Judge recusal denied in Austin murder case
AUSTIN (KXAN) — A recusal hearing took place Monday to bring a new judge in on the murder case involving Stephon Morson, who is accused of killing young father Keshawn Cage in October 2024.
After hearing from both the State and Defense, the visiting judge presiding over the hearing denied the Defense’s motion asking for Judge Chantal Eldridge to be removed from the case. She will continue to preside.
No cameras were allowed in the courtroom, but reporters were allowed to be present and take notes.
Why the Defense asked the judge to be recused
In May, Morson’s attorneys Brian Erskine and Steven Brand filed a motion to recuse Eldridge.
Part of their argument is rooted in comments Eldridge made in open court about the case, like “Mr. Morson, unfortunately I am placed in a terrible position where I am forced to reduce your bond and allow you out on bond. If I had my choice, I would not.”
Another argument from the Defense has to do with evidence claiming Morson caused a disturbance at a memorial event for victim Keshawn Cage.
According to court records, it was determined there wasn’t enough proof about these allegations at the time to use as a basis of increasing Morson’s bond. Following this determination, records say Judge Eldridge told the State “if you have an eyewitness that’s going to take the stand and swear under penalty of perjury that she saw the defendant fire a weapon during the memorial service for the decedent, that’s going to be sufficient for me.”
The Defense claims such an action brings Eldridge’s impartiality into question. The State filed a responding motion for the Defense’s motion to be denied.
Prosecutors said the Defense’s argument of bias “is completely lacking in this case,” and said it doesn’t meet the criteria needed to recuse a judge. The State emphasized a judge’s comment would have to impact court proceedings.
Prosecutors also said evidence indicates Morson is a threat to public safety, and stated Judge Eldridge’s statements about not wanting to release Morson didn’t come from bias, but rather her attempts to balance due process laws with public safety.
Monday, the visiting judge said he did not believe the Defense’s motion was filed “frivolously,” but ultimately allowed Judge Eldridge to stay on the case, siding with the State.
Morson’s bond has fluctuated between $100 and $800,000
Morson’s bond has frequently fluctuated since his arrest. It was originally set at $800,000 when he was charged with murder. It was lowered to $100 because the state did not secure an indictment for him within 90 days.
During a hearing in February, Travis County District Court Judge Chantal Eldridge increased Morson’s bond to $100,000 after hearing arguments from the State. She addressed the previous $100 bond, saying while she “did not want to release this defendant on bond,” the law required her to, due to the missed indictment deadline from the State.
Morson was taken back into custody following that hearing.
Morson bonded out on the $100,000 bond in March, then was taken into custody a day later on another charge related to the same October 2024 incident. Brian Erskine, Morson’s attorney, argued that malicious prosecution led to this arrest. While Eldridge did not agree, she still reduced Morson’s bond to $30,000 because it met the same missed-indictment-deadline criteria responsible for the original bond reduction.
Another hearing took place on April 21 to address the indictment-deadline component more specifically, and Morson’s bond was dropped to $100, according to court records. Morson is currently not in custody.
