Jared Fogle’s Request to Have Judge Removed Because She's a Parent Denied

Fogle is currently serving a prison sentence in Colorado.

Jared 'The SUBWAY Guy' Fogle

NEW YORK, NY - AUGUST 28: Jared 'The SUBWAY Guy' Fogle speaks at the Star Wars Rebels Promotion Kick-Off at Subway Restaurant on August 28, 2014 in New York City. (Photo by Ben Gabbe/Getty Images)

Jared 'The SUBWAY Guy' Fogle

Disgraced Subway spokesman Jared Fogle is currently serving 15 years in prison on child pornography charges, and is grasping for any reason available to get his sentence overturned.

Fogle's lawyers recently filed documents in his home state of Indiana requesting to have judge Tanya Walton Pratt removed from the case on the basis that she has teenage daughters and is thereby automatically biased. Pratt has already denied Fogle's appeals for a shortened sentence twice, once in February 2016 just shortly after his sentencing and again in January 2018 when he drew up the legal paperwork claiming the judge unjustly allowed prosecutors to charge him with conspiracy.

Unfortunately for Fogle, his argument for why he thinks Pratt as unfit to rule didn't stick. According to TMZ, his request was denied because having children does not, and has never, proven partiality. Recusal only applies if the judge holds ill will towards a specific defendant.

The ruling obtained by TMZ specifically reads, "All judges in this court have children, as do countless other members of our nation's judiciary ... Requiring recusal solely because a judge is a parent would hamstring the judiciary and depart from precedent that requires specific indicia of bias towards a party."

While his appeals attempts have by no means run out, all signs point to him serving the full sentence. He is currently being held in a low-security prison in Colorado.

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