LEXINGTON, Ky. (LEX 18) — A woman accused of stealing more than $30,000 from former University of Kentucky women's basketball coach Kyra Elzy is seeking to have the judge removed from her case less than a month before trial.
Marjorie Gonzalez appeared in Fayette Circuit Court on Thursday for a hearing on her attorney's motion asking Judge Lucy VanMeter to recuse herself from the case. Gonzalez is scheduled to stand trial June 15 on five theft charges related to her time as Elzy's personal assistant.
Gonzalez is accused of stealing household belongings and money from a foundation Elzy established for underprivileged children. Elzy says home security video captured Gonzalez taking items from Elzy's residence.
Gonzalez's attorney argued that VanMeter should step aside, citing concerns about impartiality. The defense claimed the judge has sided with the alleged victims' demands for harsher sentences rather than accepting plea agreements negotiated between the defense and special prosecutor.
The motion also referenced emails sent directly to the judge from the alleged victims. Dexter Lander, Elzy's husband, defended their communications with the court.
"As victims in this matter, we felt it was necessary through these proceedings to advocate for ourselves," Lander said.
The case has taken several turns since charges were filed. Last summer, Gonzalez pleaded guilty to theft charges and received an eight-year sentence, but later withdrew her plea and requested a trial. Earlier this month, she sought to enter another guilty plea that would have made her immediately eligible for parole, but VanMeter rejected the agreement and ordered the case to proceed to trial.
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Marjorie Gonzalez wants to withdraw guilty plea to thefts after lengthy sentence
"Once she agreed to trial, that is what they wanted and so that is what they should get," Elzy said at a May 5 hearing.
The defense is also seeking to exclude video recordings of Gonzalez as evidence.
VanMeter did not rule on the recusal motion Friday, saying she would issue a written decision after reviewing the case.
Court records show Gonzalez has faced additional legal troubles while the case was pending. While previously released on bond, she was charged with shoplifting at Macy's department story and using a Red Mile customer's credit card for cosmetic procedures, charges to which she pleaded guilty and received probation.
She remains lodged in the Fayette County Detention Center awaiting trial.
