Three months after a jury convicted Auburn Police Officer Jeffrey Nelson in the on-duty murder of 26-year-old Jesse Sarey, discussion continued in the case on Oct. 4 as Nelson’s defense pushes for a new trial and a new judge.
Nelson’s defense team filed for an extension on a ruling regarding the team’s motion to recuse Judge Nicole Gaines Phelps from the case after the team “learned of significant, materially new information,” according to defense documents.
Nelson’s defense filed two motions on July 16 for a new trial and the recusal of Judge Gaines Phelps from the case, alleging both prosecutorial and judicial misconduct.
In the motion, Nelson’s defense stated a May 21, 2024, meeting between Judge Johanna Bender, Sgt. C. Sam Hooper, and a juror served as an “improper closed-courtroom proceeding” violating Nelson’s right to a “public, open trial” and as an “impermissible ex parte contact” between court and juror.
On Oct. 1, Nelson’s defense team conducted an interview with Sgt. Hooper.
Defense documents state Hooper indicated in the interview that the May 21, 2024, meeting with the juror occurred in the chambers of Judge Gaines Phelps, overseeing the trial at the time, and he arrived at the meeting to Judge Bender, Judge Gaines Phelps, and the juror alone together. Hooper indicated in the interview Judge Gaines Phelps was present for the entire meeting with the juror, defense documents state.
“Judge Gaines Phelps told the parties that she referred the matter regarding [the juror] to Chief Judge Bender and did not intend to be present,” stated Timothy Leary, one of Nelson’s attorneys, in court documents.
Nelson’s defense stated they require additional time to prepare and submit briefing and exhibits addressing “newly discovered information.”
The court continued the matter regarding the defense’s motions at the Oct. 4 hearing to an undetermined date.
Nelson’s attorneys have stated previously they plan to file a motion for emergency review with the Court of Appeals in the event the court denies the motion for recusal.
An additional hearing scheduled for Oct. 18 aims to address the defense’s motion for a new trial and potentially serve as an evidentiary hearing.
In the event the court denies the defense’s motions, Nelson’s sentencing remains scheduled for Nov. 8.
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