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  5. 164 F.Supp.2d 49 (1998)
 

U.S. v. SALEMME

Nos. CR. 94-10287, CR. 97-10009.

164 F.Supp.2d 49 (1998)

UNITED STATES of America v. Francis P. SALEMME, et al. United States of America v. John Martorano.

United States District Court, D. Massachusetts.

February 13, 1998.

Attorney(s) appearing for the Case

Randolph Gioia, Boston, MA, Anthony M. Cardinale, Cardinale & DiMauro, LLC, Boston, MA, for Robert P. DeLuca.

MaryEllen Kelleher, Law Office of Richard Egbert, Boston, MA, John Mitchell, Law Office of John Mitchell, New York City, Anthony M. Cardinale, Cardinale & DiMauro, LLC, for Francis P. Salemme.

Richard M. Egbert, Boston, MA, Kenneth J. Fishman, Fishman, Ankner & Horstman, LLP, Boston, MA, Kimberly Homan, Sheketoff & Homan, Boston, MA, for Stephen J. Flemmi.

Sean E. Curran, Manchester, NH, for George Kaufman.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. Summary

Federal law requires that a presiding judge not have a personal bias or prejudice concerning any party. 28 U.S.C. § 455(b)(1). It also requires that a judge decide matters based solely on the evidence presented in judicial proceedings. This means, among other things, that a judge may not preside if he: (a) "participated as counsel, adviser or material witness concerning the...

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