Muscogee County judge denies motion for voluntary recusal in 'St - WTVM.com-Columbus, GA News Weather & Sports

Muscogee County judge denies motion for voluntary recusal in 'Stocking Strangler' case

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COLUMBUS, GA (WTVM) -

Muscogee County Superior Court Judge Frank Jordan Jr. has denied the motion of the Georgia Attorney General's office for him to voluntarily recuse himself in the case of notorious "Stocking Strangler" Carlton Gary.

The recusal request was based on the grounds that Jordan possessed a copy of a book about the crimes entitled The Big Eddy Club in his office.

In an official order, Jordan says the motion for his recusal is untimely and based on hearsay.

"The party seeking recusal must file the motion no later than five days after the party learns of the alleged grounds for recusal," says Jordan.

He adds, "The motion was filed over three years after the case was reassigned from Judge Johnston, and the Attorney General's office has been privy to these proceedings for the entirety of this Court's involvement."

Jordan adds that the grounds for the affidavit are legally insufficient. "While the affiant states that the affidavit is made upon her personal knowledge, the grounds for recusal are based entirely upon hearsay."

Gary has been convicted in three of seven brutal rapes and strangling that terrorized Columbus, Ga. in 1977 and 1978. A hearing on his request for a new trial is scheduled for early next month.

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