FORT WORTH, Texas (CBSDFW.COM) – The week a former police officer was expected to go to trial, accused of murdering a woman in her home in Fort Worth, prosecutors are instead trying to keep the judge on the case to avoid further delays.
Aaron Dean’s defense attorney asked this month for Judge David Hagerman to be recused from the murder trial, after he remained committed to squeezing it in between other trials and scheduled vacations.
In a response filed late last week, prosecutors pushed for Hagerman to remain on the case, writing “actions taken to control a judges docket or courtroom ordinarily will not be a valid basis…for bias.”
They also don’t agree Hagerman’s demeanor in the courtroom is evidence of bias against the defense, writing “mere hostility and rudeness is not sufficient to warrant recusal.”
A hearing is scheduled Thursday with an appellate court judge to determine if Hagerman should stay on the case. That’s the same day that opening statements were scheduled for the murder trial, which has been delayed several times due to conflicts with expert witness schedules and an illness by lead attorney Jim Lane.
Dean is accused of shooting Atatiana Jefferson in her home in Fort Worth in October of 2019, after a neighbor called police to check on an open door at the house.