The Arlene Alvarez murder trial saw a tense moment Thursday when her aunt, April Aguirre, used duct tape to protest a last-minute subpoena which effectively keeps her out of the courtroom. Typically, potential witnesses are expected to wait outside the courtroom in a designated area until they are called to testify.
“That’s like the ultimate sucker punch," said Crime Stoppers Director Andy Kahan.
Aguirre, a vocal advocate for victims’ rights and bail reform in Texas, received the surprise subpoena on Monday, the first day of testimony.
On Tuesday, Kahan was asked to leave the courtroom because of the logo on his shirt, which officials said could influence the jury.
“And we’re grateful that the judge denied the motion and allowed me to sit here because if not, I was going to have to go find another shirt and bring it back in,” Kahan told KPRC 2 News Reporter Joy Addison.
Kahan, who was present to observe the trial, said he believes these moves were a calculated effort by the defense to remove anyone sympathetic to the Alvarez family from the courtroom.
“My best guess is the defense felt that the jury might be sympathetic by seeing her,” Kahan said. “Same thing with what they did with me today. But you know, it’s a public courtroom, and we have the right to be in there.”
Kahan described the events as frustrating and unnecessary.
“Evidently, the defense took umbrage to me sitting there wearing my Crime Stoppers shirt, which I generally wear every day. They approached the judge and asked if I could be removed or would have to change my shirt. I was just sitting there minding my own business, and all of a sudden, I became a focal point. It’s a public courtroom; if you feel threatened by a shirt, then you’ve got bigger issues to worry about.”
He also spoke about Aguirre’s subpoena. “For lack of better words, it ticks me off. This is not the first time a surviving family member has been hit with a subpoena at the last minute. If April Aguirre were really needed to testify, they had weeks, months, even years to do this. Waiting until she walks into the courtroom is below the belt. That’s like the ultimate sucker punch.”
Kahan noted that it’s likely Aguirre will never take the stand.
“From my perspective, their objective was simply to remove her from the courtroom, and they succeeded. She has nothing probative to offer, and if she did, they would have subpoenaed her months ago. This leaves a bad taste, and we’re going to look at whether legislation can prevent this from happening to other victims’ families in the future.”
The courtroom maneuvering comes amid testimony and evidence presented on the second day of the trial, including the playing of 911 calls from the night Arlene was killed. During that night, Tony Earls Jr. allegedly fired shots while pursuing a man he said had robbed him and his wife at gunpoint, striking Arlene, who was in the back seat of her father’s truck.
Kahan said the trial has been emotionally heavy.
“Arlene Alvarez became everybody’s daughter, sister, niece. She galvanized not just Houston, but the entire state. It’s an absolute horrific event. Bullets don’t just go up in the air without consequences, and sometimes people have to be held accountable. We hope the jury sees it the way we see it and delivers justice for Arlene.”
Court is expected to resume on Friday, with additional expert witnesses scheduled, including a digital forensics expert, a firearms expert, and a responding patrol officer.