ORLANDO, Fla. — Chief Judge Fred Lauten ruled Monday afternoon that he will not recuse himself from Markeith Loyd's case.
Loyd's attorneys said they filed a motion asking Loyd to recuse himself because Lauten signed several warrants during the time Loyd was at large, including his arrest warrant.
Loyd is accused of fatally shooting Sade Dixon, his pregnant ex-girlfriend, and Orlando police Lt. Debra Clayton.
Lauten said last month that he volunteered to take on the case because his caseload was lighter than that of the judge to whom it was assigned.
Loyd's attorneys said Lauten signed six search warrants and authorized wiretaps of phones used by Loyd and others while Loyd was at large.
Prosecutors said Monday afternoon that there is no legal ground for recusal, so the motion was denied.
"The fact that a trial judge has received evidence relating to a defendant's case, even when received ex-parte, does not establish an objectively reasonable fear the defendant will not receive a fair or impartial trial," the state said.
WFTV legal analyst Belvin Perry Jr. said the motion was a delay tactic.
Loyd's next hearing is scheduled for January. The trial for Dixon's case is scheduled to begin in May.
#Breaking Judge Fred Lauten will not recuse himself from the #markeithloyd case. The judge signed the order this afternoon. More coming up at 5 and 6 on @WFTV
— Shannon Butler (@SButlerWFTV) December 10, 2018
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