On Friday, July 19, 2024, the Auburn Reporter reported that the attorneys for convicted Auburn police officer Jeffrey Nelson filed motions requesting a new trial and the recusal of the presiding judge in the case.
Nelson was convicted on June 27th of second-degree murder and first-degree assault for fatally shooting 26-year-old Jesse Sarey while on duty. His defense team, which includes attorneys Emma Scanlan, Kristen Murray and Timothy Leary, submitted the filings just three weeks later on July 16th.
The motions, totaling 989 pages, argue that multiple instances of prosecutorial and judicial misconduct denied Nelson his right to a fair trial. Regarding the request for recusal, the defense asserted that Judge Nicole Gaines Phelps engaged in conduct that would undermine perceptions of her impartiality.
Specifically, the motion claims Judge Phelps hid preliminary verdict forms from the defense that showed the jury had already found Nelson guilty on the assault charge. She then provided altered forms to the jury to continue deliberating. The filing stated consulting with other judges about this matter, as Judge Phelps acknowledged, warrants having an outside judge from a different county take over.
The motion also referenced Judge Phelps rebuking defense counsel in front of jurors and overruling their objections to prosecutorial attacks on credibility. On one occasion, she reprimanded a defense attorney in front of the jury for simply asking to address an issue outside their presence.
If the recusal motion is denied, Nelson’s legal team indicated their intent to immediately file an emergency appeal with the Washington State Court of Appeals seeking review before the case moves forward. They argued no reasonable person could view the trial as impartial given the judge’s alleged conduct.
Source: Auburn Reporter
