Judge whose father was killed asked to step aside

Judge whose father was killed asked to step aside

CREATED Sep. 22, 2012

Web Producer: Taylor Avey

PHOENIX (AP) - Defense lawyers for an Arizona inmate sentenced to death for a carjacking killing say a federal judge should excuse herself from considering the case because the judge's own father was killed in a Cincinnati carjacking.

A motion filed for inmate Kevin Miles says similarities between the killings mean U.S. 9th Circuit Court of Appeals Judge Susan Graber should step aside because reasonable people could question whether she can be impartial.

Miles was convicted in the 1992 murder of Patricia Baeuerlen of Tucson. Graber wrote a recent opinion that ruled against Miles on an appeal claiming inadequate legal representation.

A court spokesman says Graber is declining to comment on the recusal request and says the court will rule on it in due course.

Graber's father was murdered in 1974.

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