The Georgia Attorney General's motion for Judge Frank Jordan Jr. to recuse himself in the ongoing case of convicted Stocking Strangler Carlton Gary is not intended to delay a Dec. 3 hearing on Gary's motion for a new trial, the attorney general said.
The recusal motion filed Monday comes two weeks before Jordan's to hear Gary's motion for a new trial, which is based partly on conflicting DNA test results from the stranglings and a rape that immediately preceded the seven serial killings that terrorized Columbus in 1977-1978.
The motion said Jordan should leave the case because the book "The Big Eddy Club" is in his office library.
British author David Rose's 2007 book named for an exclusive Green Island Hills dining club is critical of the police investigation and the prosecution, alleging authorities deliberately concealed evidence of Gary's innocence in the heinous rapes and murders. Rose, who has assisted in Gary's defense, is among those on Gary's list of witnesses in the Dec. 3 hearing on the new trial motion.
Gary's lead defense counsel, Atlanta attorney Jack Martin, said he believes the motion has no merit, and appears to be a last-ditch effort to scuttle the Dec. 3 hearing.
"It's awful late in the game to be raising something like this," the attorney said. "I think it's untimely, and completely without any basis."
The attorney general responded that this is no delay tactic, noting its motion cited a Superior Court rule that says, "In no event shall the motion be allowed to delay the trial or proceeding.
So the Dec. 3 hearing on Gary's motion for a new trial will go on, the attorney general says:
Therefore, the motion to recuse cannot be used to delay the December 3, 2013 hearing and it certainly was not our offices intention for it to be used to delay the hearing. The State is ready to go forward and there is no reason for the motion to recuse to delay the case.