Judge Cheryl K. Hendrix

Byline by J.W. Brown

Time is running out for Debra Jean Milke's trial as it enters its fourth week. The case could end in a mistrial if it is not concluded by Thursday.

On Tuesday, Judge CHERYL HENDRIX of Maricopa County Superior Court warned attorneys that "two jurors have travel plans at the end of the week that cannot be changed". Their departures will cause the jury panel to drop to 11 members, one fewer than required by law. When the trial began September 12, there were 16 jurors in the panel, including four alternates, to assure there would be the necessary 12 jurors when deliberations began.

In less than a week, one juror had to be dismissed for personal reasons. At the close of testimony last Thursday, the judge excused two more jurors - one who was traveling to England and another who had business meetings that could not be canceled. That left only one alternate still on the jury panel. When the two traveling jurors leave Phoenix at week's end, the trial will not be able to continue until they return October 29. "Gentlemen, take notice that come Thursday, we will have to declare a mistrial or take an extensive recess," Hendrix said.

Milke is on trial for conspiracy to commit murder, first-degree murder, kidnapping and child abuse for the December 2 slaying of her only child, 4-year-old Christopher.

A long recess in the middle of a murder trial is unusual but not unprecedented. In February, Judge Kenneth Fields of Maricopa County Superior Court imposed a three-week recess in the trial of Stephen Wilson, who was charged with murder in the 1981 disappearance of Phoenix Gazette newsboy Brian Bleyl. Fields suspended the trial to travel to Europe on a vacation that had been planned months in advance and could not be rescheduled. He said the recess was in the interest of justice, because it did not impose unnecessary rushing to conclude the trial.

After the case reconvened, Wilson was acquitted of the charges.

Byline by Victoria Harker, The Arizona Republic/ Republic writer Abraham Kwok contributed to this article.

A controversial judge who balked at giving the maximum sentence to a repeat child molester because his victim was not an "emotional basket case" has been removed from hearing criminal cases.

Maricopa County Superior Court Judge Cheryl Hendrix will handle domestic-relations cases instead, said Judge Robert D. Myers, presiding judge of the court. Myers said Friday that he was transferring Hendrix for several reasons, not solely because of public ire over her handling of two recent cases.

Hendrix also has been criticized for setting low bail for a young woman who sealed her newborn baby in a plastic bag and dumped him in a campground toilet at Canyon Lake. Carmelita Aguirre, an undocumented immigrant from Mexico, later skipped bail and disappeared.

Myers said he transferred Hendrix because "it was in the best interest of the court and the community. There are lots of reasons why I did it, but that is not the reason why," Myers said of the controversy surrounding the two recent cases. "I cannot discipline judges."

He added that he has never received a complaint about Hendrix acting unethically or violating the Code of Judicial Conduct. Hendrix could not be reached Friday for comment.

Her comments surrounding convicted child molester Charles Richard Yancey, 50, were one source of controversy. Yancey was on probation after serving 13 years for molesting an 8-year-old girl in cemeteries when he was arrested this year reportedly for repeatedly molesting a friend's 5-year-old daughter.

He entered a plea agreement that Hendrix said was too stiff because the victim was not "an emotional basket case." She later recused herself from the case after her office received several calls from angry citizens.

Yancey was sentenced last month by judge Mark Aceto to the maximum term under the plea agreement, 15 years, for attempted child molestation. He was also placed on lifetime probation.

The judge also had her wrist slapped in the form of a censure order from the Arizona Supreme Court for handing a man convicted of robbery a can of beans at his sentencing. The robber had left a can of beans at the checkout counter during the holdup of a convenience store.

On Friday, a small sampling of Valley attorney provided mixed reviews of Hendrix, who has served as a civil, criminal and domestic-relations judge for 15 years. "She has a personality, as do most of us," said a prosecutor who asked to remain anonymous. "As far as ... the cases I have prosecuted in her court, I have never had a problem with her. I've never observed her to make any comments out of line."

Another prosecutor who wished to remain unidentified said Hendrix occasionally made poor decisions that created a "lack of respect" for the court.

"I don't think she was a bad judge," he said. "I don't think 90 percent of her decisions were improper."

Myers said he is upset that the transfer of one judge has received publicity while the numerous national awards won by judges and the court have gone largely unnoticed.