Saying a defendant "conveniently has chosen to ignore the simplest components of reality," Western District Judge Frank Geraci Jr. in Rochester has refused to recuse himself from a case despite allegations of bias. The tension between defendant James Kendrick, who is facing murder and drug conspiracy charges, and Geraci apparently arose after the U.S. Justice Department declined to authorize a death penalty prosecution and, consequently, an attorney assigned to the matter was removed.

In light of the Justice Department's decision, U.S. Magistrate Judge Jonathan Feldman relieved Manhattan attorney Bobbi Sternheim from the case, leaving a nearby attorney, Daniel Henry Jr. of Villarini & Henry in Hamburg, outside of Buffalo, as sole counsel. Kendrick, while represented by Henry, filed a pro se/ex parte motion asking the court to reassign Sternheim to his defense team.