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Judge Demands Evidence in DA Row
A judge ruled Tuesday that more evidence is needed before deciding to throw out the case to oust Travis County DA José Garza from office.
Published June 11, 2024 at 2:48pm by Ines Chomnalez
Judge: More evidence needed before dismissing case seeking to remove Travis County DA José Garza from office
Comal County state District Judge Dib Waldrip said evidence must be presented before dismissal of the case can be approved.
The judge presiding over the case to remove Travis County DA José Garza from office said Tuesday that the court requires more evidence before signing an order to dismiss.
"The motion to dismiss...was only substantiated by a 'synthesis' of the evidence."
- Comal County state District Judge Dib Waldrip
After prosecuting attorney Jim Nichols filed a motion to dismiss Friday, a notice filed Tuesday by Comal County state District Judge Dib Waldrip clarifies that evidence, via sworn testimony/admissible proof, is needed.
The lawsuit alleges that Garza presented every use-of-force police case to a grand jury and instructed his office not to prosecute drug possession and abortion cases. It claims that Garza's actions amount to "official misconduct" under Texas House Bill 17, which allows for DA removal.
"I have found the Travis County district attorney's office had no policies of not prosecuting certain crimes."
- Jim Nichols, Bell County Attorney
Per Waldrip, the case could be dismissed if plaintiff Mary Dupuis files a notice of non-suit, or if sworn evidence is presented within 30 days.
URLs:
https://capitol.texas.gov/tlodocs/87R/billtext/html/HB00017F.htm
Read more: Judge asks for more evidence to support dismissal of Travis County DA removal suit