Prosecution's motion to remove judge for bias in Adrian Peterson case set for Wednesday

Adrian Peterson will return to a Texas courtroom Wednesday to hear the prosecutor argue for a new judge in the felony child-endangerment case of the Minnesota Vikings player.

In his motion, Montgomery County District Attorney Brett Ligon cited what he called an ongoing campaign of disparagement of his office by Judge Kelly Case, including Case's calling Ligon, and Peterson's defense attorney, media "whores." Ligon detailed several incidents stretching back to Case's election in 2012, including the judge's threat to jail the prosecutor.

"Case continues to demonstrate an ongoing aversion and hostility to the law and to the district attorney's office," the prosecution's motion says. "The state cannot reasonably overcome the ongoing prejudice and bias."

Retired Judge Jeff Walker of Fort Worth will hear the case Wednesday in Conroe, Montgomery County, which is just north of Houston. He is expected to rule quickly, although the hearing could be delayed because Peterson's attorney is scheduled to be out of town.

The next hearing in Peterson's case is set for Nov. 4.

At the end of Peterson's brief hearing last week, Ligon asked Case to apologize for calling lawyers on both sides of the case media "whores" and recuse himself. The prosecutor since has added reasons for removal that include Case allowing cameras in the courtroom without pre-arrangement, making erroneous rulings on other matters, and conducting improper discussions with defense lawyers to arrange for a possible Dec. 1 trial date for Peterson.

Peterson, 29, was indicted last month on a felony charge of criminally whipping his 4-year-old son with a switch while the Minnesota boy was visiting him in Texas. The running back has said he underwent the same type of discipline as a child.

To back up their motion, prosecutors submitted sworn statements by court personnel who heard Case make the "whore" comment on Oct. 2 as they casually discussed how the judge would handle media for the case. Legal assistant Vanessa Atkinson said Case turned to a prosecutor and said, "I'm sorry, Frank, but you have Brett Ligon, who is a camera whore," adding that Hardin is one, as well.

Assistant District Attorney Frank Barnett signed a similar statement. Hardin doesn't plan to argue against the judge's removal. About the "whore" comment, Hardin said in court, "I've been called worse." Case declined to comment on Ligon's motion.

The dispute between the judge and Ligon's office goes beyond name-calling.

Prosecutors say they have been "forced to file an unprecedented number of petitions" to force Case to "set aside unlawful orders." Four times the state Court of Appeals ruled in favor of prosecutors and in the fifth, the judge withdrew his "unlawful order," saying he had signed it in "error" and blamed prosecutors for his "unfavorable media coverage," the motion said.

In April 2013, Ligon declined to file a contempt charge against a schoolteacher whom Case had jailed for failing to arrive for jury duty even though the maximum penalty was a $1,000 fine. When Case went on television to explain his "error," he sat next to attorney Brian Wice, who appeared to be representing him, the motion said. Along with Hardin, Wice was in court with Peterson last week.

Just last week, prosecutors said Case allowed media to set up video and audio recording devices inside the jury box during the hearing with live audio feeds picking up confidential conversations. Before last week's hearing, news media reported the possibility of the Dec. 1 trial date — something prosecutors knew nothing about.

At the hearing last Wednesday, Case set a tentative trial date of Dec. 1, "appearing to confirm that the media sources and/or defense" had been consulted, the motion said.

The dispute over the judge isn't likely to slow down Peterson's case. Assistant District Attorney Phil Grant said he expects the case to proceed quickly after the recusal matter is settled.