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Judge withdraws from trial in killing of court reporter
Tuesday, July 22, 2008

Saying he wanted to avoid the appearance of impropriety, Allegheny County Common Pleas Judge Jeffrey A. Manning yesterday recused himself from the homicide trial of Jayquan Massey, who is accused of shooting Cheryl Wilds, a court reporter who worked for Judge Manning and others at the courthouse.

Responding to a motion filed by Mr. Massey's defense attorney, Noah Geary, Judge Manning said, "I do not pass question on my ability to perform the task [of presiding as judge]. ... But I am well aware that perception sometimes outweighs reality."

Judge Manning denied Mr. Geary's request to recuse the rest of the county's judges, saying he didn't think he had the authority and he deemed it unnecessary. He also denied a request to recuse all members of the courthouse staff, because they would have no bearing on the judicial outcome.

The case was assigned to Senior Judge John K. Reilly, who is from Clearfield County and is in the Allegheny County Courthouse less often, so he would not have known Ms. Wilds as well.

Mr. Geary was pleased with Judge Manning's decision to recuse himself but said he would seek an out-of-county judge. Mr. Geary said Ms. Wilds also worked for Judge Reilly, though he wasn't sure of the extent of their relationship. For Judge Reilly not to hear the case -- the trial is scheduled to begin next month -- he would have to recuse himself as well.

A judicial conflict of interest would be a possible issue for appeal if Mr. Massey is found guilty.

Ms. Wilds, 47, of the North Side, was shot Nov. 21 after she got off a bus near her home with groceries for Thanksgiving. She was in a coma for nearly three months before dying Feb. 29.

On the day she was shot, Ms. Wilds had been at a social function with court personnel, including Judge Manning, who said he contributed to a fund-raiser on her behalf after the shooting. The judge said his relationship with Ms. Wilds was cordial, though they were not good friends.

Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on July 22, 2008 at 12:00 am
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