Judge accused of leaving defendant ‘threatening’ voicemail recuses himself from case

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Hon. Judge Kenneth Post (file)

OTTAWA COUNTY, Mich. — The Ottawa County district judge who was accused of leaving a defendant a threatening voicemail has recused himself from the case.

Judge Kenneth Post is no longer presiding over the case of Phillip Mallery after Post left Mallery a voicemail when he failed to show up for a scheduled court appearance,  according to Judge Bradley Knoll.

Josh Blanchard, Mallery’s attorney, told FOX 17 that he filed a motion June 16 to disqualify Judge Post from presiding over the case because the voicemail “suggests a likelihood of bias.”   Blanchard also said he filed a request for investigation with the Michigan Judicial Tenure Commission.

Mallery, 23, was scheduled to appear in Judge Post’s courtroom June 11 after being arrested and accused of driving an unregistered moped without a license.

“We’re waiting for you because you’re supposed to be here today… it would appear as though you’re not coming today so a bench warrant is being issued for your arrest,” the voicemail said.  “My strong suggestion is that you, when you get this message, you keep going because if I find you it will not be pleasant.   Have a good day.”

Blanchard wouldn’t say why his client never appeared in court on June 11, but acknowledged his client is no stranger to run-ins with police. Records show Mallery has a history of drunk driving and breaking and entering.

“I don’t think if somebody has made a poor decision in their past that means we shouldn’t be fair to them this time,” he said. “Here (Post) apparently made a decision based on the fact my client wasn’t in the courtroom. He didn’t give any thought to whether something bad had happened.”

It’s unclear which judge will replace Post in Mallery’s case.

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  • genebradshaw

    He merely wants people to take responsibility for their actions. I’ve appeared in front of him 4 times and each time i have admitted my mistakes and took action to better myself and not one time did i go to jail. His methods put such fear into me that i quit doing dumb “shit”! He has made me a better man. If he reads this i just want to say THANK YOU!

  • Spot

    This is becoming a yearly thing with this loser. I think we have enough to prove a pattern of behavior and remove him from the bench.

  • commonsense

    It appears that this pos Phillip Mallery needs a long time in prison to think about what a loser he is. I want tough judges putting scumbags away for long periods of time.

  • djmichaelangelo

    “He didn’t give any thought to whether something bad had happened” = Josh Blanchard, typical shyster attorney *lol* if that were REALLY the case, they he would’ve stated it (i.e. my client suffered a seizure and was in the hospital at the time….or my client was at his mother’s funeral and was so overcome with grief he forgot all about his court date). Instead, the truth is probably more like his lazy good-for-nothing client, the “lawfully-challenged” Phillip Mallery probably slept through his court date, or got drunk the night before and was hungover, or decided to blow it off cuz he couldn’t get a ride, etc. Serial losers like this need to be locked away for the good of society. Give ’em the chair!