During what was supposed to be Marlow’s and two of her associates' arraignment hearing, Cherokee Chief Superior Court Judge Jackson Harris said he was unable to hear the case because his wife is a teacher in the school district.
Marlow, her political advisor Robert Trim and Cherokee GOP Secretary Barbara Knowles were scheduled to be arraigned Thursday on multiple felony counts each of making false statements, which allegedly accused Cherokee superintendent Dr. Frank Petruzielo of attempting to run them over with his car after a school board meeting.
Marlow was expected to plead not guilty on the charges, and Harris was also to consider a request to throw out Marlow’s indictment on the charges during the hearing.
But none of the defendants were arraigned and Marlow’s request wasn’t heard due to Harris' recusal.
Harris said because the alleged victim in the case is his wife’s boss and one of the defendants is his wife’s superior, the right thing to do would be for him to pass the case onto another judge.
“It wouldn’t be right for me to hear this case,” he said.
Judge Ellen McElyea has been reassigned the case, but she told reporters after the hearing that she was unsure of when the case would move forward.
McElyea added that she wasn’t even yet sure if she would keep the case or reassign it herself.