Man charged for Renisha McBride's death wants a new judge - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Man charged for Renisha McBride's death wants a new judge

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WJBK - Lawyers for a Detroit-area man who fatally shot a drunk, unarmed woman on his front porch want a new judge to hear the case.

Court filings show Theodore Wafer plans an aggressive defense against a second-degree murder charge. Some pre-trial issues will be discussed Friday.

Wafer's attorneys say he fatally shot 19-year-old Renisha McBride because he believed she was breaking into his Dearborn Heights home. She'd crashed her car a half-mile away three hours earlier.

Wafer wants Wayne County Judge Qiana Lillard to recuse herself because she was a prosecutor until last summer. The defense says she's Facebook friends with prosecutors in the case, and other prosecutors support her campaign.

"To get rid of a judge, you have to show that the judge has actual bias somehow, or that the judge is personally involved in this case. I doubt the judge is personally involved in this case, so that means they're going to have to come up with some reason to show that the judge is so biased that [she] could never possibly in the world be fair," FOX 2 legal analyst Charlie Langton weighs in.

Wafer wants jurors to see photos from McBride's phone showing her with marijuana and a gun. The defense says McBride's lifestyle and trait for aggression should be considered at the trial.

The prosecution disagrees.

"Well, Renisha isn't here to testify so there's no credibility on her side. The only thing that's relevant is what he knew about her and what she did on that porch," says McBride's attorney Gerald Thurswell.

Trial is set for June 2.
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