Werneckes want Judge Lewis removed from case
by Kathryn Garcia
An attorney for the parents of 13 year old cancer patient Katie Wernecke has filed a motion requesting that Juvenile Judge Carl Lewis step aside as judge in Katie's custody case.
Mc Kinney attorney James Pikl, who represents Katie's parents, Edward and Michele Werncke, state in a motion filed Tuesday that Lewis' Sept 16 visit to Katie at M.D. Anderson Cancer Center in Houston was inappropriate because it was conducted alone without court officials. The motion says that Lewis no longer can be impartial.
"We want justice served, and for them to return Katie to us," said Edward Wernecke.
Assistant District Attorney Tom Stuckey is working to file the state's responses to the Wernecke's motions by the end of the week.
Stuckey said Lewis'conduct is not illegal when a visit has been requested. Katie's attorney Linda Schauer requested Lewis and Katie meet earlier this month, Stuckey said.
"I think Judge Lewis is doing the best job he can." Stuckey said. "He spent a lot of time discussing the case and talking to Katie."
Pickl, who couldn't be reached for comment, also filed a motion Friday requesting that an order limiting contact between Katie and her parents be dismissed, alleging Lewis' health condition hindered his decision making abilities. Lewis was recoveing from open-heart surgery last week when he signed an order barring Katie's father Edward Wernecke from all communication with Katie and limiting Katie's mother Michele Wernecke to supervised visits.
That motion was denied Monday by the 13th District Court of Appeals......
Corpus Christi Caller Times Wednesday September 28, 2005