Posted: Feb 20, 2013 9:28 PM by Chris Welty
Updated: Feb 20, 2013 9:57 PM
As Seth Fontenot walked into court Wednesday he could not stop crying, and when his family saw him, they shrieked and also burst into tears.
It was a very emotional day. One person KATC spoke with off camera said, "This is a stressful day for everyone. No matter what side you're on, there's no winners today."
More than 150 people attended the hearing, some wearing ribbons and buttons with Austin Rivault's picture.
It was standing room only as the courtroom location changed three times until there was a one big enough for everyone.
The state filed a motion for Judge Herman Clause to recuse himself from the case. Judge Clause says he does know one of the victim's parents but he can remain impartial and hasn't spoken to that person in decades.
Judge Clause also attends the same church as Seth Fontenot's girlfriend but says he doesn't know her and it wouldn't affect his judgment.
The State is asking Judge Clause to voluntarily recuse himself or refer the matter to another judge to decide if Clause is fit to handle this case.
Fontenot's attorney, Tommy Guilbeau is upset with the state's motion saying; Fontenot already spent ten days in jail calling this "another tactic to delay, delay, delay while his client waits in jail."
Judge Clause has postponed the hearing on his possible recusal until Thursday.