Dallas District Attorney John Creuzot has asked that Judge Tammy Kemp be recused from a contempt of court order hearing set for next week. He and his office claim her "visual reaction" after learning of his alleged gag order violation questions her impartiality.
Creuzot's office filed a motion Monday requesting her to be exempt, claiming Kemp "had a visual reaction" after Dallas County Assistant District Attorney Jason Hermus made the court aware of the alleged gag order violation. The gag order was set in January, banning attorneys and parties involved from speaking with the media or making public comments regarding the murder trial of Amber Guyger.
During the trial, Hermus presented a online article and local TV interview with Creuzot that aired the day before the trial began, which led to a motion for a mistrial.
In the motion filed Monday, Hermus alleged that Kemp seemed angry after he presented the interview and he says he couldn't determine if the anger was directed toward his trial team or at the situation in general.
Kemp ordered a recess of court and spoke with the prosecution and defense teams. Hermus says he apologized and told Kemp he thought if there was a violation of the gag order was inadvertent. Judge allegedly told Hermus to "stop defending his boss" and that Creuzot didn’t think he had to follow the law, court documents show.
Later, Kemp asked the jurors if they had seen the interview and none of them had so the motion for a mistrial was dismissed.
The contempt hearing is still set for next week.