SIOUX FALLS, S.D. (KELO) — The judge in the trial against 18-year-old Damian Laurelez will stay on the case.
That ruling came down Wednesday afternoon.
Defense attorneys for Laurelez had filed a motion to have Judge Mark Barnett remove himself from the case based on comments he made in public that they say were biased against their client.
Laurelez was 17 years old at the time when authorities say he slammed an SUV into a Sioux Falls home while going nearly 80 miles per hour killing two of his passengers.
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Authorities say Laurelez, who is now 18, was using drugs and alcohol at the time.
He’s charged with both manslaughter and vehicular homicide.
Today in court his defense lawyers wanted Judge Mark Barnett to remove himself from the case based on statements he made during pre-trial motions hearings.
They claim judge Barnett showed bias when he said ‘Damion did not have the best life’ and ‘that the state had a lock tight case’ and ‘he didn’t see anyway he will not be found guilty’, which KELOLAND News reported on back in December.
Prosecutors argued that the motion should be denied because there was no bias by the court.
Judge Barnett concluded he has shown no bias or prejudice against the defendant or the state.
He says he also made comments that were empathetic to the defendant that ‘his parents failed him’ and ‘he doesn’t wish him any ill will.’
Judge Barnett also said as a judge he’s required by state law to make pre-trial statements on every case.
He said ‘If it ended up on KELO, that has no bearing, I’m required to do it.”
Motion denied.
No trial date has been set.
