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Friday, April 12, 2019

To recuse or not to recuse. That is the question for Judge Howell

BLOGGER COMMENTS:  Judge Howell is a 'good buddy' to a certain former sheriff and was re-elected running unopposed in the last election.  She is known around the courthouse for her off-the-cuff and sometimes off-the-wall comments and also her use of inmate labor on her private property.  The Blog has often pointed out such behavior.  She is 'covered' by the 'system'  as evidenced by the unanimous decision by the Court of Criminal Appeals denying the request for removing her as the judge on these two cases.

The link to the whole article is here: 

https://www.decaturdaily.com/news/morgan_county/murder-defendant-asks-supreme-court-for-new-judge/article_bc482e56-dc3f-5a12-a455-d9c738ee307d.html

A man facing two capital murder charges asked the Alabama Supreme Court on Thursday to remove Morgan County Circuit Judge Jennifer Howell from his case for alleged bias in statements she made in sentencing his co-defendants.   His younger brother, charged with the same crimes, has requested Howell to recuse herself for the same reasons.
Both Joseph Cowan, 24, and Cedric Cowan, 20, filed motions asking that Howell recuse herself from cases in which they are accused of a three-day spate of Decatur robberies and shootings, two of them fatal, in 2015.
Some of those statements from Judge Howell include:
“This is probably the worst case I’ve seen, you know, just more senseless violence than people can imagine and they can dream of,” Howell said to Mitchell in court on April 20, 2018, according to a transcript. She said she had taken her child to the scene of the Wilson Morgan Park shooting, and told her what happened.
“And, you know, I know you weren’t the shooter, I understand that, and I don’t think anybody puts a gun in your hand,” Howell said to Mitchell during the sentencing hearing. “But what keeps me awake about that is you never had to go. You never had to go the first night; and, after knowing what these brothers were capable of, you went back.”
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“The court ... stated that she was affected by the offense personally and discussed it with her own child after showing her the location of the killing of Joshua Davis," the lawyers argued in appellate court. "The court further characterized Mitchell’s role as ‘being along for the ride’ as compared to the parties the court deems to be the most culpable ones — ‘these brothers.’ ”
It is inappropriate for Howell to preside over Joseph Cowan’s trial after already indicating in court that she views him as guilty, the lawyers said.
"You know, it’s important to me that you’ve been honest about what happened and your involvement in that,” Howell said to Goodwin in a Jan. 26, 2018, hearing. “And I think that that probably had a hand in why the sentence was offered to you as it was.”
By deeming the statement by Goodwin to be “honest” — without hearing him testify or hearing contradictory testimony — Joseph Cowan’s lawyers argued Howell was showing bias.
Howell denied Joseph Cowan’s motion Feb. 21 and reaffirmed the trial would go forward April 29. Joseph Cowan appealed to the Alabama Court of Criminal Appeals, asking that it force Howell off the case and delay the trial. Appellate Judge Mary Windom last week wrote the unanimous opinion rejecting both requests.
On Thursday, Joseph Cowan appealed that ruling to the state Supreme Court.
More Blogger Comments:  OK, they're innocent until proven guilty, but these young men are in some deep kimchi and would be found guilty even if Nancy Pelosi was the judge.  But still, even Miss Nancy knows enough to keep her mouth shut.  So should Her Honor.  


5 comments:

  1. Hey! Jennifer knew right from wrong when she used inmate labor to clean up her property. Do you believe she did this once? Fool. Tight as a tick with Ana was her biggest mistake multiple times.

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  2. Is Ana still shacked up with Bones??

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  3. Ana's Attorney desperate right now. Trying all

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  4. Watch your back for anyone that has stood up. They say he is a snake

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  5. It’s good that most of them are out of power and can’t hurt anyone else.

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