>> weeks later, toxicology results were provided to the judge that indicated that mr. ponce was indeed under the influence of alcohol. he was drunk. he was a 0.14, almost twice the legal limit. >> we're expecting the judge is going to say, okay, we are going to remand you back into custody. instead, he recused himself from the case because of the comments he made previously. >> i think you were drunk. i think you are lucky you didn't have a girlfriend in the car that didn't die. >> it was assigned to another judge, and that judge let the bond stay. >> first judge said, if the tox comes back and it's over the legal limit, you're going to be in jail. the second judge -- don't they talk? what would be the problem to