State v. Wainwright

I,STEVEN R. PLOTKIN, Judge.

The defendant, Gary Wainwright, is a long time defense lawyer who was a candidate for the office of Orleans Parish District Attorney. Mr. Wainwright argues that District Attorney Harry Con-nick and the entire Orleans Parish District Attorney’s office should be recused from this case since Harry Connick supported Dale Atkins, a candidate running against the defendant in the election for District *124Attorney.1 The burden of proving a personal interest under La.C.Cr.P. art. 680(1) rests with the defendant, who must prove it by a preponderance of the evidence. The…