James Poore (left) and Cedric Poore: The two men face murder charges in the deaths of four women in the Fairmont Terrace apartments.
A couple of hurdles in the path to a preliminary hearing in the Fairmont Terrace quadruple-murder case were cleared in court Tuesday, but more likely remain.
In Oklahoma City, the state Court of Criminal Appeals denied a defense request to recuse the judge who is assigned to handle the preliminary hearing, which is scheduled to begin Monday.
In Tulsa, based on the appellate court's action, Tulsa County Presiding District Judge William Kellough lifted the stay order that he had imposed in May.
With the recusal request rejected, Special Judge Stephen Clark remains the judge who is assigned to the preliminary hearing for Cedric Poore and his brother, James Poore.
Lawyers indicated Tuesday that there could be legal motions to address prior to the start of testimony at the preliminary hearing.
James Poore, 32, and Cedric Poore, 39, are each charged with four counts of first-degree murder and two counts of armed robbery. Cedric Poore alone is charged with a gun-possession count.
The Poores are charged in the Jan. 7 shooting deaths 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.
Defense lawyers sought to have Clark disqualified from the case based on witness-related matters.
Kellough's stay order had delayed the preliminary hearing until the recusal matter was resolved.
After Clark and Kellough separately declined to remove Clark from the hearing, the recusal issue was appealed to the state's highest court on criminal matters.
A court filing by attorney John Echols, representing 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 by authorizing the arrest of that witness for having failed to comply with an unlawful directive.
Echols said he plans to pursue a motion Monday requesting that the Tulsa County Public Defender's Office be disqualified from representing witnesses in the case.
A court filing maintains that the Public Defender's Office has represented two material witnesses and one cooperating witness "in this single case."
All four of the slain women 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.
Witnesses have said the Poores said they shot the women because they would be able to identify them, according to police.
Bill Braun 918-581-8455
bill.braun@tulsaworld.com
Original Print Headline: Appeals court denies request for recusal
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