Prosecutors appeal judge’s move to stay on Perry cases

As expected, prosecutors appealed a judge’s decision not to recuse himself from two cases tied to the Perry sexual abuse scandal.

Judge Nikki G. Leach denied the motion by Noble County District Attorney Brian Hermanson at a hearing for math teacher Jeffrey Sullins last week.

Sullins and Principal Kenda Miller are accused of failing to report accusations made by multiple girls at the Upper Elementary School. Both are facing misdemeanor charges and have been suspended without pay.

Arnold Cowen, 86, is accused of molesting multiple girls at the school.

Prosecutors argued that Leach cannot rule fairly because his daughter-inlaw “directly recruited” Cowen “to work as a volunteer” at the school. Leach has recused himself from Cowen’s case.

Lucinda Leach, the judge’s daughter-in-law, teaches science and social studies to fourth-graders at the Upper Elementary.

Hermanson also filed a motion for Leach to recuse in Miller’s case. She is scheduled to appear in court on March 23.

The district attorney filed appeals on Tuesday. He is asking Kay County District Judge Phil Ross — the administrative judge — to grant the state’s request for Leach to recuse from the Sullins and Miller cases.

Ross had not issued a ruling in the case Wednesday, Hermanson said.

Cowen, of Perry, is charged with 22 felony counts, including 18 counts of lewd or indecent acts with a child. He is accused in the charge of inappropriately touching 10 girls ranging in age from 10 to 13.

Cowen told a police investigator he “fondled” and “molested” female students in math class and in the hallways of the school, an affidavit states.

The former volunteer teachers assistant was arrested Jan. 27 and released three days later. Leach, the judge assigned to the case, set his bond at $50,000 before recusing himself.

Another judge subsequently denied requests by Hermanson to jail Cowen and raise his bond to $250,000. He did so on the condition that Cowen stay away from parks and schools or risk arrest. He can attend church, but is not allowed to be around children.