The Herald Bulletin

Morning Update

Cops, courts and fires

May 13, 2009

Spencer denies request for new judge

Lawyer asked judge to remove himself because of complaint

ANDERSON — A Madison County judge has denied a defense attorney’s request for a new judge despite the lawyer having filed a complaint against the judge with Indiana Commission of Judicial Qualifications.

Anderson attorney Jeff Lockwood filed the complaint in August 2008, alleging misconduct against Circuit Court Judge Fredrick Spencer.

Lockwood alleged Spencer committed wrongdoing by inappropriately talking with attorneys out of the presence of opposing counsel, deciding issues too quickly and on the basis of “improper communications,” and trying to take away a defendant’s right to appeal.

The complaint stemmed from the case of Kathy Jo Ward, who was convicted of voluntary manslaughter in June 2007 for shooting to death her husband. The charge is punishable by 20 to 50 years in prison. Lockwood and Bryan Williams of Anderson were Ward’s defense attorneys. Spencer sentenced Ward, who did not have a criminal history, to 30 years in prison, but later told Williams that he would modify the sentence to 20 years if Ward waived her right to appeal.

“He told Mr. Williams that because the (victim) was a black man killed by a white woman, he intended to impose the advisory sentence of 30 years so that the (victim’s) family members from Chicago would not be upset with the leniency of his sentence,” Lockwood writes in the complaint.

Lockwood filed a motion in April asking Spencer to recuse himself in the case of Ronald Terhune, 68, an Anderson resident charged in Circuit Court with multiple counts of child molestation. Lockwood argued in the motion that Spencer could not be impartial because of the complaint Lockwood filed against him. On Thursday, Lockwood filed the same motion on the same grounds in the case of Melissa Hazelwood, 40, a Grant County woman charged with embezzling money from an Elwood factory.

On Friday, Spencer denied both requests, saying in court documents that he “cannot think of any reason that the court is in any way not impartial.”

Spencer did not hold a hearing before deciding not to recuse himself in the cases. He said Lockwood did not request one.

Lockwood said Tuesday that he will file a motion in the coming days asking the judge to reconsider and to hold a hearing.

Spencer said he isn’t biased against Terhune or Hazelwood and doesn’t know either defendant. He declined to directly say if he is biased against Lockwood, however.

“Maybe we should talk about that at the hearing,” Spencer said. “I just don’t have anything to say.”

The defense attorney said the judge is biased against him because of the complaint under investigation by the judicial qualifications commission.

“I think it’s a little hard to believe he wouldn’t hold a little bias,” Lockwood said.

“The stakes are now for him very high,” the attorney continued. “At the very least he’s going to have to defend himself. I’m confident once he holds a hearing, he’ll change his mind.”



Contact Shawn McGrath: 640-4883, shawn.mcgrath @heraldbulletin.com

Text Only
Cops, courts and fires
  • Arrest Log: Feb. 12

    Arrests made by Madison County law enforcement on Friday and Saturday, based on Madison County Jail records. Charges are recommended by arresting officers but are not final until the Madison County prosecutor reviews the case and files official charges.

    February 11, 2012

  • Indiana judge dismisses charges against ex-Pitt coach

    An Indiana judge has dismissed a domestic battery charge against former Notre Dame offensive coordinator Michael Haywood, who served briefly as Pittsburgh's head football coach before the case led to his firing.

    February 11, 2012

  • Man sentenced to 40 years for sex with teen

    A man convicted of having a sexual relationship with a minor was sentenced Monday to 40 years in prison.

    February 10, 2012

  • Brother allegedly stabs brother in Elwood

    Another brother-on-brother stabbing occurred in Elwood Thursday, according to Elwood Police Department Chief Sam Hanna.

    February 10, 2012

  • Arrest log: Feb. 11

    Arrests made by Madison County law enforcement on Wednesday through Friday, based on jail records.

    February 10, 2012

  • Police: Man stabbed by brother

    Police responded to the report of a stabbing early Thursday morning.

    February 9, 2012

  • Arrest log: Feb. 9

    Arrests made by Madison County law enforcement on Wednesday and Thursday, based on Madison County Jail records. Charges are recommended by arresting officers, but are not final until the Madison County Prosecutor reviews the case and files official charges.

    February 9, 2012

  • Police report human remains in Grant County

    Human remains were uncovered by police Thursday morning in Grant County.

    February 9, 2012

  • 0208 news robbery suspect.jpg Anderson bank robbery case turned over to FBI

    An investigation into the robbery of an Anderson bank Tuesday was officially turned over to the FBI on Wednesday.

    February 9, 2012 1 Photo

  • Police: Woman set house fire, blocked exit

    Police arrested a woman late Tuesday night in connection with a Saturday home fire.

    February 8, 2012

Photographers’ pick
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com