BATON ROUGE, LA (WAFB) - A new judge will now be assigned to the David Leger trial.
Leger was convicted in July after a week long trial on five counts of vehicular homicide for a fiery crash on Interstate 10 in March 2011. Liz Fontenot, her three boys Austin, Hunter and Keagan, and Kimberly Stagg died when Leger crossed over the median and hit their car head-on. Leger's blood alcohol concentration came back at 0.1, which is over the legal limit of 0.08.
19th Judicial District Court Judge Trudy White presided over the case.
Leger's sentencing date was set for August, but rescheduled to September. He then hired a new attorney, Jim Boren, replacing Tommy Damico who had represented Leger for nearly three years. The September sentencing date was also rescheduled to October.
Boren claims Judge White was rushing to get the sentencing date in before the Nov. 4 election because she was up for re-election. Judge Don Johnson granted Boren's motion and recused Judge White.
"The appearances in this case were such that it required another judge to hear it," said Boren. "I think the judge indicated that he was concerned about the testimony, about the interest in the election."
"We disagree with the judge's ruling. We respectfully disagree with him," said District Attorney Hillar Moore. "I don't think the evidence was sufficient to have that ruling but he heard it all and I respect that decision."
Moore said the prosecution will file an appeal by Nov. 24. Whether the new judge appointment means another judge will only listen to a sentencing hearing or whether this means a brand new trial has yet to be determined.
Leger faces anywhere between 25 to 150 years behind bars.