Julia Graves, the lead attorney for 18-year-old Kaitlyn Hunt, the former high school cheerleader facing felony child abuse charges for a consensual sexual relationship with her then-14-year-old girlfriend and basketball teammate, has filed a motion to remove the judge assigned to the case.
Graves filed a motion Monday asking circuit judge Robert Pegg to remove himself from the trial, claiming Pegg is "biased against the defendant and has departed from his role as neutral," making a fair trial for Hunt impossible, reports Vero Beach, Florida's WPTV.
Graves' complaint also alleges that Pegg is pushing Hunt's case through to trial faster than usual, citing nearly 300 other felony cases pending in court that were filed before Hunt's, but have yet to have trials scheduled.
Graves' client faces two felony charges of lewd and lascivious battery on a child 12-16 years old, brought by the state of Florida after Hunt's ex-girlfriend's parents informed police about the relationship between the girls.
Hunt's family has launched an aggressive social media campaign to "Free Kate," alleging that the victim's parents are homophobic and targeting Hunt because they blame her for "turning their daughter gay."
The victim's parents, who spoke to a local news reporter last month, said they're not homophobic, just concerned about their 14-year-old daughter being sexually active with anyone, let alone an 18-year-old.
Hunt and the alleged victim were both on the varsity basketball team, and since the younger girl was in International Baccalaureate classes, the girls were classmates when they began dating last school year. Police recorded a phone conversation between Hunt and her now ex-girlfriend where the two confess to having sex in a school bathroom, while simultaneously admitting romantic feelings for one another.
Hunt's attorney contends that the state is unfairly targeting the former high school cheerleader because she was in a same-sex relationship. Graves contends that the judge and local prosecutors have singled out Hunt's case "due to the fact that the relationship involved was between two girls attending high school together," according to the recusal motion filed Monday. "Otherwise, there is nothing unique about this matter."
State prosecutors contend that they are simply adhering to state law, which prohibits sexual contact with anyone under the age of consent, which in Florida is 16 years old.
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