SMITH COUNTY, Texas — Testimony is expected in the trial of former Smith County Constable Curtis Traylor-Harris, who is accused of theft.
On Monday, the court finalized preparations, clarified what evidence and arguments will be used and began jury selection.
Body cam footage allegedly shows Traylor-Harris and two other officers stealing several items from a Tyler residence in January 2021.
Traylor-Harris is facing charges of official oppression, abuse of official capacity and property theft.
CBS19 spoke with criminal defense attorney Bobby Mims with Boren & Mims, PLLC about what to expect as testimony gets underway. Mims said court trials against law enforcement officers typically end with a maximum punishment.
"Because they have that high standard, if they violate that standard, commit a crime and are convicted, they're almost always going to be punished more harshly," said Mims.
Traylor-Harris' lawyer requested last week that another judge should take over the case, but the request was denied.
"There's got to be a conflict of interest to get a judge to call recused," said Mims. "I don't know, but I'm pretty sure that's what the lawyer did. He tried to recuse the judge. Unless there's an overt conflict of interest, you're not going to win."
The two other law enforcement officials Precinct 1 Sgt. Derrick Holman and former Precinct 1 Chief Deputy LaQuenda Banks will testify as witnesses for the prosecution.
Mims says the public should withhold judgement on the defendant, Traylor-Harris, until a fair trial has been conducted.
"All people are presumed to be innocent until proven guilty beyond a reasonable doubt," said Mims. "Our justice system is a good justice system."
Testimony is expected to start on Tuesday. If convicted, Traylor-Harris will be permanently suspended from his position.