On Friday, August 23, 2024, Fox 8 reported that Judge Ben Willard would remain on a first-degree rape case in Orleans Parish Criminal Court, after Judge Kimya Holmes denied a recusal motion filed by the District Attorney’s Office.
The motion claimed Judge Willard acted inappropriately and displayed bias in his courtroom. The DA’s Office said a male juror made an offensive comment to one of their staff members, but Judge Willard told the staffer she was a “distraction” rather than removing the juror.
At a hearing, Judge Holmes considered testimony from representatives of both the prosecution and defense, as well as a transcript of the proceedings. While she said sworn statements from the DA’s Office were not entirely accurate, Judge Holmes expressed concern over the lack of respect and decorum shown in Judge Willard’s courtroom by all parties.
The events began when First Assistant DA Ned McGowan argued the recusal motion directly to Judge Willard. Willard initially refused to address the motion, and McGowan later called him a “coward,” prompting Willard to confront McGowan near the bench. He then had deputies remove McGowan and another staff member from the courtroom before denying the motion.
Unsatisfied with the decision, the DA’s Office said in a statement that they “respectfully disagree with the Court’s ruling denying our motion to recuse the judge due to bias.” They intend to appeal to the Fourth Circuit Court to ensure a fair trial for the defendant. Meanwhile, defense attorney Lionel Lon Burns supported Judge Willard’s authority in his own courtroom.
Source: Fox 8
