Peterson judge won't recuse himself

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Tuesday, October 14, 2014

A Montgomery County, Texas judge refused to recuse himself Monday in Adrian Peterson's felony child abuse case, rejecting the prosecutors' request to step aside because of what they termed bias and various recent legal disagreements.

The decision on Monday by Judge Kelly Case, who sits on the Montgomery County 9th District Court, comes after Case was said to have referred to the lead attorney for each side as "media whores."

A hearing to weigh the prosecutors' argument for replacing Case as presiding judge in the Peterson case has been scheduled for Wednesday.

However, Assisant Montgomery County District Attorney Phil Grant said Peterson's lead attorney, Rusty Hardin, is scheduled to be out of town Wednesday and the hearing may be rescheduled.

Case apologized at Peterson's first court appearance Wednesday, saying the comment was meant as a joke.

In related developments Monday, Peterson has entered a formal plea of not guilty on the abuse charge he's facing for using a wooded switch on his 4-year-old son. The plea was entered Oct. 8, the day of his court appearance, but not made public until Monday afternoon.

Peterson has been free on $15,000 bond on a charge of felony child abuse. A trial has tentatively been set to begin Dec. 1.

There cannot be any action on the bond revocation or any arrest warrant issued before a hearing is held on whether Case should be recused.

Peterson has been on the NFL's exempt/commissioner's permission list since Sept. 17, and he is receiving his full $11.75 million salary. Yet he is barred from all Minnesota Vikings activities until his case is resolved.

The Associated Press contributed to this report.

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