Judge in Zimmerman case will decide on recusal by Friday

Published On: Apr 16 2012 12:22:33 PM EDT
Updated On: Apr 18 2012 01:14:18 PM EDT

The judge assigned to the George Zimmerman case says that she will soon issue a written order on the motion for her recusal.

SANFORD, Fla. -

The judge assigned to the George Zimmerman case said on Tuesday that she will issue a written order on the motion for her recusal by Friday at the latest.

Zimmerman's attorney Mark O'Mara filed a motion for his client on Monday asking for the recusal of Circuit Court Judge Jessica Recksiedler. Recksiedler is on temporary assignment with the Fla. Supreme Court in the Fifth District Court of Appeal in Daytona Beach, according to a release.

Recksiedler said she will issue a written order on the motion no later than Friday. O'Mara said he expects the written order to come as early as Wednesday.

Zimmerman 28 is charged with second-degree murder in the shooting death of Trayvon Martin on Feb. 26.

O'Mara arrived at the John E. Polk Correctional Facility earlier Monday to have Zimmerman sign the motion, which asks for Recksiedler to recuse herself so a new judge could be appointed by Zimmerman's Friday bond hearing.

"I'm sorry that right away as we get into the case, all of a sudden, there's the first problem," O'Mara said outside the jail Monday.

O'Mara became Zimmerman's attorney after being recommended by attorney Mark NeJame, who was contacted by Zimmerman's family. Recksiedler's husband, Jason Recksiedler, works at NeJame's law firm. Recksiedler has been a judge for nine months and was chosen out of a lottery to oversee the trial.

"Because she's related to Mr. NeJame's office and this case is going to get so much scrutiny, it makes sense to address it and resolve it now," O'Mara said. He said he doesn't suggest Recksiedler would be biased, but that it's better to address it sooner rather than later.

"It's much better now than later," O'Mara said when asked why he's filing the motion Monday. "That's the reason for this."

At a status hearing Friday, Recksiedler asked for the motion to be filed before the Friday bond hearing.

"If you choose to file a motion to disqualify me as judge, it has to be filed in writing for me to address it," Recksiedler said. "If you do choose to file, we do have a bond hearing set for next Friday," she said, asking that the motion be filed before then.

According to court documents,a motion was also filed Monday called "Media Companies’ Motion To Intervene, To Vacate Closure Order, And To Unseal Judicial and Public Records."

VIDEO:Some documents sealed

Zimmerman, a 28-year-old neighborhood watch leader, shot and killed Martin, 17, in late February. Zimmerman claims the shooting was in self-defense, but state prosecutors say he profiled the teen and was the aggressor in the shooting.

Zimmerman was not immediately arrested because police said there was no evidence to refute his claim of self-defense.

Florida's "stand your ground" law came under fire, and the lack of an arrest in the shooting prompted marches, rallies and protests across the country.

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