For the first time since 2019, Patrick Crusius, the El Paso Walmart shooter, appeared in state court.

Crusius’ last time in state court was in 2019 for his arraignment hearing.

A district judge had waived his in-person court appearances.

During the hearing, the defense team made several allegations against the prosecutors that date back to District Attorney Jaime Esparza, followed by District Attorney Yvonne Rosales, and now to the current district attorney, Bill Hicks.

Crusius’ lawyers filed a motion asking the court to dismiss the capital murder charge and assault charges and also to eliminate the death penalty, claiming there had been misconduct on the part of the prosecution, such as improper witness contact, ongoing violations of the court gag order, suppression of evidence, and deceptive evidence-sharing practices.

Crusius’ lawyers claim that the district attorney’s office has recorded phone calls and other records that they do not want to hand over to the defense team.

“Why are we going through all of this effort when this has been such a colossal disaster, where every administration has tried to use the victims as political pawns for political advantage? The only reason they keep getting up and saying, ‘We need the death penalty,’ is because they think it’s politically advantageous. We believe that is wrong,” said defense attorney Joe Spencer.

Crusius sat stone-faced in the courtroom, while the emotion came from his defense attorney.

Among other things, Spencer said the district attorney’s office has intentionally withheld evidence that could help his client. Spencer said the district attorney’s office has 15 jailhouse recordings of phone calls between Crusius and his attorneys.

“That’s a violation of attorney-client privilege,” Spencer said. “They have to stop doing that. They cannot do that.”

Spencer acknowledged that much of the alleged misconduct happened under the previous district attorney Yvonne Rosales, who resigned in 2022 amid allegations of incompetence and mismanagement. But Spencer argues that the fallout continues.

“It’s the same office that Mr. Hicks holds. You can’t just say this happened under the Esparza administration. This happened under the Rosales administration. I get a mulligan. You don’t get a mulligan. They’re responsible for the actions of what the district attorney’s office did,” Spencer said.

After the hearing was adjourned, Hicks dismissed the allegations and said the case was on solid footing. Hicks said he was only aware of four jailhouse recordings and says they have all been destroyed.

Spencer says the case against Crusius is so flawed that the state has no choice but to take the death penalty off the table.

Judge Sam Medrano ordered another hearing on Oct. 31 to hear from prosecutors on the allegations made by the defense team.

Crusius is facing the death penalty if he is convicted of the state charges.

Crusius was convicted last year on federal charges for the death of 23 people from the Aug. 3, 2019, shooting at Walmart in Cielo Vista. He was sentenced to 90 life terms in 2023 in his federal trial after pleading guilty.

Crusius did appear in public for his federal sentencing, but cameras were not allowed in federal court.