Saturday, May 25, 2013

 
 
 
CORRECTION AS TO SOME OF THE
 UNCALLED WITNESSES

First of all, it is not wise for a reporter to talk to a witness before they testify.  Judge Hanen went directly into the defense without a break.  When the break came and we went out into the hall there were all of these attorneys there.  Mr. Androphy had indicated he would be calling defense witnesses like Rick Canales in favor of Villalobos.

At this moment the defense had barely started.  We all assumed the lawyers were witnesses for Villalobos.  Through confidential communications, I have learned some of the lawyers were subpoenaed by both sides.  And some of the lawyers in the hallway were expecting to only testify for the prosecution in the event Villalobos' lawyers asked certain questions.

Under Rule of Evidence 404B some evidence only comes in if the defense Opens the Door as we say - if you followed the trial for example - when Androphy raised the issued of Villalobos moving back to Brownsville from Dallas, that opened the door to the testimony that he in fact had been fired in Dallas.  When his attorneys pushed agent Gripka on the issue of Oscar de la Fuente being allowed to practice law in state court, that opened the door to the request from the State Bar for Oscar de la Fuente's testimony. 

Apparently, and without mentioning names - some of the attorneys who were there were under standby by the DOJ, not Villalobos, in the event during the defense certain issues were raised. Although they were in fact subpoenaed by both sides, some were only on standby for the DOJ.

Guys, only an idiot reporter would talk with a prospective witness.  I did accidently introduce myself to someone who was never called.  I said to the person - "I know your face - but I do not recognize you."  I introduced myself and he said "oh your are  the Brownsville Voice."  He then said his name, and I immediately left his presence.  We were down stairs in a snack room. Nothing of any substance was discussed.   

2 comments:

Anonymous said...

That's why I like you. you are honest.You didn't need to disclose that or the $300 towards the equipment but you did.It proves you have honor. good for you .Love that the attorney said "you are the Brownsville Voice. "you are the voice and you are making a difference .Hope that you will continue to speak for us ,to us and for justice ,and that you will speak to DA Saenz about the cleaning up that needs to be done.You are only one but we are but many.If nobody listens do a petition. And of course I hope you cover the Lucio trial.You are doing a great service to us all.Be Blessed in your work.

Anonymous said...

I think we can now leave out all the tap dancing and see that Villalobos was convicted on the FACTS. He was not clever enough to hide his money laundering, it out there front and center. All the government had to do was show the money trails and as a backup, the testimony of dubious characters. Mando never addressed the banking issues. The jury saw through the genius idea of just writing Mom on a deposit. There were a thousand ways he could have launder such relatively small amounts of cash, but he was, in the end, just plain stupid.