Peculiar Petunia
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- Apr 27, 2008
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I've been really curious about the state's motion for the judge to recuse himself. Is the defense giving us a hint?
Abood says there are several criteria required in order to satisfy the substitution motion filed by the State's Attorney. He says case law suggests that the mere assertion of prejudice against the State is all that is required and then the burden shifts to the Defendant opposing the Motion to establish that the Motion was made for some improper purpose.
"The State's Attorney will not be able to show, or establish, actual prejudice on the part of Judge Schoenstedt, or that there was a previous relationship between Drew Peterson and the Judge. Both claims are wholly without merit," says Abood.
http://www.prnewschannel.com/absolutenm/templates/?a=1404&z=4
I don't think I've ever heard of a case where the judge was prejudiced against the state before.:waitasec: Could he have presided in cases where Drew Peterson was involved before?