Man Accuses Judge of Bias in Property Crimes Case

A man facing felony charges for theft and selling stolen property raised accusations of bias against Judge David Kreider at his case management hearing last week. 

Jeremy Brumbaugh, 47, was arrested in April for allegedly stealing $300 worth of batteries at Lowe's and then attempting to sell them to a pawn shop. He’s been detained in the Alachua County Jail for the past five months on a $17,500 bond. Court records show the Public Defender’s Office has not motioned for bond reduction. 

At his case management hearing held August 26, Brumbaugh’s public defender, Katie Rice, said when she last spoke with her client she showed him a plea offer from the State Attorney’s Office and he asked her to submit a counteroffer. She said the state denied her request and that she is ready for trial.

Brumbaugh responded that he understands what Rice is talking about with the trial but thought they were present to file a motion to compel the State to release video evidence. 

“No,” Rice responded. “We discussed that at your last hearing, but the court informed us that because the State is not in possession… The State has issued a subpoena for that evidence.”     

Kreider told Brumbaugh he can’t tell the State to give him something they don’t have.

Brumbaugh told Kreider, “The State’s willful and intentional withholding of the discovery has irreparably harmed my preparation for trial.” 

“I’m not sure that’s the case—they have lots of cases,” replied Kreider. 

Brumbaugh alleged that at a previous hearing, Kreider said the state withholding evidence wouldn’t give him a “get out of jail free card” and that he felt the statement was biased in favor of the state. 

Kreider replied that he would have to review the transcript to check his words and said that if he did make a biased statement, Brumbaugh has plenty of other options for a judge in the Alachua County Criminal Court. 

Brumbaugh said he wants to motion for a different judge and Kreider said he could do it away from his presence. Rice told Brumbaugh she has submitted a request for a video of the hearing.

“What about the Richardson hearing?” Brumbaugh said, in reference to a hearing where the court investigates accusations of evidence-related violations. 

“We discussed that’s not timely,” responded Rice.

Brumbaugh will appear in court again on September 8 for a pretrial conference.