BATON ROUGE, LA (WAFB) - A judge has denied a motion by the defense attorney for a couple accused of murder asking the district attorney's office to be recused from the case.
Judge Anthony Marabella decided there is not a conflict of interest for Assistant District Attorney Leslie Ricard in the case of Jace Crehan and Brittany Monk.
Crehan and Monk are accused of murdering Robert Nose on July 4, 2015. The alleged motive for the murder involved a prior case against Nose that was prosecuted by the district attorney's office, thus creating the possible conflict of interest.
Nose pleaded "no contest" on June 22, 2015 to raping Brittany Monk when she was a child. The abuse occurred between 2001 and 2009. During the prosecution of that case, Monk, the victim, provided testimony.
The motion filed by attorney D. Carson Marcantel alleged that the testimony provided is considered confidential and therefore the district attorney's office should have recused itself from the prosecution of the murder case.
"During the impaneled grand jury proceedings that led to the indictment of Monk and Crehan, Assistant District Attorney Leslie Ricard was called as a material witness before the grand jury," the motion noted. "It is unclear what ADA Ricard testified to during said proceedings."
Grand jury testimony is considered confidential because it is not a trial. Rather, it is a determination as to whether or not formal charges can be filed.
The next hearing in the case is scheduled for Dec. 2, 2016.
Grand jury indicts couple accused of murdering convicted sex offender
Detectives look into murdered sex offender's possible connection to suspects
EBRSO arrests couple accused of killing a Zachary man
Officials refuse comment about murder victim's criminal history
EBRSO release name of man killed in Zachary Saturday