John Day files motion to recuse Judge Ellington from Wagner trial

December 2, 2015 Albuquerque Journal

Defense attorneys John Day and Megan Dorsey filed a motion to recuse Judge Ellington from the Jason Wagner trial after Judge Ellington refused last week to accept Wagner’s plea deal.

“The Court’s statements about its opinions as to its desire that defendant lose his law enforcement certification, and that defendant was somehow responsible for alleged turmoil with the Santa Fe Police Department, among other inaccurate statements made from the bench during the hearing, clearly impaired the fairness of the matter in the event the case proceeds to trial,” the motion states.

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