The subsequent appellate proceeding was presided over by Judge Colton, who had also presided over the 1982 trial in which Workman was originally convicted and sentenced to death. Following a series of acts deemed prejudicial to the defense, Workman's attorneys asked Judge Colton to remove himself from the case, but this was denied and the hearing proceeded with Judge Colton presiding. Observers contend that the subsequent trial was conducted in a manner biased against Workman, citing in particular the failure of Judge Colton to protect Mr. Davis and Dr. Wecht from abusive questioning by the District Attorney. Judge Colton also disallowed Wardie Parks, a member of the 1982 jury who has since renounced his verdict, to speak as a witness of new evidence.