Fayette County judge recuses himself in case involving convicted sex offender placed on house arrest

FAYETTE COUNTY, Ala. (WBRC) - A Fayette County judge has recused himself from a case involving a convicted sex offender and is amending his order that initially placed the inmate under house arrest.

A long, detailed letter of recusal was filed Sept. 11 by Judge Samuel Junkin detailing why he initially ordered Timothy Benton to finish the remainder of his 17-year-sentence under house arrest.

The initial order, filed in June of this year, allowed Benton to also travel to his family’s home in Gulf Shores.

The decision created backlash and community members held protests opposing the decision.

Judge Junkin in his letter says that providing for Benton’s health and safety has been challenging and often times impossible for the Alabama Department of Corrections (ADOC) due to brain injuries Benton suffered in a car accident.

The judge also said that by putting Benton under house arrest, he would not be eligible for parole.

In his letter, the judge says he later learned that the family’s Gulf Shores home was not in compliance with the Sex Offender Registration and Notification Act rules.

Junkin also amended his order Thursday so that Benton is not allowed to leave his family’s home in Fayette County except for medical treatment.

District Attorney Andy Hamiln has already recused himself in the case, citing a conflict of interest.

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