Circuit Judge Mike Smith is expected to recuse himself frompresiding over the capital murder trial of two Lincoln County menaccused of killing another man earlier this year.

Smith said he will grant a defense motion seeking the recusal onthe grounds that he contacted the Marvin Durr family to express hiscondolences following Durr’s June 18 slaying. Jerrard T. Cook, 17,of 2123 Madison Road, and Cearic A. Barnes, 18, of 830 BeauregardSt. are charged with capital murder in the killing of Durr, whoseburned car was found that morning on South Washington Street.

“The sole and only reason I’m recusing myself is to deny them agrounds for appeal if they are convicted,” said Smith, adding thathe planned to enter the recusal order Thursday.

The judge strongly rejected defense assertions that his contactwith the Rev. Jerry Durr compromised his ability to be fair andimpartial. Smith said he could be fair to the defendants, the stateand everyone involved in the case.

“There’s been nothing to impair that,” Smith said.

Smith said the Rev. Durr, who operates Brookhaven OutreachMinistries, had been helpful to the Mississippi Department ofCorrections regarding sentenced defendants. During courtsentencing, defendants are sometimes ordered to perform communityservice hours under the direction of Durr’s outreachministries.

The recusal motion was among a variety of motions filed in thecase. Another was a change of venue motion, Smith said.

Smith said the capital murder case would be transferred to JudgeKeith Starrett’s court, receive a new cause number, Starrett wouldtake over over the case.

In activity during a busy Tuesday in circuit court, 13defendants facing charges pleaded guilty. Four people weresentenced for felonies:

* Will Thomas, also known as Willie M. Thomas – 23, of 4160Summit-Holmesville Road, McComb – possession of a firearm by aconvicted felon. He was ordered to serve two years of a three-yearsentence, with the last year on post release supervision. Thesentence was to run concurrently with probation revocation inanother case. He was also to pay a $1,000 fine.

* Willie E. Humphrey, 30, of 1858 Pacific Hill, Bogue Chitto -unlawful possession of cocaine with intent to distribute. He wasordered to serve the first three years of an eight-year sentence,with the last five on post release supervision. The sentence is torun concurrently with probation revocation in another case and hewas to pay a $3,000 fine, $50 restitution, and to seek after caretreatment following his release.

* Larry Russell – 55, of 1224 Union St. – two indictmentstotaling one count of burglary of a dwelling and three counts ofburglary of an automobile. He was sentenced to a total of 14 yearsand ordered to serve the amount of time needed for him to completethe therapeutic community-long term alcohol and drug treatmentprogram. The remainder of the time is to be served on post releasesupervision. He was also ordered to seek after care treatment, topay a $500 fine and full restitution to all parties.

* Timothy Glenn Rose – 28, of 3158 Pleasant Hill Dr., BogueChitto – two counts of uttering forgery. Smith withheld acceptanceof Rose’s guilty plea and placed him on non-adjudicated probationfor two years. The probation is conditioned on Rose’s paying a $175restitution and a $1,000 fine.

Other defendants who pleaded guilty are scheduled to besentenced Nov. 1:

* Michael J. Veneroso, 33, of 1414 N. Jackson St. – twoindictments totaling three counts of false pretense, grand larceny,conspiracy and felony bad checks.

* Heath E. Garay, 20, of 1577 Opelousas Lane; and Lakisha V.Boling, 23, of 1570 Clark Travis Lane – three counts of falsepretense, grand larceny and conspiracy to commit grand larceny.

* Robert Bryan Smith – 32, of 2814 Pearlie Dr. – burglary of adwelling.

* Derek Preston Gilliland, 21, of Kentwood, La. – armedrobbery.

* Nicole Pybus, 26, of 2041 Steel Creek Road, Georgetown -uttering forgery.

* Josh Paul Sicard, 37, of 19, of 207 East Court St. – grandlarceny and conspiracy.

* Harrison Thomas Arnold, 35, of 1051 Eagle Trail – 11 counts offraudulent use of identity.

* Lionel Jackson, 22, of 2123 Anderson Road – unlawful sale ofmarijuana within 1,500 feet of a school.

Other defendants facing omnibus hearings Tuesday either hadtrial dates set or had their cases continued for various reasons,court officials said.