VENICE & ARCADIA, Fla. - Is it cherry picking or not? It's the question for a judge in Venice Monday.

Lawyers for James Joseph Richardson, the former Arcadia man wrongfully convicted in the murder of his seven kids in 1968, are trying to get Richardson more than one million dollars from the state for the time he wrongfully spent behind bars. A new law allows innocent people to collect $50,000 for time they spent convicted in prison.

Richardson's lawyers are trying to get the State Attorney's Office for 12th Judicial District removed from the case because of possible bias. That is the State's Attorney's office that originally convicted Richardson.

Dennis Nales, the Chief Assistant State Attorney for the 12th Judicial District say they are not bias. He told Judge Robert Bennett, "(Richardson's Attorney's) want an easy route... they want the deal to be made that they have already struck."

Nales says that just because Richardson's conviction was tossed-out, it does not mean Richardson is in fact innocent. He should have to prove innocence to get the money. Nales believes Richardson's Attorneys want the 12th Circuit out because Richardson's Attorneys already have a deal with the State's Attorney's Office in Miami to give Richardson the money.

The case had been moved to Miami in the 1980's and 1990's when new evidence showed-up showing Richardson was wrongfully convicted. Richardson was released after spending about 21 and a half years in prison.

Outside of the courtroom, Richardson's lawyer told WINK News that he's hopefully the case will move, but he's not sure. Robert Barrar said, "That's up to the judge.. I'm not a prognosticator... I'm not an odds maker."

The judge is expected to quickly rule on that motion.

Also lawyers and the judge discussed moving the case to an administrative court. The case is currently in criminal court. According to rules for claiming the money the case would have to move to administrative court. All parties agreed it made sense to move the case to administrative court, but the judge did not make an immediate ruling on that issue.

The move to administrative court would not stop the 12th Circuit State's Attorney's Office from blocking the $1.1 million for Richardson.