Hotze again asks for pause in his civil trial

“Screw this guy” will always be my response.

Conservative activist Steven Hotze asked the Texas Supreme Court to pause a lawsuit against him until after the criminal trial of his former private eye, who in 2020 allegedly assaulted an air-conditioning repairman he wrongly thought was tampering with the election.

Hotze last week asked the state’s highest civil court to order an indefinite stay in the lawsuit brought by the repairman, David Lopez. The case has been under a temporary stay since January.

Hotze argued that he can’t receive a fair trial if Mark Aguirre, the former Houston Police Department captain charged with assaulting Lopez, can’t testify because of the ongoing criminal case against him.

“The allegations against Aguirre are inextricably intertwined with Dr. Hotze’s defense in this matter,” Hotze’s lawyers wrote. Hotze “cannot adequately defend himself” if Aguirre pleads the Fifth Amendment to avoid incriminating himself in the criminal case.

Lopez’s lawsuit accuses Hotze of assault and kidnapping and seeks more than $1 million in damages.

[…]

Hotze’s lawyers wrote that they want to be able to question Aguirre about his conduct and relationship to the activist. Aguirre could answer questions but could also choose to cite his Fifth Amendment rights against self-incrimination.

Civil juries can view a refusal to testify unfavorably and use it as part of their decision. Hotze said such a circumstance could hurt his defense.

Hotze’s attorneys argue that District Court Judge Donna Roth erred by not pausing the case.

No trial date has been set for Aguirre’s criminal case. A status conference scheduled last week was reset until October.

Lopez is expected to respond to the stay request by the end of September.

See here for the previous update. I don’t know how Lopez’s attorneys responded in January but I daresay they’ll have a similar response now. If this were anyone else I’d have some sympathy for them, but as noted it’s Steven Hotze and screw him. That said, it sure would be nice for the criminal case to move forward.

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