Local judge recused in case
Published 12:00 am Tuesday, September 19, 2006
Vidalia &8212; Judge Kathy Johnson ruled on Friday that District Attorney John Johnson and Concordia Parish judge Leo Boothe would not be allowed to try former sheriff candidate James Whittington on stalking and theft charges.
The Attorney General will prosecute Whittington instead.
Johnson made her ruling on the grounds that she believed that the history between Judge Boothe, Sheriff Randy Maxwell and the District Attorney John Johnson was such, that it could give the impression that neither the DA nor the judge could be impartial.
Whittington, 37, 170 Crestview Drive, Ferriday, was charged with stalking the daughter of a deputy sheriff, and theft around the same time he was running for sheriff in November 2003, Maxwell said.
&8220;Just because you run for sheriff doesn&8217;t give you the right to commit a crime,&8221; Maxwell said.
At the hearing, Whittington said while he was placed in the Concordia Parish jail, on lock-down for 37 days, Maxwell came to the jail one night and told him if he withdrew from the sheriff&8217;s race, Maxwell would release him.
&8220;He is an absolute, total, liar,&8221; Maxwell said in response to Whittington&8217;s testimony.
&8220;I don&8217;t have the power to drop charges or release anyone from prison. The only power I have is to arrest someone.&8221;
On the stand, Whittington also said, one night while helping Judge Boothe with some car troubles, Whittington asked why the judge why he had handled the trial the way he did.
&8220;Judge Boothe told me he was being pressured by the DA and the sheriff, and that if I ever came before him again that he would owe me one,&8221; Whittington said.
Boothe was not present at the hearing to testify.