Harris County Assistant DA Won't Be Forced to Testify About DWI Testing Vehicles, Rules State District Judge

Rachel Ann Palmer

​Harris County assistant district attorney Rachel Ann Palmer will not be forced to testify during a grand jury hearing regarding Houston Police Department's controversial breath alcohol testing vans.

Earlier this morning, Palmer was denied a last-minute motion to disqualify state district judge Susan Brown from the proceedings. However, Judge Brown, following private meetings with attorneys on both sides as well as reviewing the secret grand jury inquiries, won't compel Palmer to testify before the 185th District Court.

Last Thursday, Palmer, who oversees prosecutors who try DWI and other misdemeanor cases, pleaded the Fifth instead of answering grand jury questions about DWI testing vehicles. The BAT vans have come under scrutiny for allegedly providing unreliable results.

On Monday, Palmer's lawyer Clay Rawlings filed a motion to recuse Brown. According to paperwork acquired by Hair Balls, Palmer and her defense team allege, in dizzying details, that Judge Brown "has a personal bias or prejudice concerning the subject matter or a party."

As of the time this post was published, Palmer hadn't been offered immunity for her testimony by special prosecutors, which is a move that may be forthcoming.