New hearing for Fuelberg, Demond
August 27, 2013, 5:00 pm by From Staff Reports
The court ordered a recusal hearing for Oct. 28.
Fuelberg was convicted in 2010 of third-degree misapplication of fiduciary property, theft and money laundering for allegedly funneling PEC funds to the attorney son of a cooperative board member. Fuelberg served as the PEC general manager from 1976 until his retirement in 2008.
Demond was convicted of similar charges in spring 2011.
Prior to their trials, Fuelberg and Mills had filed motions asking that Mills recuse himself as judge.
The appellate court determined that Judge Bert Richardson had not applied the proper standard when determining whether Mills should be disqualified or not. According to the appeals courtís decision, Richardson based his decision on whether the PEC member (Mills) would have a financial interest in the cooperative or the outcome of the case.
While the Third Court of Appeals agreed with Richardsonís determination in this point, it pointed out the judge should have considered a different standard in deciding whether to recuse Mills."Instead, Judge Richardson should have determined whether a reasonable person would doubt Judge Millsí impartiality,Ē the appellate courtís decision stated.
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