Wheeling Supreme Court Justice Menis Ketchum has denied Wheeling attorney Robert McCoid's request to have judge Arthur Recht removed from the Mathew Kotson case.
Ketchum made the ruling earlier Thursday.
According to authorities Recht allegedly made comments Kotson and McCoid felt were prejudiced and unfair as the reason for the request.
Kotson , a former Wheeling Police officer is charged with four counts of sexual abuse in the first degree, two counts of sexual assault in the second degree, and one count of burglary.
Wheeling Attorney Robert McCoid, who has been handling the case since December, filed a motion to get Judge Arthur Recht removed from the case because he claimed Kotson would be unfairly prejudged due to previous comments made by the Court. McCoid said he wanted a fair and impartial jury.
7News reached out to McCoid who says he does not comment on an active case.
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.