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Bay City defense attorney seeks to disqualify Midland County judge from murder case
Cole Waterman | The Bay City Times
Thursday August 12, 2010
MIDLAND — Court proceedings against a Midland man accused of killing his ex-wife have hit a snag, with his defense attorney claiming the presiding judge is prejudiced against his client.
A Cobbs hearing Thursday for Lewis C. Henderson Jr., 54, ended abruptly with Midland County Circuit Judge Jonathan E. Lauderbach ordering Bay City attorney Jason Gower from his chambers.
“The judge basically prejudged the case and found my client guilty,” Gower said. Gower added that Lauderbach said if Henderson pleads guilty as charged, he’ll be sentenced to 10 years in prison, but if he is convicted at trial, he’ll be sentenced to 19 years.
“I’ve always felt
this was a negligent homicide, if anything,”
Gower said. “I’m filing a motion to disqualify
the judge because of the exchange that occurred
in his chambers. This is outrageous.”
In 2008, Lauderbach sentenced Henderson to a maximum of three years probation on an assault with a dangerous weapon charge.
“The judge indicated he should’ve sent him to prison on the last offense or this wouldn’t have happened,” Gower said. “This judge cannot be fair and impartial.”
Henderson's next court date is set for Aug. 18, at which time the court will hear several motions filed by Gower, including the one seeking Lauderbach’s disqualification.
“In the event he does not disqualify himself, he has to refer the case to the state court administrator, who will assign another judge to hear the disqualification motion,” Gower said.
Henderson is charged with driving under the influence and causing the death of his ex-wife, Kelly S. Deering, 49. On Oct. 28, Henderson allegedly was driving a 1994 Buick Regal along Bay City Road when it crashed into a railroad crossing sign, killing passenger Deering, Bay City Times archives show.
Henderson claimed he swerved to avoid a deer. He was arrested after five months of investigation and remains jailed on $750,000 bond.
A trial date of Aug. 30 will certainly be canceled, Gower said.
"The judge cannot comment on a pending motion," said Jerome Kole, trial court administrator. "That would have to be dealt with in court."
http://www.mlive.com/news/bay-city/index.ssf/2010/08/bay_city_defense_attorney_clai.html
"Justice, justice shall you pursue, that you may live."
- Deuteronomy 16:20