AGO, Prosecutor File to Remove Judge Wadel from Potential Baby Kate Murder Trial

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New Circuit Court Judge Susan Sniegowski had earlier recused herself (due to earlier representing the children of Phillips) from the potential murder trial for Sean Phillips, which may not happen if the Michigan Appeals Court and possibly the Michigan Supreme Court decides otherwise.  Phillips is charged by Prosecutor Paul Spaniola and Attorney General lawyer Donna Pendergast with taking his 4 month old daughter, Katherine Phillips, on  June 29, 2011 and murdering her in the first or second degree.  The body has never been found.

The motion states that a judge can be disqualified from the process "based on objective and reasonable perceptions, has either a serious risk of actual bias impacting the due process rights of a party" by standing Michigan Court Rules.  It further argues that there may arise 'appealable issues' since Judge Wadel has already weighed in on some of the issues that may come up at trial. 

Without specifying any such issues or any 'objective and reasonable perceptions' with merit, it is unlikely that Wadel will be disqualified unless he withdraws himself.  Judge Wadel appointed himself to the task after Sneigowski's recusal as he is the chief judge of Mason County and has that option.  The other Mason County Judge has a little over two years on the bench.

Here is the motion to disqualify Wadel, courtesy of WOOD.

LUDINGTON, Mich. — Officials at the state and county level are pushing to keep a judge from presiding over the murder trial of Sean Phillips in Mason County.

Phillips is the father of ‘Baby Kate’ who went missing in July 2011 and was never found.

Both the Mason County prosecutor and the state Attorney General’s Office want to keep Judge Peter Wadel [pictured right]from presiding over the trial, after Wadel dismissed the murder charged against Phillips at an earlier p...

A circuit court judge later overturned Wadel’s initial decision, reinstating the murder charge against Phillips. That judge has since retired, and acting as current circuit court chief judge now, Wadel assigned himself to the new murder trial he originally ruled against.

The motion filed Thursday is trying to get a new judge for the trial.

Phillips is currently serving a 10-15 year sentence for unlawful imprisonment in connection to ‘Baby Kate’s’ disappearance and is currently appealing that ruling that reinstated the murder charges.

http://fox17online.com/2015/03/05/prosecutors-want-new-judge-in-bab...

See also City of Ludington Daily News' related story filed over a half day later

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If you check out the Motion for DQ link and see the references to a certain 2012 case involving disqualification (People v. Rodriguez) you will get the idea that the AGO/MCP team are depending on this as precedent to get Judge Wadel disqualified, but in that case (People v. Rodriguez 2012) you get the Michigan Appeals Court actually finding the prosecutor who wanted the same DQ motion against a judge who presided over the pre-lim find that there is no basis for disqualification there; the snippet the AGO/MCP use in this instance was part of a footnote cautioning that such behavior may not always be the case.  I see no compelling justification offered in the brief to suggest that.

[AQUAMAN]

Simply a witch hunt on Wadel. He's about the most fair, objective, and unbiased person in that entire courthouse in Mason County you will ever find. The prosecutors just want a fixed judge with a fixed attitude on this matter. What prosecutors should do is put the pressure on the LPD for finding a body to justify the murder to begin with. Without that critical evidence, it seems to be a moot issue for anyone that believes in the justice system of fairness and legalities.

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I am even more disappointed with the City of Ludington Daily News (COLDNews) than usual with their coverage of this.  It headlines the top of Friday's paper, saying "Motion to Disqualify, Prosecution files motion to remove Wadel as judge for new trial of Phillips".  In about twenty column inches of storyline it refers to the murder trial of Sean Phillips as if it's a surety to happen.  As noted in the FOX 17 and WOOD articles, the question of whether there actually will be a trial is still in the Michigan Appeals Court. 

Putting such a motion before the court at this juncture is premature, and if anything, should prejudice any impartial court against the prosecution's methods.  Take for example, when I was assaulted in December by a dog and its owner and filed a complaint at the LPD, the way things work is that the police investigates the complaint and sends their findings to the prosecutor to see whether they demand a warrant for arrest. 

It would have been bad form by me at that point if I would have made a motion in circuit court to disqualify Judge Cooper from adjudicating the case.  Particularly when the LPD's and prosecutor's prejudices had them not issue such a warrant so no trial was necessary.  I'm sure Prosecutor Paul would have even quicker in shooting the warrant down if I had made such a motion, as would most anyone.