HOLLIDAYSBURG, Pa. (AP) - A central Pennsylvania judge has rejected a defense request that she recuse herself from the retrial of a man charged in the murder of a woman almost a dozen years ago.
Paul Aaron Ross, 43, is charged in Blair County in the murder of Tina Miller, 26, whose body was found partially submerged and bound with duct tape at Canoe Creek State Park in June 2004. Prosecutors are seeking the death penalty.
Judge Jolene Kopriva heard arguments Friday on the recusal request but said she was satisfied that she could be “fair and open-minded,” The (Altoona) Mirror (https://bit.ly/1RvJWBT ) reported.
Ross won a retrial after an appeals court said his attorney hadn’t had enough time to fully prepare a defense and that testimony by three ex-girlfriends was inappropriate.
Defense attorney Thomas Dickey argued that those decisions were made by Kopriva and also cited the judge’s comments during sentencing accusing his client of “twisted ways” and a “sick mind.”
He argued that it would be difficult for the judge to be impartial in deciding what evidence will be permitted during the retrial, for example on the defense bid to bar reintroduction of bite-mark evidence presented at the 2005 trial. Dickey cites recent cases in which bite-mark science is being questioned in arguing that the evidence should be barred, and said Friday that he believed that decision “will be critical.”
Assistant District Attorney Deanne Paul argued that Kopriva should continue to preside over a case she knows well, saying the same judges preside in many cases in which a new trial has been ordered.
“There hasn’t been any demonstration of bias or prejudice (by Judge Kopriva) in presiding over this case whatsoever,” Paul said.
The defense has also asked that a jury be brought in from another county to hear the case because of the years of publicity about the murder.
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Information from: Altoona Mirror, https://www.altoonamirror.com
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