Judge decides to recuse herself from Arlene Alvarez case

HOUSTON – There was a surprising development in the Arlene Alvarez murder case on Wednesday.

We expected Tony Earl's defense attorneys to hear a motion to dismiss the special prosecutor assigned to the case, but instead the judge announced she would voluntarily recuse herself. Both prosecutors and the defense told KHOU they were surprised by the judge's decision.

Judge Colleen Gaido did not explain the move, but said she did not make the decision lightly. The Alvarez family is once again incredibly frustrated.

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“I'm very angry. I'm very angry about the way they're handling the case, my daughter's case. We just want justice for her. The way they're moving this case back and forth is so absurd,” said Wendy Alvarez, Arlene's mother. “It's not fair. My daughter doesn't deserve this… no little girl deserves to be treated like this.”

Defense attorneys for Tony Earls, the man charged with murder in connection with Alvarez's shooting death on Valentine's Day 2022, had filed a motion to dismiss Special Prosecutor Warren Diepraam.

Before it was discussed, Gaido voluntarily withdrew.

The judge simply said that the decision saddened her and previously emphasized that she had no personal bias against the defense or the state.

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“I cannot say what the judge's reasons were. She did not tell us, but the law provides for indiscriminate action and lists several factors under which a judge in the case should or must recuse herself,” said Special Prosecutor Warren Diepraam.

Defense attorney Anthony Osso said they are currently discussing what to do with the special prosecutor's motion to dismiss now that the case has not been assigned.

“We have no doubt that she could be fair and impartial to both sides, but she certainly has concerns under Section 18b of the Civil Code, but this caught us off guard,” Osso said.

It is unclear when a new judge might be appointed, but the special prosecutor said he will continue to fight for justice for Arlene and her family.