FORT WAYNE — A judge removed himself from a death penaltycase after a defense attorney claimed the judge was impairedbecause he was an alcoholic.
In an order issued Monday, Allen Superior Judge KennethScheibenberger called the concerns expressed by Zolo Azania'sattorney ''unfounded'' and said that he ''reluctantly'' steppeddown from the case ''in the best interest of justice.''
Azania, formerly known as Rufus Averhart, twice has beensentenced to death for the 1981 killing of a Gary police officer.Both sentences were later overturned. Sheibenberger, who wasappointed special judge in the case because of pretrial newscoverage, was set to oversee Azania's third penalty hearing inFebruary.
Scheibenberger, 54, checked himself into an alcoholrehabilitation program at Rush-Presbyterian Hospital in Chicago inJuly.
Chicago attorney Michael Deutsch filed motions last month inAllen Superior Court questioning Scheibenberger's ability topreside over the hearing and requesting that the Indiana SupremeCourt assign another judge to the case.
After Scheibenberger denied the motions, Deutsch filed anotherone in which he alleged that the judge's initial denial called intoquestion his impartiality.
Scheibenberger wrote in his order Monday that he denied theprevious request because it did not meet legal criteria and lackedsufficient facts to support the contention that he was biased.
The judge wrote that he was successfully discharged fromrehabilitation and is receiving continuing treatment.
''It appears from their actions that counsel for the defendantintend to use any means necessary to remove this judge from thismatter, including unfounded personal attacks on his character andfitness,'' Scheibenberger wrote.
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