CL - Attorneys spar over recusal in Minor case

In December, a three-judge panel of 5th U.S. Circuit Court of Appeals threw out the bribery convictions of Minor, Teel and former Harrison County Circuit Judge John Whitfield, citing a lack of federal jurisdiction.

The men could be sentenced again on the remaining charges, but Teel wants out of jail until that sentencing.

"Throughout this case, it has gone back and forth whether the local U.S. attorney's office has recused itself, but they keep popping up," Teel's attorney, Assistant Federal Public Defender George Lucas, said Tuesday. "It appears their perception of a recusal is different than mine."

But interim U.S. Attorney Don Burkhalter of the Southern District said his office is indeed recused from the case, with the exception of two attorneys. He said Morgan and Dave Fulcher are working with the Department of Justice on court filings in the trio's appeal, but he is not involved.

"You don't see my signature on the motion," Burkhalter said.

Clarion-Ledger
2/11/10