WACO, Texas — The judge overseeing a trial in which a former Baylor football player is accused of raping a woman, recused himself Monday.
Judge Ralph Strother stepped down after the defense filed a motion for the judge to remove himself, court documents say.
"Accordingly, I hereby recuse myself from all further proceedings in this case and request the presiding judge of the third judicial region to assign a judge to preside over the matter," court records said.
Former Dallas County Criminal District Court number 7 judge Mike Snipes was appointed to the case following Strother's recusal, according to executive assistant to the criminal district attorney Tom Needham.
The motion to recuse claims Strother is biased, unable to be impartial and granted a motion to allow the prosecution unseal records without notifying the defense.
Around Aug. 29, 2018, the court granted motions to allow 11 sets of previously sealed records to be unsealed upon the request of the prosecution, according the court documents.
The defense claims Strother nor any member of the prosecution informed the defense that motions were granted or that the records were unsealed on Feb. 21, court records said.
According to the records, the defense attorney learned of ruling after being contacted by Baylor Scott and White that the records had been unsealed.
On Feb. 21, Judge David Hodges, who was sitting in for Strother, ordered Baylor Scott and White to turn the records over the defense, court documents said.
Judge Strother’s impartiality in question
According to the court filing, the prosecution questioned whether Strother could preside over Oakman’s case with impartiality following the ex parte hearing held on Feb. 20.
“A judge must recuse himself if the judge’s impartiality might reasonably be questioned,” the document said. “The court must ask whether a reasonable member of the public, knowing all the facts in the public domain, would have a reasonable doubt that the judge is actually impartial.”
The defense claims Strother turned over the records without examining which of the 11 items were relevant to the prosecution’s request, according to the court documents.
“Instead, Judge Strother just unsealed everything that he had previously ruled to be ‘essential tools in the presentation of the defense,’” according to the court filing.
The defense claims that by Strother unsealing the records without review, shows that his impartiality is questionable, the filing said.
According to the court filing, Oakman’s right to counsel and other rights were violated.
Jury selection was set to begin Monday in the sexual assault trial against Shawn Oakman, who is accused of raping his ex-girlfriend after a night out at a Waco bar.
Earlier this month, Oakman’s lawyers requested a change of venue, saying Oakman would likely not receive a fair and impartial trial in McLennan County because of the publicity surrounding the case.
On Feb. 15, about 200 potential jurors were called to the McLennan County Courthouse to fill out questionnaires for the upcoming trial. The questionnaires were used as part of Judge Ralph Strother's reevaluation to move the trial.
The trial will continue at 8:30 a.m. Tuesday. How matters proceed at that time will be Snipes' decision.
RELATED: Plea rejected: Former Baylor football player Shawn Oakman says he’s innocent of rape allegations
Other popular stories on KCENTV.com: