Government may ask judge in Gary Lee Sampson trial to recuse him - Boston News, Weather, Sports | FOX 25 | MyFoxBoston

Government may ask judge in Gary Lee Sampson trial to recuse himself

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BOSTON (MyFoxBoston.com) -- Senior US District Judge Mark Wolf said he was just helping a young friend out when he took part in a Martha's Vineyard panel discussion of the independent film, "The Life and Mind of Mark DeFriest."

But his participation on that panel with famed Harvard Law Professor Allan Dershowitz could see Judge Wolf removing himself from the upcoming death penalty trial of spree Killer Gary Sampson.

The issue: The panel also featured Dr. James Gilligan, now set to be one of Sampson's defense witnesses.

Judge Wolf has revealed that before the screening of the film last July, he hosted Dr. Gilligan and Deshowitz at his rented Martha's Vineyard home for non-alcoholic drinks and lobster rolls.

According to the Washington Post, the film is a "powerful indictment of the American justice system."

In a hearing at federal court, prosecutor Zachary Hafer said:

"If this was lobster roll with Dr. Gilligan, it would not be an issue. The issue is, this was on a topic that is germane to issues in this case, at  a time when the case was being aggressively litigated."

Judge Wolf said he did not know Dr. Gilligan was a potential defense witness until last September.

But the Government produced four Sampson court filings, all of them dated before September 2014, which contain Dr. Gilligan's name.

At one point, Judge Wolf remarked, "I regret that conduct I don't tentatively regard as disqualifying, is injected into this issue."

FOX25's Bob Ward asked Boston Attorney Phil Tracy about what could happen next.

"He'll do what's right, and I hope he doesn't have to recuse himself, because that will cause delay."
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