A hearing on allegations of prosecutorial misconduct in the El Paso Walmart mass shooting case can go forward Thursday, though with some limitations, an appeals court ruled Wednesday.
The ruling from the three-judge Eighth Court of Appeals in El Paso said the hearing could not explore any issues related to three orders issued by 409th District Judge Sam Medrano in 2021 and 2023 that are being challenged by the District Attorney’s Office.
Prosecutors had asked the appeals court on Tuesday to delay the hearing until after the court decided on the District Attorney’s Office’s request for a writ of mandamus to compel Medrano to make public those three orders, which were proposed by defense lawyers and issued by him without informing the prosecution. The DA also said other so-called ex parte orders should be reviewed and possibly made public.
In their ruling Wednesday, the three judges of the appeals court essentially sided with a proposal from defense lawyers for accused gunman Patrick Crusius that the hearing scheduled for Thursday and Friday proceed to address issues not connected to the three orders.
In a court filing Wednesday, the defense lawyers said “the vast majority of the topics to be addressed at the October 31 hearing have nothing to do with the ex parte motions and orders about which the state is concerned.”
Defense attorney Joe Spencer declined comment on Wednesday’s ruling.
District Attorney Bill Hicks told El Paso Matters that his office was “gratified that the Court of Appeals will be addressing our concerns over the ex parte orders between the defense attorneys and the judge. In the meantime, we are preparing for the remaining issues to be addressed on Thursday.”
Prosecutors have the right to appeal Wednesday’s ruling to the Texas Court of Criminal Appeals in Austin. Hicks didn’t respond to a question on whether he was considering such a move.
Judge Sam Medrano of the 409th District Court is presiding over the state trial in the 2019 Walmart mass shooing. (Ruben R. Ramirez/El Paso Inc)
The Eighth Court of Appeals has not yet ruled on the DA’s request for a mandamus, which is a court order compelling a public official to perform an act required by law.
The three ex parte orders in dispute involve two directives that the jail preserve surveillance video of Crusius in detention, and another order prohibiting the jail from providing unspecified medical treatment to the defendant.
In a series of motions that began on Sept. 9, Crusius’ defense lawyers have accused prosecutors and law enforcement officials of a series of violations of his constitutional right to a fair trial. The allegations include improperly obtaining recordings of conversations between Crusius and his attorneys; obtaining jail visitation logs of visits between the defendant and his lawyers and mental health professionals, in violation of court directives; witness intimidation; and not turning over evidence to the defense as required by law.
Hicks has denied the allegations.
Prosecutors have said Medrano should consider dismissing the charges against Crusius, or removing the death penalty as a potential punishment, if they prove the defendant’s fair trial rights were violated by state agents.
The hearing also could have political implications because it begins days before the Nov. 5 election, where Hicks, a Republican, is being challenged by Democrat James Montoya.
Crusius, 26, is accused of 23 counts of capital murder and 22 counts of aggravated assault with a deadly weapon in the Aug. 3, 2019, mass shooting at the Cielo Vista Walmart.
He pleaded guilty to federal hate crimes and weapons charges stemming from the shooting last year, after federal prosecutors decided not to seek the death penalty. He was sentenced to 90 consecutive life terms in prison, with no possibility of parole.
The post Hearing in Walmart mass shooting case can proceed, El Paso appeals court rules appeared first on El Paso Matters.
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