MONTGOMERY, AL (WSFA) - The remaining Montgomery County Circuit Court judge appointed to oversee the murder case involving a Montgomery police officer has recused.
According to a motion filed Friday, Judge Jimmy B. Pool has recused from overseeing the murder case involving officer Aaron “Cody” Smith.
Pool was the only circuit court judge in Montgomery County who had not recused in the case.
Pool initially oversaw Smith’s preliminary hearing when he was serving as a district court judge. Montgomery County District Attorney Daryl Bailey previously said he was confident there wouldn’t be any recusal issues with Pool.
In this case, when all of the judges available have recused, a judge is generally appointed by the Administrative Office of Courts.
Pool was appointed to oversee the case after the Alabama Supreme Court denied Smith’s petition for immunity from prosecution but agreed Judge Greg Griffin should recuse and the trial should be moved.