Tentative December trial date set in Adrian Peterson case

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Tentative December trial date set in Adrian Peterson case
Minnesota Vikings' Adrian Peterson, right, arrives for a hearing for the appeal of his suspension in New York, Tuesday, Dec. 2, 2014. (AP Photo/Seth Wenig)
Minnesota Vikings' Adrian Peterson arrives for a hearing for the appeal of his suspension in New York, Tuesday, Dec. 2, 2014. (AP Photo/Seth Wenig)
MINNEAPOLIS, MN - NOVEMBER 30: A fan holds up a sign in support of Adrian Peterson #28 of the Minnesota Vikings during the third quarter of the game against the Carolina Panthers on November 30, 2014 at TCF Bank Stadium in Minneapolis, Minnesota. The Vikings defeated the Panthers 31-13. (Photo by Hannah Foslien/Getty Images)
CONROE, TX - NOVEMBER 04: Football running back Adrian Peterson of the Minnesota Vikings arrives for a court hearing on charges of child abuse with his wife Ashley Brown at the Montgomery County Courthouse on November 4, 2014 in Conroe, Texas. Peterson entered a no contest plea and will avoid jail time. (Photo by Bob Levey/Getty Images)
CONROE, TX - NOVEMBER 04: NFL running back Adrian Peterson of the Minnesota Vikings addresses the media after pleading 'no contest' to a lesser misdemeanor charge of reckless assault November 4, 2014 in Conroe, Texas. Peterson's plea to the Class A misdemeanor comes with two years of deferred adjudication. Peterson also received a $4,000 fine and 80 hours of required community service. (Photo by Bob Levey/Getty Images)
CONROE, TX - NOVEMBER 04: Defense attorney Rusty Hardin, (L) and NFL running back Adrian Peterson of the of the Minnesota Vikings address the media after Peterson plead 'no contest' to a lesser misdemeanor charge of reckless assault on November 4, 2014 in Conroe, Texas. Peterson's plea to the Class A misdemeanor comes with two years of deferred adjudication. Peterson also received a $4,000 fine and 80 hours of required community service. (Photo by Bob Levey/Getty Images)
Minnesota Vikings running back Adrian Peterson, center, navigates through members of the media after making his first court appearance Wednesday, Oct. 8, 2014, in Conroe, Texas. A Texas judge has tentatively set a Dec. 1 trial date for Peterson on a charge of felony child abuse for using a wooden switch to discipline his 4-year-old son. (AP Photo/David J. Phillip)
Minnesota Vikings running back Adrian Peterson, center, stands with his wife Ashley Brown Peterson, center left, and mother Bonita Jackson, far left, as they listen to Peterson's attorney Rusty Hardin, right, outside the courthouse after making his first court appearance Wednesday, Oct. 8, 2014, in Conroe, Texas. A Texas judge has tentatively set a Dec. 1 trial date for Peterson on a charge of felony child abuse for using a wooden switch to discipline his 4-year-old son. (AP Photo/David J. Phillip, Pool)
CONROE, TX - OCTOBER 08: NFL player Adrian Peterson of the Minnesota Vikings walks with his wife Ashley Brown to a court appearance at the Montgomery County municipal building on October 8, 2014 in Conroe, Texas. Peterson did not enter a plea, and after about an hour in the courtroom the hearing was reset. A tentative trial date was set for Dec. 1. Petersen is facing charges of reckless or negligent injury to a child. (Photo by Scott Halleran/Getty Images)
CONROE, TX - OCTOBER 08: A fan wears a wildcat suit in support of NFL player Adrian Peterson of the Minnesota Vikings as Petersen prepares to arrive at a court appearance at the Lee G. Alworth Building and the Montgomery County 9th District Court in Conroe, Texas on October 8, 2014 in Conroe, Texas. Peterson did not enter a plea, and after about an hour in the courtroom the hearing was reset. A tentative trial date was set for Dec. 1. Petersen is facing charges of reckless or negligent injury to a child. (Photo by Scott Halleran/Getty Images)
