GEORGETOWN, Texas (KXAN) — While Williamson County District Attorney Jana Duty is being held in contempt of court, the defense attorneys for Crispin Harmel filed a second motion for her removal from the murder case on Tuesday.
Harmel is awaiting a second trial for the death of Jessika Kalaher in 2009.
Harmel’s attorneys filed the motion to recuse Duty from the case because they believe she is violating state rules of professional conduct, including her appearance in a video posted on a public video hosting site. Harmel’s attorneys claim the video depicts Duty showing animosity towards Harmel and his lead defense attorney, Ryan Deck. The video was publicly displayed on the hosting site when KXAN watched it late last week. The hosting website showed the video had been on the site for nine months. But it was removed from the site last week. KXAN received a copy of the video by mail from an unknown sender.
Deck and his defense team also allege in the motion Duty violated state rules by mocking three Williamson County District Judges and a former District Attorney’s Office investigator in the video.
**Editor’s Note: Video has been edited to remove profanity**
They also claim Duty made extrajudicial statements by violating a gag order in the case and unlawfully obstructing another party’s access to evidence.
Defense attorneys would like a special prosecutor assigned to the case.
Duty filed a response to the motion stating her husband, Dan Hunsicker worked with a friend, Rod Henegar to produce the video as a surprise for her and it was not intended for public viewing. All claim in court documents Duty was not involved in the production of the video and it was obtained illegally. Duty did not respond to the other claims made in the defense’s motion to recuse her from the case.
Earlier this month, Judge Rick Kennon filed a motion to hold Duty in contempt of court after possibly violating a gag order in the case.
The next hearing in the Crispin Harmel case is set for Friday, May 29.