Visiting Judge Denies Motion to Recuse Judge Angelica Hernandez

The motion to recuse 105th District Judge Angelica Hernandez from hearing criminal cases in Kleberg and Kenedy counties was denied by a visiting judge on Friday.

The judge ruled that District Attorney John Hubert's motion was too broad because it included a variety of cases, witnesses and instances; but both sides of the case are declaring victory.

"My job is to see that the people of Kleberg County get a fair trial," Hubert said. "This is one way to do it."

Hubert filed a motion alleging that Judge Hernandez has shown a pattern of prejudice, personal animosity and a political agenda against the DA's office, preparing a list of evidence, including an audio recording of the judge making contact with a Kleberg County inmate who was charged with aggravated assault.

In the call to the inmate, the judge said that the DA had no authority to ask for a motion to revoke his bond when a bond violation had not been prepared.

"They indicated to me that there was no police report. There was no documentation. It was just her calling the DA's office and saying he's bothering me, and that's not acceptable to me, so you will be released today," Hernandez allegedly said in the conversation with the inmate.

The inmate was released without notifying the DA's office, and soon after, he committed another aggravated assault against the same victim; but this evidence never saw the light of day at Friday's hearing.

Visiting Judge Dick Alcala ruled against the recusal motion as it was presented. The DA can re-file individual motions on specific cases that he wants Hernandez recused from. That option, the DA said, still gives him the opportunity to get the judge recused one case at a time.

"This is a minor, I don't want to say setback," Hubert said. "It's more of a redirection than it is a setback because there was no ruling on the facts or the evidence."

Two of the attorneys mentioned in the recusal motion declared victory after Friday's ruling.

"The whole purpose of the filings was to try to affect the March election," Defense Attorney Terry Shamsie said. "They're trying to beat the judge because the judge calls them on their cases to make sure they're prepared to make sure they notify everybody, just like in this particular case. They filed motions and never notified the 125 defense lawyers."

When asked his thoughts regarding Hubert's intent to file more motions, Defense Attorney Rene Rodriguez said, "It tells me he's one ignorant son of a ****."

Until the next recusal motion, Judge Hernandez can continue to hear criminal cases in Kleberg County.


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