Black recuses himself from Srebnik murder trial

ALPENA -- A new judge will preside over the murder trial of Brad Srebnik after 26th Circuit Court Judge Ed Black recused himself on Friday.

Srebnik, who denies all charges, stands accused of killing Alpena women Brynn Bills and Abby Hill in 2021. His trial is slated to begin on Jan. 29 and last two weeks.

On Friday, Black assigned the case to 88th District Court Judge Allen Curtis, who oversaw jury selection while the state considered whether Black should recuse himself in part because Black had prosecuted Srebnik in a previous case when Black served as Alpena County prosecutor.

"It is far preferable that a single judge preside over all the aspects of a trial," Black said in his order assigning the case to Curtis.

Defense attorney Patrick Cherry had earlier filed a motion calling on Black to recuse himself. Black denied that motion, and Cherry then requested the State Court Administrative Office review Black's decision.

After jury selection on Thursday, 28th Circuit Court Judge Jason Elmore, appointed by the State Court Administrative Office, affirmed Black's denial of Cherry's motion, which would have allowed Black to continue to oversee the case.

The next morning, however, Black transferred the case to Curtis.

Black said previous case rulings say the judge who oversees jury selection should remain behind the bench throughout the balance of the court proceedings.

"It is not demanded," Black said. "It is just preferred."

Cherry said Friday he was surprised by Black's sudden change of heart.

Cherry said he wanted a review of Black's decision to not recuse himself because there were several reasons he believed Black should not oversee the trial.

In addition to Black's previous prosecution of Srebnik, Cherry said Black earlier in the current case approached Srebnik's codefendant, Josh Wirgau, and asked him when a potential plea deal would be done.

Cherry said his client, Srebnik, wasn't offered the same consideration and that showed a bias on Black's part.

"He never did that for my client before any evidence for the case was even introduced," Cherry said. "I believe he had already predetermined who was going to get the deal."

Before earlier denying the motion to recuse himself, Black denied Cherry's allegation, saying he never discussed any potential deal with Wirgau.

Black said Friday Cherry's allegation had no merit and added that Elmore sided with Black.

Wirgau in November pleaded guilty to accessory after the fact and disinterment and mutilation of a body in the death of Bills and involuntary manslaughter in the death of Hill. Charges of first-degree murder and felony firearm will be dropped.

Wirgau could face up to 30 years in prison. He originally faced up to life in prison.