DAYTON, Ohio -- A judge on Tuesday removed himself from the case of a Dayton woman accused of killing her baby by burning her in a microwave.
Visiting Montgomery County Common Pleas Court Judge John Kessler filed an order stepping down from the case of China Arnold, who has pleaded not guilty to aggravated murder. If convicted, she could face the death penalty.
Kessler cited his retirement and the need to avoid any appearance of being partial as reasons for stepping down.
Kessler declared a mistrial on Feb. 11, finding that new defense witnesses bolstered Arnold's claim of innocence in the death of her daughter, Paris Talley.
In his order, Kessler said he is worried about making future decisions in the case and whether they could be perceived as being unfair since he has received information about the case in private proceedings. The information may not become evidence in the case.
The judge agreed to take the case following his retirement to help the court until a replacement could be appointed. A new judge was appointed three months ago.
PREVIOUS STORIES:
Feb. 11, 2008: Mistrial Declared For Mom Accused Of Killing Baby In Microwave
Feb. 5, 2008: Boyfriend: Mother Would Know What Happened Night Baby Died
Jan. 31, 2008: Ex-Inmate Says Mom Confessed To Putting Baby In Microwave
Jan. 28, 2008: Jury Selection Begins For Mom Accused In Microwave Baby Case
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