Fogle: Judge With Teen Daughters Is Biased

He wants her to recuse herself from his case
By Rob Quinn,  Newser Staff
Posted Feb 8, 2018 1:42 AM CST
Fogle: Judge Is Biased Because She Has Daughters
This Aug. 19, 2015 photo shows former Subway pitchman Jared Fogle leaving the Federal Courthouse in Indianapolis.   (AP Photo/Michael Conroy, File)

"He who represents himself has a fool for a client," according to an old saying that Jared Fogle isn't doing much to disprove. The former Subway pitchman, who is serving a 15-year sentence for child pornography and child prostitution, has filed a bizarre appeal arguing that the judge who has presided over his case is biased because she has two teenage daughters, the Indianapolis Star reports. "It is the opinion of a 'reasonable party' that Judge Tanya Walton Pratt has demonstrated she is prejudicially biased to the Defendant Jared S. Fogle, and should in facts and law, recuse herself from these proceedings," Fogle writes in the filing, one of several self-written legal documents he has submitted in recent months.

Fogle—whose crimes involved teenage girls being illegally photographed and a teenage prostitute—has also argued that Pratt wrongly allowed prosecutors to charge him with conspiracy, WTTV reports. After Fogle pleaded guilty in 2015, Pratt handed down a sentence harsher than the maximum 12.5 years prosecutors had agreed to in a plea deal. Last year, a federal appeals court upheld the sentence as reasonable "in light of the district court's sound exercise of discretion under the disturbing facts of this case." Fogle is required to serve at least 85% of his sentence, which he is serving at a low-security federal prison in Colorado. (In 2016, Fogle sued the parents of one of his victims, arguing that they were the ones responsible for her emotional distress.)

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