Cooke County DA John Warren is seeking to recuse Judge Janelle Haverkamp from about 400 cases, accusing her of a vendetta tied to a decades-old murder case.
COOKE COUNTY, Texas — A legal battle between the Cooke County District Attorney and the county’s only elected District Judge escalated Tuesday as he sought her recusal from about 400 criminal and civil cases.
District Attorney John Warren has accused District Judge Janelle Haverkamp of harboring a vendetta and says she cannot be fair to his office.
Haverkamp has already recused herself from about 120 cases after requesting the Texas Rangers investigate Warren for alleged criminal misconduct. Administrative Judge David Evans presided over Tuesday’s hearing and will determine whether she should be removed from the remaining 231 criminal cases and 166 civil cases.
A decision is expected in about 10 days.
The dispute between Warren and Haverkamp stems from a 1997 murder case in which Warren agreed that Haverkamp , during her tenure as district attorney, withheld evidence that could have helped Michael Newberry’s defense. Attorneys representing Newberry, who was convicted of capital murder and is serving a life sentence, are seeking to have his conviction overturned based on the alleged misconduct.
Warren has said if Newberry’s conviction is vacated, he will drop all charges against him. Haverkamp and her attorneys have denied any wrongdoing.
During Tuesday’s hourlong hearing, Haverkamp was not present as required by the rules of recusal hearings.
Warren’s first assistant, Eric Erlandson, testified about an encounter he had with Haverkamp late last year after she found out the District Attorney’s Office had sided with Newberry’s attorneys.
“I could tell she was angry,” he said. “She began yelling at me…. She did say she was not going down without a fight.”
He also said she accused him of wanting to replace her as the county’s district judge.
Warren also entered into evidence Haverkamp’s Feb. 4 testimony in the Newberry case, where she said Warren had taken Newberry’s side “because of a personal, political vendetta.”
Following Tuesday’s hearing, Warren declined to comment. Haverkamp has previously stated that she is unable to speak publicly on the matter.
Visiting Judge Lee Gabriel is expected to soon issue recommendations on whether Haverkamp improperly withheld evidence in the Newberry case. The final decision will rest with the Texas Court of Criminal Appeals.