On Wednesday, February 18, 2026, Tampa Bay Times reported that the trial of Tampa neurosurgeon Philip Henkin was postponed after his defense team accused the presiding judge of bias in a fatal crash case involving a bicyclist.
Henkin is accused of causing a traffic collision that resulted in the death of Adam Hasebroock, a banker and triathlete, on November 4, 2021. The defense attorneys filed a request for Hillsborough Circuit Judge Robin Fuson to recuse himself, citing statements made during a hearing the Monday before the trial was scheduled to commence. The defense, led by attorney Richard Escobar, argued that Judge Fuson’s remarks indicated he had already formed an opinion on the facts of the case, specifically that the fatal collision was not solely due to speed.
Judge Fuson recused himself from the case on Tuesday morning, stating that the defense’s request was legally sufficient, though he did not address the validity of their bias allegations. Judge Elizabeth Rice, who previously handled pretrial matters for Henkin, also recused herself without specifying a reason. Judge Lindsay Alvarez has been assigned to the vehicular homicide case, and a new trial date has not yet been set.
The incident occurred before sunrise on Lizards Tail Road in New Tampa. Henkin, 63, was on his way to work at a nearby surgery center. He told police he believed he was driving between 35 and 40 mph, while police reported the speed limit was 20 mph. Data from Henkin’s Tesla indicated the vehicle was traveling at over 80 mph just before the crash. If convicted, Henkin faces up to 15 years in prison.
Surveillance footage from a nearby building showed that Hasebroock was struck near the middle of the road. The defense argued that Hasebroock was traveling south in the northbound lanes, violating traffic laws. Prosecutors contend that Henkin was driving north and entered the southbound lane when he struck the bicyclist.
Prior to the trial’s postponement, Henkin’s attorneys had filed motions to dismiss the charges and suppress evidence, arguing the roadway was poorly maintained and lacked sufficient signage. Judge Rice denied these requests the week before. The defense cited 17 excerpts from a court transcript where Judge Fuson allegedly made comments prejudging the case, including statements like, “You can’t do 80 mph on Lizard Tail Road maybe. I don’t know,” and “It’s not just speed alone in this case.”
The defense also referenced the judge’s remarks about the circumstances of the collision, such as, “Maybe he should have slowed down and figured it out,” and “Isolated dark road with a bicyclist on it,” adding, “You don’t have a right to go 100 miles an hour.” The defense noted there was no evidence Henkin was going 100 mph.
The state responded by citing case law stating that judges should not defend their honor when ruling on disqualification requests, even if the allegations are false.
Judge Fuson was elected to the Hillsborough circuit court in 2018 and presides over high-profile criminal cases. Before becoming a judge, he was a criminal defense attorney, prosecutor, and professional baseball player in the minor leagues.
Source: Tampa Bay Times
