Ziyad Abid, 24, has been jailed since September 5 on first-degree murder and armed criminal action charges. His case gained national attention when Judge Michael Wagner refused to release him after the Saudi Arabian government posted USD 2 million bail.
Abid was arrested after his roommate, Reginald Singletary Jr, told investigators that he killed bar owner Blaine Whitworth last September, and that Abid had paid him to do it.
Cook retired and handed the case to Wagner, who also said he was deeply troubled by the possibility that Abid would be deported if released from jail.
Singletary remains in jail on USD 1 million bond and has pleaded not guilty.
Abid's attorney, Pat Peters, said in a motion filed with a state appeals court this week that Singletary had refused to answer questions during a deposition Tuesday.