UPDATE: Judge Marullo agreed there could be flaws in the system but to recuse Judge Karen Herman wasn’t the solution. Nunez’s attorney will file on January 5th a motion to quash Judge Herman. Erik Nunez is being held on $2.5 million dollars bond.
NEW ORLEANS (WGNO) – Eric Nunez is scheduled to appear at Orleans Parish Criminal Court Monday.
Nunez, former Saint Darren Sharper and former St. Bernard Parish Sherriff’s Deputy Brandon Licciardi all face rape charges.
Nunez’s lawyer made a motion last week to have the current judge, Karen Herman, reassigned. Jeffrey Smith says there’s nothing wrong with Judge Herman. He has an issue with the way judges are appointed to cases in general.
Currently, judge appointments are dependent on the date of the alleged crime. Smith says this system’s flawed.
“When the case is allotted fairly and no one has any idea where it’s going, then we’re happy. But the bottom line is, when the District Attorney goes to grand jury and we want you to indict ‘so and so’ and this crime occurred between June 1st and September 1st — and then they use the June 1st date. They could have said June 2nd, and that would be another judge. They could have said June 10th or September 1st. So they can effectively pick the court day they want,” said Smith.
Judge Frank Marullo will be making a decision on that motion. After that’s resolved, Smith says he wants Nunez’s bond lowered. It’s currently set at $2.5 million. Smith says this is way too high since Nunez has been cooperative and is innocent.
“Unfortunately he is a pawn in this whole process. They did not indict him in federal court for the human trafficking, for the drugs. I think we’ve clearly established that one of the alleged victims is someone that he knows, worked with, had a relationship with — I think when the facts come out, it will be clear that he’s not guilty,” said Smith.
Sharper and Licciardi are due in court next month for federal drug charges.