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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONIN AND FOR THE COUNTY OF SPOKANESTATE OF WASHINGTON,Plaintiff,vs.AARON LYON,Defendant.))))))))))No. 09-1-00002-7MOTION FOR RECUSAL
(MT)
 
I. DEFENDANT’S MOTION
Aaron Lyon, through his attorney Carol Dee Huneke, moves the Courtfor an order of recusal and/or disqualification of the Honorable Judge JeromeLeveque in these matters. This motion is made pursuant to the Due ProcessClause of the United States and Washington Constitutions, Washington’s Codeof Judicial Conduct, and the Appearance of Fairness Doctrine. The Motion issupported by the record, clerk’s papers in this matter, verbatim report of 
SUPERIOR COURT MOTION FOR RECUSAL (ORDSM)PAGE 1 of 57
SPOKANE COUNTY PUBLIC DEFENDEROrddism.doc<DEPTADDRESS>SPOKANE, WASHINGTON 99260-0280(3/01)(509) 477-4246 FAX: (509) 477-2567
 
proceedings from a pre-trial conference held on October 16, 2009 and a courtconference held on January 29, 2010, Certificate of Carol Dee Huneke, andattached email correspondence.DATED this 28 day of May, 2010, in Spokane County, Washington.Respectfully submitted, _____________________________  _______ Carol Dee HunekeAttorney for Mr. LyonWSBA 23065
II. STATEMENT OF FACTS AND CERTIFICATE OF COUNSEL
I, Carol Dee Huneke, am the attorney of record for Aaron Lyon in thismatter, and am over 18 years of age and competent to testify in the court of law. I declare under penalty of perjury pursuant to the laws of the State of Washington that the following is true:
SUPERIOR COURT MOTION FOR RECUSAL (ORDSM)PAGE 2 of 57
SPOKANE COUNTY PUBLIC DEFENDEROrddism.doc<DEPTADDRESS>SPOKANE, WASHINGTON 99260-0280(3/01)(509) 477-4246 FAX: (509) 477-2567
 
 The attached exhibits are accurate copies of the verbatim record,clerk’s papers, and email. Excerpts of email correspondence listed below andin the included memorandum of law have been formatted for easier reading(first in time placed first) with signature lines removed and some relevantportions emphasized with bold print that does not appear in the original. Theattachments, however, are printed from my county computer without edits. Afew punctuation marks and capitalization have been changed in excerpts fromthe verbatim record of proceedings for easier reading; however, again, anunedited copy of the verbatim record is attached.Below are relevant facts that I believe would be elicited at anevidentiary hearing on this matter: The case against Aaron Lyon was filed January 2009. The trial datewas continued from its original trial setting of March 9, 2009 to August 3,2009, because the assigned prosecutor, Matthew Duggan, had accepted aposition at the United States Attorney’s Office to begin on March 9, 2009 anda new prosecutor would be assigned to the case. The defense investigationof the case and an evaluation of the defendant were also not yet complete.
SUPERIOR COURT MOTION FOR RECUSAL (ORDSM)PAGE 3 of 57
SPOKANE COUNTY PUBLIC DEFENDEROrddism.doc<DEPTADDRESS>SPOKANE, WASHINGTON 99260-0280(3/01)(509) 477-4246 FAX: (509) 477-2567
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