On Thursday, October 17, 2024, Reuters reported that the 9th U.S. Circuit Court of Appeals disqualified a judge from hearing a death row inmate’s lawsuit in Idaho due to her friendship with the lead prosecutor. The ruling came as part of a case involving Thomas Eugene Creech, who has been on death row for decades and is contesting the validity of evidence presented against him.
The appellate court’s decision centered on U.S. District Judge Amanda Brailsford, who was presiding over Creech’s case. The court determined that Judge Brailsford should have recused herself given her personal relationship with Ada County Prosecutor Jan Bennetts, who has been involved in prosecuting Creech for over 40 years. The panel of three judges emphasized that even though they believed Brailsford could have been fair, her impartiality could be reasonably questioned under the circumstances.
Circuit Judge Jay Bybee expressed concerns about the potential human pressures that might arise when a judge has a personal connection to individuals involved in a case. He stated, “There is no reason for Judge Brailsford to subject herself to the very human pressures that arise out of sitting in judgment in cases involving people we know and value as friends.”
Creech, now 74, has a long history of violent offenses, having been convicted of five murders in the 1970s. He was sentenced to death after pleading guilty to the murder of fellow inmate David Dale Jensen in 1981, a crime committed within prison walls. Creech’s legal team filed a lawsuit in February challenging the Idaho Commission of Pardons and Parole’s rejection of his clemency request, which was based on claims of evidence fabrication by the prosecution.
The lawsuit alleges that evidence introduced by Bennetts’ office may have been altered to support the prosecution’s case against Creech, specifically regarding the murder weapon. This claim came after the state attempted to execute Creech earlier this year, a process that was unsuccessful.
In May, Creech’s attorneys formally requested Judge Brailsford to step aside from the case due to her friendship with Bennetts, which dates back to when both women clerked for former U.S. Circuit Judge Thomas Nelson in 1993. During her swearing-in ceremony in 2019, Brailsford referred to Bennetts as a “dear friend,” further complicating her position in the case.
Despite acknowledging their friendship, Judge Brailsford declined to recuse herself in July, asserting that they had since “lost touch.” This decision was ultimately found to be inappropriate by the 9th Circuit panel, which highlighted the need to maintain public confidence in the judicial system’s impartiality.
The ruling has significant implications for Creech, who continues to fight against his death sentence. The case underscores the importance of judicial recusal in situations where personal relationships may influence a judge’s decisions, particularly in high-stakes legal matters such as capital punishment.
Source: Reuters
