A Hillsborough County judge refused to step aside Wednesday in the trial of a man charged with killing a 3-month-old and leaving his body alongside Interstate 275.
Circuit Judge Gregory Holder denied a request to remove himself from the case of Richard Anthony McTear Jr.
McTear's attorney said Holder was prejudiced against McTear based on a dust-up the judge and defendant had last week that led to the suspect being led from the courtroom.
McTear's public defenders also argued Holder was trying to move the case along too quickly considering their client was facing the death penalty.
Holder denied the request in a two-page order in which he said the defense claim "fails to meet even the absolute minimum standards with respect to legal sufficiency."
The ruling came before a hearing in which attorneys for WTVT-TV, Fox 13, tried to block defense subpoenas to take depositions from three employees. Holder granted the television station's request.
Last week McTear interrupted prosecutor Jalal Harb, which brought a tongue lashing from Holder. The judge said any further outbursts could make him find McTear in contempt of court or to gag him with duct tape.
The judge and defendant exchanged words, prompting Holder to yell at McTear to "shut up."
McTear continued to speak, telling the judge "Don't disrespect me like that."
That prompted Holder to order bailiffs to remove McTear. He was returned after five minutes and being calmed down by his attorneys. McTear apologized for his conduct.
The public defenders said that the "degree" and "volume" of Holder's comments and his expression during the exchange "suggested" he was biased against their client.
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