I would ask you to completely disregard any reference to that. It doesn't have anything to do with this case, thank you. Additionally, defendant objected to the state's reference to battered women syndrome during closing argument as beyond the scope of evidence. The court overruled the objection stating it believed the state was speaking in general terms and not referring to the evidence in the case. After conviction, the court sentenced defendant to six months in the St. Charles County jail for trespass, five years in the Missouri Department of Corrections for attempted deviate sexual assault, and one year in the St. Charles County jail for assault, with the sentences to run concurrently.
Defendant raises four points on appeal.
In his first point, defendant argues the trial court erred in denying his motion for a mistrial after the trial judge disclosed he had represented victim's mother three years prior to the trial from which this appeal stems. Defendant maintains the trial judge should have recused himself because his impartiality could reasonably have been questioned. Our review must be based upon the objective facts of the record as we read it, from the standpoint of a reasonable and disinterested bystander, unacquainted with the personality, the integrity and the dedication of the judge. A judge should only be disqualified if a reasonable person, giving due regard to the presumption of honesty and integrity, would find an appearance of impropriety and doubt the impartiality of the court. Appellant must demonstrate an abuse of that discretion to overcome this presumption.