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Wilson Defense Requests Judge’s Removal

Wilson Defense Requests Judge’s Removal
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Dec 27, 2005 12:30 PM PST    Text size: 
BARTOW, Fla. — After a Florida appellate court denied Chris Wilson’s request for immediate release, defense counsel is seeking to remove Judge J. Dale Durrance from the case. Durrance revoked Wilson’s bail and remanded him to custody at Polk County Jail last week.

Attorney Lawrence Walters said defense counsel today filed a Petition for Writ of Prohibition, which requested Durrance’s removal from presiding over Wilson’s case.

Wilson operates the amateur-wife-and-girlfriend website NowThatsFuckedUp.com and was arrested in October on 301 felony counts for obscene photos police allegedly found on his site, though he removed all explicit material from the site earlier this month.

Walters said the Florida appellate court now has three options. The court may render an order to show cause to the state, which would desist any further trial proceedings pending the court’s decision; order the state to respond to the petition, which would not affect the trial until a decision was made; or deny the petition, which would allow Durrance to continue presiding over the case.

Walters added that the petition will be considered separately from the petition seeking Wilson’s immediate release from custody.

Wilson’s $151,000 bail was revoked by Durrance last week after prosecutors contended that the continued use of his site violated the conditions of his release.

A pretrial conference is set for Feb. 7, at which time a trial date could be set.

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