HOUSTON (KTRK) --The two surviving children of fallen Houston police officer Richard Martin never thought they'd find themselves in court months after he was killed in the line of duty. Yet, this Wednesday afternoon, the kids, their mother, and the attorneys crowded into a probate court for a recusal hearing. The family does not believe the judge in the probate case, Rory Olsen, can be impartial.
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"I think it's difficult to be fair whenever you have a problem with somebody," said Kimberly Martin, the ex-wife of the officer. Martin and her children say Judge Olsen should be removed from the case because he has raised concerns about the children's attorney, who is trying to get the children access to their dead father's estate.
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Besides their belief that there is judicial bias, the family also says the temporary administrator appointed by the Judge, attorney Robert Talton, doesn't have the children's best interest at heart. The Houston Police Officers Union backs up the family. The Union President, Ray Hunt said Talton evicted the officer's daughter from her own home, changed the locks, and allowed an out-of-state aunt to come to the home and remove belongings.
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"This may be a crappy house to him, but this is their belongings and these kids deserve it. And for the inventory to be done this way, is completely irresponsible of Robert Talton," said Hunt, who was among the witnesses in Wednesday's hearing.
We tried to talked to Talton after the hearing, but he ran away from our cameras and would not say a word.
There's no final decision on whether Judge Olsen will be recused from the case, but the childrens' mother said it's a shame other adults are fighting over what should be simply left to Officer Martin's kids.
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"It's been almost a year, and my children are still dealing with this, and it's hard on them," said Kimberly Martin.
Hunt worries that since the administrator is fighting the children for such a modest estate, attorneys fees will eat up whatever money should be left to Martin's children.
"It concerns us because there's not a lot of money in this case, and it's going to be taken up by the administrator, and others in this case, and it's really unfair. All the money should be going to the kids."