Thursday, May 16, 2013


DAY FIVE VILLALOBOS TRIAL
- MORNING SESSION
  
ANDROPHY TO CONTINUE CROSS EXAMINATION OF OSCAR DE LA FUENTE

Sorry for the delay in getting this up, I could not get a signal. As soon as I have a signal I will be posting. The battery went low on the Internet device. I could not get it plugged in before Judge Hanen entered the courtroom. It makes a beep. So I am waiting for a break.

8:30 a.m.
Judge Hanen admonishing jury about talking to the media. Apparently, someone in the media tried talk with members of the jury. No member of the jury spoke with the media.

Androphy is discussing the Perez case with ODLF. They are discussing the modification of the previous probation. The document was prepared by probation department. It says to commit no criminal offense.

The defendant signed the modifications along with a supervisor at probation and Charles Mattingly with the DA’s office. The judge also signed off on it. Judge Janet Leal signed off on it. He was put into the intense supervision program. The means reporting more than normally.

ODLF did not know if to describe it as an easy or hard case. He is holding his ground. The case was hard because he may not have committed deadly conduct, but he did commit disorderly conduct.

Remember this is the case wherein he son signed an unsworn statement taking responsibility.

The deadly conduct case was originally dismissed.

WHAT IS HAPPENING HERE IS ANDROPHY WANTS TO SHOW THERE WAS NOTHING WITH VILLALOBOS DEALS IN THIS CASES.


Case of Enrique Calvio

Instead of a felony DWI it got plead to a state jail felony.

In this case the state did not have video. This can make the case more difficult. [note I have tried DWI’s and seen juries convict on the testimony of the officer - even without a blood or breathe test.

The DA also did not have any test. No video and no test makes the case harder. There may have also been a problem with the field sobriety test.

9:00 am
The jury in this case was not selected because of the number of strikes. Attorneys get to strike some jurors without cause and an unlimited number for cause. In this case it left the court without enough jurors.

The client got 2 years state jail felony probated.

ODLF could not get the deal from the assigned DA so he went to DA Villalobos for a better deal.

[note - while not common - lawyers will go to the elected DA if they feel the election DA is being to hard and not properly looking at the evidence - again not a common practice to my knowledge - but I have personally done it while in Dallas]
The case was hard but the resolution was fair according to ODLF.

Roberto Garcia case

This is the case of the man who went to Mexico for cancer treatment and was facing revocation for not reporting.

Mr. Garcia initially went to prison and then came back for shock probation. This is basically a second chance for the defendant, after spending some time in state jail.

The judge will authorize shock probation.

A family member had called ODLF for legal representation. ODLF was provided medical records verifying the cancer treatment in Mexico.

The judge was Judge Euresti - he allowed for Garcia to stay on probation based on Villalobos recommendation - but the probation officer wanted Garcia back in prison.

Mr. McWorder (spelling)

This case involved selling liquor (Triple Sec) to a minor. He got non-binding pretrial diversion - this means if he failed the probation while on PTD he still had the right to plead not guilty. Again Villalobos approved this deal.

Ramiro Garcia

ODLF paid ½ on the $2,500 bond. There was also the $40,000 bond. ODLF claims to have spoken with Villalobos about the $40,000. ODLF never mentioned it to the government agents. To remind my readers ODLF was the surety on the bonds and after Garcia took off ODLF did not have to pay the bond on revocation.

On the day Garcia failed to appear, the ADA did not file a formal motion to revoke, but according to ODLF an oral motion was made. Now he is saying he did not know if the $40,000 bond ever went through the system. ODLF told the FBI he never mentioned the $40,000 to Villalobos. ODLF agrees that the file did not have a record of the $40,000 bond when Villalobos reviewed the file.

Androphy is trying to impeach ODLF testimony by showing his statements with the FBI are different than what he testified to.

Erica Ramos

Was out on 3 $5,000 bonds. She was in Colorado and could not make court. She had travel problems.

When ODLF met with the DA all they showed him was his bonds, but nothing from the court file.

9:30 a.m.
Androphy Passes the witness to DOJ Wynn

DOJ WYNN ON REDIRECT OF ODLF

ODLF easy hard meant hard for ODLF to get the deal.

ODLF spoke with Villalobos about victim cases and victimless cases. Affidavits of non prosecution do not necessarily make cases easier.

ODLF - claims he did not do some things because it was Villalobos would get the non-prosecution affidavits.

ODLF is testifying he was paying Villalobos for access and favorable deals so ODLF felt he did not have to work as hard, which is why he did not do things which for other attorneys would have been basic.

ODLF did not give him cash for every deal.

Erica Ramos

ODLF does not know if she turned herself in. He went to Villalobos after he was sued with a lawsuit to pay the bonds.

