SerpApi.Org
Sentencing for convicted restaurant owner Brent Swadley has been moved to a new date following a request by the defense calling for the judge's recusal.
Swadley was found guilty of defrauding the Oklahoma Tourism and Recreation Department through his Foggy Bottom Kitchen restaurants at state parks. Prosecutors accused him of creating fake invoices and over-billing the state for millions of dollars.
MORE: Brent Swadley found guilty in criminal fraud trial
The sentencing hearing, which was scheduled for Wednesday morning, comes after Swadley's defense team recently challenged evidence related to recorded jail phone calls. His attorneys accused the Oklahoma Attorney General's Office of improperly monitoring dozens of attorney-client communications while Swadley was being held in the Oklahoma County Detention Center.
Swadley's team argued those calls should not be used against him in court, while the state denied the allegations and said inmates are notified their calls may be monitored. Prosecutors also argued Swadley's attorneys did not properly register their phone numbers as confidential.
SEE ALSO: Swadley defense challenges jail call evidence ahead of sentencing
A judge previously denied Swadley's request for an appeal bond, meaning he will remain in custody while awaiting sentencing.
Swadley's legal team has said it will continue pursuing legal options following the ruling.
During Wednesday's sentencing hearing, attorneys for Swadley called for the judge in the case to recuse themselves. The judge issued a denial, which means a new hearing will be set to address the defense's motion.
Swadley's team released the following statement:
We filed the motion to recuse Judge Stallings – not to delay but after careful consideration and deliberation of the facts.
It is not something we take lightly. But serious concerns were raised at the last hearing, such as relying on post-verdict juror statements for a ruling and prohibiting cross-examination of a former colleague, that must be addressed before we go any further in the case.
Constitutional rights have been implicated, and we need to make sure we have a fair and neutral process to hear these serious issues in the case. We look forward to litigating these issues and protecting Mr. Swadley's rights.
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No sentence for Swadley was issued. A new date for sentencing has not been announced at this time.
