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Defense lawyers file formal papers seeking judge's recusal in Fairmont Terrace hearing

By BILL BRAUN World Staff Writer on Jun 1, 2013, at 2:27 AM  Updated on 6/01/13 at 8:19 AM


Cedric Poore and James Poore: The brothers are each charged with four counts of first-degree murder and two counts of armed robbery.


A special report: 61st and Peoria
  • Read about the Fairmont Terrace quadruple homicide and the Tulsa World’s investigation of the area.
  • 61st and Peoria

    Poore brothers bound over for trial in Fairmont Terrace slayings

    The Poores next court appearance will be Sept. 23 for an arraignment setting before District Judge William Kellough.

    Continuing coverage: Read more about Tulsa's 61st and Peoria neighborhood here.

    Testimony in Poores' hearing focuses on crime scene

    Witnesses have testified that James Poore said he planned to “pull a lick” and steal drugs and money.

    CONTACT THE REPORTER

    Bill Braun

    918-581-8455
    Email

    Lawyers for two brothers who are charged with murdering four women in Tulsa filed documents this week seeking to have the assigned judge recused from the preliminary hearing.

    Attorneys for Cedric Poore and James Poore filed requests with the state Court of Criminal Appeals seeking to have Special Judge Stephen Clark removed from handling the case.

    The filings mean an order issued last week by Tulsa County Presiding District Judge William Kellough, staying proceedings in the murder case, is destined to continue in effect until further order from the state appeals court.

    Cedric Poore, 39, and James Poore, 32, are each charged with four counts of first-degree murder and two counts of armed robbery.

    They are charged in the Jan. 7 fatal shootings of Julie Jackson, 55; Misty Nunley, 33; Rebeika Powell, 23; and Kayetie Powell Melchor, 23, at the Fairmont Terrace apartment complex near 61st Street and Peoria Avenue.

    Clark denied requests on behalf of both defendants asking that he recuse himself, finding that there was not a sufficient basis "to support the request for recusal," a court order says.

    In accordance with procedure, defense lawyers then presented the matter to Kellough, who declined to remove Clark from the case.

    The recusal requests involve witness-related issues.

    The preliminary hearing in the case, which had been set to start May 23, has been rescheduled for July 15.

    The motion to recuse Clark filed by attorney John Echols for Cedric Poore asserts that Clark "abdicated the role of impartial magistrate" by directing a witness to appear in the District Attorney's Office, rather than at a court proceeding, and authorized the arrest of that witness for having failed to comply with an unlawful directive.

    A recusal motion filed by attorney Kathy Fry for James Poore contends that Clark "has not followed the letter of the law" in this case.

    All four victims were shot in the head with their hands bound behind their backs, police said.

    According to arrest reports, the Poores told witnesses they were "going to pull a lick" - a robbery - at Powell's apartment.


    Bill Braun 918-581-8455
    bill.braun@tulsaworld.com
    Original Print Headline: Attorneys file papers seeking judge's recusal
    A special report: 61st and Peoria
  • Read about the Fairmont Terrace quadruple homicide and the Tulsa World’s investigation of the area.
  • 61st and Peoria

    Poore brothers bound over for trial in Fairmont Terrace slayings

    The Poores next court appearance will be Sept. 23 for an arraignment setting before District Judge William Kellough.

    Continuing coverage: Read more about Tulsa's 61st and Peoria neighborhood here.

    Testimony in Poores' hearing focuses on crime scene

    Witnesses have testified that James Poore said he planned to “pull a lick” and steal drugs and money.

    CONTACT THE REPORTER

    Bill Braun

    918-581-8455
    Email

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