Sperm donor trial delayed as judge mulls recusal request

June 6, 2013 at 12:24 PM
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TOPEKA, Kan., June 6 (UPI) -- A Kansas judge has put on hold the trial of a Craigslist sperm donor while she considers a defense request that she step down from hearing the case.

Shawnee County District Court Judge Mary Mattivi announced the delay after receiving a lengthy affidavit from Benoit Swinnen, who is representing sperm donor William Marotta, the Topeka Capital-Journal reported Wednesday.

Mattivi said she would rule on the recusal request "as soon as I can," although a decision is not expected for at least two weeks.

Swinnen had filed a motion with the district court May 17 for the judge to recuse herself. The reasons were not listed in the motion.

Marotta is charged by state officials with failing to pay child support for a 3-year-old girl he fathered by supplying sperm to two women who had advertised for a donor on Craigslist.

Marotta and the couple maintain he was simply a donor and has no financial responsibility for the child.

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