Arlene Alvarez's family upset after judge recused herself from case

HOUSTON – The judge in the case against Tony Earls, the man accused of killing 9-year-old Arlene Alvarez on Valentine’s Day 2022, has recused herself from the case.

At a hearing on Wednesday, Judge Colleen Gaido of the 337th District Criminal Court announced that she would recusal from the case.

The announcement surprised all parties involved in the proceedings.

“We wanted to present our motions, but before we could proceed, the judge told us she was recused herself. So now we are waiting for a new judge to be assigned,” said Ana Paula Funez-Baker, the lead attorney in Earls' case.

Baker and special prosecutor Warren Diepraam said the judge was very vague about the reasons for her recusal.

“I cannot answer the judge’s reasoning, she did not tell us,” said Diepraam.

By law, a judge is not required to disclose his refusal to hear cases. Regardless of the reasons, Diepraam said they were disappointed by the delay in the case.

“We are disappointed and hope that the case will not be put on hold for an unusually long period of time until we have a new judge. We hope to pick up where we left off and move forward with a trial or resolution of the case as soon as possible,” he said.

Arlene Alvarez's family also expressed their frustration and anger over the judge's move.

“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 my daughter and the way they're handling this case is so absurd,” said Arlene's mother, Wendy Alvarez.

“If there was a problem with this case from the beginning, she should have recused herself sooner because now we have to start over again. It's been two and a half years since Arlene was killed and this is ridiculous. It just shows what victims have to go through here in Harris County with the criminal justice system. It's sloppy, it's messy and it's not fair, it's wrong,” said Arlene's aunt April Aguirre.