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Wednesday, December 24, 2003

Retiring judge removes himself from murder trial



By Jim Hannah
The Cincinnati Enquirer

BURLINGTON - Criminal proceedings against a man accused of fatally stabbing two children as their mother watched have been placed on hold.

The delay comes after the judge, Jay Bamberger, announced he was retiring and removing himself from the case.

A hearing scheduled for today has been postponed until sometime next month.

Marco Allen Chapman is charged with two counts of murder, two counts of attempted murder and one count each of rape, burglary and robbery in the August 2002 knife attack at the Warsaw home of Carolyn Marksberry.

This is the second high-profile case Bamberger, 61, has removed himself from because of the pending retirement.

Two weeks ago he announced he was stepping aside from the nation's first class-action suit alleging sexual misconduct by priests.

Chief Justice of the Kentucky Supreme Court Joseph Lambert has already appointed a new judge in the diocese case.

The appointment of a new judge in the Chapman case likely will be made by Campbell Circuit Judge William Wehr, the chief regional circuit judge in Northern Kentucky.

Bamberger could continue to hear certain cases if he chooses to take what is called senior status judge.

Under that status, Bamberger would work 120 days a year for five years in exchange for an increase in state retirement benefits.

Bamberger has been the only circuit judge in Boone and Gallatin counties since being elected in 1991. He would have been up for re-election in November 2006.

---

E-mail jhannah@enquirer.com




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