Judge Weighing if Perceived Bias is Enough to Recuse from Darius Mile’s Murder Case

A Tuscaloosa County judge is considering whether the perception of bias is enough for him to step down from overseeing the prosecution of former Alabama basketball player Darius Miles for capital murder.

As the Thread first reported, attorneys for Miles filed a motion asking Judge Daniel Pruet to recuse himself from the case over alleged bias against Miles.

Read more extensive coverage about the 2023 gunfight which led to the capital murder charges and over two years of court proceedings at this landing page. 

Lead defense attorney Mary Turner said Pruet has rushed her arguments in defense of Miles and alleged that Pruet's hearing the case against Miles' co-defendant, Michael Davis, could have prejudiced the judge against the former Tide basketballer, who just turned 24.

Davis was convicted of capital murder during a summer jury trial. He was sentenced immediately to life in prison without the possibility of parole - the only sentencing option available after the death penalty was taken off the table for both defendants.

Turner also pointed to a hearing over whether or not to grant Miles bond, which Pruet denied in part because of "the likelihood of conviction." Turner said that and other comments suggest Pruet has already made up his mind and has lost impartiality.

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"Darius Miles is more than just a basketball player, and he's not playing a game," Turner said during a very brief hearing Friday morning. "He's fighting for his life."

Judge Pruet vigorously denied Turner's allegations that he is biased, but said he has not yet ruled on her motion as he works to understand the body of law better around the request.

Specifically, Turner said in her motion that "Judge Pruet has acted in a manner that creates a reasonable basis for attorneys for the defendant as well as the public to question his impartiality in the case and recusal is required."

Pruet said from the bench that he is not biased or prejudiced against Darius Miles, attorney Mary Turner, or anyone on their team.

Still, he was given pause by Turner's citation of the Canons for Judicial Ethics and an Alabama Supreme Court ruling, which says that bias is not necessarily required for a judge to recuse himself from a case - just the perception of bias.

"The question is not whether the judge was impartial in fact, but whether another person, knowing all of the circumstances, might reasonably question the judge's impartiality - whether there is an appearance of impropriety," according to an Alabama Supreme Court opinion Turner cited. "Actual bias is not necessary for a judge to recuse - only a reasonable appearance of bias or impropriety."

Pruet said from the bench Friday morning that he has examined transcripts and his own actions in the case so far and found no individual incident or behavior taken collectively that would require him to recuse from the case. If actual bias were required, Pruet said, he would have issued an order denying the motion on Friday.

Still, he did not do so immediately - he said he needed more time to understand the Canons' guidance on perceived bias.

He said once he is more familiar with the body of law there, he will be better equipped to make a ruling. Lead prosecutor Paula Whitley said whether Pruet recuses is entirely his decision, and she trusts his judgment on the matter.

Miles' capital murder trial is currently scheduled to begin on December 1st.

For more coverage of the case and other crime and courts news in west Alabama, stay connected to the Tuscaloosa Thread.