Hays County district judge reportedly records, streams child sex abuse trial

HAYS COUNTY, Texas (KXAN) –  A Hays County district judge reportedly recorded and streamed a trial where someone was accused of sexually assaulting a child without the knowledge or consent of the defense, the prosecution, or prospective jurors, according to Hays County District Attorney Kelly Higgins.

While the trial was streaming, Assistant Hays County District Attorney Daniel Sakaida filed a motion that required 483rd District Court Judge Tanner Neidhardt to remove the stream of the July 1 trial from YouTube -- saying the stream violated the Texas Code of Criminal Procedures and statutory legal protections for child victims.

Higgins said the video was taken down before the victim's identity, who is now eight years older, was revealed.

"In cases of Aggravated Sexual Assault of a Child, particular sensitivities have been addressed by the legislature and codified into law. The legislature has made it imperative that the identities of such child victims be protected. At the time of the discovery of the livestream, the next witness to be called to testify was the child alleged to be the victim. The quick intervention of [Sakaida] precluded any chance that the victim’s identity would be disclosed by the live stream," Higgins said in a statement.

"It is unclear why the court would decide not to inform the parties of the live stream," he continued.

It is common for trials to be streamed and available to the public. But Higgins said cameras streaming court proceedings can't, "record bench conferences, juror excuses, or privileged conversations between counsel and client."

"The cameras involved in this matter were secreted and installed prior to trial without the knowledge of the parties, and all of [those exceptions to livestreams] had actually occurred on camera prior to our discovery of and objection to the livestream," Higgins said.

Higgins said there was a mistrial, and the state motioned to dismiss the charges in the case. A spokesperson from Hays County said Neidhardt would not comment or provide a statement on the incident.

Local publication Caldwell/ Hays Examiner originally reported the "secret" recording.

"[This] is extremely out of the ordinary," said Charlie Baird, a retired Travis County district court judge and current criminal defense attorney.

Baird said he knows of other Texas district court judges who livestream court proceedings in the interest of transparency. He said he thought it improper to stream one related to the sexual assault of a child without the consent of all parties.

"It seems to me that without some type of media interest -- [as a former judge], I don't believe I would ever broadcast a trial involving a sexual assault of the child," Baird said.

Neidhardt is up for re-election. He was appointed to the position in December 2022.