Monday, December 1, 2008

VILLALOBOS AGAIN PROVES ETHICS HAS NO PLACE IN HIS OFFICE

According to the Herald, De Leon received a Stay of her criminal trial when she filed a mandamus with the Court of Appeals. The issues is, can Villalobos be the victim and prosecutor at the same time? This is the same question Judge Peden is facing this morning in the removal of Juan Guerra in the Willacy County indictments.

The problem is, Judge Banales appointed Assistant Cameron County DA Padilla as the attorney pro tem to replace Guerra. On the surface it may not seem like much, but here is the problem. How can the DA of Cameron County be before the Court of Appeals this morning, via his brief, arguing a DA cannot be moved for being the victim and prosecutor at the same time, while his Assistant DA Padilla, is before Judge Peden in Willacy County defending his appointment as an attorney pro tem because DA Guerra cannot be a victim and prosecutor at the same time? This is the nature of LRGV politics.

The mishandling of the Willacy County indictments by Judge Banales may only serve to delay the inevitable, the dismissal of the indictments. All of the defense attorneys and Judge Banales have made this case into a three ring circus. For the life of me I cannot figure why defense counsel did not just allow the process to continue, and then seek a proper hearing on their respective motions to quash the indictments. Had they allowed the process to continue the new DA would have been in office, and Guerra would have been someone in the past.

As it stands, more and more people are asking why so much unethical conduct by Judge Banales and the defense attorneys. What they have done is turn this into a type Kennedy Conspiracy Theory. I have always said that there was no conspiracy to assassinate Kennedy. But there was a constructive conspiracy, through uncoordinated acts by lower level bureaucrats to cover-up the non-existent conspiracy.

In the Willacy County case, the indictments may very well all be bogus, but the actions of the defense counsel and Judge Banales, sure look like they are trying to cover something up.

3 comments:

Anonymous said...

Bobby,

In the case of Sen. Lucio, we neither sought nor received ex parte relief. We filed our motion to quash on November 19. It was heard December 1. Guerra received written notice last week that the hearing would take place today. The motion was granted for two reasons. First, because Guerra did not understand that he had to plead and prove a culpable mental state (he claimed that he could convict with no mens rea). Second, because the grand jury was improperly constituted. Four grand jurors were not present. It appeared from the testimony that the foreman canceled the meeting but that Guerra called it anyway (at least by calling some, but not all, of the grand jurors and telling them to attend). Guerra had 2 alternates attend but did not get a court order allowing him to do so as required by the Code of Criminal Procedure.

Michael Cowen

BobbyWC said...

Michael,

Thanks for the comment. It helps the people understand the process. The press is not telling us if the grand jury is still in place. As you know on defects like this if the grand jury is still in place they can reindict with the corrections.

Sorry for the delay in approving your comment. my RR is up and down, and they will not be hear for repairs until tomorro afternoon.

Bobby WC

BobbyWC said...

Michael,

Thanks for the comment. It helps the people understand the process. The press is not telling us if the grand jury is still in place. As you know on defects like this if the grand jury is still in place they can reindict with the corrections.

Sorry for the delay in approving your comment. my RR is up and down, and they will not be hear for repairs until tomorro afternoon.

Bobby WC