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 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.
Greenholtz denied two of their motions for dismissal, but said he needs more time to decide if the civil lawsuit Burns filed against Pinkston should remove him from prosecution.
All parties are scheduled to appear before Greenholtz again on Sept. 20.
In July, Burns filed a motion asking that Pinkston be removed from prosecuting his case, claiming his involvement in the prosecution is a conflict of interest due to the $300,000 defamation lawsuit Burns' filed against him in February.
In response, Pinkston filed a motion last week, stating why he's qualified to prosecute.
In the motion, Pinkston says that Burns' counsel offered to drop the civil lawsuit against him if he stopped criminal prosecution. He argues this demonstrates that the suit is "merely a feeble criminal defense tactic to disqualify General Pinkston and the District Attorney General's Office."
Burns' filed this defamation lawsuit after Pinkston asked the Tennessee Bureau of Investigation to investigate Burns for perjury.
Despite Burns' claim he didn't perjure himself during the testimony, the TBI's investigation found he was "untruthful."
According to the grand jury indictment, Burns "unlawfully and with intent to deceive" made two false statements under oath during his testimony.
After being indicted in May, Burns turned himself in at the Hamilton County Jail and was released on a $2,500 bond.
See Wednesday's Times Free Press for the full story.