The judge in Adam Reposa’s criminal contempt trial ordered him to be arrested for not showing up to court on Monday.
Judge Paul Davis responded skeptically to Reposa’s excuse that he was battling health issues and denied defense counsel’s motion for a continuance.
“This is very troubling,” Davis ruled.
Reposa’s defense attorney, Steven Brand, produced documentation over lunchtime indicating Reposa had seen a physician earlier in the day for heart issues. But prosecutors argued this was a ploy to prolong the case after Reposa had earlier been denied a continuance.
“He’s submitting excuses that don’t hold water,” Keith Henneke, of the Travis County District Attorney’s office, said.
The judge denied a second motion by the defense asking that Reposa be evaluated for competency.
Earlier: Adam Reposa is missing from his contempt trial because of health issues, he says.
Reposa sent a text message to the American-Statesman Monday morning saying his absence is due to heart problems that require further testing.
It’s unclear if the trial will go on. The court is in recess until 1 p.m., and Judge Paul Davis has requested more information on Reposa’s medical condition.
Earlier: Local criminal defense attorney Adam Reposa faces a criminal contempt trial Monday morning for questioning the integrity of a Travis County judge in a March drunken driving trial.
Reposa, who told County Court-at-Law Judge Nancy Hohengarten she was being prejudicial against his client, faces up to 180 days in jail if found guilty.
Multiple motions in the build up to the trial have gone against Reposa, including his wish for a jury to hear the case. Judge Paul Davis, who in 2008 found Reposa in contempt for making a lewd gesture simulating masturbation, will preside over the trial.
Reposa last week unsuccessfully tried to recuse Davis, arguing through his attorney, Steven Brand, that the judge could be prejudicial against Reposa because he was on the bench for his first contempt trial. Davis gave Reposa 90 days in jail before cutting the sentence to 10 days.
The district attorney’s office asked Davis to sanction Reposa’s attorneys and charge them $450 per the hour they spent preparing for the recusal hearing. Davis has yet to rule.
Reposa recently tried to get Hohengarten recused from every case he represents in her court. That motion was denied.
Reposa also is asking that Hohengarten be held in contempt for recusing herself from his contempt trial but remaining involved by appointing special prosecutors with the district attorney’s office.