Under California law, both the defense and the prosecution have the right to make one peremptory challenge to the appointment of a judge without having to provide a reason. 

On Thursday, Stanislaus County District Attorney James C. Brazelton filed a one-page peremptory challenge to remove Judge Arnason from the case.  The D.A. claimed in his challenge that, "I cannot have a fair and impartial hearing before said judge.'' 

Arnason was appointed on Wednesday to hear the case when it goes to trial in San Mateo County.  The 82-year0old jurist was called out of retirement to hear the case and brought with him over 40 years of experience including high profile cases such as the murder trial of Black Panther Angela Davis. 

The trial was set to begin on Monday, but will now be delayed until California Supreme Court Chief Justice Ronald George names a replacement for Arnason.  .