published Tuesday, March 16th, 2010

Attorney for Craft asks judge for recusal

PDF: Tonya Craft’s defense attorney’s request for the judge to be dismissed from the case

WHAT’S NEXT

Tonya Craft’s trial was originally scheduled to begin Monday, but was moved to April 12 because of an illness in the family of one of her defense attorneys.

The defense attorney for a former kindergarten teacher accused of child molestation asked that the judge in the case step down because of his previous involvement in the defendant’s divorce.

But Lookout Mountain Judicial Circuit Superior Court Judge Brian House denied the motion twice, records show.

Tonya Craft’s defense attorney, Scott King, first filed the motion for Judge House’s recusal on Feb. 11, citing that the judge had represented Ms. Craft’s ex-husband during their divorce in 1998, court records show.

The document states that the prior relationship would “interfere with defendant’s ability to ensure that her due process rights are protected and to obtain a (fair) and impartial trial.”

After Mr. King filed the motion, Judge House denied the request, saying the attorney’s affidavit was not notarized properly. When Mr. King sent another motion with the correct documentation on March 2, Judge House denied the request again, giving no explanation, records show.

Judge House’s assistant, Michael Caldwell, said the judge would not comment on any of the “alleged” claims.

Ms. Craft, a former Chickamauga Elementary School teacher, faces 22 counts of child molestation, aggravated sexual battery, aggravated child molestation and child molestation involving three children, records show.

Her 1998 divorce documents show Ms. Craft, formerly Tonya Bumgarner, filed for divorce from Conrad Bumgarner Jr. in Hamilton County Circuit Court. Brian House is the attorney listed on the document as representing Mr. Bumgarner.

Judge House was a private attorney in Hamilton County from 1988 to 1992, according to his campaign profile when he ran for his judge seat in Catoosa County.

Because of a recent gag order in the case, Ms. Craft’s local defense attorney, Clancy Covert, said he couldn’t comment on the motion.

Ms. Craft has continued to maintain her innocence throughout the process, and her friends have supported her through a Web site and a fundraiser on March 10.

Charles and Mandy Motley, who had a son in Ms. Craft’s class, said they attended the fundraiser because they were upset about the judge’s reported former involvement with her divorce.

“She can’t get a fair trial,” Mrs. Motley said.

about Joy Lukachick...

Joy Lukachick is the city government reporter for the Chattanooga Times Free Press Since 2009, she's covered breaking news, high-profile trials, stories of lost lives and of regained hope and done investigative work. Raised near the Bayou, Joy’s hometown is along the outskirts of Baton Rouge, La. She has a bachelor’s degree in mass communication from Louisiana State University. While at LSU, Joy was a staff writer for the Daily Reveille. When Joy isn't chasing ...

Other National Articles

1
Comments do not represent the opinions of the Chattanooga Times Free Press, nor does it review every comment. Profanities, slurs and libelous remarks are prohibited. For more information you can view our Terms & Conditions and/or Ethics policy.
VictoriaSA said...

In such cases, questioning the right of the judge to precede the case is a strategy that many attorneys use when trying to put the case in the favour of their clients. Whether this is really for the fair trial is questionable.
Simon - http://www.starrausten.com

June 14, 2012 at 10:37 p.m.
please login to post a comment

videos »         

photos »         

e-edition »

advertisement
advertisement
400 East 11th St., Chattanooga, TN 37403
General Information (423) 756-6900
Copyright, Permissions, Terms & Conditions, Privacy Policy, Ethics policy - Copyright ©2014, Chattanooga Publishing Company, Inc. All rights reserved.
This document may not be reprinted without the express written permission of Chattanooga Publishing Company, Inc.