Judge Recuses Himself from 2019 Benton Case
On Thursday, Judge Samuel Junkin stepped back from the case involving Timothy Benton, who was previously convicted of a second sodomy crime aboard a ship in 2019.
According to APR, earlier this year, Junkin had agreed to Benton’s transfer to a housing arrest program. This decision came as a surprise to the family of one victim, who learned about it weeks later. They expressed disbelief over the judge’s rationale.
In his recusal order, Junkin pinpointed significant challenges, particularly concerning Benton’s health and safety while incarcerated. He noted that a year prior to the crime leading to Benton’s guilty plea, the individual had suffered a traumatic brain injury, as documented by a medical professional. The judge also voiced personal concerns about the potential for Benton’s parole.
“A few months ago, I found out that Benton will be evaluated for parole this October,” he stated. “With this knowledge, it became apparent to me that Lee Gwasney, the then-chairman of the Parole Committee, would not be reappointed. This was something I considered quite important.”
Junkin continued, saying that Benton’s participation in the community fixture would restrict his release to the general public. Instead, he would only be allowed in specific locations determined by the court, and would receive essential cognitive and psychological treatments aimed at preventing future offenses.
In response to public protests, ABPP assistant adviser Eric Anderson confirmed that involvement in the Community Amendment would bar Benton from parole.
Earlier this week, Christopher Key, the father of one of the victims, shared that Judge Junkin personally informed him that the decision was meant to thwart any possibility of parole for Benton. Nevertheless, Key criticized the reasoning, suggesting it was lacking in clarity.
Junkin mentioned ongoing communications with both the victim’s and the defendant’s families as a key factor in his decision to recuse himself. “Since the entry of this order, I have engaged in substantial discussions with both families and their legal representatives outside of court,” he noted.
Tuscaloosa County District Judge James Gentry has since been appointed to take over the case.
Key expressed that he believes Junkin’s actions validate his ongoing concerns. He interpreted the judge’s comments as an indication that Junkin was effectively “letting Benton go” without sufficient evidence to support a future parole.
“I just hope Benton returns to prison soon, and that Judge Junkin’s decision is overturned,” Key added.
District Attorney Andrew Hamlin, who recently sought to revise Benton’s sentence to return him to prison, formally recused himself from the case earlier this week.
Hamlin stated publicly, “I prosecuted the initial case against Benton several years ago and obtained a 17-year sentence.” He explained that he had to step aside due to a conflict of interest that arose after the previous prosecutor’s involvement, which hadn’t been an issue during the trial.
“I consulted with both the Attorney General’s office and the Alabama bar on this matter and received guidance,” he continued. “I personally spoke to both victims’ families to ensure they understood the conflict.”
Hamlin also shared that the Attorney General’s office is now in charge and is providing all necessary resources related to the case. Alabama Attorney General Steve Marshall has indicated his commitment to continuing efforts to return Benton to prison.
According to sources, Hamlin’s recusal was prompted by an employee in the DA’s office who had connections to Benton, posing a potential conflict as a character witness in the case.
