The man convicted in a high-profile murder was in court Thursday – not because of his case, but rather the criminal case against his judge.
Randy Tundidor Sr. is asking Broward Circuit Judge Cynthia Imperato to recuse herself from his case.
Police in Boca Raton arrested her last month and charged her with driving under the influence.
Now Tundidor says he doesn't trust her judgement.
"The judge is no longer fair and impartial because of her arrest for a second DUI," said Tundidor's attorney Richard Rosenbaum. "She is being prosecuted by the same state of Florida that's prosecuting Randy Tundidor," he said.
Last year a jury convicted Tundidor in the murder of his landlord, Dr. Joseph Morrissey, who was also a professor at Nova Southeastern University.
The case is in the middle of the sentencing phase and jurors have recommended the death penalty. In Florida, the judge has the final say.
Tundidor's son, whose name is also Randy,
is serving a 40-year sentence for his role in the murder
.
Imperato is expected to decide within 30 days whether to recuse herself or not.
