Why the delay in closing arguments in the William Husel trial? What we now know
When the defense team for former Mount Carmel Health doctor William Husel surprisingly announced March 31 it was resting its case in his trial on 14 counts of murder after calling only one witness, Franklin County Common Pleas Court Judge Michael Holbrook set closing arguments for Monday.
But on Monday, it was announced that closing arguments were being delayed until Tuesday while "legal matters" were being worked out. The start of closing arguments has since been rescheduled three more times without further explanation, prompting questions from the families of the 14 patients whom Husel is accused of killing with large doses of fentanyl and other painkillers.
The arguments are now set for this coming Monday, and The Dispatch has learned that the primary cause of the delay has been an attempt by Husel's lawyers to have Judge Holbrook removed from the trial.
According to sources, defense attorney Jose Baez filed an affidavit of disqualification, asking the Chief Justice of the Ohio Supreme Court to remove Judge Holbrook from the case.
What an affidavit of disqualification means to Ohio law and legal experts
Ohio law and legal experts say such a filing typically alleges that a judge has a bias or prejudice for or against an involved party, including an attorney; has a personal or business interest in a proceeding; or is otherwise disqualified to preside.
The Ohio Supreme Court confirmed that such an affidavit was recently filed, but would not confirm by whom or which judge.
Husel trial updates: Closing arguments rescheduled a fourth time -- no new explanation given
The motion to disqualify was filed Tuesday, and The Dispatch has been told that Chief Justice Maureen O'Connor ruled to deny it on Wednesday. Shortly before 8 p.m. Wednesday, Holbrook's office announced closing arguments would be held Monday.
Lyn Tolan, a spokeswoman for the Ohio Supreme Court, would only say that the filing was under seal and that she couldn't answer other questions about it.
The disqualification complaint included a reference to Holbrook's comments to the media after the defense rested its case, in which he called the move a "tactical decision" that caught him off-guard, sources told The Dispatch.
Holbrook declined comment on the matter.
Baez and Menashe did not immediately return calls Thursday for comment.
Janet Grubb, Franklin County first assistant prosecutor for criminal cases and a member of the prosecution team in the Husel case, declined comment.
Husel trial jurors await trial resumption
In the meantime, jurors have been waiting for the trial to resume. They have been repeatedly warned by Holbrook at the end of each day of court activity that they are not to read or watch any media accounts about the trial that could result in a mistrial.
The disqualification affidavit is a rare move, and the delay has likely had jurors, loved ones of the victim-patients, and attorneys and other legal observers wondering what's going on.
"Some families have had questions, like what's going on," said attorney Craig Tuttle, whose law firm Leeseberg Tuttle is representing more than half of the patients' relatives or guardians in civil cases against Husel and Mount Carmel Health System. "We tell them, 'We don't know. We're finding out at the same time you are.'
"None of our clients have any interest in a mistrial," Tuttle said. "They're eager to see this case brought to a conclusion. Obviously a conviction helps our clients."
When an affidavit to remove or replace a judge is filed, judges aren't permitted to work on trial matters, according to the Ohio Revised Code and experts who spoke to The Dispatch.
"You're supposed to put your pencil down and not do anything," said Franklin County Common Pleas Court Judge Richard Frye, who has had three such disqualification filings against him filed against him in his 18 years on the bench — all rejected by a Supreme Court justice.
"In general, the disqualification process is used very carefully by the chief justice so that they don't let disgruntled litigants disrupt court processes or take public and cheap shots at judges," Frye said.
Former Ohio Supreme Court Justice Paul E. Pfeifer said that most filings to disqualify judges are submitted prior to the start of trial, calling it "extremely unusual" to file during or after a trial.
Pfeifer is executive director of the Ohio Judicial Conference, a state agency that advocates for all Ohio judges.
Baez and another attorney on Husel's defense team, Diane Menashe, have both expressed concerns about Holbrook's objectivity during the trial.
In one instance in court, Holbrook's facial expressions were brought up. Holbrook has said in court that he has tried to be fair to both sides.
dnarciso@dispatch.com
@DeanNarciso
This article originally appeared on The Columbus Dispatch: Husel trial delayed due to defense attempt to remove Judge Holbrook
