Defense files motion to disqualify judge in hit-and-run case

MIAMI (WSVN) -- The defense attorney for a South Florida woman accused of striking and killing an executive chef on Miami Beach has filed a motion to disqualify the judge presiding over the case.

The move comes weeks after Miami-Dade Judge Migna Sanchez Llorens made a statement to defendant Karlie Tomica, 20, during a court appearance back in mid-February.

Llorens said to Tomica the following: "In life you make choices and you clearly made choices that night. You made choices to drink. It's indicated that your levels were beyond anything ordinary."

On Monday, the defense argued that the judge made this judgment without hearing any testimony or evidence regarding Tomica's blood-alcohol level.

In mid-February Tomica appeared in bond court where her charges were upgraded to DUI manslaughter, under the accusations that her blood-alcohol level was almost three times over the legal limit.

The motion filed by the defense attorney reads in part: "Of all the rights guaranteed by the due process clause, there is none more fundamental than the rights to an impartial judge."

Llorens will now have to recuse herself or deny it and then Tomica will have the option to appeal that decision.

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