TUSCALOOSA, Ala. (WIAT) – Darius Miles’ attorneys are requesting Judge Daniel Pruet to step down, arguing “reasonable person might question if he hold bias” in the case.
The recusal motion was filed Thursday. A trial for the former University of Alabama basketball player is tentatively set for Dec. 1, with jury selection beginning in November.
However, the defense wants a new judge to provide over the case. A recusal motion hearing was held Friday morning in Judge Pruet’s courtroom.
“The court is implying I’m petty or did this out of retaliation,” Miles’ lead counsel, Mary Turner, told the court.
Pruet responded, “I don’t think you’re petty.”
The judge also disagreed with the notion that he holds any bias.
“Judge Pruet has demonstrated behavior that would lead a person of ordinary prudence in the judge’s position knowing all of the facts known to the judge to question his impartiality,” according to the court document.
Pruet did not rule on the motion; instead, he told the courtroom he wanted more time to understand a little more about what “beliefs of bias” could be held based on actions cited in the defense’s motion.
“This is a difficult motion for any lawyer to file,” criminal defense attorney Stan Glasscock said.
Glasscox not related to Miles’ case, but given his 30+ year experience as a criminal defense attorney in Tuscaloosa, CBS 42 news asked Glasscox to weigh in on Friday’s court hearing.
“It’s a pretty big step to ask a judge to remove themselves from a case,” Glasscox said. “You normally ask them for one of two reasons: either a conflict of interest, or a heavier one – bias.”
Judge Pruet noted in court Friday that Miles’ has received more accommodation than any other defendant in his courtroom, as one example that he is unbiased in the case.
While Miles’ defense team is not suggesting Judge Pruet has [actual bias], a 2020 judicial opinion wrote “actual bias is not necessary for a judge to recuse – only a reasonable appearance of bias or impropriety.” The motion cites that opinion as just cause for recusal.
Judge Pruet told the court he would have already dismissed the motion if it argued actual biases, but if the motion is ultimately dismissed, the defense can request a second opinion.
“The defense can file what’s known as a petition of mandamus,” Glasscox said.
A mandamus is a filing with the Alabama Court of Criminal Appeals requesting the court review the recusal motion and the judge’s ruling.
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