The Code of Judicial Conduct, Canon 3 provides:

Disqualification
1. A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where:

a. he has… personal knowledge of disputed evidentiary facts concerning the proceeding… and or when he has bias or prejudice…
 

1. The judge’s decorum during the Suppression Hearing in the courtroom was unjust, unfair, bias toward my case as well as myself. Kessler was unable to remain objective, nor did he administer fairness or justice to the prosecutor, or witness Singletary’s lawyer, or to whomever during the proceeding in which injustice was loud and clear. Kessler did not even investigate the conflicting, contradictive, questionable issues raised at the hearing.

And the court is aware of the statements made by witness Singletary before visiting judge Elliot with respect to the prosecutorial misconduct involved in his plea negotiations. (see transcripts)

2. The judge displayed his bias and prejudice by refusing to act on the obvious prosecutorial misconduct in witness Singletary’s case and also at my Suppression Hearing.

3. My lawyers explained why they needed a short continuance to finish preparing my defense, because of the new charges, new specifications, new witness and new lab report, and Appellate Court issue still pending. The judge denied any continuance. He reached an opinion about the significance of the new evidence and based his decision on “an extra judicial source.” The court has not heard any testimony about it. The courts findings may be true, or may not be true. In either case they came from the prosecutor, rather than the witness stand.

4. The judge ordered the trial to proceed on the new charge and many specifications without giving my lawyers an opportunity to even read and respond to the State’s memorandum.
 
 

Because of his inability to remain objective, failure to act on prosecutorial misconduct, denying a continuance by deciding that the last-minute new charges, new specifications, and new discovery and pending appeal issues were not important enough to warrant a short continuance, and refusing my attorneys an opportunity to read and respond to the State’s last minute memorandum and new indictment, he has denied me due process of law.

I request humbly that a new judge be appointed for the reasons stated.

                                                                                 Respectfully Submitted
 

COUNTY OF MONTGOMERY, SS: 
                                                                                  Antonio M. Deleon
 

                                                                  Notary

                     Sworn to and subscribed in my presence on this 16th day of November, 1998.