Opinion
Case No. 4:01 CR 207
August 9, 2002
ORDER REGARDING RECUSAL
At the request of both Defendant Richard Detore and Defendant James A. Traficant, Jr., this case was severed on 3 January 2002. (Docket # 117). Mr. Detore's trial is set for 12 November 2002. (Docket # 430).
On 16 July 2002, Defendant Richard Detore testified under oath, before the adjudicatory sub-committee of the Committee on Standards of Official Conduct of the U.S. House of Representatives, that he "had 2.5 percent holding in, ownership in' U.S. Aerospace Group ("USAG"). (Tr. 16 July 2002). Upon review of the transcript containing Mr. Detore's statement, this Court finds that Mr. Detore's prior ownership interest in USAG, however slight, places him in a relationship to USAG comparable to that of John J. Cafaro, whose ownership interest in USAG caused this Court to represent that it would recuse itself from presiding over the case of United States v. Cafaro, Case # 4:01CR208, if that case were transferred to it from Judge Solomon Oliver. See Attachment A.
My husband, Charles F. Clarke, is employed by Squire, Sanders Dempsey, a law firm with over 700 lawyers. The firm has performed legal work regarding laser guidance patents on behalf of USAG, the company owned by Mr. Cafaro and Mr. Detore.
Therefore, in an abundance of caution, to avoid any possible appearance of impropriety, and pursuant to 28 U.S.C. § 455 (a), this Judge recuses herself from further proceedings in United States v. Detore.
IT IS SO ORDERED.