On Thursday, May 1, 2025, the Houston Chronicle reported that Texas Judge Te’iva Bell has been recused from a manslaughter case stemming from the 2023 death of 33-year-old Joseph McMullin. The recusal was granted following concerns that Judge Bell had communicated unfairly with the defense attorney for Kristina Chambers, the accused driver.

Chambers was arrested on an intoxication manslaughter charge after the fatal crash in Montrose, but was later indicted on a manslaughter charge in February. The manslaughter indictment allows prosecutors to present a broader range of evidence beyond just alleged drug or alcohol use to prove their case.

Retired Judge Christi Kennedy made the decision to remove Judge Bell from the case after reviewing court records and arguments presented. The hearing was attended by several friends and family members of Joseph McMullin, who have been present at nearly every court appearance.

The incident occurred in April 2023 when Kristina Chambers, driving a Porsche, struck and killed McMullin while he was walking with a date along Westheimer Road in Montrose. Prosecutors initially alleged that Chambers was intoxicated at the time of the crash.

Lynn McMullin, Joseph McMullin’s mother, has expressed growing frustration over the numerous court appearances and hearings that have not yet led to a trial. Following the judge’s recusal, she expressed hope that the case would finally move forward, stating, “We believe we are closer to seeing justice served.”

The request for recusal came from the prosecution and was based on a November court setting. According to court transcripts, Chambers’ attorney, Mark Thiessen, met with Judge Bell to discuss concerns about the incoming Harris County District Attorney’s Office administration and its potential impact on his legal strategy. The prosecutor was not present during this meeting and voiced opposition to the discussion taking place without him, especially given the timing.

After winning the election, District Attorney Sean Teare hired Don Ergdorf, a DWI expert who had previously been consulted by Thiessen in the case. Thiessen was concerned that Ergdorf, now working for Teare, might inadvertently disclose confidential information about the case.

Thiessen attempted to disqualify Teare’s office from prosecuting his client, despite assurances from state lawyers that Ergdorf was properly screened and would not have access to information or involvement in Chambers’ case. Similar disqualification attempts were made in other cases as Teare took office. Judge Bell denied this request, but Thiessen’s concerns persisted.

On February 13, tensions escalated when prosecutors presented Thiessen with his client’s manslaughter indictment, leading to a heated exchange between both sides. Teare’s general counsel, Joshua Reiss, described the scene as chaotic. Thiessen repeatedly accused prosecutors of cheating, claiming he had warned Judge Bell that such an indictment would occur if Ergdorf discussed the case. Judge Bell admonished both sides, reminding them to maintain order in the court.

Prosecutor Mateo Gonzalez asserted that Ergdorf had no influence on their decision to seek a manslaughter charge, a strategy he had wanted to pursue even under Teare’s predecessor, but which was not pursued until the new leadership took over.

Two weeks later, prosecutors filed a recusal notice, which Judge Bell denied, prompting a referral to the Eleventh Administrative Judicial Region of Texas for a decision.

During the hearing, Assistant District Attorney Michael Hanover testified that Thiessen met with Judge Bell in November after the formal proceedings had concluded and after Hanover had stepped out to speak with the McMullin family. The defense questioned why Hanover did not object more forcefully to the meeting. Reiss countered that Hanover had expressed his reservations about Thiessen’s plan to address the judge privately, which he deemed sufficient.

Hanover appeared relieved after the hearing and was comforted by Gonzalez. Judge Bell was not present at the hearing, although her court coordinator observed some of the proceedings.

Prosecutors had previously sought two recusals against Judge Bell, succeeding in one instance in 2021 and failing in another in 2022 following a mistrial caused by pro-victim remarks made at an event for prospective jurors.

Thomas Hogan, a former Pennsylvania district attorney and current professor at South Texas College of Law, reviewed court filings related to the latest recusal hearing. He suggested that while Judge Bell may not have acted with malicious intent, the prosecutors were likely justified in their concerns. He characterized Thiessen’s communication with the judge as ex parte, violating judicial rules. Hogan found Judge Kennedy’s ruling unsurprising, noting that judges tend to prioritize avoiding appeals. He explained that a conviction could be easily challenged if such conduct occurred. Hogan noted that limited exceptions exist for ex parte communications, such as discussing financial requests for experts or the identity of confidential informants.

 

 

Source: Houston Chronicle