Judge To Hear Motion To Recuse In Trim, Knowles Appeal

A motion filed by three defendants, including a former Cherokee County School Board member, for Superior Court Judge Ellen McElyea to recuse herself as they continue their appeal process will be heard on Tuesday.

Fellow Superior Court Judge David Cannon Jr. will hear a request from Robert and Kelly Trim and Barbara Knowles for McElyea to recuse herself as they appeal their convictions in a false statement trial.

The case will be heard at 2 p.m. Sept. 9 in courtroom 2D at the Cherokee County Justice Center in downtown Canton.

A jury found the trio 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.

They were sentenced to serve 60 days in jail and 10 years on probation, but McElyea in July 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.

However, McElyea on Aug. 12 offered to recuse 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.

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