CONROE, TX - OCTOBER 08: NFL player Adrian Peterson of the Minnesota Vikings enters the courtroom with his wife Ashley Brown and his attorney Rusty Hardin (R) at the Lee G. Alworth Building and the Montgomery County 9th District Court on October 8, 2014 in Conroe, Texas. Petersen is facing charges of reckless or negligent injury to a child. (Photo by David J. Phillip-Pool/Getty Images)
Minnesota Vikings running back Adrian Peterson, right, sits with his wife Ashley Brown Peterson, left, during his first court appearance Wednesday, Oct. 8, 2014, in Conroe, Texas A Texas judge has tentatively set a Dec. 1 trial date for Peterson on a charge of felony child abuse for using a wooden switch to discipline his 4-year-old son. (AP Photo/David J. Phillip, Pool)
Minnesota Vikings running back Adrian Peterson, left, listens to attorney Brian Wice, right, while making his first court appearance Wednesday, Oct. 8, 2014, in Conroe, Texas. A judge tentatively set a Dec. 1 trial date for Peterson on a charge of felony child abuse for using a wooden switch to discipline his 4-year-old son. (AP Photo/David J. Phillip, Pool)
Minnesota Vikings running back Adrian Peterson, center, leaves the courtroom with his attorney Rusty Hardin, left, after making his first court appearance Wednesday, Oct. 8, 2014, in Conroe, Texas. A Texas judge has tentatively set a Dec. 1 trial date for Peterson on a charge of felony child abuse for using a wooden switch to discipline his 4-year-old son. (AP Photo/David J. Phillip, Pool)
CONROE, TX - OCTOBER 08: NFL player Adrian Peterson of the Minnesota Vikings chats with his attorney Rusty Hardin (R) during a court appearance at the Lee G. Alworth Building and the Montgomery County 9th District Court on October 8, 2014 in Conroe, Texas. Peterson did not enter a plea, and after about an hour in the courtroom the hearing was reset. A tentative trial date was set for Dec. 1. Petersen is facing charges of reckless or negligent injury to a child. (Photo by David J. Phillip-Pool/Getty Images)
This photo provided by the Montgomery County sheriff’s office shows the booking photo of Adrian Peterson. Peterson was indicted in Texas for using a branch to spank one of his sons and the Minnesota Vikings promptly benched him for their game Sunday, Sept. 14, 2014 against the New England Patriots. Peterson turned himself in early Saturday at a jail in Montgomery County, near Houston, where he has a home. He was processed and released. (AP Photo/Montgomery County sheriff’s office)
The Montgomery County home of running back Adrian Peterson is shown Saturday, Sept. 13, 2014, in Spring, Texas, north of Houston. Peterson was indicted in Texas for using a branch to spank one of his sons. He turned himself in early Saturday at a jail in Montgomery County and was processed and released according to a jail records official. (AP Photo/David J. Phillip)
Minnesota Vikings running back Adrian Peterson gives his son Adrian Jr. a kiss following an NFL football training camp practice, Friday, Aug. 1, 2014, in Mankato, Minn. (AP Photo/Charlie Neibergall)
NASHVILLE, TN - AUGUST 28: Running back Adrian Peterson #28 of the Minnesota Vikings looks on during a preseason game against the Tennessee Titans at LP Field on August 28, 2014 in Nashville, Tennessee. (Photo by Ronald C. Modra/Sports Imagery/ Getty Images)
ST. LOUIS, MO - SEPTEMBER 7: Adrian Peterson #28 of the Minnesota Vikings rushes during a game against the St. Louis Rams at the Edward Jones Dome on September 7, 2014 in St. Louis, Missouri. (Photo by Michael B. Thomas/Getty Images)
Adrian Peterson accepts the award for best comeback at the ESPY Awards on Wednesday, July 17, 2013, at Nokia Theater in Los Angeles. (Photo by John Shearer/Invision/AP)
