TOPEKA, Kan. (WIBW) - A Topeka man declared insane after he beat an elderly woman to death will continue to stay at a Topeka care facility.
Prosecutors want Hal Bates reassigned to a facility outside the area.
His attorney Caleb Boone wants Judge Evelyn Wilson to recuse herself from deciding the request, because of alleged bias.
In court this week, Judge Wilson said there was no bias, but the defense could appeal to Chief Judge Nancy Parrish.
With Parrish out of town, the motion was sent to Division 8 Judge Frank Yeoman. Boone must now file an affidavit with Judge Yeoman explaining Judge Wilson's alleged bias.