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Judge Durkin changes his mind; steps down from Tate case
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Judge John Durkin listens to testimony - Terrance Tate, whose confession was suppressed by the 7th District Court of Appeals, 8:30 a.m. The prosecution is appealing the suppression to the Ohio Supreme Court. Tate faces the death penalty.
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Terrance Tate, of Youngstown.
YOUNGSTOWN — Judge John M. Durkin of Mahoning County Common Pleas Court has reversed himself on whether to step aside on a death-penalty murder case and allow the case to be reassigned to another judge.
Judge Durkin, during a hearing Monday in court, said he would overrule the county prosecutor’s office’s request for him to remove himself from the murder case against Terrence Tate.
But today, his office filed a one-sentence judgment entry, dated Monday, saying that Judge Durkin’s court “hereby recuses itself and requests that this matter be reassigned” to another judge.
Judge Durkin was unavailable to comment on the judgment entry, and calls to attorneys handling the case for the prosecutor’s office and defense attorneys were unsuccessful late Thursday afternoon.
A call to Prosecutor Paul Gains was not returned.
Calls after hours to Atty. John Yuhasz, one of Tate’s defense lawyers, went unanswered.
For the complete story, see Wednesday’s Vindicator and Vindy.com.