A defense attorney said Criminal Court Judge Doug Meyer should be disqualified from hearing the case of a man he called "the scum of the earth."
Attorney Lee Ortwein also said Judge Meyer told Nicholas Hilt he "deserves the death penalty."
Attorney Ortwein filed a motion to have Judge Meyer recuse himself after he said he made the remarks in court on Monday. Judge Meyer denied the motion.
Jury selection began Tuesday morning. Opening statements are set for Wednesday at 10 a.m.
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.
A mental health expert earlier testified Monday 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.