Judge removed in child's death case
Dec. 17, 2009, 8:20PM
The two adults charged in the abuse death of Spring toddler Emma Thompson will get a new judge after the current one was removed from the case on Monday because of questions about her ability to be fair.
Regional Administrative Judge Olen Underwood granted a defense attorney motion to recuse Judge Mary Lou Keel of the 232nd district court after reviewing a series of events involving the bond, then the revoking of that bond, for defendant Lucas Coe.
Coe, and his girlfriend Abigail Young, 34, have been charged in the June 23 death of Young's 4-year-old daughter, Emma Thompson, who died upon arrival at Memorial Hermann The Woodlands Hospital. The little girl had signs of sexual abuse, 80 bruises and a skull fracture, authorities have said.
On Sept. 10, Keel approved a $100,000 bond for Coe. Two days later, Coe posted the bond and was released.
The next day, a Sunday, Keel's court coordinator contacted prosecutors and Coe's defense attorney Bert Steinmann, asking them to be in court on Monday at 8 a.m. because Keel wanted to place some additional conditions on the bond.
The Sunday call came following a flood of faxes and e-mails to the judge's office by those who disagreed with her ruling to allow Coe's tentative release.
Keel ordered that Coe submit to a urine drug test and when he said he couldn't urinate on demand for testers, she had his bond revoked.
Underwood reviewed the series of events and granted the recusal request from Steinmann.
What he said was recusable was the irregular procedures she followed when she notified the parties on a Sunday of an 8 a.m. Monday hearing, Steinmann said. Judge Underwood recused Judge Keel to avoid any appearance of partiality and unfairness.
Steinmann said his client is innocent of Emma's assault and death.
Donna Hawkins, spokeswoman for Harris County District Attorney's office confirmed Underwood's actions and said both Coe and Young will be tried by another judge. <snipped>
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