The judge in the case recused himself, arguing that Barton’s criticism had harmed his credibility and that Barton’s portrayal of the case was “selective and decidedly unnuanced.”
Whiteside was subsequently rearrested on federal charges. She faces two counts of transporting a minor across state lines for sexual activity and one count of coercion and enticement of a minor.
Whiteside had originally been released to home confinement to await trial for her federal charges, but she was taken back into custody at the request of prosecutors.
During the hearing in which a judge ruled against Whiteside remaining in home confinement, the judge expressed that she was “troubled” that the defense had characterized Whiteside’s relationship with her victim as a “sexual dating relationship” rather than as child sex abuse.
Whiteside’s attorney has characterized the federal charges against Whiteside as “retaliatory,” stemming from the fact that prosecutors were “really unhappy” with the sentencing ruling in her state case.
In November, Barton’s office filed a motion to resentence Whiteside for her state conviction in light of the fact that two former supporters had come forward to recant support letters.
Forty-nine people originally wrote letters in support of Whiteside in the run-up to her sentencing. However, according to Barton’s office, the two people indicated that Whiteside had led them to believe she was innocent, and one “described being under constant pressure to submit a letter of support.”
Earlier this week, a state judge denied the request of Barton’s office to resentence Whiteside for her state conviction, reportedly saying that the state cannot resentence Whiteside simply because the district attorney is “unhappy with the result” of the original sentencing hearing.
Whiteside remains in custody as she awaits her now thrice-delayed federal trial.
