D.A. Alleges Judge Made Improper Contact with Defendant - KiiiTV.com South Texas, Corpus Christi, Coastal Bend

D.A. Alleges Judge Made Improper Contact with Defendant

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KINGSVILLE (Kiii News) -

According to a motion filed by Kleberg-Kenedy County District Attorney John Hubert, in March of 2012, 105th District Judge Angelica Hernandez made ex parte contact with an inmate who was to go before her court.

Ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties, and is usually done under emergency or extenuating circumstances. In this case, Hubert's motion alleges that the judge's contact with the defendant was improper.

Now, the Fifth Judicial Region is conducting an investigation into Hubert's motion to prevent Judge Hernandez from hearing virtually any case that the DA's office handles.

The motion filed by the District Attorney's Office lists a slew of complaints against Judge Hernandez, specifying what the DA says is misconduct that indicates she is incapable of conducting a fair trial.

Hubert's motion states that on March 2, 2012, Hernandez "initiated" contact with and made ex parte comments to a defendant at the Kleberg County Jail who was charged with aggravated assault. That defendant, Jimmy Alarcon, later plead guilty.

According to the motion, Hernandez told the defendant that the victim in his case would probably not show up for the hearing. The judge also told him that the district attorney had no authority to ask for a motion to revoke his bond when an offense report had not been prepared yet for the bond violation.

The motion states that the conversation was recorded by the Kleberg County Jail.

The presiding judge based out of Brownsville, Rolando Olvera, is set to appoint a judge to preside over a hearing and make a ruling on the district attorney's motion to remove Judge Hernandez from hearing criminal cases in Kleberg and Kenedy counties.

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