Nassar judge removes herself after Facebook 'like'
CHARLOTTE - Larry Nassar's criminal charges in Eaton County have been assigned to a new judge after his defense attorneys raised concerns regarding a Facebook "like" from the judge previously assigned the case.
On her personal Facebook page, Eaton County District Court Judge Julie O'Neill liked a post from White Law PLLC, according to a motion filed this week by Matt Newburg, one of Nassar's attorneys. The post was of a Michigan Radio interview with Jamie White, White Law PLLC's founder.
White's law firm represents at least 15 women or girls who have filed a lawsuit against Nassar and MSU, where Nassar worked for nearly 20 years, claiming Nassar sexually assaulted them during medical appointments.
The law firm's Facebook post quotes a portion of the article that includes White saying Nassar's defense is not strong, and that his law firm "unsuccessfully" spent "an enormous amount of time" trying to find someone in the medical community who could support Nassar's claims that he was performing legitimate medical procedures.
"The civil attorneys have been relentless in their quest to try their claims against Nassar in the court of public opinion," Newburg wrote in a brief in support of the motion. "... Here, when Judge O'Neill 'liked' White Law, PLLC's post, Judge O'Neill essentially publicly agreed with the opinion that medical treatments performed by Nassar were improper — an issue this court will undoubtedly have to address at the preliminary hearing."
O'Neill didn't return a message seeking comment.
Beryl Frenger, the court administrator for Eaton County's district and circuit courts, said Wednesday afternoon that an order of disqualification had been entered in the case. She added that it has been reassigned to Judge Julie Reincke, the county's other District Court judge.
Attorney General Bill Schuette's office is prosecuting Nassar. Andrea Bitely, Schuette's spokeswoman, declined to comment.
"I understand that this is a complex case," White said. "It involves people in multiple jurisdictions, more than 100 victims, and is going to bring out emotions and, in this case, a unique defense strategy as it applies to Judge O’Neil. But I think that you have to keep things in context."
He added that it's a "huge inferential leap" to say that a Facebook like translates to a judge having an opinion about the case that would prevent her from serving as an impartial judge.
A preliminary hearing in Nassar's case in Eaton County has been set for June. During that hearing, Reincke will hear testimony and evidence and then decide whether there is enough evidence for Nassar to stand trial on the charges in Eaton County Circuit Court.
Newburg, in court documents, said Nassar was "very concerned" about O'Neill's impartiality in his case, which will include the "legitimacy and acceptability" of medical treatments Nassar performed as "one of the central issues."
Dozens of women have told police or said in court records that Nassar sexually assaulted them during medical appointments, with many saying the assaults included digital vaginal or anal penetration.
Through a September statement from his attorneys, Nassar denied any wrongdoing and said he performed legitimate medical procedures.
Nassar, 53, of Holt, is facing 28 criminal charges split between state and federal courts. He's facing 25 sexual assault charges in state courts that directly relate to his role as a doctor, including seven counts of first-degree criminal sexual conduct in O'Neill's courtroom.
Nassar also faces three federal charges for obtaining, possessing and destroying video or images of child pornography.
He worked for decades at MSU and with USA Gymnastics. The university fired him in September, and he left USA Gymnastics in fall 2015 with little notice.
Nassar is a figure in national scandal about the way USA Gymnastics handles sex abuse allegations against its coaches and others.
Since September, more than 80 women or girls have filed lawsuits in state and federal courts against Nassar, MSU, USA Gymnastics and others, saying that Nassar sexually assaulted them during medical appointments and the organizations didn't do enough to protect them.
ContactMatt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter@MattMencarini. Contact him on Signal, a messaging app with end-to-end encryption, at 517-281-1939.