LAKE CHARLES, La. (KPLC) - An appeals court has upheld the removal of a judge in a Calcasieu homicide case.
Judge Michael Canaday was recused from the homicide case of Dennis Jerome Bartie by fellow state district court Judge Clayton Davis.
Bartie is charged with second-degree murder in the 1998 death of Rose Born, found stabbed to death in her doughnut shop. Her death was considered a cold case until Bartie was arrested in 2016.
Prosecutors asked the Third Circuit Court of Appeal to reconsider Davis’ ruling, but the appeals court denied the request this week.
“This court finds that a comparison of the facts of this case to the actions expected of a reasonable, average judge reveals an appearance of bias or prejudice against Defendant or in favor of the prosecution that gives rise to a probability of, risk of, or potential for bias too high to be constitutionally tolerable. Therefore, the trial court’s February 18, 2020, ruling recusing Judge Canaday from the instant case does not constitute an abuse of discretion.”
Davis is now presiding over the case.