An ad hoc judge on Wednesday rejected a bid by Attorney General Liz Murrill’s office to remove the judge presiding over a corruption case involving a city-parish official and the local transit authority, a ruling that could have implications for the state’s other cases before the Baton Rouge judge.
The decision clears the way for Judge Gail Horne Ray to hear arguments Nov. 18 on whether to throw out the indictments against Metro Council member Cleve Dunn Jr., former transit official Pearlina Thomas and contractors Terral “TJ” Jackson, Erica Jackson and Jay Colar.
With fellow Judges Don and Ron Johnson, Ray filed a lawsuit against Murrill and other Louisiana officials in federal court last year, arguing that the state diminished the rights of Black voters and candidates when it redrew election maps in 2025.
Because of that case, Murrill filed a motion in September to have Ray recused from Dunn’s case, citing comments to the media by the judge’s attorney, Steven Irving, that said she couldn’t fairly preside over a case brought by the attorney general.
Ad hoc Judge Bonnie Jackson denied the state’s request and added that the case would likely not be decided by Ray, who is 72 and will age out of her seat in January.
But shortly after Jackson’s decision, attorneys for Dunn, Thomas, TJ Jackson and Colar left the courtroom and headed to Ray’s chambers, where they promptly received a court date to hear arguments on pending motions to have the case quashed.
Motion to quash
In January, a special grand jury indicted Dunn, Thomas, TJ Jackson, Erica Jackson and Colar. The five defendants were arrested on a slew of corruption charges, including bribery, public contract fraud and theft.
In August, shortly after former Metro Council member and current East Baton Rouge School Superintendent LaMont Cole filed a nearly identical motion in his own criminal case brought by Murrill’s office, the CATS case defendants filed a motion to have their indictments tossed, arguing that Murrill and District Attorney Hillar Moore did not rightfully follow criminal procedure.
They argue that Murrill did not have the authority to bring the matter before the special grand jury last year or prosecute the case, as Moore did not initiate the investigation but only deferred prosecution back the Attorney General once he was made aware.
“Based on our view of the law, the AG's Office is not the proper party to institute prosecution,” Dunn’s attorney, Harry Daniels, said Wednesday. “We're confident that motion will be successful as well.”
If the motion is heard on Nov. 18 and Ray rules in Dunn’s favor, it could effectively end the case in Baton Rouge court before the year’s end.
Dunn’s father, Cleve Dunn Sr., worked for Ray’s campaign for judge in 2022, campaign finance reports show.
Baton Rouge court Commissioner Kory Tauzin is set to take over Ray’s section when he is sworn-in as a judge in January, meaning he would be assigned the transit corruption case.
Murrill’s office could appeal the judge’s decision to deny recusal and ask for a 60-day stay while it waits to hear what the appeals court has to say.
Asked if that is what it intends to do, the Attorney General’s Office did not immediately respond Wednesday.
‘Shows their stupidity’
Like Dunn, Cole is another official facing corruption charges as part of Murrill’s broad investigation that began more than a year ago.
One of the people involved in Cole’s defense team is Baton Rouge attorney Joel Porter.
While Cole’s case is before a different Baton Rouge judge, Porter was present in court Wednesday and observed as the state made its recusal arguments and attorneys responded.
Porter echoed Daniels’ comments about the state’s authority to prosecute or investigate the cases, and when asked about the recusal motion brought by Murrill’s team Wednesday, he did not mince his words.
“This whole motion just shows their stupidity,” Porter said about the state’s prosecutors, adding that they “should be sanctioned” for the “frivolous” motion.
“And you can quote me on that too,” Porter said.