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A Superior Court judge disqualified himself from hearing the Sagon Penn trial Friday because he was represented by Penn’s attorney in a lawsuit to recover an investment in the fraud-ridden J. David & Co.

Judge Michael Greer sent Penn’s murder case back to Presiding Judge Donald Smith, who reset the trial date for Feb. 13.

“Judge Greer felt it was not appropriate for him to handle the case,†said defense attorney Milton Silverman.

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Silverman said he represented Greer in a lawsuit involving the loss of $50,000 that he had reportedly invested in J. David (Jerry) Dominelli’s now bankrupt firm.

Greer disqualified himself during a private conference Friday. Silverman said the judge backed out of the case on his own and not because of any challenge by prosecutors.

Penn, 24, is charged in the slaying of San Diego Police Officer Thomas Riggs, 27, and the wounding Donovan Jacobs, 29, and civilian Sara Pina-Ruiz, 32.

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