HOUSTON – The judge in the case against Tony Earls, the man accused of killing 9-year-old Arlene Alvarez on Valentine’s Day of 2022, has recused herself from the case.
In a hearing Wednesday, Judge Colleen Gaido of the 337th District Criminal Court, announced she would be recusing herself from the case.
Recommended Videos
The announcement surprised all parties involved in the case.
“We were ready to argue our motions and the judge, before we could get any further, she told us she is recusing herself. So now, we wait for a new assignment of a new judge,” said Ana Paula Funez-Baker, the lead attorney in Earls’ case.
Baker and Special Prosecutor Warren Diepraam, said the judge was very vague about why she decided to recuse herself.
“I cannot answer what the judge’s reason was, she didn’t tell us,” Diepraam said.
Legally, a judge is under no obligation to disclose why they recuse themselves from cases. Regardless of the reasons, Diepraam said they are disappointed for the delay in the case.
“We are disappointed, we are hoping that the case will not be reset for any unusual amount of time until we get a new judge, we hope to pick up where we left off and proceed to trial or resolution to the case as soon as possible,” he said.
The family of Arlene Alvarez also expressed frustration and anger over the move by the judge.
“I’m very mad. I’m very mad at how they are taking the case, my daughter’s case. We just want my daughter to receive justice, and the way they are bouncing around this case, it’s so absurd,” said Arlene’s mother, Wendy Alvarez.
“If there was an issue with this case from the get-go, she should have recused herself earlier, because now we have to start over. It has been two and half years since Arlene was killed and this is ridiculous. It just goes to show what victims have to go through with the criminal justice system here in Harris County. It’s sloppy, it’s messy, and it’s not fair, it’s wrong,” said Arlene’s aunt, April Aguirre.