–The judge presiding over the 1st Degree Murder trial of Kyle Lou Ricke has denied a defense request for her recusal in the case.
In court documents filed Friday, Judge Nancy Whittenburg says the defense has not met the burden of proof to show that recusal is necessary.
Defense attorney Matthew Pittinger filed a motion last week, asking Whttenburg to recuse herself from this case. Pittenger argued that recusal was needed as Whittenburg had presided over a handful of cases that involved the defendant and his family in the past.
In written resistance to the motion, Assistant Attorney Ryan Baldridge argued that simply presiding over previous cases does not prove a prejudicial bias, which is necessary in seeking recusal.
In her decision, Whittenburg sided with prosecutors, stating the defense failed to show how those previous cases would make it impossible for her to fairly preside over this case.
Ricke is scheduled to stand trial on June 25th in connection with the shooting death of Algona Police Officer Kevin Cram in September of 2023.
The court has not issued a decision on a separate defense motion to move the trial out of Kossuth County. The defense believes an impartial jury can’t be found here and has asked that the case tried elsewhere. The prosecution has asked if the trial is moved, that it be held in a county that has similar demographics to Kossuth and that the court try and limit the travel needed for witnesses and family members.
