Lockhart's attorney could appeal judge's decision

Lee County Circuit Judge Jacob A. Walker III addresses defendant Courtney Lockhart and his defense attorneys after hearing a defense request that he recuse himself from the case, during a Sept. 3 status hearing.

By: Katie Stallcup Staff writer | Opelika Auburn News
Published: September 09, 2008

All proceedings in the murder case against Courtney L. Lockhart have been postponed until the state appeals court rules whether or not to appoint another judge to the case.

The Lee County judge presiding over Lockhart’s case refused to recuse, or remove, himself from the case in an order released Monday.

Jeremy Armstrong, attorney for Lockhart, requested in a status hearing Wednesday that Judge Jacob A. Walker III recuse himself and all Lee County judges on the basis of possible appearance of partiality.

Armstrong said Wednesday if Walker denied his motion, he would ask the Alabama Court of Criminal Appeals to appoint a different judge to preside over the case. In the order released Monday, Walker suspended all proceedings in the case until the appeals court made a decision.

Armstrong said that Walker did not preface his reading of the charges at Lockhart’s initial hearing with a statement that they were not to be considered evidence.

In his order, Walker said he read the statute verbatim and used the words “probable cause” three separate times. Walker also filed a copy of the transcript of that first hearing with his order.

“There is no reason to believe that any person would reasonably question the impartiality of the Court in this case based on the reading of the warrants in an initial appearance hearing,” Walker says in the order.

At Wednesday’s status hearing, Armstrong also said Lee County judges could have connections with Auburn University, where the victim was a student. That might cause an appearance of impropriety, he said.

Walker responded that he was not a graduate of AU, nor did he, nor any of his family members, work for the university.

Lockhart, 23, of Smiths Station, is charged with the March 4 murder of Auburn freshman Lauren Burk. He is charged with capital murder during a kidnapping, capital murder during a robbery and capital murder during an attempted rape.

A gag order is in place for all those involved in the case, and Walker has ordered the case file sealed.