COLUMBUS — Ohio Public Defender David Bodiker's decision to step away from the hearing involving a condemned inmate's innocence claim was a good move given the tension between him and the federal magistrate conducting the hearing, say two specialists in criminal law.

        They also said the relationship between Mr. Bodiker and U.S. Magistrate Michael Merz should not affect the hearing's outcome.

        Mr. Bodiker asked Mr. Merz on Friday to allow himself and his team to withdraw from the case of John W. Byrd Jr. The move followed disclosures that Mr. Bodiker's office earlier failed to reveal several sworn statements from another inmate who says he killed a Colerain Township convenience store clerk in 1983.

        Mr. Merz ruled that only Mr. Bodiker could step aside and that other public defenders must continue to represent Mr. Byrd. The magistrate said the ruling applied only to last week's proceedings.

        Margery Koosed, a University of Akron law professor who specializes in criminal law, procedures and death penalty cases, said Friday that courtroom relationships can turn the focus away from the case.

        “It's important for individuals appearing before the court and the court itself to be in a position to work with one another,” said Dr. Koosed, who emphasized she had not reviewed what occurred during the hearing. “There are times when lawyers may conclude they are not the best individuals to present the concerns on behalf of their clients.”

        Twice last week, Mr. Merz angrily criticized Mr. Bodiker for producing statements during the hearing that backed Mr. Byrd's claim that he was not the man who stabbed Monte Tewksbury to death during a robbery.

        A man with Mr. Byrd the night of the slaying, Mr. John Brewer, has confessed to killing Mr. Tewksbury. Five affidavits have been taken from Mr. Brewer. Two of the statements were disclosed earlier this year, and three were revealed during the hearing.

        Prosecutors say Mr. Brewer, also convicted of murder in the slaying and cannot be tried again, is only trying to spare his friend's life.

        “When things get tense between counsel and the court, I think conscientious counsel does whatever it takes to get rid of that tension,” said David Goldberger, director of the Ohio State University College of Law's legal clinic.

        If Mr. Merz rules in Mr. Byrd's favor and the 6th Circuit agrees, Mr. Byrd will be able to ask the judges to overturn his death sentence. He had been scheduled to be executed on Sept. 12, but the appeals court postponed it.

        Mr. Merz must make his recommendation to the 6th Circuit by Nov. 30.

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