Judge McElyea Recuses Herself in Marlow-Trim, Knowles Case

A Cherokee County judge last week recused herself from the appeal proceedings of a former Cherokee school board member, her husband and an associate. 

Superior Court Judge Ellen McElyea on Aug. 12 voluntarily recused herself ”in an abundance of caution, understanding the importance of the issue for purposes of appeal and in consideration that all parties may wish to perfect the record in some way,” according to the motion.

Robert and Kelly Trim and Woodstock resident Barbara Knowles are appealing their convictions in a false statement trial in which a jury found them guilty of lying to police when they accused Cherokee Superintendent of Schools Dr. Frank Petruzielo of trying to run them over as they crossed East Main Street in downtown Canton.

The case is now assigned to Superior Court Judge David Cannon Jr., as Chief Superior Court Judge Jackson Harris in November recused himself from the case.

McElyea late last month granted the three defendants an appeal bond, which allows them to remain out of jail pending an appeal. They will still have to abide by the conditions of their probation, however.

Brian Steel, Kelly Trim’s attorney, originally filed a motion for McElyea to recuse herself from the proceedings, and Trim joined the motion. Steel argued that McElyea and Petruzielo have a relationship through their service on the Reinhardt University’s Board of Trustees and that his client was unaware of their alleged connection.

Steel claimed Petruzielo was an ex-officio member of the board. He also pointed out that Reinhardt has a partnership agreement with the Cherokee County Board of Education, which employs Petruzielo as its superintendent.

McElyea initially rejected the motion, noting the request was untimely and that her relationship with Reinhardt University was made public on her 2013 and 2014 financial disclosure forms. She also said Petruzielo is not an ex-officio member of Reinhardt’s Board of Trustees.

In her motion last week, she maintains her relationship with Reinhardt has been made public and Petruzielo is not a member of the board of trustees.

Kelly Trim, who married partner Robert Trim after the sentencing, was convicted on two counts of making false statements, both of which are felonies.

Robert Trim, a former political consultant, was found guilty on two counts of making false statements while Knowles, the former secretary of the Cherokee County Republican Party, was convicted on one count of filing a false police report and two counts of making false statements.

The conviction forced Trim to resign from the Cherokee County School Board’s District 1 seat.

What You Should Read Next?

• Former School Board Member, Associates Granted Appeal Bond
• McElyea: Marlow, Associates’ Actions Were “Deceitful,” “Malicious”
• Kelly Marlow Resigns From Cherokee School Board
• Kelly Marlow Gets 60 Days in Jail, 10 Years Probation
• Marlow, Associates Found Guilty In False Statements Trial
• Arrest Warrants Taken Out For Kelly Marlow, Robert Trim