Eighth recusal draws Ganier new federal trial judge

Forester joins procession of judges who determined they can't hear charges against former Sundquist ally

Email | Print By Milt Capps

Al Ganier

The eighth federal judge in two years has recused himself from presiding during the trial of Al Ganier, founder and former CEO of Education Networks of America, on charges of obstruction of justice.

Within the past week, Judge Karl Forester, U.S. district judge for the eastern district of Kentucky, notified U.S. Court of Appeals for the Sixth District Chief Judge Danny Boggs of his desire to recuse himself. Forrester had been appointed after all seven federal judges in the Tennessee district had recused themselves, within a short span.

On April 11, Boggs assigned the case to Judge Thomas Russell of the U.S. District Court for the Western District of Kentucky to succeed Judge Forrester.

Vicki Kinkade, chief deputy clerk for the U.S. District Court for the Middle District of Tennessee, told NashvillePost.com this afternoon that she received word of Judge Boggs' order this morning. Kinkade said she has not yet discussed the proceeding with Judge Russell.

In November, Ganier's trial seemed likely to lurch ahead, when the 6th U.S. Court of Appeals for the 6th Circuit ruled against Ganier's request for exclusion of forensic evidence put forward by the Assistant U.S. Attorney Eli Richardson, as part an effort to prove Ganier had attempted to destroy or suppress e-mail evidence. The federal brief argued that those e-mails included evidence of inappropriate and possibly illegal relationships with allies and employees of the administration of former Gov. Don Sundquist.

Ganier is represented by Aubrey Harwell and Tom Dundon of Neal & Harwell.