UPDATE: Kelowna judge who cried at victim state won't recuse herself from sentencing

(UPDATE: 12:20 p.m.) - Judge Monica McParland will stay on to sentence Jeremy Carlson.

The Kelowna judge announcement today that she would not recuse herself from sentencing because there's no evidence of bias.

She claims that just because a judge demonstrates human compassion, it doesn't mean there's judicial bias.

The affidavits presented by defence lawyer Jacqueline Halliburn relied on inappropriate opinion and speculation about how she "must have been feeling," McParland said.

Carlson is charged with assault and sexual interference of a person under the age of 16 and later pleaded guilty to sexual interference of a minor.

The Crown had asked for up to 20 months in jail, followed by probation.

(Original story: 8:30 a.m.) - A Kelowna judge who cried during a victim impact statement in July is expected to make an announcement regarding her future involvement with the trial today.

Judge Monica McParland may disqualify herself from sentencing the defendant, Jeremy Carlson, for sexual assault.

Carlson’s lawyer, Jacqueline Halliburn, told McParland in July that she was incapable of delivering a fair sentence because of the emotions she showed during the statement.

She also claimed that she scoffed at the defence’s suggestion for a sentence.

Halliburn asked McParland to recuse herself, saying judges don’t cry in every sexual interference case and her reaction to the defence’s suggestion for a sentence showed bias.

On the other hand, crown prosecutor, Angela Ross, countered Halliburn by saying judges are expected to show compassion and humanity.

Ross also believes that no scoff was heard from the judge in a court recording.

Carlson is charged with assault and sexual interference of a person under the age of 16 and later pleaded guilty to sexual interference of a minor.

The Crown had asked for up to 20 months in jail, followed by probation.

With files from the Canadian Press.