People v. Rosario

Defendant, Nestor Rosario, was charged with four counts of murder, three counts of arson, and three counts of aggravated arson in connection with a residential fire that killed a three-year-old child. The State nol pressed two of the arson counts. After a jury trial, Rosario was acquitted of murder. The jury was unable to reach a unanimous verdict on the remaining counts and the court declared a mistrial on those charges.

Defendant’s attorney moved for a substitution of judges for the retrial, alleging that the trial judge was prejudiced against Rosario. Another judge heard the motion and…