A judge asked to re-examine arson evidence used to convict a man executed for killing his three daughters postponed a hearing in the case on Wednesday, after prosecutors asked him to step aside.

Texas District Judge Charles Baird delayed the hearing in the Cameron Todd Willingham case until Oct. 14, telling the court he wanted to give an attorney for Willingham’s family time to respond to prosecutors’ request to have him removed. In the meantime, Baird may decide to recuse himself or ask another judge to decide whether he should step aside.