Former head prosecutor Joe Crumley was arraigned Friday in Washington County Criminal Court in absentia, then the judge promptly recused himself from the case.
“I can’t hear that. I’ve known Mr. Crumley for years,” said Judge Robert Cupp.
Crumley’s attorney, Jim Bowman, handed the judge a waiver of appearance signed by Crumley allowing him to be absent from the appearance.
Crumley, 58, is charged in a three-count indictment with two felonies — reckless endangerment and felony evading arrest — and reckless driving, a misdemeanor.
The charges stem from a Sept. 21 incident in Jonesborough during which he’s accused of crossing the center line while driving and refusing to pull over when Jonesborough Public Safety officers ordered him to do so.
Crumley experienced a medical situation, described as seizure activity, after being placed in handcuffs and put inside a police cruiser after he pulled over.
The seizure put Crumley in the hospital for nearly a week before he turned himself in at the Washington County Detention Center.
During Friday’s brief hearing, Bowman told Cupp, “we’re going to try the case.”
Cupp said he has already contacted the Administrative Office of the Courts to get a substitute judge after failing to find one in adjoining districts himself.
“I’ve checked with adjoining counties and nobody wants to get involved” because of Crumley’s work in several judicial districts as a prosecutor.
In the First District, which includes Washington, Carter, Unicoi and Johnson counties, Crumley served as the elected District Attorney General from 1998 until 2006, when Tony Clark defeated him in his re-election bid.
Cupp also paved the way Friday for a possible diversion in the case.
“I’ll tell the state to go ahead and get a TBI certificate. He’s obviously eligible,” Cupp said.
A TBI certificate is a criminal history check, which shows a defendant is eligible, or not eligible, for diversion. There has been no indication from Bowman if he will seek diversion for his client.
Cupp set the case on Dec. 16 for tracking to see if the AOC has appointed a judge to hear the matter.
Crumley is free on a $12,500 bond.
RealTennessean writes:
November 18, 2011
11:04 PM
As attorney general, Mr. Crumley, as a rule, fought against or denied pre-trial diversions for defendants accused of less serious crimes. In more than one circumstance, he was challenged by failing to grant this remedy due to a judicial ruling in State v. Hammersly. He should not be afforded a remedy he, as a rule while Attorney General, dismissed as out of hand. Try the case and see how the good people of Washington County rule.
WrightBride91011 writes:
November 18, 2011
11:19 PM
It doesn't matter if they have a good or excellent attorney, the fact of the matter is they BROKE the law when they specifically took an oath to up hold "said" law so in my opinion they should receive harsher punishments. We will see when it all plays out whether or not Tennessee Code Annotated is up held.
Raven writes:
November 19, 2011
2:07 AM
Unfortunately, Crumley will never go to jail. He should, as should Kent Harris, for betraying the people's trust, but they know how to get around serving time. Unfortunately for David Phillips, he doesn't (nor should he).
RealTennessean writes:
November 19, 2011
11:45 AM
I am not suggesting whether or not Joe is a good man. What I am stating is that as the A.G., he did not grant pre-trial interventions---which he had to agree with---to people who routinely qualified for them, presumably for political reasons. I personally was in the courtroom on one, which the Judge absolutley called "ridiculous" and was going to rule against the AG when his staff relented. That individual---a person whom nearly 200 people wrote letters---had clearly demonstrated he was of good character and a strong public reputation with no prior record. Mr. Crumley denied the diversion, stating the defendant was "likely to re-offend" on a charge the Judge (Cupp) called petty to begin with. (Charges were ultimatley dismissed). All I am suggesting is that since Mr. Crumley did not grant pre-trial diversions himself for philosophical reasons, he should not seek one and employ the jury system.
kpierson writes:
November 19, 2011
11:16 PM
That's the problem with anyone in a position of authority that goes to jail, there's always consequences. They can learn to live with it. They can ship them wherever, worst case, there's always protective custody inside the jail. I hear solitary is nice.