Mr. Worder - wrong to pay for deal

Ramiro Garcia

ODLF asked for Villalobos help to get Garcia arrested to avoid paying the $40,000 bond - when he met with Villalobos Villalobos said nothing had been filed on the $40,000 bond.

Had the state filed on the $40,000 ODLF would have been liable. Nothing was ever filed. Villalobos agreed to leave it alone.

Roberto Garcia (9:40 - DOJ Wynn moving along pretty fast)

Garcia was on shock probation. ODLF had no personal knowledge if Garcia had cancer. Mr. Mendez the probation offer may have found Garcia at Garcia’s mothers house and then filed in court to revoke his probation.

Memo from US Attorney’s Office for Western District - Brownsville is part of Southern District..

They are looking at the ODLF deal. The letter is from Robert Pittman’s office in San Antonio informing the parties the South District has been recused from this case, but that DOJ Wynne lawyer from Southern District would continue on the case.

De la Fuente is being notified the State Bar may take action for his testimony at this trial. The federal license is not automatically reinstated. ODLF is noting that the court reporter has recorded his testimony. The State Bar can request his testimony and take action.

US Attorney Ponce did not do anything wrong. US Attorney Castro did not show ODLF any documents. No money exchanged between Ponce, Dowd, Castro, Esquivel, and ODLF.

JAMES HEARING FROM A MONTH AGO
The hearing was short. It was a pretrial hearing

Jose De Leon

Here illegally - his case was the chase through the school zone. When ODLF spoke with Villalobos he had the file. They are replaying the chase tape.

The chase is in La Feria - it was in a school zone. Villalobos had the file and looked at them. De Leon had an assault on a police officer. The record shows a video and audio recording made of the event. But it was not in the file. This was aggravated assault on a police officer. ODLF says Villalobos could have asked to see the video but believes he never did.

Villalobos did not care about the video - Villalobos did not mention there was a video and that ODLF believes it was because of their special relationship

Again the DA criteria shows De Leon did not qualify for PTD because of priors. De Leon refused to sign the affidavit for PTD because he had a prior. The DA’s office waived the requirement. ODLF had never seen this before.

10 a.m.
ODLF is looking at the affidavit de Leon never signed. It is not signed.

MONEY HOUSE CASE
$900,000 was found in walls in the house. ODLF stated this is done because it is drug money. His client was Alma, Selma and Julio Villarreal (this is the case wherein Villalobos helped with access to Longoria in federal prison)

ODLF paid $5,000 cash to Villalobos and $5,000 in campaign donations.

They are looking at a check dated 4/13/2011 - related to the Money House case. The check means no trial - ODLF work on this case - They are looking at the document attached to the forfeiture case.

An informant told the government the money was inside the wall.

The feds were not involved.

In the money truck case Villalobos told ODLF the feds were involved. Villalobos told ODLF that he had to talk to the feds about release of the truck and money. ODLF got $42,000 in the matter representing the passenger.

The residence in the affidavit described house number 8 although the affidavit state house number 10.

The documents show ICE agents stepped out over the address issue. The Special Operations Group (SOG)

10:15 a.m.
Supplemental report dated January 26, 2012 - the case ended 3/15/2011 - so this memo is some months after the event.

It explains potential problems with the search warrant. The document did not exist at the time the case settled.

ODLF discussed target letters with Villalobos - about this type Villalobos had an attorney Norton Colvin (spelling)

TripleSec case -


WE ARE IN A BREAK

We are back from break, but there is a problem and the attorneys are in a side bar with Judge Hanen.  The jury is not in the courtroom.  The court reporter had to admonish the attorneys to not talk over one another.  She is very professional.  It is important she gets an accurate record.  This is an important part of job - communicating with the attorneys when they need to slow down or stop talking over one another.

10:48

Wynn Continues redirect

ODLF Villalobos agreed to not pursue the Money House case part of money laundering case if they worked at the deal they worked out.

Money Truck Case

There were two cases - one in Brownsville and one south of Houston - the $900,000  case was in Brownsville.  ODLF represented the passenger Chavez and Eddie Lucio represented the driver Sanchez

ODLF approached Villalobos and because an agreement had already been worked out in the $900,000 case no challenge to the search warrant was necessary.

ODLF ethics - do not pay judge or DA -

12/2011 ODLF approached the FBI - he was shown a power point.

Antonio Sanchez was a case wherein Limas wanted ODLF to file a Writ of Habeas Corpus

Belinda Martinez - female in jail over weekend - needed to get out of jail

11:00 a.m.

ODLF - get out of jail card only good if you are in jail.

ODLF conversation with AUSA Ponce and Castro only lasted a few minutes

LIMAS PLEA AGREEMENT

Judge Hanen in side bar - issus is AUSA Wynne is raising issues not discussed on direct - this is not permissible

ODLF - question of ODLF being a victim because someone used his name to retain a client and took the money.  ODLF never signed the receipt and knew nothing about it.