In this Aug. 16, 2014, photo, Minnesota Vikings running back Adrian Peterson (28) warms up before a NFL preseason football game against the Arizona Cardinals in Minneapolis.Millions of people using the top three fantasy football platforms have generated three different answers to the question of that top draft pick. Yahoo says LeSean McCoy of Philadelphia. ESPN says Adrian Peterson. CBS Sports says it’s Jamaal Charles of Kansas City. (AP Photo/Ann Heisenfelt)
Minnesota Vikings running back Adrian Peterson greets fans before an NFL preseason football game against the Kansas City Chiefs in Kansas City, Mo., Saturday, Aug. 23, 2014. (AP Photo/Charlie Riedel)
FILE - In this Dec. 1, 2013, file photo, Minnesota Vikings running back Adrian Peterson, left, tries to break a tackle from Chicago Bears free safety Chris Conte during the fourth quarter of an NFL football game in Minneapolis. Long before quarterbacks took center stage, the NFL was a running backs league. From Red Grange to Jim Brown to O.J. Simpson to Walter Payton to Emmitt Smith, the workhorse back has been a symbol of toughness and perseverance. (AP Photo/Ann Heisenfelt, File)
Minnesota Vikings running back Adrian Peterson, right, gets a block from offensive tackle Matt Kalil as St. Louis Rams defensive end Robert Quinn, left, gives chase during the third quarter an NFL football game Sunday, Sept. 7, 2014, in St. Louis. (AP Photo/L.G. Patterson)
Carolina Panthers cornerback Captain Munnerlyn, left, chases down Minnesota Vikings running back Adrian Peterson during the first half of an NFL football game in Minneapolis, Sunday, Oct. 13, 2013. (AP Photo/Ann Heisenfelt)
Minnesota Vikings running back Adrian Peterson (28) talks with reporters at the end of an NFL organized team activity at the Vikings football practice facility in Eden Prairie, Minn., Thursday, May 29, 2014.(AP Photo/Andy Clayton-King)
Minnesota Vikings quarterback Matt Cassel, right, fakes a handoff to running back Adrian Peterson during NFL football training camp, Sunday, July 27, 2014, in Mankato, Minn. (AP Photo/Charlie Neibergall)
In this Sunday, Dec. 15, 2013, photo, Injured Minnesota Vikings running back Adrian Peterson stands on the sidelines during the first half of the Vikings' NFL football game against the Philadelphia Eagles in Minneapolis. Peterson returned to practice for Minnesota on Friday, Dec. 20, and is expected to play in Sunday's game at Cincinnati as long as he doesn't have any setbacks with his sprained right foot. The league's second-leading rusher, Peterson is listed as questionable for the Vikings (AP Photo/Ann Heisenfelt)
Minnesota Vikings owner Zygi Wilf, right, applauds running back Adrian Peterson as he is introduced prior to groundbreaking ceremonies for the new Vikings NFL football stadium, Tuesday Dec. 3, 2013, in Minneapolis. AP Photo/Jim Mone)
Minnesota Vikings' running back Adrian Peterson smiles, during a press conference at the Grove Hotel in Watford, north London, Wednesday, Sept. 25, 2013. The Vikings play Pittsburgh Steelers on Sunday in a NFL regular season football game at Wembley Stadium in London. (AP Photo/Sang Tan)
Vikings runningback Adrian Peterson catches a ball during their football practice at the Grove Hotel in Watford, England, Thursday Sept. 26, 2013. The Pittsburgh Steelers are to play the Minnesota Vikings in the NFL International Series at Wembley Stadium in London on Sunday, Sept 29. (AP Photo/Sean Ryan, NFL)
Adrian Peterson of the Minnesota Vikings arrives at the 2nd Annual NFL Honoros, on Saturday, Feb. 2. 2013 in New Orleans (Photo by Dario Cantatore/Invision/AP)
Adrian Peterson of the Minnesota Vikings accepts the NFL.com Fantasy Player of the Year award at the 2nd Annual NFL Honors on Saturday, Feb. 2, 2013 in New Orleans. (Photo by AJ Mast/Invision/AP)
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CONROE, Texas (AP) -- Adrian Peterson is hoping to go to trial as soon as possible. Whether the star running back for the Minnesota Vikings returns to the playing field any time soon is another question entirely.

