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Judge in Adrian Peterson case refuses to step aside

Published Oct. 13, 2014 6:37 p.m. ET

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A judge handling the child abuse case against Adrian Peterson – under fire for admittedly disparaging remarks about the attorneys in the case – refused on Monday to step aside.

As a result, a hearing will be scheduled before a different judge, who will consider a motion from prosecutors to remove Kelly W. Case, the judge now assigned to the case.

Case acknowledged last week that he referred to prosecutors and Peterson’s defense attorneys as “media whores” but told the lawyers he was joking and meant no offense.

“Yes, of course, I apologize to both of you,” Judge Case said during last week’s first court appearance for the suspended Minnesota Vikings running back. “That’s not how I feel about any of you. I think you’re doing a great job. … So no, I absolutely would never mean any harm to either one of you by saying that.”

On Monday, Case signed an order in which he said he would “decline to recuse myself voluntarily.”

Peterson, 29, was indicted by a grand jury on a charge that he recklessly or negligently injured his son when he spanked him with switch, a small tree branch stripped of leaves. The incident allegedly occurred last May 18 when the boy – who lives with his mother – was visiting Peterson at his home north of Houston.

The indictment came on the heels of the public airing of a surveillance videotape that showed Baltimore Ravens running back Ray Rice punching his then-fiancee in a casino elevator, knocking her out. The Ravens cut Rice, and the NFL has wrestled with a public relations nightmare ever since over questions of its handling of cases of players accused of domestic violence.

After initially concluding that Peterson could keep playing, the Vikings reversed course and on Sept. 17 suspended the 2012 NFL MVP with pay until the case is resolved.

Getting back on the field means getting a ruling in this criminal case.

A trial on the charge was tentatively set for Dec. 1, but that may change once a decision is made on the motion for a new judge.

As of Monday, the only upcoming court date for Peterson was an appearance scheduled Nov. 4. It is not clear whether the motion to remove Judge Case can be considered at that hearing.

In addition, prosecutors have asked a judge to revoke Peterson’s $15,000 bail and issue a new arrest warrant after the running back told a court employee last week he had “smoked a little weed.” The statement was allegedly made as Peterson was set to give a urine sample so he could be tested for drugs, a requirement of the Texas court.

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