2nd judge removes herself from Bates case

Posted at 6:41 PM, Dec 07, 2015
and last updated 2015-12-07 19:41:56-05

TULSA, Okla. (AP) – A second judge has recused themselves from the case involving the former Tulsa County reserve deputy Robert Bates this week.

Judge Sharon Holmes removed herself from the case Monday, the same day Robert Bates was due in court. Earlier this year, Judge James Caputo recused himself from the Bates investigation to avoid any conflict of interest. 

According to reports, Holmes has not given a specific reason as to why she stepped down from the case. 

Bates is charged with second-degree manslaughter in the shooting of an unarmed man.

A case review was scheduled for Monday with Bates, who resigned from the Tulsa County Sheriff's Office. Bates is accused of fatally shooting Eric Harris in April during a gun-sales sting.

"The pieces are trying to be moved in their favor. We got a man here that was gunned down in the streets by a 73-year-old deputy who didn't even have the paperwork to be qualified as a deputy," said Andre Harris, Eric Harris brother. 

He says he confused his stun gun and handgun, and has pleaded not guilty. Trial is set for February.

Bates' friendship with indicted former Sheriff Stanley Glanz provoked questions about the reserve deputy program and led to a grand jury investigation of the agency after the shooting.

A 2009 memo alleged top sheriff's officials knew Bates was inadequately trained, but pressured subordinates to ignore that.

Glanz, who resigned Nov. 1, is due in court in January.