Appeals court to decide if trial judge must step down

MONTGOMERY, ALABAMA - An Alabama appeals court is to decide if a Russell County judge must disqualify himself on a defense claim that he could be called as a witness in the capital murder trial of two men charged in the killing of a 12-year-old Phenix City boy. <br> <br> The Alabama Court of Criminal Appeals gave parties in the case until August 12 to file responses on whether Circuit Judge George Green should preside over the trial of 44-year-old Michael David Carruth of LaGrange, Georgia, and 22-year-old Jimmy Lee Brooks of Smiths Station, Alabama. <br> <br> They are accused of shooting 12-year-old Brett Bowyer to death February 17 and dumping his body in a shallow grave along with his father, whose throat was slashed but who survived. The Bowyers were abducted in what investigators say was a robbery attempt in which Carruth and Brooks posed as narcotics agents when they went to the Bowyer home. <br> <br> Investigators say a fake search warrant in Carruth&#39;s car had the forged signature of Green on it. Brooks&#39; attorney, Joel Collins, has argued that the judge was a potential witness who could testify about the signature. Prosecutors have opposed the defense motion, and the judge refused to step down from the case. <br> <br> The appeals court, in a July 22 order, halted further action in the case until it decides if Green can preside.