Judge Robert Lane has recused himself from presiding over the trial of Darrin Tuck Jr.

Tuck is a Pahrump resident who turned over a video tape of a 2-year-old girl being sexually assaulted.

The victim, now seven years old, was found safe and sound living with her mother in Vegas.

The video also led to the identification and subsequent arrest of the alleged perpetrator of the assault, Chester Stiles.

Tuck, who has continually maintained he found the tape in the desert, turned it over to authorities in September.

The possession of child pornography charge stems from allegations by the Nye County Sheriff's Office that he held on to the tape for several months prior to turning it over to authorities.

Lane's recusal is based on three things.

First of all, the recusal states, Lane has already presided over a second, unrelated court appearance at which Tuck was found guilty of violating his parole.

The parole was based on a charge of failure to pay child support to which he pleaded guilty.

Secondly, at the time he turned over the tape, Tuck was a participant in drug court, and as such Lane had previously associated with him.

Finally, Lane had discussed the tape with Drug Court Facilitator Gerald "Bear" Smith (better known to locals as the court bailiff) and Drug Court Coordinator Scarlett Patrick.

According to the recusal order, both Smith and Patrick told the judge about Tuck's dilemma and that they had advised him to turn the tape over.

"Other than second hand knowledge of these communications between drug court staff and the defendant, Judge Lane has no outside knowledge of the facts of the case," the recusal states. "However...it is not unreasonable for Judge Lane to recuse himself to avoid any potential conflicts based on the appearance of impartiality."

The case will now be heard by Department I Fifth District Court Judge John P. Davis.

A date for the trial has not been set yet, however, it is expected to be held in Tonopah.