A Texas judge on Wednesday set a tentative Dec. 1 trial date for Peterson to face a felony charge of child abuse after using a wooden switch to discipline his 4-year-old son in suburban Houston earlier this year. Defense attorney Rusty Hardin said after the hearing that Peterson is "chomping at the bit" to defend himself publicly.

But the case might not be tried before the end of the year, meaning Peterson - who is on paid leave from the team - may not be back on the field this season. The Vikings' final regular-season game is Dec. 28.

The trial date might change, too: Montgomery County District Attorney Brett Ligon said he intends to file a motion to recuse Judge Kelly Case after the judge called each lead attorney in the case a "media whore." Case apologized, saying the comment was meant as a joke.

A Nov. 4 hearing was scheduled on whether to assign a new judge. Case said the trial would likely begin Dec. 1 if keeps the case.

Peterson faces up to two years in prison and a $10,000 fine if convicted of injury to a child. He has said he never intended to harm his son and was only disciplining him in the same way he had been as a child growing up in East Texas.

Accompanied by his wife and with his mother, Peterson did not speak during his court appearance and did not enter a plea. Hardin has indicated Peterson will plead not guilty and said he wants to try the case as quickly as possible since Peterson can't play while the charge is pending. Hardin had wanted the trial to begin a week before Thanksgiving.

"He just keeps getting hammered without the ability to respond," Hardin told Case. "This is the place to resolve all those allegations."

Peterson arrived in a black Cadillac Escalade and was quickly surrounded by a throng of reporters. Nearby was a person wearing a wildcat costume and holding a sign that said "Free AP" in sparkling letters, prompting a chuckle from Hardin. Several women stood near the courthouse entrance shrieking and talking about how handsome Peterson looked after he entered the building.

After the hearing, Peterson stopped briefly outside to sign a miniature football for a waiting fan and he smiled as the woman thanked him profusely.

"This is a case about parenting decisions and whether something unfortunate happened when a parenting decision was made by a man who believes strongly and loves his children very much," Hardin said after the hearing as Peterson stood behind him and managed a half smile. He will not be in contact with the boy until the case is resolved.

Corporal punishment is legal in every state. The Texas Attorney General's Office notes that belts and brushes "are accepted by many as legitimate disciplinary `tools,'" but "electrical or phone cords, boards, yardsticks, ropes, shoes, and wires are likely to be considered instruments of abuse."

Legal experts say the final determination of what is reasonable discipline will be based on the standards found in the local community - and Texas law offers no definition of what that is. It says the use of non-deadly force against someone younger than 18 is justified if a parent or guardian "reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare."

December Trial Date Set in Peterson Abuse Case

If Peterson's case goes to trial, jurors will be picked from a county that is conservative and has banned corporal punishment in its largest school district. E. Tay Bond, an attorney who has worked in Montgomery County for 16 years, said the potential jury pool in the Peterson case will likely not be economically or racially diverse.

F. Scott McCown, director of the Children's Rights Clinic at the University of Texas School of Law that represents children in abuse and neglect cases, said people can have abstract debates about what is reasonable but they tend to come to a consensus when looking at a specific case.

Some of the factors that tend to be used to decide whether corporal punishment was unreasonable include whether a child needed medical attention and if the disciplining left visible marks and bruises, McCown said. According to court records, Peterson's son suffered cuts, marks and bruising to his thighs, back and on one of his testicles.

Prosecutors like Lucy Wilke, who has worked in Central Texas in Kerr County for 17 1/2 years, say they only try cases where it is clear that corporal punishment has veered into child abuse.

Wilke recalled a case in 2009 in which an 11-year-old boy was hit nearly 20 times with a three-foot piece of looped wire by his father, David Dill, for not taking out the trash.

"This was just excessive. This was abuse and not corporal punishment," said Wilke, who helped convict the Kerrville, Texas, man on a charge of injury to a child.

Dill was sentenced to four years in prison after prosecutors accused him of binding his son's hands, feet and mouth with duct tape and then using the looped wire to hit the boy. Dill denied doing anything wrong and, like Peterson, said he disciplined his son similar to how he had been punished as a child.

"People will still discipline their children ... As long as it's appropriate and not excessive, it's not a crime," Wilke said.

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AP Sports Writer Kristie Rieken contributed to this report.

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