Saturday, January 8, 2011

Third Judge Recusal in Lawyer Theft Case

A Stoddard County judge's motion filed Wednesday recusing himself from presiding over Joe T. Buerkle's felony stealing case has postponed the former lawyer's sentencing, which was set for Monday in Bloomfield, Mo.

Buerkle, 67, who pleaded guilty to the felony charges in August, stole $325,000 from a trust fund account he was managing. The trust was opened for Donald Thomasson, who died in 2002.

Associate Circuit Court Judge Stephen R. Mitchell -- appointed to the case in January 2010 -- said he announced his decision in court and filed a written disqualification recusing himself in the case.

Since charges were filed against Buerkle in December 2009 by Cape Girardeau County Prosecuting Attorney Morley Swingle, Mitchell is the third judge to recuse himself from the case. He declined to comment on his action.

"It just would be inappropriate for me to make any remarks on it," Mitchell said.

Buerkle's attorney, Stephen Wilson, whose law office is in Cape Girardeau, also declined to comment on Mitchell's recusal. The case has been sent to the Missouri Supreme Court for the assignment of a new judge.

Full Article and Source:
Stoddard County Judge Recuses Self in Lawyer's Felony Theft Case

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