FORT WORTH, Texas (CBSDFW.COM) – The judge who was set to preside over the trial of former Fort Worth police officer Aaron Dean has been removed from the case.
A former state appellate court justice granted the defense’s motion for recusal Tuesday after attorneys successfully argued Judge David Hagerman showed bias against them during a recent hearing about the trial date he set.
Judge Hagerman had presided over more than two years worth of court proceedings related to Dean’s indictment.
Dean is facing a murder charge for the shooting death of Atatiana Jefferson in October 2019.
At a hearing earlier this month, Judge Hagerman went back and forth with the defense about scheduling issues.
The judge had already delayed the trial multiple times at the defense’s request and wanted to stick with a June 23rd start date. The lead defense attorney said it conflicted with a vacation request he had previously filed.
After that hearing, the defense filed a motion to recuse Judge Hagerman, accusing him of treating their team with anger and hostility.
Legal experts say recusing a judge is pretty rare, but it’s not too surprising given the high-profile nature of this case.
“If there is that assertion, and there’s evidence and support behind it, that the real possibility would exist that you err on the side of caution, ensure that due process is afforded the defendant, and recuse the judge in this in this type of case,” said Eric Cedillo, attorney and SMU Clinical Professor of Law.
It’s not clear how quickly a new judge will be assigned to the case.
“So it’s one in which this could be a little process in terms of what happens next, and of course, the actual trial itself is going to be put off for some time because of it,” Cedillo said.
This latest delay is frustrating for Jefferson’s siblings.
“It has been really heartbreaking for the family,” said Lee Merritt, the attorney representing them in a civil suit related to her death.
Merritt hopes the new judge moves forward with a sense of urgency.
“That confidence that this would eventually result in some modicum of justice is beginning to dissipate,” he said. “We know that justice delayed is justice denied.”
It’s been two years and eight months since Jefferson was shot and killed while inside her own home. The then Officer Dean responded to her home after a concerned neighbor called police about her front door being ajar.
Police parked around the corner from her home and went into the backyard.
According to court documents, Jefferson was babysitting her nephew at the time and heard noises in the back. The 28-year-old then got her gun out of her purse for protection.
Body camera footage shows within seconds of seeing Jefferson through a window, Dean shot her.
He was arrested two days after the shooting and resigned from the police department on the same day.