Court Names Judge to Hear Weinhaus Case

A pretrial conference in the case is scheduled for Tuesday, March 19, in Franklin County.

Weinhaus is scheduled to stand trial beginning April 30.

Presiding Judge Gael Wood asked the high court to appoint a new judge last week after recusing himself from the case following a motion by Weinhaus requesting a change of judge. Wood granted the motion even though Weinhaus had run out of time to file such a request.

“Although this is not timely, the court hereby sustains said motion in chambers and the Supreme Court is requested to assign a judge from outside the 20th, 23rd, 24th and 42nd judicial circuits to hear all further proceedings in this case,” Wood stated in his order.

Sutherland retired from the bench at the end of last year after serving 12 years as presiding circuit judge of the 12th Judicial Circuit, and 22 years as associate circuit judge.

He previously served as Warren County prosecuting attorney from 1975-79.

Weinhaus, a longtime anti-law enforcement, anti-government Internet blogger, is charged with allegedly making threats against a circuit judge in Crawford County, possession of morphine, misdemeanor marijuana possession, along with two counts each of attempted assault on a law enforcement officer and armed criminal action and one count of resisting arrest in the Sept. 11, 2012, confrontation at the MFA Station on Highway K south of St. Clair.

He is being held in the Franklin County Jail on a $50,000 cash-only bond.

The two patrol investigators set up the meeting at the station on the pretext of returning Weinhaus’ computers that had been seized earlier in the investigation into the tampering allegation. They allege that they fired after Weinhaus refused to get on the ground and started reaching for a handgun that was in a holster.

A Franklin County grand jury later issued indictments charging Weinhaus who was arrested last November at his first court appearance after recovering from his wounds.