Dave Biscobing is ABC15’s Chief Investigative Reporter.
PHOENIX — Following years of judicial misconduct and other serious allegations exposed in an ABC15 investigation, Maricopa County’s top judge has disqualified his entire bench from hearing a post-conviction relief challenge in a first-degree murder case.
The post-conviction relief challenge and request for reassignment was made by attorneys for Victor Ted Hernandez, who was convicted of murder in late 2019.During that case and many others, the judge and her staff repeatedly mocked and ridiculed people in court through emails and memes.“It was a very solid legal ruling and analysis,” said Amy Armstrong, who directs the Arizona Capital Representation Project. “The potential for bias was just too high and was intolerable.
Welty’s order includes multiple pages of information laying out sustained misconduct and other allegations against Otis. The motion argues that the “factual assertions and accusations” included in Welty’s order “are not sufficiently supported or fail to provide a complete account of the relevant events.”Several attorneys said they believe the court’s order and MCAO’s challenge will finally put greater scrutiny on the scandal, which they believe the legal system has previously tried to minimize and ignore.
“Including a witness who said that Otis told her she was trying to befriend him at the same time she was trying to put him to death,” Clark said. “And said, isn’t that funny… the Bar had that information, and they didn’t even talk to that lawyer.”
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