On Friday, December 6, 2024, WPSD Local 6 reported that Kentucky Judge Joe Roark recused himself from the re-trial of Sandra Guess, following a mistrial declared earlier in the case. This decision comes after the jury was unable to reach a verdict during the initial trial, which took place in May. A new trial date has been scheduled for April 2025.
The recusal was prompted by a motion filed by defense attorney Jeremy Ian Smith, who highlighted Judge Roark’s previous recusal from a civil case involving Sandra Guess’ husband, David Guess. David Guess, a commissioner in Paducah, had filed a lawsuit to regain his position after being removed from office in January 2023 due to racially insensitive text messages.
During the previous trial of Sandra Guess, Judge Roark had offered to recuse himself on two occasions, both of which were accepted by all parties involved. However, Smith stated that he was unaware of Roark’s prior recusal from David Guess’ case until after the conclusion of the trial, which led him to request the judge’s recusal at this point.
Smith argued that the legal precedent indicates a judge should recuse themselves in cases with similar facts or witnesses to avoid any appearance of impropriety. He acknowledged that Judge Roark acted impartially throughout the proceedings but deemed the recusal necessary to maintain the integrity of the trial process.
Michael Stacy, the Commonwealth Attorney representing several counties, has been appointed as a special prosecutor for this case at the request of the Kentucky Attorney General’s office. He expressed his respect for Judge Roark and noted that during the previous trial, Roark had offered to step aside without any objections from the defense or prosecution.
Stacy also indicated that the change in judges could potentially delay the upcoming trial. Both attorneys in the case have shared their perspectives on the recusal decision, acknowledging the implications it may have on the trial’s timeline.
Source: WPSD Local 6
