Kleberg County District Attorney John Hubert filed Tuesday a motion to recuse himself from the case of Rita Gutierrez, a woman accused of aggravated assault with a deadly weapon, due to serious allegations her defense council made against the District Attorney's Office.
The Kleberg County Sheriff's Office is investigating the allegations that private conversations were being routinely recorded by surveillance cameras at the Kleberg County Courthouse. In light of the allegations, Hubert has motioned to recuse himself and his office from the Gutierrez case.
Hubert's motion to recuse and appoint an Attorney Pro Tem did not come without any push-back, however.
In Hubert's motion to recuse, he states that he has contacted Adrianne McFarland of the Texas Attorney General's Office and that her office has agreed to accept appointment as Attorney Pro Tem in the case.
Gutierrez' defense council, local Attorney Terry Shamsie and Co-Council Rene Rodriguez, filed Thursday in response to Hubert's motion stating that the appointment of an Attorney Pro Tem is "the sole discretion of the Judge of his Court, the Honorable Jack Pulcher." They further state their objection to Hubert selecting McFarland, saying Hubert is trying to have Pulcher appoint "a friend and colleague of John T. Hubert - who, in all probability, has already contacted and spoken to Adrienne McFarland about this case."
Defense council also stated that the Texas Attorney General's Office has worked with Hubert on several cases since 2011, when Hubert allegedly began recording private conversations at the Courthouse. As such, they are calling for an independent prosecutor to be appointed as Attorney Pro Tem.
Presiding Judge Jack Pulcher has yet to approve Hubert's request. 3News will keep you updated.
