In Re Jeffrey C. Hatcher Sr.

150 F.3d 631 (7th Cir. 1998)

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Nature of the Case

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Facts

Jeffrey Hatcher (D) was named as a co-conspirator in two indictments against the Gangster Disciples a large and powerful Chicago gang. Gang leader, Larry Hoover who controlled the gang's drug business from his prison cell was one of the defendants. Prior to trial, D moved under 28 U.S.C. Section 455 to have the presiding judge recuse himself as D pointed out that the district judge's son while working as an intern assisted in Hoover's trial. It must be noted that the Hoover indictment and D's second indictment are almost verbatim except that the second indictment against D alleges that the conspiracy started somewhat later and adds certain allegations relating to the conduct of Hoover after the indictment was handed down. During the Hoover trial, the District Judge sat in the public audience so he could observe his son's performance and that was alleged to give the judge personal knowledge of disputed evidentiary facts in the case under 455 (b)(1). The judge claims he has no recollection of the evidence presented by his son in the Hoover trial.