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Petition filed to oust lead prosecutor in Westmoreland mass murder trial

Petition filed to oust lead prosecutor in Westmoreland mass murder trial

GALLATIN, Tenn. (WTVF) – Michael Cummins is charged with mass murder. He is accused of killing eight people in 2019 – including several members of his own family – in Sumner County.

Cummins’ trial is set for this April – with the first crucial hearing on 19 January. Prosecutors will argue that he is mentally fit to be executed if convicted as they are seeking the death penalty.

However, Cummins’ defense team just filed a motion seeking to disqualify lead prosecutor Eric Maudlin and the entire district attorney’s office from the case.

Why? The defense points to the fact – recently revealed – that Maudlin actually represented Cummins before he became a prosecutor. It was on order of protection case and drug case.

The defense argues that this is a clear conflict of interest not only for Maudlin but for the entire office.

Prosecutors would argue otherwise and Judge De Gea would decide.

But legal experts told NewsChannel 5 there is no way a lawyer can ethically defend a client and then later turn on the same person to prosecute – especially in a death penalty case where an appeal is pending. Will.

It is expected that the judge will have no choice but to remove the maudlin. He could then go even further and disqualify the entire DA’s office.

If so, what does it mean?

Any longer the delay – even nearly three years after the offence.

If only the maudlin is removed, someone else may be appointed to the office in his place.

If the entire office is removed – an outside prosecutor will have to be brought in – likely delaying this trial for at least another year.

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