Trim, Knowles Case Headed To Another Judge

Another Cherokee County Superior Court judge will be asked to recuse himself from the case of Robert and Kelly Trim and Barbara Knowles.

Brian Steel, the attorney for Kelly Trim, said on Tuesday he will file a motion asking Superior Court Judge David Cannon Jr. to recuse himself from his client’s case.

Steel made the announcement during a hearing scheduled to determine if fellow Superior Court Judge Ellen McElyea should be recused from the case.

Steel made the decision after David Cannon Jr., who was assigned the case after McElyea voluntarily filed a motion to recuse herself, revealed to the court that his uncle, Canton attorney Billy Hasty Jr., is the chairman of Reinhardt University’s Board of Trustees.

Steel, who filed the original motion pertaining to McElyea, contends that she and Cherokee Superintendent of Schools Dr. Frank Petruzielo have a relationship through their service on the Reinhardt board of trustees and that his client was unaware of their alleged connection.

The three defendants were found guilty of lying to police when they accused Petruzielo of trying to run them over in downtown Canton after a contentious school board meeting.

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. Robert Trim’s attorney Michael Dupont later joined the motion while Knowles’ attorney Noah Pines did not.

Cannon stated that if a judge were to rule McElyea would be disqualified to serve on the case, that could also mean he would be disqualified to preside over the case.

Tuesday’s developments mean neither of Cherokee’s three superior court judges can hear the case. In addition to McElyea and Cannon, Judge Jackson Harris last year recused himself before the trial got underway, which kicked the case to McElyea’s calendar.

Now, the case will be assigned to an administrative judge for the Ninth Judicial Administrative District, who Cannon said will then designate another judge — either a sitting or senior judge — to hear the case.

The Trims and Knowles, who are preparing to appeal their convictions, were sentenced to serve 60 days in jail and 10 years on probation, but McElyea in July 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.