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Media pool photos by Orlando Sentinel / Accused killer George Zimmerman and his attorney, Mark O'Mara, are shown here in the June 29 bond hearing at the Seminole County Courthouse in Sanford where Circuit Judge Kenneth Lester heard arguments on why he should be granted bail after his truthfulness was called into question about his finances. The judge on July 5 granted $1 million bail. SANFORD -- George Zimmerman's attorneys want Circuit Judge Kenneth Lester disqualified from proceedings in the second-degree murder charge against him in the fatal shooting of 17-year-old Trayvon Martin, saying the court is biased against him and because of that, he cannot get a fair trial.
"Mr. Zimmerman has a reasonable fear that he cannot get a fair trial or a fair stand your ground hearing by this court," lead defense counsel Mark O'Mara and co-counsel Don West said in their motion to the court.
O'Mara said the defense team came to this conclusion by the way in which the judge handled Zimmerman's bond hearing that ultimately led to him being released on $1 million bail.
"The court makes gratuitous disparaging remarks about Mr. Zimmerman's character; advocates for Mr. Zimmerman to be prosecuted for additional crimes; offers a personal opinion about the evidence for said prosecution; and continues to hold over Mr. Zimmerman's head the threat of future contempt proceedings."
Zimmerman's attorneys say their motion for disqualification "must be granted if the facts alleged would prompt a reasonably prudent person o fear that he could not get a fair and impartial from the judge."
If Lester acquiesces, he would follow Judge Jessica Recksiedler, who removed herself from the case in April after it was disclosed that her husband's law partner was previously contacted by Zimmerman seeking representation.
Zimmerman' attorneys are far more aggressive in their objection to Lester continuing this case moving forward saying a judge above all others must exercise a high standard of impartiality, citing case law to back that up. "Every litigant is entitled to nothing less than the cold neutrality of an impartial judge,"
O'Mar and co-counsel West stated from a 4th District Court of Appeal case from 1981, adding further, "It is the duty of the Courts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is seriously brought into question."
The defense attorneys followed up that precedent setting case law by stating, "Mr. Zimmerman has lost faith in the objectivity of this Court and has a reasonable, well-founded fear that he will not receive a fair trial by this court... this Court must be disqualified."