EL PASO, Texas (KFOX14/CBS4) — The El Paso County Courthouse continued with the dismissal of criminal cases on Monday morning.
The cases dismissed were a total of 75 out of the 616 motions to dismiss that was filed by Chief Public Defender Kelli Childress last Wednesday.
Childress added there are another 1,100 criminal cases that could also be eligible for dismissal due to them surpassing the 180 days to be indicted.
As KFOX14 reported the motions to dismiss cases were filed due to the District Attorney not indicting them in the first 180 days of a person's arrest.
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In response to this, Childress said she’s not seen a similar backlog to that of El Paso.
“I’ve visited a number of counties' arrest and pre-indictment processes and I’m not aware of any county that has a situation like this," she said.
Childress added it is difficult to predict if the DA's office will challenge any of the 541 motions to dismiss.
“In order to challenge a motion like this, you would have to show that you have requested an extension of the 180-day term and provide an affidavit showing good cause through the extension. So far, no responses have been filed so I can't tell you if there’s going to be an objection to anything," she said.
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While the cases being heard this week are in addition to the 435 cases initially filed for dismissal, it remained unclear if the DA's office has re-filed any of those cases.
"Just by word of mouth I’ve heard that there have been, what I heard was 7 cases have been filed from the original 430 I think there were," Childress said.
KFOX14 visited DA Rosales' office for a comment on the backlog but were told she was unavailable to see our crew.
A spokesperson with DA Rosales' office said they've started to re-file cases of the original 435 but were unable to provide an exact number.
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