Judge holds C-Murder Trial Open

Judge Martha Sassone turns to the Judiciary Commission.
The Times-Picayune: New Orleans

Saying she wanted to avoid an appearance of impropriety, the judge presiding over rapper Corey "C-Murder" Miller's murder case deferred a decision on whether to postpone the trial and referred the matter to the state Judiciary Commission, a panel that investigates judicial wrong-doing.

Judge Martha Sassone of the 24th Judicial District read a prepared statement from the bench late this morning, after hearing Miller's attorney Ron Rakosky argue that the trial should be postponed until after the Nov. 4 runoff on grounds that his client's case has become a campaign issue in Sassone's re-election bid.

Assistant District Attorney David Wolff, who is prosecuting Miller, said he had no position on Rakosky's request.

The Judiciary Commission is the state Supreme Court's investigative arm. Sassone held Miller's trial open until she hears from the commission.

Sassone's challenger, Ellen Kovach, has criticized Sassone for her rulings in the Miller case. On the bench this morning, Sassone quoted sections of the judicial canon that prohibit judges and judicial candidates from commenting on pending cases.

Sassone did not mention Kovach.

Jury selection had been set to begin today in Miller's case. He is charged with second-degree murder in the Jan. 12, 2002, death of Steve Thomas, 16, who was shot during a brawl inside the now-closed Platinum Club in Harvey.

If convicted as charged, Miller, 37, would spend the rest of his life in prison.

Rakosky on Friday filed papers in court, asking to postpone the trial until after the Nov. 4 runoff. He argued that Kovach's campaign material that mentions Miller's case could taint potential jurors.

He also subpoenaed Kovach's campaign materials that directly or indirectly mention Miller's case. Kovach did not appear in court, but campaign materials were turned over to the court this morning.

Sassone also said that the trial has been postponed in the past, in part because of changes in prosecutors and that prosecutors and the defense have asked for continuances. The case record shows she granted four continuances since March 2003, when the state Supreme Court upheld her decision to give Miller a new trial.

On Saturday, Kovach's campaign released a statement criticizing Sassone for not bringing Miller's case to trial sooner. Kovach's campaign could not be immediately reached for comment.

Lawyer Wiley Beevers, a Sassone supporter who was in her courtroom this morning, said the judge has the duty to refer to the Judiciary Commission any breach of ethics, whether by a judge or a judicial candidate.

Sassone referred the matter to the same commission that last year recommended she be suspended from the bench for 60 days for making improper rulings in four criminal cases and for judicial intemperance.