McAfee appeared skeptical of the prosecutor’s argument that the defense would need to prove an “actual conflict of interest” in order for the judge to remove Willis and Wade from the case. He pointed out that several Georgia cases discuss removal of prosecutors simply on the basis of an “appearance of impropriety,” a lower standard than an actual conflict of interest.
If McAfee does indeed decide to use the standard of an “appearance of impropriety,” the defense would only need to show that a reasonable person could conclude from the evidence that Willis engaged in wrongdoing.
Defense attorneys offered a multitude of arguments in court Friday for Willis’ disqualification. Through it all, they remained adamant that such a decision would be necessary to ensure public trust in the judiciary. “If this court allows this kind of behavior to go on,” said defense attorney John B. Merchant III, “the entire public confidence in the system will be shot and the integrity of the system will be undermined.”
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