Hamilton County judge won’t recuse himself from murder case

A judge Monday refused to recuse himself from a case that he’s seen through half-a-dozen attorneys and nearly four years. John “Cutthroat” Simpson requested that Judge Don Poole recuse himself from his murder case before it goes to trial.

“I’ve seen the anger in his face, I’ve seen it in his voice, I believe it’s become personal,” Simpson said during testimony Monday.

Simpson was one of four men charged with the 2010 shooting death of 46-year-old Bernard Hughes. Unjolee Moore and Harold Butler already are serving life sentences for Hughes’ murder.

Simpson has moved through six attorneys since his original trial. His previous five attorneys have recused themselves at his request, many after he filed complaints with the board of professional responsibility. In his motion for recusal, attorney Mike Acuff points to media reports that stated that after Simpson fired his fourth lawyer, Poole scolded him for intentionally delaying the trial.

At issue in the motion, too, is Simpson’s refusal to testify against Butler, despite a plea agreement that specified he would do so. At the “messy” court proceeding, Poole for a time tried to compel Simpson to testify. Ultimately, Simpson invoked his Fifth Amendment right to remain silent.

“The trial judge has expressed personal dissatisfaction and frustration with the defendant which has been communicated through the media to the general public,” Acuff wrote in his motion.

But Poole disagreed. His displeasure was aimed at making sure Simpson didn’t represent himself after continually firing lawyers, Poole said. If he waved his hands in anger, it was to make that point clear.

“On every occasion that you’ve come before me I’ve treated you with kindness, I’ve treated you with respect, and I’ve done basically everything you’ve asked me,” Poole said.

He sent Simpson to the workhouse when he wanted to be sent there, Poole said. When Simpson was representing himself, Poole gave him a landline phone with an allotted number of minutes and access to a law library.

“Many people would look at that I think as a judge objectively and say I’ve gone beyond the bounds to treat you fairly and to show impartiality,” Poole said.

Poole denied the motion and will have to file a written response to Simpson’s request. He’ll hear other motions filed by Acuff at a hearing Wednesday morning, after he has finished that response, he said.

Contact staff writer Claire Wiseman at 423-757-6347 or cwise man@timesfreepress.com. Follow her on Twitter @clairelwiseman.