Judge Joseph K. Williams won't recuse himself from the retrial of a man accused of starting a fire in 1995 that killed three firefighters, saying prosecutors who sought a new judge failed to back up claims Williams harbored a grudge against the ATF or a potential expert witness.
Williams granted the retrial for Gregory Brown, 38, after a 2012 Post-Conviction Relief Act hearing, on the grounds that the prosecution did not tell jurors that two key witnesses were promised thousands of dollars in exchange for their testimony.
Brown had been convicted on three counts of second-degree murder in 1997 and given three consecutive life sentences for setting the fire at a house in East Hills. Firefighters Patricia Conroy, 43, Marc Kolenda, 27, and Capt. Thomas Brooks, 42, died when an interior stairwell collapsed.
“Everyone wants and expects a level playing field,” Williams said in his ruling Wednesday. “When one party doesn't like a result and wants a different judge, that doesn't create the perception of a level playing field.”
The district attorney's office could appeal the judge's decision. The case is tentatively scheduled for a February retrial.
“We are surprised by this decision. We will review the judge's order to determine which course of action is appropriate,” said Mike Manko, spokesman for the District Attorney's Office.