Judge says he needs more time on decision to remove Pinkston from prosecution

Staff Photo by Dan Henry / The Chattanooga Times Free Press- 2/15/16. Detective Rodney Burns of the Gatlinburg Police Department is sworn in as a witness before Judge Robert Philyaw during a preliminary hearing for the Ooltewah High School basketball coaches and the school's athletic director in Hamilton County Juvenile Court on February 25, 2016. Hamilton County District Attorney Neal Pinkston charged head coach Andre "Tank" Montgomery, assistant coach Karl Williams and Athletic Director Allard "Jesse" Nayadley with failing to report child abuse or suspected child sexual abuse in connection with the rape of an Ooltewah High School freshman by his basketball teammates Dec. 22, 2015.

Hamilton County Criminal Court Judge Tom Greenholtz said he needs more time to determine if Hamilton County District Attorney Neal Pinkston can continue prosecuting Rodney Burns.

Burns is a detective with the Gatlinburg Police Department, and faces charges in connection with the Ooltewah High School rape case.

Burns is charged with two counts of aggravated perjury, a class D felony that carries a sentence of between two and four years behind bars, because of his February testimony in the case.

Burns appeared this morning before Greenholtz.

Greenholtz heard arguments between Hamilton County District Attorney Neal Pinkston, and Burns' attorneys, Bryan Delius and Stephen Greer.

Delius and Greer argued that Hamilton County District Attorney Neal Pinkston should be removed from the case.