(KAIR) -- The wrongful death lawsuit filed by the children of murdered rural Horton resident Patricia Kimmi against their father, Eugene, and Roger and Rebecca Hollister has been placed on hold.
The ruling came November 2nd after Roger Hollister filed a motion the day before to disqualify presiding judge Robert Bednar.
In the motion, Hollister cites a September 12th hearing when a request for a motion of discovery was denied. The motion states that Bednar told him “It’s just that you have to pay for it like everyone else.”
Hollister, who is representing himself in the case, says in the motion that self representation is necessary because he can’t afford an attorney.
Hollister also cited in the motion that Bednar was “hostile” to him in court, and threatened to charge any inmate assisting Hollister with legal advice for practicing without a license.
A pre-trial conference scheduled for Wednesday was cancelled until a ruling occurs on Hollister’s motion from Chief District Judge David King.
However, the jury trial is still tentatively set for January 14th.
The lawsuit filed by the Kimmi children claims Eugene Kimmi conspired with Roger Hollister and his wife, Rebecca Hollister, to cause Patricia Kimmi's death.
The lawsuit, filed in Atchison County District Court, seeks an amount of more than $75,000.
Patricia Kimmi was last seen alive on Nov. 6, 2009. Her remains were found six months later on a farm near Sabetha.
Roger Hollister was sentenced to life in prison for Patricia Kimmi's death.
Rebecca Hollister and Eugene Kimmi have been questioned in the case, but never charged.
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