Jackson, TN. (Nov. 19) - Citing his close ties with Mary Winkler's father-in-law and the Church of Christ, a judge on the Tennessee Court of Appeals recused himself from hearing the Winkler custody case that originated in Carroll County.
 
Judge Alan Highers told the Memphis Commercial Appeal he had decided when the case first appeared before the appellate court that because he knew members of the Winkler family, he would not be able to participate.
 
Winkler, 33, was convicted earlier this year of involuntary manslaughter for the shooting death of her husband, Matthew Winkler at their Selmer residence in 2006. Winkler was a Church of Christ minister in Selmer and his father, Dan, is a Church of Christ minister in Huntingdon in Carroll County.
 
She currently is on probation until 2010, after serving seven months in jail and a mental institution. Since her release, she has been fighting for custody of her three daughters, who live with her in-laws in Huntingdon.
 
Judge Highers also is a Church of Christ minister and attended Freed-Hardeman University in Henderson, like the Winkler ministers.
 
The judge told the Commercial Appeal that he didn't want the appearance on not giving Mary Winkler a fair hearing, so he will be stepping down.
 
The clerk at the Western district court office in Jackson said Judge Higher's recusal is not officially on file yet.

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