Lockhart’s attorney asks judge to remove himself from murder case

Lockhart’s attorney asks judge to remove himself from murder case

Katie Stallcup
Staff writer

Courtney L. Lockhart’s attorney asked the presiding judge to recuse himself, or remove himself from presiding over the case, in a status hearing Wednesday afternoon.

Lockhart appeared in court in a white jail uniform and handcuffs. Defense attorney Jeremy Armstrong asked the handcuffs be removed before the hearing began, and the judge agreed.

Armstrong asked Judge Jacob Walker to recuse himself on the basis of possible appearance of impropriety. Armstrong said Walker did not preface the reading of the charges in March with a statement that they were only allegations.

Walker looked through a transcript of the March hearing and said it was clear the charges were allegations, not evidence.

Armstrong also suggested that any connection with Auburn University would also make a judge appear partial.

Walker said neither he nor any of his family members worked for the university, nor was he even a graduate of Auburn.

Armstrong also moved that the case not go to any Lee County judge because of possible connections to the university.

District Attorney Nick Abbett said the university was not a party in the case and called the argument “ridiculous.”

“We all have ties to people in Lee County,” Abbett said. “…The state sees no reason for the court to recuse (itself) in this case.”

Armstrong said the case’s ties to the university — a university student was murdered — were relevant.

“This is not your usual run-of-the-mill case,” he said.

Walker said he would look further into the motion to recuse and would issue an order at a later date.

Lockhart, 23, of Smiths Station, is charged with the March 4 murder of Auburn University freshman Lauren Burk. He is also charged with a robbery in Russell County on Feb. 29.

Walker did not set a date for another hearing, and he has ordered the case file sealed.