A murder case has been switched to another judge after Criminal Court Judge Doug Meyer called the defendant "the scum of the earth" and said he "deserves the death penalty."
District Attorney Bill Cox asked for the change, saying, "You do not want to take a chance on possible error."
The murder trial of Nicholas Hilt will be heard by Criminal Court Judge Don Poole beginning June 5.
Hilt once again acted up in court on Wednesday. He let out a blood-curdling scream soon after he was seated at the defense table. He dropped to the floor and a squad of officers immediately surrounded him.
Hilt is outfitted with a device on his leg that can be used to shock him if he is disruptive. He was trying to take the device off in court. It was unclear whether he was given a shock.
Attorney Lee Ortwein had filed a motion to have Judge Meyer recuse himself after the judge made the remarks in court on Monday. Judge Meyer denied the motion.
A jury was selected on Tuesday. Opening statements had been set for Wednesday at 10 a.m.
A new jury will be selected to hear the case.
Hilt twice had to be removed from the courtroom during jury selection as he began screaming and acting out.
Hilt is charged with beating to death his girlfriend's 5-year-old son. The state is seeking a first-degree murder conviction, but not the death penalty.
Hilt had come to court on several occasions in a wheelchair and was non-responsive. However, on Monday he walked into court and was very animated. On Wednesday, he limped to his seat.
Judge Meyer said a defendant can be strapped to a seat if necessary. Or the trial can be conducted without the defendant present.
A mental health expert earlier testified that Hilt was refusing to take medication. The expert said as long as he is on the drug he is competent to stand trial. Judge Meyer ordered him to take the medicine, or he said he will be forced to take it.
Authorities say Hilt repeatedly slammed Nathaniel Upshaw against a wall on the night of Jan. 6, 2003.
Officers said Hilt has made a taped confession to the brutal assault.
Authorities said the young boy was sexually assaulted and that he died of "massive internal injuries and head trauma."
He was brought to a hospital the next morning, but was unconscious until he died.
Hilt is charged with murder, child rape, attempted first-degree murder and aggravated child abuse.
The mother, Altreasa Upshaw, is charged with accessory to murder, aggravated child abuse and filing a false police report.