Judge Migdalia Lopez File Photo
The Cameron County District Attorney’s Office filed a motion to recuse 197th state District Court Judge Migdalia Lopez from a murder trial.
Lopez's court had been holding a murder trial for suspect Jesus Herrera.
Prosecutors with the district attorney's office filed the motion to recuse Lopez on Friday morning after learning she has the same defense attorney as Herrera.
A Willacy County grand jury indicted Lopez on abuse of official capacity and official oppression charges last year.
Prosecutors said both she and Herrera have the same defense attorney, Noe D. Garza.
Chief First Assistant District Attorney Charles E. Mattingly Jr. said that information was never disclosed by the judge when the trail started.
“The nature of the attorney client relationship between the trial judge and defense attorney gives an appearance of impropriety and impartiality on the part of the judge and makes it impossible for the State to receive a fair trial," Mattingly said in a prepared statement on Friday.
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