David Wieseckel's attorney, Nick Poehl, asked Wednesday for a mistrial and for Judge Michelle Slaughter to recuse herself after she posted a Facebook comment about the box, which has not yet been introduced as evidence.
Hours later, a judge granted the motion and it was decided that Judge Lonnie Cox would take over the case.
In response, Judge Slaughter issued the following statement to Eyewintess News:
"In an effort to provide governmental transparency, I made statements on my Facebook page that were readily available to any member of the public who was present in the courtroom."
Wieseckel is facing charges of unlawful restraint of a child and injury to a child. Authorities say he and his wife locked his nine-year-old son in a wooden box. In 2012, the boy ran from home and that's when authorities discovered the plot. Child Protective Services officials then placed him in foster care.
Poehl says he plans to file a new motion for mistrial Thursday morning.