ODLF to Villalobos about Frank Cisneros forging his name to claim representation of clients for ODLF.  Villalobos told ODLF not to go there in seeking prosecution.  Bondsman Cisneros never prosecuted.

AUSA Angel Castro  - each agency has their own Inspector General - Office of Professional Responsibility and Inspector General are different.  ODLF never gave Castro cash for anything.

the 5k's is a federal motion to reduce the sentence from the statutory range - same for a safety valve - these must be approved by the  federal judge.  Over the years ODLF had significantly more than the 3 cases Androphy went over. 

ODLF never went in an office with a closed door to discuss these matters,  ODLF said never paid any money.

In the 5k cases Castro was the courtroom lawyer - but in some cases like a 5k the supervisor must approve the motion.  There must be substantial assistance provided to get the 5k benefit.    Angel Castro is not the supervisor

Campaign contribution

2 $2,500 contributions for his congressional campaign - ODLF called them kick-backs.  Villalobos had a lot of cash and gave $3000 to ODLF and then asked that he write a contribution of $5,000.  IN effect they did $3000 within the $5000 given by ODLF.

11:15 a.m.

Joe Lopez - Chief Investigator under Villalobos - Joe Lopez helped with non-prosecution affidavits.

Lopez played a role in the Perez case.  Androphy is objecting as hearsay - but the documents showing this have already gone before the jury.

Judge Hanen in side bar with the attorneys


NOTE I LOST ABOUT 30 MINUTES TESTIMONY BECAUSE OF PROBLEM WITH CONNECTION

11:42

They previously went over a domestic abuse case Hervery Roel, wherein the woman was stabbed - the demonstrative evidence would have proven the case without the witness.  ODLF still got a deal approved by Villalobos.  In this case the woman signed the non-prosecution affidavit out of fear of deportation.  She told police he even beat her while pregnant

Daniel Juarez - another domestic abuse case - victim had a protective order - he violated - victim said she would do the non-prosecution if he does not violate the protective order - he violated the protective order and still got probation


Another case Alfonso Perez- a 16 year old ID's the defendant - Alfonso Perez senior - she said that was the defendant without a doubt.

The waitress remembered 1 month later seeing the defendant between 7-8 p.m. - The charge in the case was  deadly conduct.

11:47 p.m.

Joe Lopez investigator - Villalobos telling Lopez to get video showing defendant at movies - this is the deal ODLF worked out with Villalobos

Again the potential charge was deadly conduct - he got probation - and his previous probation was not revoked.

They are looking at a Motion to Revoke Probation - the motion was dismissed. Disorderly conduct forms a basis for revocation.

Case of Calvillo - the ADA made the case hard - he had 5-6 DWI's - going 86 in 55 mile zone -

Calvillo found near liquor store - arrested for public intoxication - they found cocaine in his pocket.

Calvillo found with vehicle in ditch

AUSA - trying to show long history of DWI's

AUSA Wynne  is going all over the place and not completing questioning - right now he is like a meandering river

ODLF interview with FBI - talking about the relationship between two matters - ODLF Pepe Villarral dismissal and Money House case -

ODLF did discuss with the FBI in Jan 2012 the link between these to cases.

AUSA Wynne summarizing all of the key cases with favorable results and kick backs with either Limas or Villalobos

12:03 p.m. AUSA passes the Witness

Androphy going back over Hervery Roel case - this was a victim case.  ODLF told the grand jury he only did victimless cases.  Villalobos opposed doing deals with victims.  But many of the cases wherein ODLF alleges deals included victims

ODLF says the FBI asked about cases wherein he got favorable treatment.  FBI asked about all cases - but Androphy is pushing that before the grand jury his testimony did not include victim cases.

ODLF agrees that the judge can order a non participating witness to court.  Androphy wants ODLF to admit non-cooperating witness can be brought to court under a writ, but are handcuffed.  [personal knowledge - I have seen this in Dallas - I never saw a witness handcuffed]

Androphy is suggesting non-cooperating witness may have to spend the night in jail.  This is all speculation  - AUSA objected but no ruling.

Androphy is trying to use lessor evidence to show the Hervey case could not be won -

12:15 p.m.

Juarez case - victim agreed to the deal with conditions - keeping the protective order in place

De Leon case - the chase case near the school.  unless he got pretrial diversion he would have been deported and have to leave the family behind - they did not want him deported  - they wanted to keep the family together.

Perez case - disorderly conduct case - whistled at a young lady and she got scared.  whistling is not a crime unless events follow because of it. 


LUNCH BREAK BE BACK AT 1:30



 

2 comments:

Chispas said...

Nothing yet???

Anonymous said...

Are you not blogging live today???