For the second time in eight months, Presiding Pima County Superior Court Judge Sarah Simmons has ruled there is no evidence suggesting Judge Richard Fields is biased against murder defendant Pamela Phillips.
In July and again last month, Assistant Pima County Legal Defender Peter Herberg filed a motion asking Simmons to remove Fields from the case, alleging Fields has shown "deep-seated favoritism" toward prosecutors in the Phillips case and has a "pervasive" bias against Phillips.
Phillips is accused of using portions of Gary Triano's $2 million life-insurance policy to pay Ronald Young to kill Triano, her former husband. Triano died in a pipe-bomb explosion in November 1996, and the pair was indicted in October 2008. Young was convicted and is serving a life sentence.
Herberg's latest motion was filed after Fields threatened to remove him from the case for interfering with doctors' attempts to restore Phillips' mental competency to stand trial. Fields also criticized Herberg for launching personal attacks on a doctor involved in the restoration-to-competency program and for "distorting" the facts of the case in court and in many pleadings.
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During a Feb. 9 hearing, Fields told Herberg he would not be allowed to meet with Phillips more than one hour per month while she's in the restoration program.
In arguing against the motion, Deputy County Attorney Casey McGinley said Herberg has not proven any bias, he's just proven he's dissatisfied with Fields' prior rulings in the case.
Attorney Michael McNamara, who represents the county's restoration-to-competency program, supported Fields' actions, saying Herberg made accusations about psychologist Sloan King's private life, asked her questions about her character and professional fitness, questioned her behavior in other cases and accused King of improperly treating Phillips.
Simmons found no evidence of bias on the part of Fields last July and the Arizona Court of Appeals declined to consider the matter when Herberg asked them to rule on Simmons' decision.
Herberg asked Simmons for a stay in the case so he could ask the Arizona Court of Appeals to review Monday's decision, but she denied the motion.
If she's restored to competency, Phillips' trial will begin June 12.
Contact reporter Kim Smith at kimsmith@azstarnet.com or 573-4241.
