Outside judge will hear cases against Sen. Louise Lucas and others charged in Confederate monument vandalism

Portsmouth — An outside judge will hear the cases of more than a dozen people charged with felonies — including state Sen. Louise Lucas — stemming from a June protest at the Portsmouth Confederate monument.

Portsmouth General District Judge Morton Whitlow said Friday in court that the state Supreme Court has been contacted to assign a judge.

Lucas and others charged appeared with their attorneys in a crowded, yet socially distanced, courtroom Friday, where they were scheduled for arraignment, a formal reading of the charges against them. Whitlow then came to the bench to explain a special judge — one from outside Portsmouth — will handle hearings in the case.

He set a Sept. 17 date for future court dates to be decided.

[ Previous coverage: Portsmouth prosecutor fights effort to subpoena her in Confederate monument case ]

Whitlow did not explain why Portsmouth judges won’t handle the case. But in general, judges recuse themselves when their relationship with a party to a case presents a conflict of interest. In this case, those charged include prominent political and legal figures in the city: a state senator, a School Board member, five NAACP officials and three public defenders including the chief of that office.

In addition, a Portsmouth police investigator listed a city general district judge, Douglas Ottinger, as a witness.

In the afternoon June 10, protesters began spray painting the monument ahead of a rally scheduled for that night. While demonstrators protested, the City Council postponed a decision on moving the monument, an issue it has long debated. A contractor has since begun dismantling the structure.

Later that night, protesters poured paint on the monument and broke it apart. A statue of a soldier fell on a man, seriously injuring him.

While some of the those charged were there that day, it’s not clear whether any of them are accused of being at the monument hours later, when the man was hurt. Lucas left hours earlier.

In all, 19 people have been charged with felonies.

Margaret Matray, 757-222-5216, margaret.matray@pilotonline.com