Академический Документы
Профессиональный Документы
Культура Документы
STATE OF GEORGIA
STATE *
*
v. * File No.
*
RICHARD JERRY McLEOD *
Defendant
__________________________________________________________________
Comes now, the Defendant, Richard Jerry McLeod, who hereby files this,
his Motion to Recuse and Disqualify the District Attorney Brad Shealy, AND
any and all members of his staff from any further participation in this case or any
1.
The District attorney and his staff have an obvious conflict of interest
Due to the fact that Defendant has filed a U.S.C. 42 1983 action against
Sheriff Dewey, his deputies, a City of Quitman police officer, all of the
And other parties. District Attorney Brad Shealy is being added to the
conflict. The Supreme Court has held that opposing counsel may
instant case.
2.
(e) exercise reasonable care to prevent persons who are under the
direct supervision of the prosecutor from making an extra
judicial statement that the prosecutor would be prohibited from
making under subsection (g) of this rule.
(g) except for statements that are necessary to inform the public
of the nature and extent of the prosecutors action and serve
a legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood
of heightening public condemnation of the accused.
[1] A prosecutor has the responsibility of a minister of justice and not simply that
of an advocate. This responsibility carries with it certain obligations to see that the
defendant is accorded procedural justice and that guilt is decided upon the basis of
sufficient evidence. .........
[5] Paragraph (g) supplements rule 3.6 : Trial Publicity, which prohibits
extrajudicial statements that may have a substantial likelihood of prejudicing
an adjudicatory proceeding. In the context of a criminal prosecution, a prosecutors
extrajudicial statement can cause the additional problem of increasing public
condemnation of the accused. Although the announcement of an indictment, for
example, will necessarily have severe consequences for the accused, a prosecutor
can and should avoid comments which have no legitimate law enforcement purpose
and have a substantial likelihood of increasing public opprobrium of the accused,
(A)
District Attorned Brad Shelly and Members of his staff violated
section (a) of the above rule by refusing to refrain from prosecuting the instant case
which they knew was not supported by probable cause. Any reasonable person,
upon examination of the warrant, the photographs taken by the Geogia Department
of Agriculture investigator, the official reports of the said inspector generated prior
to the execution of the defective warrant, and the seized evidence demonstrate a
Page 3 of 7
(B)
District Attorney Brad Shealy and his staff violated section (g) of the
County Georgia (Jerry McLeod v. Edward Williams et. al. Before that proceeding
even began Defendants attorney approached the bench and began an ex-parte
communication with the judge stating that he had talked with the District attorneys
office and had been advised that although McLeod had not been charged with any
crime, his case would be brought before the Brooks County Grand Jury in October
2016 for an indictment. This extrajudicial statement made with malice aforethought
by the district attorney and members of his staff was patently false and they knew it
was false. This false and prohibited extra judicial statement by the District Attorney
unfairly prejudiced the Judge and denied McLeod of his constitutional right to a fair
trial of his civil case which was filed against individuals possessing custody of the
seized dogs which are legal property of Richard Jerry McLeod. Intent of this
be preserved until a final adjudication is made of the case. Defendant has never been
Page 4 of 7
(D)
District Attorney Brad Shealy and his staff violated section (d) of rule 3.8 by
failing to supply a timely inventory of the items seized and have as yet failed to
supply a complete inventory of the items seized and disposition of same as provided
3.
or his staff can be expected to ignore the wishes of the Brooks County
T the time of this occurrence he was also involved in his election campaign and
needed the political support of these core county politicians, His budget is critically
loyalty to them and to cover for them in their erroneous and unlawful application of
The district attorney and his staff, upon discovery that the ordinance was fatally
flawed and had no application to the defendant declined to charge defendant for the
Page 5 of 7
alleged ordinance violation Instead; he proceeded to manufacture a charge of animal
These charges of animal cruelty made by The district attorney are nothing
more than a poorly disguised attempt to gain a tactical advantage in the Federal 1983
action. Such action is prohibited by law and the Judicial Canons. The District attorney
and his staff failed to file any of the misdemeanor charges within the ninety day
period in which misdemeanor charges are required to be filed, However; after the
defendant filed his federal 1983 action the DA then filed the instant charges (more
than eight months after the arrest) clearly for no other reason than to attempt to
legitimize the unlawful actions of the defendants in the previously filed 1983 action.
The Court should not allow this prosecutor who is so entwined with the
defendants in the federal 1983 case to use the instant case to gain a tactical advantage
For the foregoing reasons Defendant requests that this Court issue an Order
that District Attorney Brad Shealy and his entire staff is recused and disqualified
Respectfully Submitted.
Page 6 of 7
___________________
Richard Jerry McLeod Pro Se
1675 Liberty Church Road
Boston, Georgia 31626
Certification
I hereby certify that I have this day January 3, 2017 provide counsel for the
State with a copy of the foregoing.
_____________________________
Richard Jerry McLeod
Page 7 of 7