Jefferson County Attorney's Office files lawsuit against Louisville judge who booted office off case

LOUISVILLE, Ky. (WDRB) -- Jefferson County Attorney Mike O'Connell's office filed a lawsuit asking a judge to overrule a decision by a district court judge who disqualified the office from a case saying prosecutors could not be impartial since O'Connell knew the alleged victim and wanted to "help" him.

On Monday, O'Connell filed the suit in Jefferson Circuit Court asking a judge to prevent District Court Judge Stephanie Burke "from taking any judicial action based upon the erroneous and illegal holding."

A hearing will be held Thursday in front of Circuit Court Judge Ann Bailey Smith.

On July 10, Burke disqualified O'Connell and his entire office, ruling prosecutors could not be "independent and impartial" after University of Louisville professor John Gilderbloom, who also is a landlord, contacted O'Connell in October 2021, about a tenant dispute.

O'Connell emailed his staff saying he knew Gilberbloom "personally" and "I want to help John."

Burke ruled normal procedures weren't followed and "a number of O'Connell's staff acted upon his expressed intention that he 'wanted to help Gilderbloom.'"

But in Monday's lawsuit, which is technically called a "writ of prohibition," prosecutors argue "there is not a scintilla of evidence to support the claim that somehow the normal practices and procedures to initiate a criminal case in Jefferson County were not followed."

In fact, "the condemnation of the Jefferson County Attorney's desire to assist a crime victim is absurd and utterly opposed to the law, to public policy, and to basic common sense," prosecutors wrote in the suit. It is also noted that O'Connell and Gilderbloom were acquaintances and not close friends.

Burke said she could not comment on a pending case.

Richard Hardacre is charged with attempted theft by extortion.

A police citation says Gilderbloom wanted Hardacre to move out early and offered to pay him. Hardacre allegedly asked for more money and made threats, including that he would tell UofL that Gilderbloom was a bad landlord and go to authorities "about alleged crimes that were committed."

Hardacre and his attorney have argued no crime has been committed and the only reason the case has dragged through court for two years is because Gilderbloom knows O'Connell.

"The Jefferson County Attorney, Mike O'Connell, had decided to take it upon himself to assist someone he knew personally before any criminal action had been initiated," attorney Steven Harris wrote in court records. "The only reason this case has continued for over 19 months is because of O'Connell's connection to the victim in the case."

In addition, Harris argues the evidence — including Facebook posts — is weak and claims that Gilderbloom harassed Hardacre and his wife about their dog.

In a previous written response to Burke's decision, O'Connell's office said it is his "ethical obligation" to help an alleged crime victim and that Burke took it "upon herself to personally malign the character of the Jefferson County Attorney.

The case started after Gilderbloom called O'Connell, who was on vacation at the time, in October 2021. O'Connell then emailed some of his top staffers about the situation, saying he knew Gilberbloom "personally" and "I want to help John."

The Oct. 14, 2021, email from O'Connell pointed out that he already had an administrative assistant look into the case and, among other things, noted that the tenant's wife worked for Hobby Lobby.

"That seems weird," O'Connell wrote of the woman's job, and proposed that prosecutors have Gilderbloom or his attorney, John Valentine, come in and talk about the situation. He also noted that these kind of tenant/landlord issues traditionally are handled in civil court.

Burke accused the county attorney's office of sidestepping normal procedures where the prosecution gets involved after police investigate and charge someone with a crime.

But O'Connell's office argues Gilderbloom was told to call police and file a complaint and the case was handled just as any other. Just because O'Connell knows Gilderbloom "does not change his role from that of zealous advocate to neutral arbiter," the prosecution has argued.

Burke ordered that another agency, such as the Jefferson Commonwealth's Attorney or state Attorney General's office, take over prosecution.