Analysis: Why Peterson's lawyer wants to keep judge

Minnesota Vikings star Adrian Peterson is fighting an attempt by prosecutors to remove the judge in Peterson's felony child abuse case – a move that raises the volume in a battle over who should preside over the high-profile trial.

While both sides have cited legal reasons for why they support or oppose the removal of Judge Kelly Case, the underlying motives could be strategic:

Are they more likely to win their case with -- or without -- Case on the bench?

Montgomery County (Texas) District Attorney Brett Ligon said he wants Case recused from the Peterson case because he believes Case is biased against his office. He noted in court filings that Case recently referred to both Ligon and Peterson's attorney, Rusty Hardin, as "media whores."

But Hardin filed a court document this week that said the district attorney's motion to recuse Case is "a tale of sound and fury" – and not enough to warrant Case's removal.

"The 'media whores' remark is the ultimate red herring recusal allegation," Hardin's reply stated.

"Mr. Ligon's hurt feelings are not a basis for Judge Case's removal."

One of Hardin's objectives is to get Peterson to trial as quickly as possible. If Case stays on the case, that trial could start Dec. 1. If not, it could take longer. The longer it takes, the longer Peterson stays out of action in the NFL.

Locally, Case is viewed by some as having a bias in favor of the defense. He recently came under criticism from the Texas Patriots PAC, a political action committee that describes itself as a Tea Party organization supporting limited government and free markets.

Referring to court decisions unrelated to the Peterson case, the Texas Patriots PAC issued a statement last month condemning the Republican Case while praising Ligon, who is also a Republican.

"Judge Case's behavior in the court has been riddled with maneuvers typical of a defense attorney intent on stalling justice," said a statement last month from Julie Turner, president of the Texas Patriots PAC. "Judge Case's actions continue to demonstrate an obvious bias toward the defense."

Both Ligon and Case were recommended by the Texas Patriots PAC in the Republican primary election of 2012.

"We are delighted with the work District Attorney Ligon is doing to tirelessly pursue justice…" the statement last month said. "Judge Case, on the other hand, has not delivered on the promise to be an effective, impartial judge."

A hearing on the motion to recuse Case is scheduled for Wednesday in Conroe, Texas.

Peterson, 29, was indicted last month on a charge of felony injury to a child. Peterson allegedly used a switch to physically discipline his 4-year-old son, resulting in injuries deemed excessive by community standards. Peterson acknowledged he had disciplined his son but said the resulting injuries were unintentional.

Follow Brent Schrotenboer on Twitter @Schrotenboer. E-mail: bschrotenb@usatoday.com