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Lawyers for accused Santa Fe HS shooter motion for judge's recusal citing alleged bias

Lawyers argued that the judge in the case had improper communications with the superintendent of the state hospital at which the accused shooter was committed.

GALVESTON COUNTY, Texas — Lawyers for accused Santa Fe High School shooter Dimitrios Pagourtzis filed a motion Tuesday seeking the recusal of the case's judge.

Editor's note: The above video is from KHOU 11's coverage of a hearing on March 10.

Pagourtzis has been at the North Texas State Hospital (NTSH) since 2019 when he was declared incompetent to stand trial for the shooting. In February, doctors at the hospital requested Pagourtzis be recommitted for another year so they could try to restore him to competency.

The lawyers argued that presiding Judge Jeth Jones showed he was biased in the case when he ordered an independent expert to re-evaluate Pagourtzis' mental status in an unexpected hearing on March 10. Pagourtzis' lawyers said the hearing came together so quickly they didn't have time to arrange their client's appearance by video.

In Tuesday's court filing, the lawyers claim employees of NTSH told them on the first week of March that Jones had contacted the hospital's superintendent to request a full competency evaluation be conducted, despite one having just been done a month prior.

They said this communication with the superintendent was improper and violated the Texas Criminal Code.

The lawyers said that the Texas Criminal Code also requires a party requesting another evaluation before a 90-day period is up to explain why they believe it is required. The defense argued that experts found there was no evidence that Pagourtzis would "be restored to competency during any near-term period."

Pagourtzis' lawyers also argued that the court could not offer any explanation as to why the previous expert appointed by the court was no longer suitable.

If Jones does not recuse himself, the lawyers requested the matter go before a neutral administrative judge.

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