WOODLAND, Calif. -- The defense for a man accused of killing a Yolo County sheriff's deputy asked the judge in the case to recuse himself.

Marco Antonio Topete, 35, has been charged with one felony count of murder with special circumstances since the victim was an officer.

But even before that complaint was formally read by the judge, the defense filed a motion to ask the Judge David Rosenberg to recuse himself from the case.

In that same motion, the defense attorney challenged the entire panel of Yolo County judges to be able to preside in the case.

"I believe there's an issue of constitutionality of the original arraignment not being a public hearing. There's also an issue of fairness and impartiality at the bench," Yolo County deputy public defender Dean Johansson said.

The defense alleged that Rosenberg made himself a material witness in the case by conducting the internal investigation into the original arraignment, and that he violated his own gag order by issuing a news release on the investigation. The defense also alleged collusion between judges, staff, and the Yolo County Sheriff's Department -- including changing court calendar dates to allow more deputies to attend the original arraignment.

A gag order prevents attorneys from talking about the case.

The judge was expected to read the formal complaint to Topete Friday in an open courtroom to include the public, media and family members.

However, because of a motion filed by the defense, the case will continue on Thursday.

The defendant's wife, Angelique Topete, spoke to reporters at the courthouse.

"Today is about the Diaz family. We would really, really like to express our condolences and our sympathies. You know, today is a day for his family, and for him, and that's all we want to say," Angelique Topete said.

Topete is accused of leading police on a high-speed chase from Davis north to Dunnigan earlier this month.

Deputy Tony Diaz was shot to death at the end of the chase, police said. Topete was captured at a rest stop after a massive manhunt.

Records show Topete has a history of assault, prison time and gang ties.

Topete has two strikes against him under the state's three-strikes law. If convicted of killing Diaz, Topete faces a life prison sentence.