Attorney General Files Emergency Motion to Disqualify Judge Wadel from Phillips Murder Case

[XLFD]

You may have caught the news, Fox 13 reports:  "LUDINGTON, Mich. – Testimony has been delayed in the Baby Kate murder trial because the Michigan Attorney General’s office has filed a motion to dismiss the judge.

Judge Peter Wadel has dismissed the jury until 1:30pm.  The court clerk has not released the motion documents which explains on what grounds the motion was filed.  Assistant Attorney General William Rollstin made the motion Wednesday morning."

Being in the courtroom, waiting around since 9:00 this morning I noted Rollstin hanging around the court most of the time while the judge and attorneys were out for both sides.  Sean Phillips was assisted out of the courtroom at 9:23, his main attorney David Glancy came back for a copy of his Michigan Court Rules 2016 book. 

At 10:30 Judge Wadel entered the chambers before the counsels arrived back, one minute before the prosecution team, two minutes before the defense.  Almost immediately, Judge Wadel informed the court that the jury was to be dismissed until 1:30 PM.  They came in and were apprised of that fact. 

It was then learned that there had been an emergency motion filed by Rollstin on behalf of the Attorney General's Office, a document that the court is protecting from the prying eyes of the public.   Rollstin himself is an interesting character who has had his share of courtroom assists of prosecutors.  So far, this seems as if it is a cheap theatrical stunt to shop for a new and prosecutor-sympathetic judge and maybe a less interested jury (the current one has asked a lot of questions regarding the prosecutor's witnesses). 

There has been nothing in open court I have witnessed to serve as a basis for disqualification for this judge.  I say this even though he has recently decided against a FOIA prosecution I had against the City of Ludington, a decision I dispute heartily.  Here's a little tidbit about this new character taking the stage concerning his run for judge in 2012:

In a 2015 article describing the 2012 Oakland County Circuit Court Judge election called Anything But Judicious the Dome columnist writes:  "Then, Deborah Carley and William Rollstin, two lawyers employed by Michigan Attorney General Bill Schuette, filed to run.

From the outset their campaigns were – to put it mildly – peculiar.

They made few public appearances. They even skipped the League of Women Voters/Oakland County Bar Association candidates forum.

But what really drew the attention of Oakland County’s polity was the challengers’ use of television. The Oakland Post estimated that three out-of-state groups spent close to $2 million for TV ads supporting Rollstin and Carley and attacking incumbent judge Phyllis McMillen. Their campaign literature asserted that “some Oakland County judges are going easy on criminals, putting our communities and families at risk. Deb Carley and Bill Rollstin have a plan to put a stop to that.”

The three organizations, based in Pennsylvania, Oregon and Virginia, were “Citizen’s Action Fund”, “Americans for Job Security” , and “Judicial Crisis Network”. All three were non-profit advocacy organizations immune from disclosure of their contributors under the U.S. Supreme Court’s 2010 Citizens United decision... 

In endorsing the incumbents, the Oakland Press noted that Rollstin and Carley’s ads gave the impression that they “want to become modern versions of hanging judges” and concluded that “impartiality is the rule, not the exception, in our local courts. We ought to keep it that way.”"

The election results showed that the voters would choose fairness over well-financed prosecutor-judges, Rollstin finishing dead last, the two who spent millions of questionable campaign dollars losing handily to the incumbents. 

[John Doe Jr]

What a fiasco.

[XLFD]

Judge Wadel stays the course, despite a specious case from the Attorney General's Office on why he would have an appearance of impropriety in this instance.  They must themselves see what a weak open murder case they have played out, and how attentive the jury has been to their various ploys, by asking questions that show they have a growing reasonable doubt.  More on this later, most are news will give you the basics for now.

Thank you, Judge Wadel, for not bowing down to bullies from the local police and the AGO.

[AQUAMAN]

Silly circus is all I see now, and again by AGO. I've asked from the start of all of this years ago. How do you get a murder case when no body or skeletal remains are ever found? Also, when there remains so many reasonable doubts in this case? And when the MCSO gave up searches entirely, and way too early too?

[XLFD]

Grandstanding behavior by those who are destined to lose unless they get some judge that is tough on crime and Constitutional rights.  The prosecution knows they won't get a second chance to prosecute Phillips for a murder without a body, a confession, or a criminal intent. 

AG Bill Schuette is not only wasting public money on this foolish venture (an opinion of mine that gets stronger with every prosecution witness), but doing it with the hope of getting political capital and free publicity that he can exploit in his next re-election bid. 

[XLFD]

The Motion for Disqualification filed yesterday.  Read through it and see if you agree with me that the major appearance of impropriety here is that two detectives involved in this case were browbeating a retired judge in order to get him to admit to something to railroad Judge Wadel away from this case.

http://media.mlive.com/chronicle/news_impact/other/Emergency%20Moti...

[Willy]

I agree this move by the AGO is theatrics. Maybe Thomas should have left his opinion to himself but as far as I'm concerned there was no impropriety involved or even the appearance of it. What the AGO forgets is that Thomas is no longer employed as a civil servant so he was speaking as an ordinary citizen. Judge Wadel is being exposed to all manner of opinions from every corner of this case. If Thomas was still a judge then it's quite possible the AGO would have a case for terminating Wadel.

Good point X, that if Phillips is found not guilty and will be exempt from prosecution if Kate's body is found, it makes no sense to proceed with this trial. The AGO should wait until and if more evidence is discovered.