Defense Seeks Judge’s Removal After Mistrial

Three days after a mistrial was declared, an attorney on Monday filed a motion seeking to disqualify a judge from presiding at the retrial of one of two South-Central Los Angeles men accused of killing a 67-year-old Woodland Hills resident during a burglary of his home.

The motion, filed in Van Nuys Superior Court by Deputy Public Defender William Thornbury, accuses Judge Kathryne Ann Stoltz of bias against Thornbury and his client, Devin Marcel Feagin, who is accused of murder, for which the prosecution is seeking the death penalty.

Feagin, 21, and Terrill Ross, 19, are accused of murdering Howard David King on April 29, 1988, while burglarizing King’s house. Feagin faces the death penalty if convicted, and Ross could be sentenced to life in prison without the possibility of parole.

“The trial judge has made remarks against counsel for Mr. Feagin which were inappropriate, inaccurate, made in anger, in poor taste, and with the intent of insulting and demeaning counsel,” Thornbury’s motion said.

It also contended that Stoltz “voiced a personal belief in the prosecution’s theory of the case which would make it impossible for Mr. Feagin to obtain a fair trial.”

Through a court bailiff, Stoltz said she could not comment. A hearing is scheduled for March 29 before Van Nuys Superior Court Judge Judith Meisels Ashmann to determine whether to grant the motion.

Ross’ attorney made no such motion, but since both men are being tried together, his case would also probably be transferred if the motion is granted.