(AP) A former University of Virginia and pro football player convicted of scamming people out of $10 million is seeking a new judge for the retrial of the case.
Merrill Robertson Jr., 39, says U.S. District Judge John A. Gibney Jr. is biased, having sentenced him to 40 years in prison in the case in 2017, the Richmond Times-Dispatch reported.
Prosecutors say Robertson and a co-conspirator operated a Richmond investment agency that sold promissory notes with a promised 20% annual return. Instead, they say he used the investments to buy luxury items.
An appeals court panel this year ordered another trial. It ruled the judge didn’t adequately ask jurors if they had read a related newspaper story, which noted the judge said Robertson wasn’t truthful.
A May 2 hearing is set for the recusal motion.