POUGHKEEPSIE – Prior to the arraignment of the accused “Courtyard Killer” and his accomplice, defense attorneys sought to have the presiding judge recuse himself, raising a potential conflict in their flawed argument because the murdered man and the judge have ties to Marist College.
Alleged “Courtyard Killer” Roy Johnson Jr., 35, and his accomplice, Devin Taylor, 28, were scheduled to be arraigned on a variety of felony charges on Friday, October 14, 2022.
In what several attorneys called a delay tactic, the defense for Johnson, made up of Sr. Assistant Public Defender Kevin Prue and his associate, Robert DeMono, sought to have Judge McLoughlin recuse himself from the proceedings. They alleged in the motion that McLoughlin had a conflict of interest.
The murdered man, 53-year-old Paul Kutz, was staying at the hotel with his wife, while visiting their Marist freshman son, during “Family Weekend.”
Judge McLoughlin, a former prosecutor with the Dutchess County District Attorney’s Office, also serves as an adjunct professor at Marist College. According to the defense from the Dutchess County Public Defender’s Office representing Johnson, McLoughlin also uses interns from the college in his court.
The argument filed by DeMono, asserted prior to the arraignment of the defendants claimed Judge McLoughlin had a conflict based on his ties to Marist College.
In denouncing the maneuver, McLoughlin’s decision said, in part, “Absent a legal disqualification under Judiciary Law $14, a Trial Judge is the sole arbiter of recusal,” adding “Recusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist.”
Pointing out the flaws in the defense argument, McLoughlin also said, “Contrary to the defendant‘s contention, none of the express statutory disqualifications set forth in Judiciary Law $14 are applicable. The defendant has cited no case, ethical opinion, or other legal authority to support his claim that the Court’s recusal is required under Judiciary Law.”
The judge also admonished DeMono and Prue, adding, “Instead, using grandiose yet conclusory language, the defendant claims that my “deep and enduring ties to Marist College” make me an interested party (see DeMono Aff, 19 6–7). This claim is meritless.”
In justifying his decision, Judge McLoughlin explained, “While the victim of this crime was the parent of a Marist student, it appears to have been a random shooting unconnected to Marist College or the victim‘s status as a parent of a Marist student. The crime did not occur on campus, did not involve any students or employees of the college, or have any other apparent connection to Marist. I have never taught any of the victim’s children in any of my classes, nor to my knowledge have I met or spoken with any of them.”
Determining that no conflict existed, McLoughlin denied the motion and arraigned both defendants on their charges, and remanded the men to the Dutchess County Jail without bail.
