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Posted: Wednesday, 02 July 2008 2:34PM

Court Rejects Prosecutor's Appeal

Southfield (WWJ)  -- The Michigan Court of Appeals has denied a request from Wayne County Prosecutor Kym Worthy to remove 36th District Court judges from handling the criminal case involving Detroit Mayor Kwame Kilpatrick and his former Chief of staff Christine Beatty. 

In the ruling, the Appeals Court judges write the prosecutors office conceded that there is "no judge of the 36th District Court that has an actual bias mandating recusal."

To view a copy of the ruling, click here.

Worthy has said all of the judges, including Ronald Giles who will hear the case, should be dismissed from the case because some of the witnesses in the perjury and conspiracy case are 36th District Court judges.

Worthy issued a statement shortly after the ruling that said:   "We respect the Court of Appeals and while this is not surprising it is extremely disappointing.  If you cannot recuse a judge on these facts, then you cannot ever recuse a judge.  This should be of extreme concern to the entire legal community in the State of Michigan, both prosecution and defense.  Clearly a rule change is needed.  We will have to evaluate whether we will take this to the Supreme Court."

Kilpatrick and Beatty were charged March 24th.  A preliminary hearing to determine if the two will stand trial is scheduled for September 22nd.

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