SAN ANTONIO – It was an uncommon start to a trial on Monday as the defense called for the judge to recuse herself.
On Monday, before testimony continued in the Jimmy Tran capital murder trial, 186th District Court Judge Kristina Escalona told the attorneys that on Friday a witness told her they might have recognized one of the jurors while on the stand.
Because the judge didn’t have that conversation with a lawyer present, the defense felt a recusal was necessary.
“I’m going to insist at this point that you recuse yourself and call the chief administrative judge,” defense attorney Joseph Hoelscher said.
After making a call to Administrative Judge Sid Harle, Escalona returned to the courtroom and told the defense they could file a motion to recuse, but until it is filed and ruled on, the trial would resume.
As the trial proceeded, the defense cross examined lead SAPD detective Mark Duke.
Last week, the defense implied in testimony that SAPD did not investigate thoroughly and questioned whether Duke made a mistake when he failed to have the vehicle involved in the crime processed by the evidence unit. Duke responded that in this case he didn’t think a mistake was made.
On Monday, the defense continued to grill Duke on other aspects of his investigation and whether he spoke to all potential suspects in the case.
“I just followed the evidence where it took me,” Duke said.
Tran is accused of the 2019 robbery and murder of 22-year-old Andres Salinas.
Salinas was selling drugs to Tran and codefendant Sebastian Espinar when the two decided to rob and fatally shoot him, according to prosecutors.
Testimony will continue on Tuesday.
If found guilty Tran would automatically be sentenced to life in prison without the possibility of parole.