TARRANT COUNTY, Texas — A Tarrant County district judge ruled the murder trial against Aaron Dean, the former Fort Worth police officer charged in the shooting death of Atatiana Jefferson, will go on as scheduled later this month.
Dean’s attorneys Robert K. Gill and D. Miles Brissette filed a motion two weeks ago, asking for another delay in the trial. They cited several scheduling conflicts, including a bench trial set to begin on the same day the Dean trial is currently set – June 23.
During the hearing Friday, June 3, the judge and attorneys walked through the cases that potentially conflicted with Dean's trial. One involved a child abuse case.
“First of all, you have alleged potential conflict,” District Judge David Hagerman told the attorneys. “You have not alleged an actual conflict.”
Prosecutors also opposed an effort to delay the trial.
“What defense counsel has produced to the court were followed to a T then this defendant would never face trial, because there would always be an older case, or someone else in custody or someone else that’s been on bond longer and the family and the community on this case deserve to hear this case, to see that this case is brought to trial," said prosecutor Dale Smith.
The judge said he plans to sequester the jury begins deliberations. He also said that the case will continue over the weekend.
WFAA's Tanya Eiserer was in the courtroom as the judge shortly made his decision that jury selection will begin on June 21 in the case against Dean, with testimony to begin June 23.
Last month, Hagerman granted a trial delay because Dean’s lead attorney Jim Lane been hospitalized.
Gill told the judge that Lane remains in the hospital and that while he is improving, it is unlikely he will be available for a June trial date.
“As I’ve stated if he’s not available on June 21, you’re going to trial without him,” said Hagerman.
Hagerman was testy throughout the hearing with Dean’s defense attorneys Gill and Brissette.
At one point, Gill brought up that some of their expert witnesses already had commitments in other counties and would not be available.
He pointedly asked, “I grant you a continuance and now you’re complaining about me granting your motion for continuance?”
The judge said he did not have to consider that issue.
“There’s nothing in this motion that requires me to take it up now,” said Hagerman.
Jury questionnaires are due June 10. He has allotted two days for jury selection.
The judge said he will rule on the change of venue motion once the jury selection is complete.
Another hearing in the case has been scheduled for June 13.
Defense attorneys indicated during the hearing that they intend to file a formal motion seeking a delay in the trial.
When Gill brought up that he had put in a vacation letter request months ago for June 29, the judge said he would not consider the issue at that point.
“You’re not going to dictate the schedule to this court, Mr. Gill,” said the judge.
When Gill and Brissette brought up vacation notices that both of them had filed, the judge pointedly declined to consider those issues and the judge and the prosecutors said they had cancelled their own vacations for the Dean case.
At the end of the hearing, Dean’s defense attorneys asked that civil rights attorney Lee Merritt be held in contempt of court for having given several media interviews while under a gag order. They contended that his having given interviews imperiled Dean’s ability to get a fair trial.
The judge has issued a gag order in the case, which includes the defense attorneys.
“We asked that he be taken into custody,” said Brissette.
Hagerman reminded Merritt that he is under the gag order and indicated that he would take up the issue during the next hearing.
Dean is accused of fatally shooting Jefferson while responding to a welfare check at her home in October 2019, according to police.
Jefferson was playing video games with her then 8-year-old nephew when Dean walked into her backyard. She grabbed her gun and had gotten up to look out of the window when she was shot, police records say. Jefferson died at the scene.
An arrest warrant stated three times that Dean did not announce he was a police officer when he walked around the house into Jefferson’s backyard.
Dean resigned before he could be fired from Fort Worth Police Department, officials have said.
The trial against Dean was delayed when the coronavirus pandemic started and a number of times since.
Dean has been out on bond while he awaits a trial.