Judge assigned to trial will remain on case

LaFAYETTE - A Cobb County judge assigned to the Tri-State Crematory case did not compromise his impartiality with comments he made at a bond hearing, another Superior Court judge ruled Friday, the same day the owners were allowed back on the property.<br> <br> Judge James E. Findley said he did not find cause for a &#39;&#39;reasonable perception of lack of impartiality&#39;&#39; by Judge James G. Bodiford, who took over the case in March after the four presiding judges in Walker County recused themselves.<br> <br> Bodiford presided over a March 22 bond hearing for Ray Brent Marsh, operator of the crematory in the community of Noble where 339 discarded bodies have been found.<br> <br> During that hearing, Bodiford said he felt compelled to take the case to repay the county for its hospitality during the 1997 murder trial of former Atlanta attorney Fred Tokars, which was moved to Walker County because of pretrial publicity.<br> <br> Defense attorney Ken Poston filed a motion to recuse Bodiford from the case, claiming Bodiford&#39;s comments biased him against Marsh, who remains in jail on 232 counts of theft by deception for taking money for cremations he didn&#39;t perform.<br> <br> Also Friday, the Marsh family was allowed back on their property, a member of the district attorney&#39;s staff said.<br> <br> Marsh&#39;s father, mother and sister have been staying with family members during the investigation.<br> <br> It was not immediately clear whether the family&#39;s return meant the investigation on the property had concluded.<br> <br> Poston said he does not know if or when members of the Marsh family might move back into their homes.<br> <br> &#39;&#39;I can tell you there is no intention by this family to go into the cremation business at this site or anywhere else, now or in the future,&#39;&#39; he said.<br>

http://accesswdun.com/article/2002/4/195679