A Douglas County District judge rejected a motion Tuesday from Christopher Edwards' lawyer asking the judge to recuse himself from future proceedings in the case.
Attorney Brian S. Munnelly argued that Judge J Russell Derr would not be impartial in deciding an appeal by Edwards regarding his accusation that former county CSI chief David Kofoed planted evidence in the murder case against Edwards.
Last year, Derr rejected Edwards' bid for an evidentiary hearing or a new trial, determining that overwhelming evidence showed Edwards killed Jessica O'Grady, regardless of whether Kofoed fabricated blood evidence. Derr presided over Edwards' jury trial in 2007 and sentenced Edwards to 100 years to life in prison.
In September, the Nebraska Supreme Court granted Edwards an evidentiary hearing on whether the state used fabricated evidence from Kofoed to help obtain Edwards' second-degree murder conviction.
— John Ferak