On Friday, May 1, 2026, the Times Union reported that Columbia County District Attorney Chris Liberati-Conant filed a motion in county court seeking the removal of Judge Michael Howard from the case of a teenage girl accused of murder and arson.

The motion argues that Judge Howard has demonstrated an inability to remain fair and impartial, exhibiting what the district attorney describes as an “apparent emotional attachment” to the defendant.

The case involves a 15-year-old Livingston resident at the time of the alleged crime, who is accused of setting fire to her relative’s house on June 7, 2024, resulting in his death. Due to her age, the Times Union is withholding the defendant’s name.

The District Attorney’s concerns stem from Judge Howard’s conduct during a “Clayton hearing,” a pre-trial proceeding where the defense argues for the dismissal of charges based on the premise that further prosecution would constitute an injustice. This hearing, ordered by Howard, took place over three nonsequential days in January and February.

During the hearing, a school social worker and a State Police investigator testified that the teenager had confided in them about alleged physical abuse by her relative prior to the incident. Conversely, three relatives of the deceased testified that they had never witnessed any abuse and found it unlikely that he would have harmed the teen, also stating that they had never observed any signs of abuse on the girl.

Liberati-Conant’s issues with Judge Howard’s conduct began on June 8, 2024, when Howard held a hearing on a Saturday after the defendant spent a night in the Columbia County Jail, an adult facility. The girl was housed separately from other inmates. Howard, who signed the order placing the defendant in jail after a spot at a juvenile facility could not be found, said he “didn’t sleep much last night thinking about this,” and the motion stated that Howard “became visibly emotional to the point of tears.” Howard said he believed he had violated the defendant’s due process rights.

According to the motion, “This statement is part of a pattern by (Howard) of raising and arguing issues that ordinarily would be raised by the defense counsel in our adversarial system in which the court is a neutral arbiter.”

During a court appearance shortly after the teen’s arrest, Howard suggested the proceedings should be handled in family court, stating that prosecuting the defendant in criminal court “doesn’t really sit well with me.” In a subsequent hearing, Howard cited his own research, which was not submitted in court, arguing that the defendant should be tried in family court and criticizing state law.

Despite the prosecutor’s authority to decide on trying a defendant in family court, Howard asserted his power to dismiss the matter outright in the interest of justice, even over the prosecutor’s objection, and ordered the Clayton hearing. The motion also notes that Howard cited unfounded Child Protective Services reports about potential abuse by the dead man, making a finding of fact that prosecutors did not have the chance to challenge.

During the Clayton hearing, Howard closed the courtroom, barring relatives of the deceased while allowing the defendant’s relatives to attend. Howard also quoted Elvis lyrics, stating, “People, don’t you understand, the child needs a helping hand, or he’ll grow to be an angry young man some day”. The motion further alleges that Howard repeatedly emphasized the defendant’s age during the Clayton hearing, despite it not being a legal mitigating factor.

The motion states, “(Howard) has made it clear that (he) disagrees with the requirement that the district attorney consent to the removal of a murder in the second degree charge to family court. (He) has also made it clear that the Clayton proceeding is an end-run against the consent requirement,” and “Finally, the court appears from the outset to have believed that defendant is the victim of severe abuse despite that issue not being litigated by the parties until the Clayton hearing, where the court for the first time heard substantial evidence undermining defendant’s claims”.

Reportedly, a few weeks before the alleged murder, the teenager was taken to the Columbia Memorial Health psychiatric unit after telling her school counselor she would “pour gasoline on (the relative) and set him on fire” if forced to return home. She was subsequently transferred to a mental health facility in Westchester County, where she stated that her relative had never abused her, including right before her release.

A forensic psychologist, Jacqueline Bashkoff, who interviewed the defendant post-arrest, reported that the teen claimed repeated physical abuse by the relative, leading to psychological and behavioral issues.

A hearing to determine whether Howard should be removed from the case is scheduled for May 30.

 

 

Source: Times Union