On Friday, March 14, 2025, The Baltimore Sun reported that Anne Arundel Circuit Judge J. Michael Wachs recused himself from the retrial of Charles Robert Smith, who is charged with the fatal shooting of three individuals during a neighborhood dispute. The judge’s decision, made on Thursday, was influenced by concerns regarding public perception of bias, particularly following critical remarks from Anne Arundel County State’s Attorney Anne Colt Leitess.
During a hearing on Friday, Wachs expressed that the perception of his ability to fairly preside over the case had been affected by the prosecutor’s comments. “I don’t blame myself for that. Not one bit,” he stated, acknowledging the implications of the situation. Although he signed a directive to remove himself from Smith’s retrial, scheduled for late September, Wachs hinted that he might reconsider this decision and indicated that he would issue another order by the end of the following week.
Leitess attended the hearing virtually, and while the defense team urged Wachs to reconsider his recusal, she emphasized that the final decision rests solely with the judge. “You have the ability to do that independently on your own,” she remarked.
The retrial follows a mistrial declared by Wachs last month after 11 days of testimony and arguments. The judge cited “transgressions” in Leitess’ questioning and conduct, which he determined made the trial unfair for the defendant. In his remarks about the mistrial, Wachs acknowledged the difficulty of the situation for all parties involved, commenting that it was “a shame all around.”
Smith faces a total of 42 charges, including 18 misdemeanors and 24 felonies, with three counts of first-degree murder and three hate crimes linked to the killings of Mario Mireles, Nicolas Mireles, and Christian Segovia during a mass shooting on June 11, 2023. This incident marked the deadliest single event in Annapolis in nearly five years. Wachs previously presided over Smith’s case and had also overseen the trial of the gunman responsible for the shooting at the Capital Gazette.
Initially, Wachs indicated that he would not be able to hear Smith’s retrial until 2026. However, on Friday, he clarified that he had agreed to work pro bono on certain days to expedite the process. He noted that the September start date was the most feasible option for all involved parties.
Public defender Anne Stewart-Hill urged Wachs to reconsider his recusal, arguing that the criticisms from Leitess did not warrant such a decision. She expressed concern that if Wachs stepped down, it could undermine public confidence in the judicial system’s integrity and independence.
The remarks made by Leitess that led to Wachs’ decision could not be publicly quoted by attorneys and were sealed from public records. Nonetheless, Wachs referenced these statements in court, bringing attention to the scrutiny surrounding his handling of Smith’s cross-examination by Leitess. During the trial, Smith had been vocal and confrontational, even labeling Leitess as an “overzealous, needs-to-retire prosecutor,” a scenario that Wachs did not heavily interrupt, emphasizing the importance of allowing the jury to perceive the defendant’s character.
Source: The Baltimore Sun
