Dallas County prosecutors are attempting to get a judge removed from a murder case that involves the Dallas Police missing files controversy.
In a 28-page motion, the Dallas County District Attorney's office accuses State District Court Judge Amber Givens of a bias against them over the latest missing file snafu at the Dallas Police Department.
The DA's office wants Judge Givens to be recused from an upcoming murder trial. It was during pre-trial motions when it was discovered that a Dallas Police detective didn't properly file reports and body camera video in the arrest of Nina Tamar Marano in the Dallas Police Department's filing system.
Marano is one of three suspects accused of killing 23-year-old Marisela Botello Valadez, who was visiting Dallas from Seattle at the time of her death.
Givens has delayed the trial until next week to give Dallas Police a chance to come up with the missing evidence, otherwise there is a threat she will dismiss the case.
The DA's office says Givens has made it impossible for them to get a fair hearing because they feel the judge in blaming prosecutors for the Police Department's mistake. But defense attorney Heath Harris wants Givens to stay.
"All of the body-cam and all the information that we feel is material to our defense we would have never gotten but for the actions that Judge Givens took" said Harris.
An outside judge will be assigned to hear the DA's motion to have Givens replaced.
Related
LISTEN on the Audacy App
Tell your Smart Speaker to "PLAY 1080 KRLD"
Sign Up to receive our KRLD Insider Newsletter for more news