Attorneys in Darius Miles’ Murder Case Accuse Judge of Bias, Move for Recusal

Defense attorneys for former Alabama basketball player Darius Miles have accused the judge in the capital murder case against him of bias and moved for the judge to recuse himself from the case.

The motion was filed on Thursday as the case speeds towards a trial, scheduled for now to begin on December 1st.

Miles' co-defendant, Micahel "Buzz" Davis, has already been convicted of capital murder in a jury trial earlier this year, and sentenced to life in prison without the possibility of parole.

Davis shot and killed Jamea Harris, a 23-year-old mother from Birmingham, in January 2023 during a gunfight on the Tuscaloosa Strip using a gun he'd just been handed by Darius Miles.

Their attorneys have argued that Miles and Davis feared for their lives after a confrontation with Harris's boyfriend, Cedric Johnson, who had a gun of his own and wounded Davis in the shootout.

Even so, a jury convicted Davis of capital murder in May in the courtroom of Circuit Judge Daniel Pruet, who has overseen the separate proceedings in the prosecution of both men.

Dairus Miles is not accused of ever firing a shot in the altercation, but he provided the gun to Michael Davis, and allegedly lied to police about the shooting in its aftermath. Like Davis, he was charged with capital murder and has been held in the Tuscaloosa County Jail without bond since January 2023.

Read dozens of previous stories about the killing and its aftermath here. 

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On Thursday, defense attorney Mary Turner filed a motion for recusal, accusing Pruet of bias and asking him to step away from the case against Darius Miles.

In her 10-page motion, Turner said Pruet has "engaged in conduct that would lead a reasonable person to question [his] impartiality in these proceedings and would therefore require recusal."

Turner cites the Alabama Canons of Judicial Ethics, which call for a judge to recuse himself from a case "in which his impartiality might reasonably be questioned."

The defense attorney accused Pruet of actions and comments "that would make a reasonable member of the public as well as defense counsel aver that the judge has a personal animus toward Attorneys for the Defendant."

Back in August 2023, Turner complained during a hearing that she felt "rushed" to present her case in defense of Darius Miles and made a remark that she was being "picked on," which led to an admonishment from the bench from Pruet that Turner calls "reactive" and "hostile."

"If you think the defense is being picked on, file a motion. But that is an inflammatory and egregious statement," Pruet said, according to transcripts of the hearing. "If you want this Court to recuse, file a motion. I will not necessarily grant it, but do not just make inflammatory statements."

Turner then listed eight times in previous hearings that she says contain "examples of Judge Pruet unduly restricting the Defense's presentation of evidence and exhibiting a personal bias, which create a reasonable question of impartiality."

Essentially, Turner argues that Pruet has given latitude to prosecutors to make their capital murder case against Miles however they see fit. At the same time, the defense has been rushed and ruled against.

Pruet has also questioned Darius Miles' credibility in open court, which Turner says "is an indication that Judge Pruet has prematurely judged the case."

"Our system of justice allows for every individual facing criminal charges to have their 'day in court.' A defendant's 'day in court' means nothing, however, without assurances that the judge presiding in his case is impartial and unbiased," Turner said in the motion. "Here, based on the totality of the circumstances, Judge Pruet has acted in a manner that creates a reasonable basis for attorneys for the defendant as well as the public to question his impartiality in the case and recusal is required."

Pruet cannot comment to the media about ongoing prosecutions, but the matter is set for a hearing in his courtroom on Friday morning.

For ongoing coverage of the case and other exclusive crime & courts news, stay connected to the Tuscaloosa Thread.