An attorney for Terry Lynn Barton say her state prison sentence for starting last year's Hayman Fire should be vacated. The defense lawyer says Judge Edward Colt shouldn't have heard the case because smoke from the wildfire forced him out of his home. He also helped feed firefighters battling the blaze.
Attorney Sharlene Reynolds says Colt should have revealed his involvement when first assigned the case. Colt sentenced Barton to 12 years in prison on a single state arson charge. She had already been sentenced to six years in prison on federal charges.
Reynolds says she'll file a formal motion asking Colt to recuse himself. That would automatically vacate the state sentence.