LOUISVILLE, Ky. (WDRB) – A judge Tuesday denied a request to remove the Jefferson Commonwealth’s Attorney’s office from prosecuting Brice Rhodes, the man accused of murdering three people -- including two teenagers.
Attorneys for Rhodes had asked that prosecutors from outside the county take over the high-profile case because a former defense attorney for Rhodes’ is now a prosecutor for the office.
Assistant Commonwealth's Attorney Scott Drabenstadt, a defense attorney for years, had access to confidential documents and other information the Jefferson Commonwealth’s Attorney’s office should not have access to, according to lawyers for Rhodes.
Assistant Commonwealth’s Attorney Elizabeth Jones Brown said prosecutors have not discussed the case with Drabenstadt.
And Jefferson Circuit Court Judge Charles Cunningham ruled there is no conflict if Drabenstadt has no involvement in the case.
Defense attorneys also asked for a change of venue hearing and Cunningham discussed whether Rhodes could get a fair trial in Jefferson County.
But as the judge talked about the issue, Rhodes blew kisses to people in the courtroom, which included family of the victims.
The mother of murdered 14-year-old Larry Ordway and 16-year-old Maurice Gordon told Rhodes to “look at me."
Cunningham told her she could not speak out during court and would have to leave if she couldn’t be quiet.
“Let me please help you understand, you can’t just talk out like that,” Cunningham said to her. “If you can’t handle him looking at you, respectfully all I can tell you to do is don’t be in my courtroom because he is going to keep doing it, particularly now that he knows it’s going to irritate you.”
Cunningham then turned his focus to Rhodes, who was smiling.
“Mr. Rhodes, you’re smiling, I don’t know why you are smiling,” the judge said.
“Because I can,” Rhodes said. “It’s not a crime to smile.”
The judge told him it didn’t help his case.
“It’s not a crime to smile is it?” Rhodes asked.
“I didn’t say you were committing a crime,” Cunningham responded.
“I’m allowed to smile,” Rhodes responded. “I’ll do what I want to do. … Let’s get that understood.”
Cunningham said, “You’ve made that abundantly clear.”
“Now continue what you were saying about the motions,” Rhodes told Cunningham.
The judge moved on and set a Jan. 8 hearing. A trial has been tentatively scheduled for July.
Both sides will file motions about the requested change of venue.
Rhodes is accused of shooting and killing Christopher Jones in May 2016.
Later that month, allegedly killed Ordway and Gordon. Police have said the two were killed at Rhodes' home in Clifton. Their bodies were dumped in the Shawnee neighborhood and set on fire.
Rhodes allegedly killed the two brothers because he feared they would tell police about his involvement in Jones' murder.
Rhodes is being held on a $1 million full cash bond.
Copyright 2018 WDRB Media. All rights reserved.
