LaFAYETTE, Ga. -- A motion filed Friday by Tri-State crematory operator Ray Brent Marsh's lawyer asks for the grand jury to be disqualified.
Defense attorney Ken Poston claims the order allowing selection of the grand jury was signed by a judge who disqualified himself from the crematory case.
Judge Jon Bolling Wood, who signed the order Sept. 16, 2002, and three other judges removed themselves in March, citing personal ties to the case.
District Attorney Herbert "Buzz" Franklin has said that if the grand jury doesn't have 16 members who can hear evidence against Marsh, the case would be delayed until May.
Marsh is facing nearly 400 felony criminal charges related to bodies found at the crematory. He allegedly stopped performing cremations in 1997, when he took over the family business from his father.