Battery Defendant Seeks New Trial over Facebook Friendships of Judge’s Kids

Updated: A Chicago-area woman convicted of battering a child in a bench trial claims the judge should have recused himself because of the Facebook connections of his children.

The defendant, Kelly Klein of Wilmington, Ill., claims the judge’s children are Facebook friends with members of the family of the alleged victim, the Chicago Sun-Times reports. A court filing says Facebook friendships are "just the tip of the iceberg," and the social ties between the families are more extensive than social media connections.

The judge, Daniel Rozak, says in an affidavit that his children are adults who no longer live at home, and he doesn’t vet their friends or use their social networking sites.

Rozak was previously in the news for sentencing a courtroom spectator to six months in jail for letting out a loud yawn as his cousin was being sentenced. Rozak later freed the man after he served three weeks in jail.

A different judge rejected Klein's bid for a new trial on Wednesday, the Chicago Tribune reports. Judge Richard Schoenstedt of Will County said Klein's lawyer had presented only a "series of dots that are unconnected to Judge Rozak under any standard."

Updated on Dec. 15 to include the new judge's ruling.