LEGAL INTELLIGENCER: …In an omnibus pretrial motion filed Friday, ahead of her Aug. 8 trial date, Kane said the entire Montgomery County Court of Common Pleas bench should be recused from hearing her case on perjury and obstruction charges because three of the judges have a “close connection” to her investigation and prosecution. She also said the evidence and testimony gathered by the investigating grand jury that recommended she be charged should be suppressed because the proceedings were unlawful and unconstitutional. Doing so would support all charges against her being tossed, she said in the motion.
Kane said an out-of-county judge should be appointed in the case because of the appearance of impropriety created by the involvement of Judges William Carpenter, Carolyn Carluccio and Risa Vetri Ferman. Carpenter was supervising judge of the grand jury that recommended charges; Carluccio’s husband, Thomas Carluccio, was the grand jury’s special prosecutor, appointed by Carpenter; and Ferman, as then-Montgomery County district attorney, reviewed the grand jury proceedings and made the decision to bring charges…
“Under the circumstances, there could be no public faith in a fair and impartial outcome should one of their colleagues preside over these proceedings,” the motion said… (more)
