Following Barton’s public criticism, Judge Andrew Howorth, who handed down Whiteside’s house arrest sentence, filed a motion to recuse himself from the case. Howorth indicated his belief that Barton’s portrayal of information in the case has been “selective and decidedly unnuanced.”
Later that same week, Whiteside was rearrested on federal charges. She has pleaded not guilty.
On Tuesday, (Oct. 28), a federal judge ruled that Whiteside would be released to 24/7 home confinement on a $60,000 unsecured bond, meaning that she would only be required to pay if she violates the terms of release. She is also to have no contact with the victim or anyone under the age of 18.
Prosecutors have filed for a stay of ruling on Whiteside’s release while they determine whether to appeal. Regardless of the appeal, Whiteside will remain in custody until her family can arrange for housing that is compliant with the terms of her release.
Tony Farese, Whiteside’s attorney, told WMC that the federal charges against Whiteside are “retaliatory,” stemming from the fact that prosecutors were “really unhappy” with the Howorth’s ruling on her sentence.
“Bottom line is, she gets sentenced in a state court [on] Oct. 13, they present this to the grand jury Oct. 23 in district court,” said Farese. “So it’s a subsequent, retaliatory indictment.”
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Whiteside’s trial is set to begin on Dec. 8.
