growing up

growing up

102214 JUDGE FAILS TO REMOVE JUDGE CASE FROM ADRIAN PETERSON CASE

11m ago
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A hearing took place Wednesday afternoon on whether to remove the judge in the felony child abuse case against Minnesota Vikings star Adrian Peterson. Peterson was indicted last month on a felony charge of injury to a child for using a wooden switch to discipline his 4-year-old son earlier this year in suburban Houston. Peterson has said he never intended to harm his son and was only disciplining him in the same way he had been as a child growing up in East Texas. He faces up to two years in prison and a $10,000 fine if convicted. Retired Tarrant County state District Judge Jeff Walker presided and heard testimony from both the state and the defense about the recusal of Montgomery County state District Judge Kelly Case. Walker would not allow the District Attorney’s Office to present any evidence that was more than ten days old. This included the comments made by Case and recorded by KHOU-TV stating the attorney’s were media whores. Apparently Case apologized but the fact was calling a prominent Houston attorney and an elected official a media whore was inappropriate First Assistant District Attorney told Judge Walker. In another matter he didn’t feel there was enough bias when Case had Magnolia teacher Margaret Young arrested after she failed to appear for jury duty, In March of 2013, Margaret Young, 44 of Magnolia received a jury summons in the mail at her home. The summons was for April 1, 2013, the first day her special needs children at Magnolia Junior High School were to return to the class room. Wanting to be there for the children the court allowed her to be with the children by allowing her to join the jury pool of almost one hundred fifty on April 29. On April 29th she received an email telling her she was not needed until the following day, April 30. As soon as she saw this she once again called Judge Kelly Case’s 9th District Court and told them she was unable to make her jury date. Ms. Young, who in addition to a sixth grade Special Needs teacher, tutors a young cancer student on her own time. Recently the student learned she was cancer free. Several months ago Young was asked to attend the Courage of Light Luncheon. The luncheon was sponsored by the Candlelighters. Every year, this luncheon gives Candlelighters the opportunity to honor young people who are lights of courage in their battle with cancer. They also represent the thousands of children living with childhood cancer. The young cancer patient was to be honored at the event. Young explained to the court why she could not make it, but was told she could not be excused. Brian Wice, the Peterson attorney alleged to have been a long time friend of Case, testified he wasn't Case's lawyer but only helped set up and conduct a television interview with the judge. Wice is a legal analyst for KPRC-TV. Yet he appeared in the television interview on KPRC Channel 2 with Case when Case defended his arrest of the teacher. Walker denied the motion to recuse Case. Grant tried to present additional evidence about a history of bias between the DA's office and Case over legal disagreements the two sides have had in recent years. But Walker didn't allow it, ruling the DA's office had failed to bring these issues up in a timely manner. After the hearing, Grant said prosecutors will now go forward and prepare for trial. Case has set a tentative trial date of Dec. 1. "We're going to hope Judge Case does the right thing, gives us a fair trial and at the end of that trial, we're confident that Mr. Peterson is going to be found guilty," Grant said. Rusty Hardin, Peterson's attorney, argued against removing Case, saying the bias claims did not rise to the level of recusing the judge. Brian Wice, the Peterson attorney alleged to have represented Case, testified he wasn't Case's lawyer but only helped set up and conduct a television interview with the judge. Peterson "has pled not guilty and he's ready to stand trial," Hardin said after the hear...