The lawyers for Cameo Pettaway, charged in the death penalty case involving the 2011 asphyxiation deaths of a Springfield Township couple, have asked the Supreme Court of Ohio to disqualify the judge presiding over the case.

In an affidavit for disqualification filed Monday, attorneys Merle Dech and Mark Geudtner said disqualification of Lucas County Common Pleas Court Judge James Bates was "necessary in order to assure defendant's rights to due process and a fair and reliable trial."

Judge Bates declined to comment directly on the filing, but in a written response to be filed with the Supreme Court, he called the request "a ploy for appeal."

Mr. Pettaway, 22, of 133 Essex St. and co-defendant Samuel Williams, 24, of 1626 Kelsey Ave. are charged in the Jan. 31, 2011, asphyxiation deaths of Lisa Straub and Johnny Clarke. The pair were found bound by duct tape, with plastic bags over their heads, in the Longacre Lane home of Ms. Straub's parents.

Both men have trial dates set for May 29.

Last week, Mr. Dech and Mr. Geudtner filed a notice of defendant's withdrawal of Remittal of Disqualification, stating that Judge Bates should disqualify himself as the judge in the case.

Specifically, the notice stated Mr. Pettaway did not "genuinely understand the purpose and significance of the Remittal of Disqualification when he signed it."

Because Judge Bates is married to Lucas County Prosecutor Julia Bates, a remittal document is signed by each defendant whose case is assigned to him.

Judge Bates denied the request May 9, saying that in the months since the remittal was signed on Oct. 25, he has not talked about the case with his wife. He further said he has ruled on many motions in the case.

The attorneys included in the disqualification request filed with the Supreme Court rulings previously made by the judge. Specifically, the lawyers referenced an April 18 judgment entry where Judge Bates denied an interim fee request for the defense mitigation expert, writing that the fees were "outrageous" and "a form of extortion upon the court."

"The judge's incendiary wordings have had a chilling effect on defense counsel's ability to prepare for trial, as our mitigation specialist has expressed reluctance to perform any further services on the case for fear that she won't be paid and that her professional reputation might be further tarnished," the document stated.

In response, Judge Bates noted the "11th-hour" nature of wanting to "change judges" and stated that all rulings made during a case can be appropriately appealed.

"As it relates to any pretrial rulings in the case, those issues may be looked at upon direct appeal," he wrote. "It is not the purpose of an affidavit of disqualification to question an unfavorable ruling or to look at the 'chilling' effect on counsel."

According to state code, the case has been put on hold in common pleas court. Chief Justice Maureen O'Connor will make the decision.

Previous rulings by the high court have opined that "a judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions."

First Published May 16, 2012, 4:00 a.m.