AUSTIN, Texas — The KVUE Defenders have confirmed that a judge overseeing four use-of-force cases involving Austin Police Department officers and related to the May 2020 protests has recused herself from all four cases.
The Defenders confirmed Judge Julie Kocurek filed motions of voluntary recusal in the cases for APD officers Justin Berry, Joseph Cast, Joshua Jackson and Stanley Vick.
In February, 19 APD officers were indicted on use-of-force charges related to the May 2020 protests that were held in Downtown Austin in the wake of George Floyd's murder in Minneapolis. Kocurek’s court empaneled the special grand jury that returned those indictments.
KVUE obtained an ex parte communication notice filed by the Travis County District Attorney's Office in Vick's case. The notice explains that on or about Feb. 17, Dexter Gilford, an assistant district attorney with the DA's Office Civil Rights Division, received a text message and phone call from Kocurek regarding the cases.
Gilford said that upon learning of the indictments against 19 police officers, he had emailed Kocurek so that she could prepare her court and staff for the "substantial amount of work" that would follow.
Gilford said that on Feb. 17, Kocurek texted him, asking him to call her. He immediately returned Korucek's call with another colleague in the room.
The notice then details the substance of the call as described by Gilford. According to the notice, once Kocurek answered the phone, she said she “felt betrayed” because “there were so many indictments against police officers.”
Kocurek reportedly told Gilford that she "enjoyed a good relationship with law enforcement in Travis County" and that she believed the prosecution of the police officers was the consequence of a "politically motivated campaign" from Travis County DA José Garza.
Gilford stated that he told Kocurek that in his experience, judges did not expect to be briefed on the cases being presented unless something came up before the grand jury that required a judge’s attention. He also stated that he didn't discuss details of the officers' cases nor the evidence presented to the grand jury with Kocurek and that he doesn't believe anyone employed with the DA's office did either, according to the notice.
Gilford reported that Kocurek ended their call by saying she hoped the DA’s office "had evidence to support the offenses charged in the indictments."
Kocurek released the following statement in response:
"I am recusing myself not because I have a bias or prejudice against the State, but rather to ensure public confidence in the integrity and impartiality of the judiciary.
In filing these motions, I think it is important to put my conversation with Mr. Gilford into context. My perception of our discussion somewhat differs from Mr. Gilford’s.
As the judge who impaneled the special grand jury, it was my responsibility to set bail in these cases. The purpose of my call was to discuss the bail to be set in these cases. I had just received a call from the clerk and/or jail indicating that there were 20 uniformed police officers waiting to be booked into jail and they were waiting on me to set bail in each of their cases. Moments later, I received a call from one of the attorneys of the police officers indicating that the District Attorney’s Office had agreed to setting a $1 bail on each of these first-degree felony offenses. This was highly unusual. These types of communications happen frequently in setting bail. I was calling to confirm this information with Mr. Gilford.
Due to the recent filing by the State, I believe my impartiality will be in question by some in the community. The perception of others is important, especially in cases like these."
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