Louisiana: Judge quits Baton Rouge murder case

BATON ROUGE, La. (AP) -- The Baton Rouge judge who has presided over Trucko Stampley's first-degree murder case for the past four years disqualified himself after revealing he received a "somewhat elaborate death threat" from the accused killer. State District Judge Lou Daniel, who has twice found Stampley competent to stand trial, ordered the case sent to the East Baton Rouge Parish Clerk of Court's Office for random allotment to another judge. Stampley's attorneys had filed a motion last month asking Daniel to recuse himself due to circumstances -- the death threat -- beyond his control. The East Baton Rouge Parish District Attorney's Office objected to Daniel's disqualification. "I think he did the right thing," Richard Goorley, one of Stampley's attorneys, said after Tuesday's hearing. "I regretted having to file the motion. We had absolutely no complaint about how he was handling the case." District Attorney Hillar Moore III put the blame squarely on Stampley, not on his attorneys or Daniel. "It's frustrating. Now we have to start all over again with a new judge. It delays justice," Moore said. "My concern is that this opens the door to other defendants who want to play the system," he added. "This is not a game being played by lawyers. This is a game being played behind lawyers' backs." Stampley, 23, of Baton Rouge, is charged with four counts of first-degree murder in the April 2007 slayings of Marie Pedescleaux, 80, and her daughter Denise, 46; and Charles "Chick" Colvin III and his wife, Ann Lynn Colvin, both 73. Prosecutors intend to seek the death penalty. In a March 24 motion to recuse Daniel, Stampley's attorneys said the judge revealed during a December status conference that he had received a threatening letter from an unidentified East Baton Rouge Parish Prison inmate. Daniel informed prosecutors and Stampley's attorneys at the conference that he told Sheriff's Office investigators only two inmates -- one being Stampley -- came to mind as potential suspects, the motion states. Daniel explained further Tuesday that he later became convinced the anonymous Aug. 27 letter came from Stampley. The judge said he was informed the handwriting on the envelope was "remarkably similar" to handwriting on other correspondence he had received from Stampley, and that fingerprints lifted from the envelope containing the threatening letter matched Stampley's prints. Daniel said he took precautions for several months for himself, his staff and neighbors. Stampley's attorneys argued in their motion that Daniel's recusal is appropriate because "an appearance of impropriety caused by factors over which this Court had no control, could render it unable to conduct a fair and impartial trial." The attorneys noted in the motion that Daniel has handled the case "fairly and impartially" and has not "exhibited bias, prejudice or personal interest in this case to such an extent that it would warrant recusal." "However, after much consideration and thought, counsel believe this Court has been placed in a position by circumstances beyond its control, that could make it difficult, if not impossible, to conduct a fair and impartial trial," the attorneys stated. Stampley spent more than a year at the state mental hospital following his April 2007 arrest. Since then, Daniel has twice found him competent to stand trial. Stampley does not have a trial date. The Pedescleauxs were found shot to death April 25, 2007, in their Crown Avenue home in Glen Oaks. The Colvins were discovered fatally shot in their Thibodeaux Avenue residence in Goodwood Estates two days later. Published: Thu, Apr 28, 2011