Memorandum Opinion and Order
Pending is Defendants’ motion to recuse or disqualify the Office of the United States Attorney (US Attorney) for the Southern District of West Virginia or such of its members as the Court may deem appropriate. A hearing was held on the motion December 9, 2002. Present were the Defendants, in person, and by counsel, John G. Hackney, Jr., counsel for Dyess, Thomas J. Gillooly, counsel for Spencer, and Robert A. Ratliff, counsel for Bartram. The Government was represented by Assistant United States Attorney (AUSA) Philip H. Wright and AUSA Monica K. Schwartz. The Court took the matter under advisement and, having reviewed Defendants’ arguments presented at the hearing and in written briefs, now GRANTS Defendants’ motion to disqualify the Office of the United States Attorney for the Southern District of West Virginia.