Federal prosecutors in New Jersey want a judge kicked off a high-profile murder case for bias.

Attorney Paul Bergrin is charged with murder and numerous other crimes, including racketeering. His first trial in November ended in a hung jury.

During the trial, prosecutors sparred frequently with U.S. District Judge William Martini over his decision to sever some counts and exclude some evidence.

This week, the U.S. Attorney's Office filed a motion with a federal appeals court to have Martini removed from the case. They say Martini's words and actions show his impartiality is in question.

The 3rd U.S. Circuit Court of Appeals in Philadelphia is scheduled to hear arguments in March.

(Copyright 2012 by The Associated Press.  All Rights Reserved.)

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