May 6--MILFORD -- Judge Eddie Rodriguez Jr. denied prosecutors' motions Wednesday to recuse himself from deciding a sex assault case.

Closing arguments will be held Thursday morning in Milford Superior Court in the trial of Manfred Vives, a former judicial marshal in the courthouse accused of having inappropriate contact with a female prisoner in the cellblock.

Rodriguez told Supervisory Assistant State's Attorney Kevin Russo and Megan McLoughlin, Vives's lawyer, that he will instruct the jury not to interpret any of his questions to witnesses as partiality to either side.

Russo had taken the unusual step of asking the judge to withdraw from the case after Rodriguez asked a witness about the alleged victim's reputation.

"She's a whore," the witness had replied. "Everything she does is sexual in some way." The judge and both lawyers said the remark, made in the presence of the jury Tuesday, surprised them, but Rodriguez noted that judges often question witnesses to get clarification.

Vives, who no longer works as a judicial marshal, is charged with fourth-degree sexual assault and disorderly conduct in the alleged incident on Nov. 6, 2007, while he was guarding female suspects in the courthouse lockup.

"This case will rise and fall for the state on the statements of the accused and the alleged victim," Rodriguez said. "I was surprised that this matter wasn't transferred to another jurisdiction. This is a delicate misdemeanor case involving a former employee of this building, with current employees being called to testify." Russo had argued that the statement elicited by Rodriguez' question violated the victim's rights under the state's rape shierld law, since it supposedly referred to her prior sexual conduct. Such testimony is inadmissible in all but rare circumstances, none of which is involved in this case.

McLoughlin said she objected to the motion that Rodriguez recuse himself, because the witness statement referred to reputation, not conduct, and that the prosecution knew that there was animosity between the female witness and the victim.

"My job is to defend my client," the Southport lawyer said. "This is a criminal trial. Anything that is said is on the record."

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