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Published: June 28, 2007 4:51 a.m.

Judge quits case where son has role

By Dionne Waugh
The Journal Gazette
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Allen Superior Court Judge Fran Gull recused herself from a case Wednesday after learning her son, an Army recruiter, was involved in the case.

When Ericka M. Anderson did not appear in court June 18 for a pretrial hearing, her defense attorney, Al Anzini, told the judge her Army recruiter – later identified in documents as Army Sgt. Cody C. Gull – had convincedAnderson the charges against her had been dropped.

Anderson, 22, of the 15000 block of Windover Trail, was charged in February with possession of a controlled substance, a felony, as well as resisting law enforcement, operating a vehicle with a blood-alcohol content higher than 0.15 percent and operating a vehicle while intoxicated, all misdemeanors.

She’s accused of repeatedly wiggling out of police handcuffs during a traffic stop. Police said they also found prescription painkillers belonging to someone else in her purse, according to court documents.

Court officials were notified in May when Anderson did not appear for an appointment. Officials told the court they’d discovered Anderson had enlisted in the Army and was at Fort Leonard Wood, Miss. Without permission to leave the state, Anderson was in violation of her bond.

Last week, Fran Gull revoked Anderson’s bond for the violation but declined to recuse herself despite a request from Anzini. At the time, she said she had no reason to recuse herself even though the case involved her son’s recruiting station.

On Wednesday, when Anderson appeared in court, Judge Gull recused herself from the case upon learning her son was Anderson’s recruiter. She did not know her son was the recruiter last week, only that it was his recruiting station, she said.

According to paperwork filed by Anzini on Wednesday, Sgt. Cody Gull is listed as Anderson’s recruiter on a “Recruiting Command Future Soldier Pre-Execution Checklist.” The form appears to be a list of tasks that must be checked before someone can enlist. The questions include physical fitness, educational background and whether the person has a criminal record.

Under the question on the recruiting form for “Is there any pending court action,” the box had been checked “no,” and there is an illegible signature of someone from the Superior Court whose title is listed as court clerk. But no one in the Allen Superior Court clerk’s office or misdemeanor and traffic court office recognized the signature as that of an employee.

The documents were dated April 30.

According to Judge Gull, her son has been advised not to speak to the media by his captain, who referred questions to the public affairs office in Indianapolis.

“We are still researching and gathering facts,” said Mary Auer, the public affairs officer for the U.S. Army’s Indiana Recruiting District.

Anderson, who is scheduled to face a jury trial in August, will be in court again today when Judge John F. Surbeck will decide whether to release her on bond again. Her status with the military was unclear Wednesday.

dwaugh@jg.net