A motion to disqualify the District Attorney from a case involving Gatlinburg Investigator Rodney Burns has been denied.
That's according to an order obtained by NewsChannel 9.
Burns is facing aggravated perjury charges after testimony conflicting with the investigation into the Ooltewah rape case.
Burns asked that Hamilton County District Attorney Neil Pinkston be disqualified from prosecuting the criminal case based on a pending civil case where Burns claims defamation.
Tuesday, Judge Tom Greenholtz denied that motion.
In part, the order reads:
Court does not believe that General Pinkston's continued participation in this prosecution does not invite the public's "doubt or distrust of the integrity in our law, [in] our courts or in the administration of justice." Nor does General Pinkston's continued prosecution of this case objectively pose a substantial risk of disservice to the public interest. Accordingly, Mr. Burns's motion to disqualify based upon an alleged appearance of impropriety is, very respectfully, denied.For the foregoing reasons, the Court respectfully denies Mr. Burns's motion to disqualify General Pinkston, or his office, from the continued prosecution of this case. It is so ordered.
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