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Judge won't let AG dismiss charges for want of evidence

"What happens when the Texas Attorney General?s Office tries to drop the charges against a defendant for want of evidence and the presiding judge denies the motion?" asks Rev. Alan Bean at the Friends of Justice blog, commenting on a case out of Paris, TX. Writes Bean: The AG?s Office took over the case against Vergil Richardson and several family members when District Attorney Val Varley was recused from the case. Varley showed up at the scene of the drug bust (see details in the story below) brandishing a fire arm. This made him a potential fact witness and led to his recusal. One gets the impression that Judge John Miller ... is behaving as if his good friend (and legal tag team partner) Val Varley is still prosecuting the case. But what is the special prosecutor supposed to do now? When you have established that you don?t have enough evidence to go to trial and the judge sets a trial date anyway how do you proceed?How, indeed?! See coverage of the case from the Paris News.continue to full post

Full post as published by Grits for Breakfast on May 16, 2010 (boomark / email).