Eric Stearns' attorney tries 3rd time to disqualify judge

ST. HELENS, Ore. (KOIN) -- As the lawyer for a St. Helens High School teacher accused of sexual abuse tried to get the judge removed from the case, the judge in a Columbia County courtroom ruled Eric Stearns must remain behind bars indefinitely.

Stearns' attorney Jennifer Myrick -- who did not show up for a scheduled court appearance last Friday -- filed a third motion to disqualify the presiding judge. That caused Judge Nickolas Brajcich to set over the trial for a second time.

Myrick's previous motions accused the judge of fraudulently editing signatures and time stamps on court documents and raised concerns about his ability to be impartial. Both motions were denied without a hearing.

Judge Brajcich tried to set the record straight in a Monday court appearance.

“Unfortunately, counsel jumped to conclusions that simply were not true and have caused the delays that find us here today," the judge said.

He offered Myrick two options: waive any conflict with him and continue the scheduled hearing related to releasing Stearns, or have another judge assigned to review the third motion to disqualify Judge Brajcich from the case -- but waive Stearns' right to be released within five days.

Stearns, who has pleaded not guilty to 18 counts of sex abuse, will remain in jail as Myrick chose the second option.

"Once more, you told me that I'm incorrect," Myrick told the judge. "But of course, there's a substantial paper trail that shows that I am not wrong. One: Clarke did sign the order that has been taken out. Two, I did file that motion to disqualify on the 9th."

Her third motion to disqualify the judge highlights her concerns he would not be impartial. She further accused him of editing court documents, a claim the judge disputed in court on Monday.

Myrick later told KOIN 6 News a fair trial is a constitutional right.

That is something the judge also brought up in his apology to the victims who showed up to court -- only to be turned away for the second failed release hearing in four days.

"It takes incredible courage to speak out about sexual violence," said Amber Kinney, the attorney for 3 of the victims. "These victims deserve to have their voices heard and for justice to be rendered on their behalf and on behalf of the St. Helens community.”

Judge Brajcich vowed to ensure their voices will be heard whenever this release hearing takes place.

But he said he can't set a new hearing date as none of the Columbia County judges can hear Myrick's oral arguments.

KOIN 6 News will continue to follow this story.