“I WILL…NOT BE VOLUNTARILY RECUSING MYSELF FROM HEARING THIS CASE (BANDIDO JACOB CARRIZAL)
19TH CRIMINAL DISTRICT JUDGE RALPH T. STROTHER
Six Shooter Junction – When Judge Ralph T. Strother announced over the noon hour on Tuesday to the local CBS outlet, KWTX Channel 10, that he will defy a recusal motion by the defense counsel of Bandido Jake Carrizal, he sent lawyers all over the state into a pow wow by fax, phone, and text.
Only one of three attorneys who had previously obtained his recusal in other cases was available for comment.
Former Galveston District Judge Susan Criss, who is defense counsel for Rolando Reyes, was thunderstruck.
“I am shocked,” she said, beside herself….”I don’t understand. Why would he think that this case is any different that the three we presented? The circumstances are the same…He’s still subject to the rule” – [Rule 18(a)(b) Texas Rules of Civil Procedure, which requires a judge must immediately proceed to a hearing on a recusal motion, or turn the entire case including all notes and exhibits, over to the Regional Administrative Judge, in this case District Judge Billy Stubblefield at Georgetown.] – “Judge (James) Morgan signed the orders. We sent him a letter, and he said they are on file in the Clerk’s Office.”
She hurried away from the impromptu interview to read the exclusive KWTX interview.
According to the docket for this coming Friday, September 8, Carrizal’s counsel will be in the 19th District Court and need not bring the defendant for a final pre-trial conference preceding jury selection, which is scheduled to proceed on Tuesday, September 12.
A Court Coordinator’s staff member and the lead Bailiff both said it is an unknown quantity if any case scheduled for trial will go forth as planned.
“There are many moving parts, and many more variables,” explained the uniformed Deputy. “No one knows.”
He did agree to go the the Judge’s chambers to query the Judge if The Legendary will be allowed to listen to the void dire examination of the venire and see how the jury selection process proceeds from the questionnaires to the prosecution and defense counsel’s inquiries of the prospective jurors and their strikes for cause and for peremptory reasons.
Judge Strother has previously denied a motion by Carrizal’s defense counsel Casie Gotro for an emergency stay of further proceedings, and a motion for recusal.
Her motion for recusal brought to a stop the examination of a 600-member venire at a previous hearing as the judge was briefing prospective jurors on their qualifications, what is to be considered evidence, and the scope of their task in returning a verdict.