Christian Ketchup’s murder case will continue as scheduled after his motion to disqualify the presiding judge was denied Sept. 9.
Ketchup is scheduled to begin trial proceedings Sept. 15 for allegedly killing Tierra Binion in the Mugs & Jugs parking lot in 2023. He motioned to have Judge Amy Brodersen disqualified from presiding over his case due to what he felt was “a genuine belief (he) will not receive a fair trial or fair consideration on pretrial rulings before Judge Brodersen” due to a “bias” against him.
In Ketchup’s affidavit to the motion, he claims Brodersen relied upon fabricated evidence, misquoted a Florida statute pertaining to his Stand Your Ground motion and “faulted (him)” for asserting his constitutional right to silence to “deny (his) immunity claim.”
Although Ketchup outlined details of why he felt he could not get a fair trial, Brodersen’s decision to either grant or deny the motion solely relies on the legal sufficiency of the motion, not the facts outlined within the motion, according to the Florida Rules of General Practice and Judicial Administration.
According to the rule, grounds to file a motion to disqualify must meet criteria related to the party reasonably fearing he or she will not receive a fair trial due to various factors specifically described in the motion.
Based on Ketchup’s statements, it appears the motion was filed under the grounds that he “reasonably fears that he … will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge” or “the judge has prior personal knowledge of or bias regarding disputed evidentiary facts concerning the proceeding.”
Since Brodersen denied the motion as legally insufficient, Ketchup’s jury selection set for Sept. 15 remains scheduled.
The News Journal reached out to Ketchup’s attorney, Thomas McGuire, but did not receive a response.
Why does Christian Ketchup fear he would not get a fair trial?
Ketchup’s main objection to Brodersen presiding over his trial revolved around his failed Stand Your Ground motion to dismiss that the judge denied in August.
“It appears to me that Judge Broderson intentionally misquoted F.S. 790.06(12)(a)12 to deny my claim to immunity,” Ketchup claimed. “That statute makes it illegal to carry a gun in ‘the portion of the establishment’ which primarily serves alcohol.
“My attorney even cited a case in paragraph 25 of my motion to dismiss, which held that it was legal to carry a gun in the parking lot of a place that served alcohol because alcohol was not served in the parking lot,” he continued. “Yet, when Judge Broderson referenced the statute, she totally ignored the language in the statute that the gun must be in the portion of the establishment which served alcohol. I do not think such a misreading of the statute can be an oversight.”
He also claimed Brodersen “faulted” him for maintaining his right to silence following his arrest in 2023 when the judge mentioned in her order that “at no time when defendant talked to law enforcement did he admit that he had shot (Binion) or that she had reached for a gun prior to shooting her multiple times.”
Other than stipulating that the attorney must certify the client’s statements are “made in good faith,” the rule does not provide a way for the attorneys or judge to consider or argue the merit of the claims, rather the judge only makes a ruling based on the legal sufficiency of the motion.
What happened to Tierra Binion on Aug. 23, 2023?
Ketchup and his girlfriend Rachel DeRise were at Mugs & Jugs Aug. 23, 2023.
As other fights broke out in the parking lot, DeRise and Binion began fighting, at which point Ketchup said he intervened. Ketchup says he decided to get his girlfriend and leave, but as they were leaving Binion grabbed him by the shoulder, turned him to face her and started yelling angrily at Ketchup “about her gun.”
Video surveillance from Mugs & Jugs shows a portion of the fight between Binion and DeRise, which also shows Ketchup punching Binion in the face, causing her to fall to the ground in a possible semi-conscious state. DeRise then jumped onto Binion and began punching her.
Ketchup pulled DeRise off Binion, brandished his firearm and shot Binion 10 times as she lay on the ground.
Ketchup confessed to shooting Binion but claims it was in self-defense.
During a hearing, Ketchup claimed he was in fear of his life because Binion’s boyfriend, Marquis Chapman, allegedly threatened Ketchup with a firearm.
This article originally appeared on Pensacola News Journal: Judge denies motion to disqualify herself in Christian Ketchup’s Mugs & Jugs murder case
Reporting by Benjamin Johnson, Pensacola News Journal / Pensacola News Journal
USA TODAY Network via Reuters Connect
