Wade judge refuses to stop aside from future hearings
By Rebecca Shockley
Staff Reporter
BEAUMONT - U. S. District Judge Howell Cobb denied a motion Monday t remove himself from future court proceedings involving the case against suspended Orange County Sheriff James Wade because of alleged personal bias and improper behavior.
Wade's attorneys filed a motion Oct. 19, claiming that Cobb had a personal bias against Wade and reflected those biases throughout the trial in Sherman.
Included in the motion for Cobb's removal was an affidavit signed by Wade's attorney Gary L. Richardson stating that he had conversation with Cobb in the judge's private chambers on Sept. 19in which Cobb told him that he hoped Wade would not be acquitted because his court reporter needed the work.
In the written opinion Cobb filed Monday, he said the comments in his chambers were made in an joking manner.
Cobb also stated in his opinion that Wade's attorneys had waited too long to file the motion, apparently waiting for the jury's verdict.
Richardson filed the motion on Oct. 19, 28 days after the verdict was handed down.
Cobb stated Monday that the defense attorneys failed to show that he demonstrated improper behavior that he demonstrated improper behavior that would constitute bias and prejudice on his behalf throughout the trial.
Cited by the defense was that the judge over the defense's objections but would not allow similar statements on Wade's behalf.
Additionally, The motion stated that Cobb had questioned witnesses in front of the jury to bolster the government's case. And a comment made by Cobb in front of the jury that Wade could appeal if he was not satisfied with the court's findings gave the jury the impression that Cobb felt the case would end in a conviction, the motion stated.
Wade was convicted Sept. 21 by a nine-man, three-Woman jury on nine federal charges of narcotics conspiracy and obstruction of justice.
Wade faces a maximum penalty of 115 years in prison and $4.5 million in fines.
Additionally, Wade is seeking release from the Angelina County Jail pending further court hearings. Wade's attorney requested that bond proceedings begin during Monday's hearing and presented several witnesses on his behalf.
The hearing was suspended after U. S. Attorney Paul Naman asked for additional time to prepare his case and call witnesses. Cobb agreed to postpone the hearing until other pending motions come to court.
Wade is also waiting hearing on motions for a new trial and acquittal. Cobb is expected to set the hearing dates within 10 days, after receiving the court schedules from the attorney, according to a clerk in his office.
Back
