Murder suspect wants judge off the case

AUBURN – A Sabattus man facing a murder charge in last summer’s shooting of his ex-girlfriend wants the judge removed from the case, contending he may not get a fair trial because of the judge’s history of activism in domestic violence causes.

Daniel Roberts’ attorney, Leonard Sharon, filed a motion to recuse Superior Court Justice Joyce Wheeler from the case, saying she may lack impartiality because of her background working with such groups as the Governors’ Advisory Council on the Prevention of Domestic Violence.

Roberts is being held without bail while awaiting trial for the murder of Melissa Mendoza, who was 29 and living in Tustin, Calif. Roberts and Mendoza had been locked in a bitter custody dispute over their daughter, who was 2 at the time of the shooting.

Mendoza had sought protection from abuse orders against Roberts. She was in Maine to attend a child custody hearing at the time of the shooting.

In his latest motion before the court, Roberts asserts the judge is too committed to domestic violence issues to give him a fair trial. In addition to service in the governor’s council, Wheeler traveled to Brazil to help judges address domestic violence crimes, Sharon said.