Terminated Wheeling Police Officer, Matthew Kotson and his attorney Robert McCoid filed a motion Tuesday to have Judge Arthur Recht removed from the case.
The motion was filed due to Kotson and McCoid feeling unfairly prejudged due to previous comments made by the court.
The Court described the allegations, if believed by the jury, as "heinous." The actions and words by the jury has cloaked of Kotson's accusers.
Even if this does not actually contain a bias, the Court's comments convey the slightest appearance of impartiality, requires the Court's disqualification.
McCoid would like a fair and impartial jury, which he feels would not be granted to him and his client had a motion not been filed.
The trial is scheduled for Sept. 4.