Judge may suspend rape case, prosecutor wants to take action against it

NEW ORLEANS (WVUE) – An Orleans Parish criminal judge is allowed to continue prosecuting a rape case after prosecutors said he acted inappropriately and with bias.

On Thursday afternoon, Judge Kimya Holmes ruled that Judge Ben Willard can remain in custody on a first-degree rape case. Holmes listened to testimony from the prosecution, defense and an NOPD officer. Holmes also reviewed transcripts obtained by Judge Willard's court reporter.

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On Wednesday, prosecutors filed a motion asking Willard to recuse himself from a first-degree rape case because of alleged inappropriate conduct. In that motion, prosecutors allege that a male juror made inappropriate comments to a female prosecutor's office employee this week, but Willard told the employee, “Don't come back. You're a distraction.”

It is not clear whether Willard excluded the male juror.

On Wednesday morning, First Assistant District Attorney Ned McGowan, who is not prosecuting the rape case, went to court to argue Willard's motion to disqualify.

Willard initially refused to discuss the motion at that time. Eventually, McGowan called the judge a “coward.” Willard then stood up, walked toward McGowan, and ordered officers to escort McGowan and another DA staffer out of the courtroom. Willard ultimately denied the motion.

On Thursday afternoon, Holmes said she was concerned that the prosecution's written affidavits were not 100% accurate. Holmes believes all parties need to show more respect and a higher level of decency in court.

An assistant district attorney who argued the motion to dismiss declined to comment and left court Thursday.

A spokesman for the prosecutor's office said: “We disagree with the court's decision to deny our motion to recusal the judge on the grounds of bias. We believe this decision compromises the fairness of the proceedings and we will immediately seek review in the Fourth Circuit Court of Appeals to ensure justice is done.”

Defense attorney Lionel Lon Burns said: “The judge is the person who calls the shots in the courtroom. Not the defense attorney, not the prosecutor. The judge is the person who calls the shots.”

The first-degree rape case is expected to be resumed on Friday.

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