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Clinton County Judge Craig Miller will be permitted to preside over a homicide trial after a claim of impartiality was ruled against by the state Superior Court.
Despite Miller representing the accused son's mother twice as private attorney before he went on the bench, this week's ruling allows court administrator Don Powers to begin planning for the trial of Brian St. John III, according to PennLive.com.
The trial has been on hold since last July when District Attorney David A. Strouse appealed the decision of Miller not to recuse himself.
St. John, 21, is accused of fatally shooting Jakob Lee Haines, then 21, of Beech Creek, on Feb. 26, 2021, during a gathering in a home in Woodward Township, across the Susquehanna River from Lock Haven, the media source stated.
Strouse questioned the impartiality of Miller noting he and one of the defense attorneys, George E. Lepley Jr., were co-counsel for four homicide trials before the judge went on the bench and they remain friends, PennLive stated.
The appellate court panel found Strouse had not shown he harbors a personal bias against the prosecution or, beyond conjecture, that he has a personal interest in the outcome of the case, according to the court ruling.
It cites comments Miller made when he refused to recuse himself that no evidence was presented that Lepley and he socialized since he went on the bench in 2008, and allegations about close contacts between Miller and Lepley are unfounded, it concluded.
The panel also noted Miller said at the July hearing he could not identify St. John's mother when he entered the courtroom and he has had no contact with her since the criminal matters ended in 2006, PennLive stated.
Strouse said he respects the decision but will consider all appellate options before moving forward and his priority is justice for the victim and his family that he said has been delayed far too long.
The prosecution alleges St. John removed a Taurus Judge revolver from a kitchen drawer, pointed it at Haines and pulled the trigger.
St. John told investigators he was 100% sure the gun was unloaded when he fired it, according to court records.
St. John is charged with first- and third-degree murder, involuntary manslaughter, aggravated assault, attempted aggravated assault and voluntary manslaughter.
Although he is not dropping any of the charges, Strouse previously said he will not pursue the latter two at trial, PennLive stated.