YFZ Trial Update
 Defense asks Judge Walther to recuse herself
 
The Eldorado Success
YFZ defendants

L-R) Attorney David Glenn Rogers of Midland accompanies YFZ defendants Keith Dutson, Allan Keate, and Lehi Barlow Jeffs Allred from the courtroom Friday morning shortly after the conclusion of a hearing in which Judge Walther was asked to recuse herself from hearing evidence that the YFZ indictments should be quashed.

A hearing concerning defense motion to quash YFZ indictments began at 10 a.m. Friday but ended abruptly after the prosecution called its first witness and defense attorney Gerald Goldstein moved that Judge Barbara Walther recuse herself. The defense claims that the grand jury that indicted the YFZ defendants did not include enough Hispanic members and asks that the indictments be thrown out. Since Judge Walther participated in the grand jury selection process, the defense says she is a witness. Judge Walther recessed the hearing and announced that it would reconvene 11 a.m. on Monday, December 7, 2009, presumably with another judge on the bench.

The motion to recuse applies only to the hearing and not to the Allan Keate trial. THE SUCCESS has learned that jury selection in Keate's trial, originally set to begin on Monday, has been moved back a day and will now begin at 10 a.m. on Tuesday, December 8th.

Additional updates will be posted as they become available. Updates will also be emailed directly to our E-Delivery subscribers.
 
myeldorado.net
Originally published Friday, December 4, 2009
 
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