Judge in gay student killing case won't be recused

A judge has denied a defense motion to disqualify a Ventura County judge from the trial of a middle school student accused of murdering a gay classmate.

Prosecutor Maeve Fox said Monday that San Luis Obispo Superior Court Judge Jeffrey Burke ruled against the recusal motion filed by lawyers for 16-year-old Brandon McInerney.

McInerney is charged with murdering 15-year-old Larry King in February 2008.

Defense attorney, Scott Wippert, argued that Ventura County Superior Court Judge Charles Campbell wasn't fair with his rulings that favored the prosecution.

Campbell filed his own declaration to deny that he's prejudiced against the defendant.

Jury selection is scheduled to begin Wednesday but Fox says she has a scheduling conflict.

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Information from: Ventura County Star, http://venturacountystar.com

Copyright 2010 The Associated Press.

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