The defense for a man accused of murder in the deaths of two Utah County 3-year-old boys filed a motion to disqualify the judge
one day before an announcement on whether the defendant would be going to trial, and if so, on what charges.
Lund's comments that day apparently prompted defense attorney Benjamin Saldana to seek the judge's disqualification from the case.
The defense argues the court's behavior is proof of bias and the Lund is violating Barlow's Constitutional right to a fair trial and effective legal representation.PROVO, Utah - Kent Cody Barlow's defense attorney has filed a motion to disqualify the judge presiding over his double murder case, alleging bias and prejudice against Barlow and his defense team.
The motion states that Lund's conduct undermines Barlow's right to a fair trial and the defense's ability to adapt to case developments, and could lead to an ineffective assistance of counsel claim if Barlow is convicted. The decision comes after a lengthy preliminary hearing, during which prosecutor Ryan McBride argued that the evidence supports first-degree murder charges, while defense attorney Ben Aldana argued against the upgraded charges.
Judge Disqualification First-Degree Murder Trial Bias Defense Attorney Pretrial Litigation Utah County
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