The Alabama Supreme Court on Friday temporarily paused the murder trial of a white police officer accused of killing a black man as it considers a defense request to remove the judge because of a social media post in which the judge complained about being racially profiled by police.
Justices issued a temporary stay on all proceedings in the murder case for Montgomery Police Officer Aaron Smith in the 2016 shooting death of 58-year-old Greg Gunn.
The trial was scheduled to being in October, but justices asked for briefs to be filed quickly.
The defense is seeking the recusal of Montgomery County Circuit Judge Greg Griffin because of a past Facebook post in which Griffin complained about being stopped by police because he is black.
Justices issued a temporary stay on all proceedings in the murder case for Montgomery Police Officer Aaron Smith (left in arrest photo) in the 2016 shooting death of 58-year-old Greg Gunn (right)
The Alabama Supreme Court on Friday temporarily paused the murder trial as it considers a defense request to remove Judge Greg Griffin (above) because of a social media post in which the judge complained about being racially profiled by police
The defense appealed after Griffin declined to step aside following a contentious hearing.
Smith was charged with murder after the white officer stopped Gunn who was walking late at night.
Friends said Gunn was walking home from a weekly card game and was shot near the home he shared with his mother.
The defense has said Smith stopped Gunn because he thought he was acting suspiciously and that Gunn fought with the officer and swung something at him.
In a Facebook post before he was assigned the case, the judge wrote that he had been stopped during his morning walk by officers who claimed he matched the description of someone who had been reported in the area with a crowbar (above)
In a Facebook post before he was assigned the case, the judge wrote that he had been stopped during his morning walk by officers who claimed he matched the description of someone who had been reported in the area with a crowbar.
‘… I told the officer that the thing in my hand was clearly not a crowbar and walking with a crowbar is not illegal,’ a portion of the post reads.
‘The officer said no it isn’t, but when they get these type calls they have to check things out. I soon told them that I was a Circuit Judge and showed them my badge identifying me as such.
Smith’s (above center) trial was scheduled to being in October, but justices asked for briefs to be filed quickly
‘Throughout the ordeal the officers were courteous; however, it was aggravating to be detained when the only thing I was guilty of was being a black man walking down the street in his neighborhood with a stick in his hand who just happened to be a Montgomery County Circuit Judge in Montgomery, Alabama….’
Griffin wrote that he showed them his judicial badge.
Defense attorney Roianne Conner argued in a May hearing that she wasn’t claiming that Griffin was biased, only that judicial ethics rules require judges to avoid even ‘appearances of impropriety.’
A hearing concerning Griffin’s potential recusal will be held Thursday at 9am.