Common Pleas Court Judge Leon Tucker told Mill’s lawyers that only the state Supreme Court can decide the matter.
“We have a judge that wears the same robe that I wear, that has not recused herself and has not disqualified herself,” Tucker said. “I don’t have the jurisdiction to do that. It’s as simple as that.”
Mill’s lawyers want Judge Genece Brinkley off his case, alleging she’s been waging a vendetta against the rapper, including sending him to prison for the probation violations. She has strongly defended her impartiality.
His lawyers said after the hearing they would file a motion with the state high court
“Judge Tucker thoughtfully considered our application to reassign this case,” said one of Mills’ attorneys, Joe Tacopina. “While he ultimately ruled that he did not believe he had the authority to do so, we respectfully disagree and will immediately ask the Pennsylvania Supreme Court to reassign the case.”
The Pennsylvania Supreme Court last month ordered Mill’s release from prison where he was serving a two- to four-year sentence on a probation violation related to a decade-old gun and drug conviction.
Prosecutors have said they believe Mill should get a new trial because of questions raised about the credibility of his arresting officer.
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