Marc Wilson case has been delayed as Judge determines if new Judge will be assigned case
The murder trial against Marc Wilson has been delayed as the court determines whether a new judge should hear the case after an exchange in a hearing two months ago.
A hearing on November 19th lasted about an hour without a single witness called. The judge said the idea of attorneys questioning each other on the stand, let alone a judge, would be in his words a “recipe for disaster”.
At Marc Wilson’s last hearing in September, one of the state’s unmarked evidence notebooks got to Judge Michael Muldrew’s bench, then the hands of defense attorney Francys Johnson. Johnson objected to the judge having possibly seen potential evidence the defense hadn’t received.
“The court had possession of communications from my client’s email that the state had, but hadn’t produced them,” said defense attorney Gary Spencer.
Friday, Judge Michael Karp was supposed to hear arguments why Judge Muldrew should or should not be replaced on Wilson’s murder case. Prosecutors argued the motion to remove Muldrew amounts to “judge shopping”.
“Let’s say I’m in front of a judge I dislike, I can file to recuse, then subpoena the judge, then say ‘you’re out of the case,’” said prosecutor Matt Breedon.
Defense attorneys had wanted to question the judge as well as District Attorney Daphne Totten and themselves, under oath. Then prosecutors could have also cross-examined the defense.
Judge Karp said both sides will instead submit written questions. He’ll determine which questions are permissible and have the other side file written answers. Those will be part of the next hearing.
Wilson, a Black man, was allegedly getting dinner with his white girlfriend when they were confronted by another vehicle’s occupants who shouted racist remarks at the couple and attempted to run them off the road.
Wilson's attorneys say he fired a handgun from behind the wheel of his car in self-defense.
Both sides will come back to court December 10th.