Jackson - A pre-trial hearing on a defense motion for recusal was held Friday in the case of Kenneth John Zimmerman, accused of one count of murder after his neighbor John O’Sullivan was shot dead in a dispute in Fiddletown in August. Based on previous motions, Superior Court Judge David Richmond agreed to hear motions by both Public Defender Richard Cotta and O’Sullivan’s widow, Krista Clem, for a recusal of the Amador District Attorney’s office from the case. Cotta never openly stated his specific reasons for filing to have the department removed. Clem’s attorney, Belinda Harris-Ritter, insisted that Clem’s rights as a victim be asserted under Marsy’s Law, which guarantees victims and their significant others rights to safety, privacy and to participate in specific court proceedings against the accused. But Richmond said Marsy’s Law does not apply in this case and there is “no place for intervention by Clem concerning the prosecution in this case.” Richmond agreed with a judgment by the Attorney General’s Office that the motion on Clem’s behalf had no standing because “under the constitution, the victim (Clem) has remedies, not rights.” The Zimmerman trial isn’t the first time Clem and District Attorney Todd Riebe have met in the court room. Riebe was involved in prosecuting the late O’Sullivan on charges of horse abuse. Zimmerman was in a lively mood throughout the trial, frequently smiling and turning around to eye the room. After audibly remarking on the trial from the audience, a visibly upset Clem was asked by a bailiff to be quiet or leave, at which point she excused herself and left the courtroom. Richmond and all attorneys present agreed upon a court date to begin the evidentiary hearing. That date was set for Friday, November 6. It was also determined that Deputy District Attorney Stephen Hermanson will be the lead prosecutor in the case. Story by Alex Lane This e-mail address is being protected from spam bots, you need JavaScript enabled to view it