Judge Rejects Removal of DA From McInerney Trial

An attempt to remove the district attorney prosecuting 16-year-old Brandon McInerney, who is accused of murdering his gay classmate, failed on Monday.

A secret tape recording of a conversation between a detective, defense attorneys, and members of the district attorney's staff led McInerney's lawyers to file a motion to have the district attorney's office recused from prosecuting their client, according to the Ventura County Star. However, the judge rejected the motion, and jury selection for the murder trial will begin in March.

McInerney is being tried as an adult for the shooting of classmate Lawrence King in February 2008 at E.O. Greene Middle School in Oxnard, Calif.

Ventura County superior court judge Charles Campbell said the tape did not provide any reason to recuse senior deputy district attorney Maeve Fox from prosecuting McInerney. Campbell did say, however, that he would rule whether Simi Valley police detective Dan Swanson's recording of the meeting was legal. He is slated to testify as a gang expert at the trial, as McInerney is alleged to have had some connections to white supremacists.