Please ensure Javascript is enabled for purposes of website accessibility
Motion to DQ Judge Based on His 'White Power' Question
David Website Replacement
By David Taub, Senior Reporter
Published 2 years ago on
April 26, 2023

Share

Getting your Trinity Audio player ready...

A judge’s question about whether a defendant made a “White Power” gesture led to a motion to disqualify him from the Fresno County trial.

However, the judge — Judge Alvin Harrell III — says he can remain fair and impartial.

Brian Turner is on trial in Superior Court for a May 18, 2021, incident in which he allegedly pepper-sprayed Palestinian flag-waving protesters at a stoplight.

Prior to the first day of preliminary hearing testimony, the attorneys met in Harrell’s chambers. The judge granted defense attorney Marc Kapetan’s request to suppress photographic evidence that Turner allegedly made a “White Power” hand gesture during the incident, without the prosecution first laying a foundation for such interpretation.

Harrell allegedly asked, upon seeing an image of Turner during the incident, “Is that a White Power symbol?” In his response to the motion, the judge said he “immediately recognized the hand gesture as one that has also been adopted as a white power symbol.”

The judge told prosecutor Anthony Muia that if the allegation was made, the bell cannot be unrung.

Witnesses Testify on Gesture

Despite Harrell’s ruling, witnesses testified that Turner made a hand gesture they interpreted as symbolizing “White Power.” Kapetan objected because of a lack of foundation for the comments. Harrell agreed, and the comments were stricken from the record.

The Kapetan motion said that after another sidebar meeting, Harrell admonished Muia. Harrell confirmed the admonishment in his response.

In another in-chamber discussion at the end of the first day, Harrell allegedly said he believed the gesture was a “White Power” sign, Kapetan’s motion said.

In his response, Harrell acknowledged that he made the comment.

“He (Harrell) believed that the defendant did, in fact, display the white power hand gesture during the confrontation with the alleged victims,” Harrell wrote in his response. “Accordingly, Harrell unequivocally stated he would excise the white power gesture from the ultimate analysis. Harrell has been and will continue to be fair and impartial in this matter.”

Kapetan filed the motion to disqualify the judge at the start of second day of the preliminary hearing.

“Initially, at the chamber discussion, the Court began saying he believed the sign was actually a white power sign. This statement was made, despite the fact that prosecution had not laid any foundation for such findings. To defense counsel, it was shocking, and using the words of this very Court, defense counsel cannot seem to ‘unring that bell.’ The court stated that he would ‘excise it from his mind,’ but the bell has been rung and Defendant and Counsel believe it is grounds for disqualification,” the motion says.

The motion halted Turner’s criminal case. The court reconvenes on May 26 for a status report on the motion to disqualify.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Work Requirements Could Transform Medicaid and Food Aid Under US Budget Bill

DON'T MISS

Stop Making Cents: US Mint Moves Forward With Plans to Kill the Penny

DON'T MISS

Fresno County Detectives Revive 2017 Drive-By Murder Case

DON'T MISS

Will the Pacific Coast Highway Reopen for Memorial Day Weekend?

DON'T MISS

The Artist Tree Set to Open Second Fresno Cannabis Location

DON'T MISS

Fresno Unified Is Fixing Accessibility to HR Building After Months of Complaints

DON'T MISS

Fresno Affordable Housing Takes a Huge Hit. State Kills City’s ‘Pro-Housing’ Status

DON'T MISS

Trump Admin Bars Harvard From Enrolling Foreign Students

DON'T MISS

Clovis North Seniors Barred from Walking at Graduation After Caught with Alcohol

DON'T MISS

House Republicans Pass Trump’s Big Bill of Tax Breaks and Program Cuts After All-Night Session

UP NEXT

The Artist Tree Set to Open Second Fresno Cannabis Location

UP NEXT

Fresno Unified Is Fixing Accessibility to HR Building After Months of Complaints

UP NEXT

Clovis North Seniors Barred from Walking at Graduation After Caught with Alcohol

UP NEXT

Meet Petunia. She Makes Hearts Melt With Every Purr

UP NEXT

CA State Senator Cited for Suspicion of Impaired Driving, Says She Wasn’t Intoxicated

UP NEXT

Kim Kardashian Dons a Graduation Cap and Marches Closer to Becoming a Lawyer

UP NEXT

Multiple People on Private Plane That Crashed Into San Diego Neighborhood Are Dead

UP NEXT

2 Israeli Embassy Staffers Killed in Shooting Near DC Jewish Museum

UP NEXT

Pacers Tie It on Haliburton’s Jumper at Buzzer, Then Beat Knicks in OT of East Finals Game 1

UP NEXT

What Travelers Should Know About This Messy Memorial Day Weekend

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Will the Pacific Coast Highway Reopen for Memorial Day Weekend?

14 hours ago

The Artist Tree Set to Open Second Fresno Cannabis Location

14 hours ago

Fresno Unified Is Fixing Accessibility to HR Building After Months of Complaints

14 hours ago

Fresno Affordable Housing Takes a Huge Hit. State Kills City’s ‘Pro-Housing’ Status

16 hours ago

Trump Admin Bars Harvard From Enrolling Foreign Students

16 hours ago

Clovis North Seniors Barred from Walking at Graduation After Caught with Alcohol

16 hours ago

House Republicans Pass Trump’s Big Bill of Tax Breaks and Program Cuts After All-Night Session

17 hours ago

Judge Blocks Trump Admin From Dismantling Education Department

17 hours ago

Gavin Newsom’s Off-the-Mark Budget Numbers Undermine His Credibility Again

18 hours ago

Meet Petunia. She Makes Hearts Melt With Every Purr

18 hours ago

Work Requirements Could Transform Medicaid and Food Aid Under US Budget Bill

The U.S. social safety net would be jolted if the budget bill backed by President Donald Trump and passed Thursday by the House of Represent...

13 hours ago

13 hours ago

Work Requirements Could Transform Medicaid and Food Aid Under US Budget Bill

13 hours ago

Stop Making Cents: US Mint Moves Forward With Plans to Kill the Penny

Huron 2017 Cold Case Murder
13 hours ago

Fresno County Detectives Revive 2017 Drive-By Murder Case

14 hours ago

Will the Pacific Coast Highway Reopen for Memorial Day Weekend?

14 hours ago

The Artist Tree Set to Open Second Fresno Cannabis Location

14 hours ago

Fresno Unified Is Fixing Accessibility to HR Building After Months of Complaints

16 hours ago

Fresno Affordable Housing Takes a Huge Hit. State Kills City’s ‘Pro-Housing’ Status

16 hours ago

Trump Admin Bars Harvard From Enrolling Foreign Students

Help continue the work that gets you the news that matters most.

Search

Send this to a friend