Judge Harris Recuses Himself from Kelly Marlow Trial

In a surprising twist in the case against Cherokee County School Board Member Kelly Marlow and her associates, Cherokee County Chief Superior Court Judge N. Jackson Harris filed a motion recuse himself from presiding over the case.

Harris made the decision Thursday morning at the Cherokee County Justice Center, as Marlow, her partner and political advisor Robert Trim and Cherokee County Republican Party Secretary Barbara Knowles looked on in the audience. 

All three are facing charges in relation to their accusation that Cherokee County Superintendent of Schools Dr. Frank Petruzielo allegedly tried to run them over as they crossed East Main Street in downtown Canton after a June school board meeting. They were set to be arraigned during this morning's hearing. 

None of the defendants, who sat quietly in the audience, formally appeared before the judge, but the attorneys for all three — Brian Steel for Marlow, Anthony Morgese for Knowles and Michael Duponte for Trim — all sat at the defense counsel table as Harris spoke. 

Harris started his remarks by noting court all cases that come before the superior court are "important."

He noted that Georgia judges have a code of conduct they must abide by that "guides" judges in circumstances that outlines how they must do everything in their power not to disrupt the public's confidence in the system. 

"In this regard, I must tell you that my wife is an employee of the Cherokee County School District," he added, noting she is a teacher. "And as a teacher, one of the alleged victims in this case is my wife's boss. One of the defendants is my wife's superior."

Harris said it would not be right for him to proceed with presiding over the case, and noted he was "prepared to enter an order of recusal." 

The recusal now assigns the case to Superior Court Judge Ellen McElyea, said Rachelle Carnesale, an assistant district attorney who is trying the case. 

"She's got a packed calendar," she said, noting she doesn't know when McElyea would hear the case.

McElyea said she will review her calendar and decide whether to keep it or reassign the case to Superior Court Judge David Cannon Jr. 

A Cherokee County grand jury last month indicted Marlow on four felony counts of making false statements in relation to allegations that Petruzielo tried to run her and two others over as they walked towards The Painted Pig Tavern in downtown Canton.

Trim was indicted on three counts of making false statements while Knowles was indicted on one count of filing a false report and four counts of making false statements. 

Knowles made the original call to Cherokee County E-911 to report the allegations. After investigating the allegations, Canton police later issued arrest warrants for the trio's arrest.

A panel appointed by Gov. Nathan Deal last week ruled Marlow could remain in office while the case moved forward, noting the "indictment does not relate to or adversely affect Marlow’s ability to perform her official duties."

Don’t miss any of the local news you care about. Subscribe to Canton-Sixes Patch’s free newsletter, like us on Facebook and follow us on Twitter.