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Judge denies motion to recuse herself from sperm donor trial

Published on -6/20/2013, 6:43 AM

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TOPEKA, Kan. (AP) -- A Shawnee County judge has denied a request that she remove herself from the trial in a sperm donor case.

An attorney for William Marotta of Topeka had argued that Judge Mary Mattivi should not preside over the state's efforts to require Marotta to pay child support for a girl born to a lesbian couple in 2009. Marotta says he waived his parental rights and responsibilities when he donated his sperm.

The Topeka Capital-Journal reports (http://bit.ly/1bZ7JBu ) Judge Mattivi denied the motion last week.

Marotta's attorney argued that Mattivi appeared to be advocating for the state and apparently had already decided the outcome of the case.

Timothy Keck, an attorney for the state, said in response that Mattivi had examined her conscious and determined that the allegations of bias are false.

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