Wording of my challenge for cause
Below is the wording that I will submit challenging for cause, please advise:
I, Dr. IXX XXX, PhD., declare:
1. I am the defendant in the above-entitled action.
2. That on October, 22, 2009, the date set for my trial in said action the judge made pre-trial statements implying prejudice as follows:
a) The honorable Cxxxx Hxxxxxx suggested that certain arguments were generally not successful, vis the questioning of identity, based on photographic evidence as furnished by the police officials.
b) Furthermore, the judge stated that greater than 50% of prior identity determinations based on photographic evidence as offered by officers were subsequently agreed upon by the presiding honorable Cxxxx Hxxxxxx.
c) The honorable Cxxxx Hxxxxxx also stated that arguments based on identity would require an alibi, where there was a “resemblance” between the photo and the defendants in question.
d) The honorable Cxxxx Hxxxxxx further stated that arguments based on identity where photographic evidence could not distinguish between close relatives were irrelevant and would not be heard.
3. Additionally, during the officer’s general group foundational statements, the honorable Cxxxx Hxxxxxx made statements that appeared to explain the meaning, or clarify the officer’s foundation.
WHEREFORE, Defendant requests ex parte, per CCP Section 170.3(c), that said Commissioner proceed no further and that another commissioner or judge be assigned to hear this proceeding.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.