Oh, this case is going to be something else.
Judge KP George
A Fort Bend County judge has denied County Judge KP George’s attempt to remove District Attorney Brian Middleton and his office from prosecuting George’s criminal case, rejecting the defense’s claim that Middleton is under investigation and legally barred from handling the case.
The motion, if granted, would have required Middleton to step aside and for an outside special prosecutor to be appointed in the felony case that alleges that George underreported tens of thousands of dollars in campaign funds, transferred the money into personal accounts and used it to pay property taxes and help purchase a home in 2019. George’s filings also asked the judge to dismiss the case entirely.
In an order signed Wednesday, 458th District Court Judge Maggie Jaramillo ruled that George’s attorneys failed to provide sufficient evidence to justify disqualification.
The motion was part of a series of pretrial challenges from George’s defense team, which has repeatedly argued the prosecution is politically motivated.
[…]
George’s motion against Middleton stemmed from earlier allegations that prosecutors used encrypted messaging apps and failed to preserve key evidence tied to former aide Taral Patel. Patel’s communications and cooperation agreement remain central to the criminal cases.
Prosecutors say all required evidence has been turned over and deny any wrongdoing.
George’s attorneys argued Middleton should be removed under a Texas law that requires prosecutors to step aside if they themselves are under criminal investigation for misconduct connected to their office.
The defense claimed Middleton was being investigated by a law enforcement agency and that his continued involvement created a conflict of interest. Jaramillo ruled the defense did not meet the legal standard.
“This court finds that the information provided is insufficient to show that Brian Middleton is the subject of criminal investigation,” the order states.
The court also found the defense failed to show “credible evidence that Brian Middleton engaged in criminal misconduct that constitutes an offense.”
The ruling marks the first time a judge has formally rejected the defense’s claim that Middleton is under criminal investigation.
See here for some background on the charges, and here for an earlier Chron story about the motions that the judge just ruled on. If you want to take a deeper dive – I myself have just dipped in a toe so far – here’s the full set of actions and filings related to the case from the Fort Bend County District Clerk. Among other things, George and his defense attorneys – have I mentioned that our old buddy Jared Woodfill is his defense lawyer? – also tried to disqualify the judge; I presume that effort was unsuccessful, as she is the same one who ruled here. Harris County has its share of political hijinx, but honestly nothing quite compares to Fort Bend. I will be following this case, wherever it may lead. I expect a wild ride.