A fourth Gwinnett judge has recused himself from deciding whether there is any evidence that District Attorney Danny Porter and Superior Court Judge Karen Beyers improperly colluded to bring a convicted child molester to trial.
Edward Eliot Kramer, co-founder of DragonCon, the annual sci-fi and fantasy convention in Atlanta, wants to the court to scrap a plea bargain he entered last year, contending it is a product of prosecutorial and judicial misconduct.
Kramer received 36 months of house arrest and a lifetime probation for molesting three boys ages 13 to 15, more than 14 years ago.
Superior Court Judge Warren Davis recused himself Thursday, said Angela Woodruff, who coordinates the judge’s court cases. She was not certain what reason Davis — who was unavailable for comment — gave for stepping aside.
Davis’ recusal means a third of the Gwinnett judicial bench has declared itself unqualified to hear the case, bringing Kramer and his attorney Stephen Reba closer to their stated goal of disqualifying the bench in favor of an outside judge.
Attempts to reach Reba for comment immediately were unsuccessful.
Earlier on Thursday, Superior Court Judge Tom Davis told The Atlanta Journal-Constitution he removed himself from hearing the case because he had formerly been a chief assistant district attorney for Porter.
“And I’ve been on the bench for almost nine years — this case is that old,” Davis said. “I know things that the judge on the case should not know.”
Kramer, 53, may have feared last year’s plea could ultimately work against him; Porter had continued to pursue him for any perceived violations that could put him in prison for the entire 60-year sentence. In July, Porter said he was investigating whether Kramer had violated the plea agreement — and was therefore at risk of serving the entire sentence — by having contact with a 14-year-old girl in Australia via Twitter. No resolution was announced but Porter acknowledged then he had few facts in the case.
Last month, Beyers recused herself shortly after she denied Kramer’s demand to set aside the plea deal.
Tom Davis and Superior Court Judge Ronnie Batchelor dropped out of contention just before Thanksgiving. Batchelor has not given the AJC a reason for stepping aside from the case. Porter also recused himself because he will be called as a witness.
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