The Garden City Telegram
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Request for new judge in case denied
Published 6/14/2008 in News : Area coverage
By RACHEL DAVIS
rdavis@gctelegram.com
A motion for a new judge in the Stanton County murder case of husband and wife Chad and Shannon Floyd was denied Friday.
The Floyds have been tried twice on charges that they killed Stanton County resident Michael Golub, with each ending in hung juries.
The Floyds' defense attorneys, Kurt Kerns and Dan Monnat, requested Friday's hearing, though no reason was given as grounds to have District Judge Jack Lively removed because state law does not require it. Lively was brought in from Coffeyville to hear both trials because Stanton County District Nells Noel recused himself.
At Friday's hearing, Lively refused to step down from the case, said co-prosecutor Barry Disney of the Kansas Attorney General's Office.
Disney said he could not comment on the reasons given for the motion because the hearing was off the record and not public.
Disney said if the defense chooses to pursue the motion, then an affidavit, stating the reasons for the removal, must be filed with the 26th Judicial District's administrative judge, Chief Judge Tom Smith of Hugoton, no later than June 20.
State law allows the filing of a motion to change a judge if a party involved believes a judge cannot provide a fair trial either because of conflicts of interest or personal bias.
Disney said if the administrative judge upholds Lively's decision, the defense does not have any other recourse to dispute the motion.
He said if the Floyds were convicted, the defense could chose to file an appeal based on the denial of the change in judge motion.
Kerns and Monnat could not be reached for comment. Lively also was not available for comment.
The Floyds are accused of first-degree murder and conspiracy to commit first-degree murder in connection with the disappearance of Golub in May 2005. Golub's body has never been found.
The couple's previous trials were in July 2007 and in April.
Richard Guinn, lead prosecutor for the case through the Kansas Attorney General's Office, has said he is prepared to move forward with a third trial.
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