- Associated Press - Tuesday, December 9, 2014

THIBODAUX, La. (AP) - The judge for the trial of a man charged in a 2012 triple homicide in Lockport will be decided next month.

Lafourche Parish District Attorney Cam Morvant II tells The Daily Comet (https://bit.ly/1wbUvOw) Judge-elect Steve Miller will announce in a Jan. 5 hearing whether he will preside over the trial of David Brown, accused of stabbing a woman and her two daughters.

“He can either continue with the case or recuse himself. That’s his decision,” Morvant said.

Miller, an assistant district attorney, was elected Saturday to replace District Judge Jerome Barbera, who has presided over the case so far and is retiring at the end of the year.

Brown, 37, is charged with three counts of first-degree murder in the Nov. 4, 2012, deaths of 29-year-old Jacquelin Nieves, 7-year-old Gabriela and 1-year-old Izabela. The Lafourche Sheriff’s Office has said Brown also sexually assaulted Jacquelin and Gabriela and set the family’s apartment on fire to cover up the killings.

Miller must decide if he knows too much about the case to be an impartial judge.

“That’s common when judges come out of the DA’s Office,” Morvant said. “They determine whether or not there’s a conflict.”

If Miller decides to recuse himself, the trial will be moved to another judge’s courtroom, Morvant said.

Brown, on his second set of attorneys, was originally scheduled for trial March 10, but that date was moved to Sept. 29.

The New Orleans-based Capital Defense Project of Southeast Louisiana, led by Kerry Cuccia, has represented Brown since late November 2013. The trial was delayed to April 20 after the defense requested more time.

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Information from: Daily Comet, https://www.dailycomet.com


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