Judge recuses self of ‘further involvement’ in Lindsey Whiteside case
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MEMPHIS, Tenn. (WMC) – The judge in the case of a former Desoto County Schools assistant basketball coach and former youth pastor convicted of sex crimes against a child has recused himself from the case.
Oxford, Mississippi Judge Andrew Howorth filed a motion in Desoto County Circuit Court on Tuesday stating he’s stepping down from a case involving Lindsey Whiteside.
The judge explains in the motion, after the sentencing hearing on October 13, the case gained a lot of media attention including a press conferences and public statements made by DeSoto County District Attorney Matthew Barton. The judge believes Barton’s portrayal of information in the case has been “selective and decidedly unnuanced.”
The document also mentions that Barton criticized the court’s sentence, implying it was too lenient or “illegal.” However, the judge points out that Barton’s office has previously recommended illegal, overly lenient sentences in other sex offender cases.
Howorth sentenced Whiteside to three years of house arrest and seven years of probation. She must also register as a sex offender.
Judge Howorth noted in the motion that even though judges shouldn’t recuse themselves just because a prosecutor criticizes them, the judge in this specific case feels that public sentiment has reached a point where their fairness and impartiality are being questioned and will continue to be questioned.
Judge Howorth is voluntarily stepping down from this case and any other cases prosecuted by Matthew Barton or his office in DeSoto County. The Mississippi Supreme Court will be notified to appoint a new judge for the Whiteside case.
On October 14, Barton called for DeSoto County School Board member Michele Henley to resign over support of Lindsey Whiteside. Character references were written by nine teachers and one vice principal in the Desoto County School District.
The grandmother of the victim, Pam Pegram said in a press conference on October 16 “We just expect her [Henley] to hold herself to a higher standard of responsibility as an elected official.”
Barton says Henley’s letter of support for Whiteside, which may have led to the lighter sentence, “sends the wrong message to victims, parents, and every child who looks to adults for protection.”
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