Judge recuses himself from Tait Purk murder retrial in Tama County

CEDAR RAPIDS - In another twist of events leading up to a Tama County murder retrial, 6th Judicial District Judge Mitchell Turner said Wednesday he is recusing himself after a prosecutor requested he do so, saying the judge is 'biased and prejudiced” against key witnesses in the case.

Turner, who was in a Linn County courtroom during a telephone status conference call, questioned Tama County Attorney Brent Heeren on how Heeren perceived the judge showed 'personal bias and prejudice” in his August ruling that overturned a jury's guilty verdict in the first-degree murder trial of Tait Purk. Turner became stern and seemed upset at times during the call.

An Iowa County jury found Purk, 50, guilty in May of first-degree murder in the death of his former fiancee Cora Okonski, 23, on April 16, 2000. Turner, in his August ruling, granted Purk a new trial.

Purk, who remains jailed, has waived his right to a jury trial the second time around, meaning he will have a bench trial before a judge who will decide his fate.

Heeren, on the call from his Tama County office, seemed taken aback and said he thought the judge would set a hearing on his motion. He didn't expect to make an argument Wednesday.

Scott Hunter, Purk's lawyer also on the call from Tama County, asked Turner for some time to prepare a response to Heeren's recusal motion.

Turner denied Hunter's request and told Heeren there wouldn't be a separate hearing. Turner then asked Heeren to explain in what way he felt the judge abused his discretion.

Heeren said the issue is the 'appearance of impropriety ... your view of the witnesses.”

Turner, in his August ruling, said the three key witnesses who testified at Purk's first trial were not credible.

Turner then said his concern is that Heeren wrote a 54-page appeal and an appeal should only be one page. He then pointed out the Iowa Attorney General dismissed the appeal before briefs were done, so nobody thought he abused his discretion. There are things in the appeal that are outside the record and 'I can't respond to those things,” Turner said, adding

he also is bothered by Heeren 're-stiring the pot” and trying this case in the press with 'inappropriate” filings.

'There has to be personal bias or prejudice,” Turner said. 'An actual prejudice must be shown” (for a recusal).

Heeren said Turner had already made his decision on the state's witnesses and asked 'how would that not be impropriety?”

'That's not what you said (in the motion),” Turner replied.

Turner then said he never declined to recuse himself. He would recuse himself.

Assistant Attorney General Laura Roan, also in Tama with Heeren, wanted to clarify that the prosecution didn't try this case in the press. The foreman of the jury sent an email to her office and the office referred him to the Iowa Department of Criminal Division which interviewed him. The foreman also spoke to The Gazette, she added.

The three jurors interviewed by The Gazette said they were 'confused and perplexed” by the judge tossing out their verdict, which is rare. They found witnesses credible and stood by their guilty verdict.

Roan also said she had concerns that Turner spoke to the jury after the verdict because he discussed evidence with them, including bringing up a man, James Lambert, the father of Okonski's child, who Turner implicated as a suspect in his August ruling but who never was a suspect in this case.

Turner said every judge talks to the jury after a case and he has always done it. He said the jurors asked about witnesses and he acknowledged asking them what they thought about Lambert. He said he wasn't questioning their verdict.

Ben Macumber, jury foreman, told DCI investigators he didn't understand why the judge brought up Lambert, according to a transcript of the interview included in Heeren's appeal of Turner's ruling. He said none of the jurors discussed Lambert during deliberations because they didn't consider him a suspect.

Turner said again he was going to 'voluntarily” recuse himself. He said he made 'credibility findings” in his ruling. He could set those aside but he went ahead and talked to Chief Judge Patrick Grady last week about recusing himself.

Grady will decide what judge will preside over Purk's retrial, Turner said. Any outstanding issues, including setting a final pretrial hearing will be up to the new judge.

Purk's trial is set to begin Nov. 6 in Tama County District Court.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com