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Dallas County judge declares mistrial in murder case, recuses herself over hot mic moment

Judge Nancy Mulder was caught on a courtroom livestream making disparaging remarks about Jorge Esparza, who was on trial for murder.

A Dallas County judge declared a mistrial in a murder case Wednesday after she was caught on a courtroom livestream making disparaging remarks about the accused man’s guilt, according to footage obtained and reviewed by The Dallas Morning News.

Judge Nancy Mulder told The News on Wednesday she voluntarily recused herself from two pending cases against Jorge Esparza over comments she made Tuesday — the first day of his trial.

Esparza is accused of stalking a woman and shooting 27-year-old Ricardo Medina-Madriz in 2020. The case will go before a new judge and jury, and Esparza faces up to life in prison if convicted.

Judge Nancy Mulder, of Criminal District Court 6
Judge Nancy Mulder, of Criminal District Court 6(Courtesy of Nancy Mulder / Courtesy of Nancy Mulder)

Mulder, who presides over Criminal District Court 6, said in a phone interview she has personally apologized to Esparza’s attorneys, and through them, “all the parties involved.”

“I deeply regret the comments I made during what I believed was a private conversation with court staff in an empty courtroom,” Mulder said. “I should not have said what I did and am truly sorry.

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“I sincerely hope that my comments do not negatively affect the public’s confidence in the integrity and impartiality of our local judiciary.”

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A spokeswoman for the Dallas County district attorney’s office and Esparza’s defense attorney declined to comment.

Mulder often livestreams high-profile trials in her courtroom. Most recently, she broadcasted the weeklong trial of Lisa Dykes, who was convicted of killing 23-year-old Marisela Botello-Valadez, on YouTube. She said she intends to continue livestreaming trials.

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Prosecutors played Esparza’s interview with police during the trial Tuesday afternoon, according to a since-deleted video on Mulder’s YouTube account. Esparza reportedly had a panic attack in the courtroom shortly after testimony began, according to KXAS-TV (NBC5).

Mulder dismissed the jury about 5:10 p.m. for the evening and convened with lawyers outside the courtroom. Just after 5:30 p.m., Mulder returned to the courtroom and sat at the bench.

“I don’t think he can deal with the crime that he committed,” an unidentified man said off camera, adding he thinks Esparza needs to be put on suicide watch.

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“Oh, I don’t know … I think he’s upset he got caught,” Mulder said. “I think he’s crying for himself because he knows he’s going to prison for a long time.”

The man then told Mulder in the deleted video that Esparza killed Medina-Madriz for “no reason,” to which Mulder replied: “He wanted to show her he’s a man.”

According to an arrest-warrant affidavit, investigators discovered Medina-Madriz had been on a date with a woman before the shooting, and the woman told police that Esparza had been stalking her.

An indictment alleges Esparza followed the woman and sent her several alarming text messages. The messages “articulated homicidal ideation” against a man she dated and compared himself to a television character who stalks and kills women.

In the footage, Mulder also criticized the lawyers for not following procedure when admitting evidence.

“I’m really frustrated, unfortunately, with no one following the law,” Mulder said. She lowered her voice before adding: “... We all know he’s going to get convicted and get a bunch of time but that doesn’t mean you can just phone it in. You’ve got to follow the steps.”

The livestream ends abruptly after Mulder said, “Oh shoot, I’m still streaming.”

Mulder, a Democrat, is running for a seat on the Texas Court of Criminal Appeals this November.

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When asked if she thought the recusal would impact her campaign, Mulder told The News she understands every case before the appellate court must be viewed with integrity and impartiality.

“Coming from the trenches of being a criminal trial judge gives me a better understanding of how difficult a job it is, which will translate to a more compassionate view from the appellate bench,” she said.

Staff writer Kelli Smith contributed to this report.

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