Three Judges Recused

By Samantha Perry
Bluefield Daily Telegraph
March 1, 2015

http://www.bdtonline.com/news/three-judges-recused/article_4853ede8-bfc4-11e4-a038-4b301807a8c9.html

A special judge has been called in to try the case of a former church volunteer accused of sexually molesting young boys after all three Mercer County circuit court judges recused themselves from the case.

Retired Fayette County Judge Charles Vickers has been appointed to try the case of Timothy Probert, 56, of Mercer County, who is facing 50 charges related to alleged sexual abuse of children, Prosecuting Attorney Scott Ash said.

Probert was indicted in February on the charges. Ash said after indictments are handed down, cases are assigned to the judges.

“It came out assigned to (Judge Omar) Aboulhosn,” Ash said. Aboulhosn cited a conflict of interest, and the case was then sent to judges Derek Swope and William “Bill” Saddler, who also cited conflicts of interest.

Because the judges disqualified themselves, a senior status judge was assigned to the case, Ash said.

In a letter to the West Virginia Supreme Court, the three Mercer County judges cited a conflict of interest in the case, high court Administrative Director Steve Canterbury said. There were no additional details as to the specific conflicts of interest.

“That’s all that is required,” Canterbury said.

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Probert was arrested in December 2013 on 38 counts of child sexual abuse related charges. His grand jury indictment included 12 new charges that stemmed from another victim coming forward and additional charges being added in other cases, Sgt. M.D. Clemons, with the Crimes Against Children Unit of the West Virginia State Police, said in a previous report.