Judge taken off Renisha McBride case

Published On: Apr 25 2014 04:30:01 AM EDT
Updated On: Apr 25 2014 04:55:51 PM EDT

A judge has denied defense attorneys' request to remove herself from a case of a Detroit-area man who fatally shot an unarmed woman on his porch last fall.

DETROIT -

A judge has decided that another judge should be removed from a case of a Detroit-area man who fatally shot an unarmed woman last fall on his porch.

Wayne County Circuit Chief Judge Pro Tem Timothy Kenny on Friday recused Judge Qiana Lillard from from the case of Theodore Wafer.

Defense attorneys claim Lillard's previous employment with the prosecutor's office and associations with employees create an appearance of impropriety.

Kenny said Lillard should be off the case because a male prosecutor handling the case had been listed as part of  her campaign committee and had sold tickets to a fundraiser on her behalf. 

“The Wayne County Prosecutor’s Office will not appeal the ruling of Judge Kenny. We will request that the case be blind drawn to another judge,” said spokeswoman Maria Miller.

Wafer shot 19-year-old Renisha McBride at his Dearborn Heights home and is charged with second-degree murder. He believed McBride was trying to break in.

Prosecutors say Wafer should have called police instead of shooting. McBride was drunk and in a car crash three hours earlier. 

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