Motion To Disqualify Judge From Sexual Assault Case Denied
September 5, 2019
33-year-old Marcus Nichols of Genoa Township is facing charges including third and fourth-degree criminal sexual conduct, unlawful imprisonment, interfering with electronic communication, and assault and battery.
He was charged in June and the case was originally assigned to Livingston County Chief Judge Miriam Cavanaugh, who then recused herself. On June 28th, it was reassigned to Circuit Court Judge Michael Hatty. A motion was filed to disqualify Hatty from the case due to a potential conflict of interest as the sexual assault victim reportedly has a relationship with a member of Hatty’s drug court staff. After Hatty denied that motion, a further motion for disqualification was then filed and was heard Wednesday by Shiawassee District Court Judge Ward Clarkson. However, Clarkson also denied the motion. A final settlement conference in that case is set for September 13th.
Nichols is also charged with two counts of felonious assault in a separate case in which police say he used a vehicle to try and hit the mother of the sexual assault victim and her friend on August 7th. He was recently bound over to Livingston County Circuit Court on the assault charges connected to that incident. (DK/JK)