Friday, July 23, 1999
Pipe-bomb case needs new judge
BY SUSAN VELA
The Cincinnati Enquirer
FALMOUTH — A man who allegedly built pipe bombs to kill a judge swaggered up to the bench Thursday in Pendleton District Court to learn that a special judge would be appointed to his case.
Daniel Justice, 33, crossed his arms and stared ahead nonchalantly when Pendleton Circuit Judge William Probus said he was excusing himself from hearing Mr. Justice's case be cause of Mr. Justice's alleged threats against the county's other district judge, David Melcher.
“It's so that there would be no question about my fairness,” said Judge Probus, who is asking that a special judge be appointed to hear Mr. Justice's case.
The appointment must be made before Mr. Justice's court proceedings go any further in Pendleton County's criminal justice system, the judge said.
Mr. Justice faces a charge of terroristic threatening for allegedly threatening to “take care of” Judge Melcher last week and a charge of wanton endangerment for allegedly ramming his vehicle into an other last month after an argument at a local tavern.
Mr. Justice was out on bond in the wanton endangerment case when police learned Monday that he had allegedly threatened the judge. They were searching his house when they found pipe bombs in his sports utility vehicle Tuesday.
The Cincinnati Bomb Squad and agents of the Bureau of Alcohol, Tobacco and Firearms (ATF) detonated the devices. Federal charges could be pending.
Meanwhile, Mr. Justice was in the courtroom Thursday because of his original wanton endangerment charge. A preliminary hearing was canceled after Judge Probus recused himself.
Mrs. Justice, who was arrested Tuesday and then released, was in the courtroom. No charges have been filed against her.
Mr. Justice's court appearance happened hours after county magistrates bombarded county Judge-executive Henry W. Bertram with questions about the safety of the courthouse, which has three entrances but only one bailiff for security.
Mr. Bertram promises to consider metal detectors and weapon searches, but he noted that the county operates on a strict, annual $4 million spending plan and can't afford any new equipment — and the extra bodies to man it — without some help from the state.
“I think we're going to have to look at it more seriously,” Mr. Bertram said. But “there are just a lot of issues here. We don't want to rush.”
John Hendricks of the state Administrative Office of the Courts said the state usually reimburses counties that have to finance manpower for new metal detectors. The equipment generally runs about $3,500.
Pendleton County courts are housed on the second-floor of the county building at 50 S. Main St. The district courtrooms easily sit about 100 people.
Each of the pipebombs that Mr. Justice had could've killed up to 20 people, police said.
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