EL PASO, Texas -- A recusal hearing for the judge overseeing the Walmart shooting is set to take place Tuesday morning.
District Attorney Yvonne Rosales office claims 409th District Court Judge Sam Medrano has a bias against her, claiming a status hearing in the Walmart case on July 1st was to embarrass her in front of media.
The hearing was originally set to take place September 19, but a visiting judge, Judge Sid Harle, granted the assistant district attorney more time to prepare and call witnesses.
In a comment to the defense's response to the original motion obtained by ABC-7, DA's office argues Medrano should be taken off the case to "preserve the integrity" of the Patrick Crusius capital murder case.
The 11-page document goes on to state Medrano is "conducting his own investigation in the Cruisus capital-murder case."
Last week, Crusius' attorneys argued that there was no evidence to prove that Medrano is biased against the DA and claimed the DA was trying to stop a status hearing that was supposed to happen September 13.
ABC-7 spoke with Luis Aguilar, a retired district judge. He says the visiting judge's job is subjective adding that if believes there won't be a fair trail, then Judge medrano should be removed.
"Even more important is what does the public think," Aguilar said. "Does the public think that this party is going to get a fair trial? Yes or no? Because even if the current judge has done absolutely nothing wrong, but leaves the appearance to the public, that he's not fair, that he's prejudicial to one side or the other, then he needs to grant the motion.”
The hearing is scheduled for 8 a.m.