HAMPTON, Va. (WAVY) — The judge who presided over the murder trial for Cory Bigsby, convicted in March of killing his son, denied a motion Monday to recuse himself from 30 additional charges against Bigsby for child abuse and neglect.
Judge James Hawks listened to claims by defense attorney Curtis Brown that Hawks improperly seated a White female juror in the murder trial. Brown claimed the woman said before the trial began that she thought Bigsby was guilty. Hawks denied the claim and denied the motion to recuse.
“I was very disturbed, very concerned the way the jury was put together,” Brown said after the hearing, repeating what he said right after Bigsby was convicted of second degree murder in the death of his son Codi. That jury had nine White members and three Black members.
“It’s supposed to be a Black town, the mayor’s Black. The Commonwealth’s Attorney’s Black. All the three judges on the Circuit Court are Black. But they only let us get three (Black) jurors in it. It wasn’t a fair trial,” Brown said.
The charges of child abuse and neglect allegedly began in February 2021, several months before Codi was killed, and involves not only him but his three brothers as well. Codi had an older brother who testified at their father’s murder trial and two younger twin brothers.
Nancy Strickland is one of several mothers who are seeking justice for Codi and his brothers.
“Of course he will [get a fair trial],” said Nancy Strickland of the group known as We Are Codi’s Voice. “He got a fair trial last time. The judge was not biased whatsoever.”
Brown also moved for severance, which would have created 30 separate trials on the 30 charges of child abuse and neglect. Hawks denied that motion, and the trial for all 30 is set to begin in early February.
Prosecutors say Cory Bigsby, found guilty in March of killing his 3-year-old son Codi, left his children alone in their Buckroe townhome, and that led to the charges of child abuse and neglect.
Bigsby was sentenced to 45 years in prison in June and is serving his time at the state prison in Nottoway.
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