COLUMBUS, Ohio — The Ohio State Supreme Court has confirmed an affidavit of disqualification has been filed to remove Judge Michael Holbrook from presiding over the Dr. William Husel murder trial.
According to the court, the affidavit is under seal meaning they cannot disclose who filed the affidavit.
The court did confirm Chief Justice Maureen O'Connor will be making a decision on the request. If it is granted, a new judge will be assigned to the case.
According to the Ohio Supreme Court website, an affidavit of disqualification is “a statutory vehicle through which a litigant or attorney may request the Chief Justice of the Supreme Court to prevent a judge of a municipal court, county court, common pleas court, court of appeals, or court of claims from hearing a specific case. Affidavits may be filed to allege that a judge is interested in a proceeding pending before his or her court, has a bias or prejudice for or against a party to the proceeding or a party's counsel, or is otherwise disqualified to preside.”
Husel is accused of ordering fatal doses of fentanyl to be given to 14 patients during his time as an overnight physician in Mount Carmel’s Intensive Care Unit.
The defense has argued Husel was providing comfort care to dying patients.
Prosecutors, however, claim Husel’s doses were excessive and ultimately hastened the deaths of his patients.
Husel has pleaded not guilty to all charges.
Jurors heard from 53 prosecution witnesses, including loved ones of all 14 patients, since the trial began Feb. 22.
The defense rested last week after calling just one witness to the stand.
Closing arguments are currently scheduled to begin on Monday. Following closing arguments, Judge Holbrook is expected to turn the case over to the jury for deliberation.
10TV's Bennett Haeberle spoke with Judge Holbrook who said he cannot comment on the affidavit. He added he plans to move forward with closing arguments next week.