The jury can't be fair, and neither can the judge.
Pretrial hearings began and ended for Smith County Constable Henry Jackson, facing trial on three sexual harassment charges.
This morning his attorney, William Hughey, requested the judge be removed from the case. The defense has already filed to have the trial moved out of Smith County.
Hughey declined to comment, but the prosecution says nothing should keep Jackson from receiving a fair trial.
"I believe that the judge will...whoever the judge is...will instruct the jury in accordance with the law. I have faith in the jurors to tell us whether they can be fair in the case or not," said Tonda Curry, a special prosecutor.
The motion is now being reviewed by another judge.
A ruling is expected tomorrow morning.