Monday, May 20, 2013

 
DAY 8, VILLALOBOS TRIAL
MORNING SESSION

The AUSA will continue with his last witness. Androphy will then do his cross.

The AUSA will then do redirect - and then maybe they will rest. Villalobos counsel will then begin the defense. Judge Hanen noted that if when the prosecution rests it is not time for a natural break Villalobos must start his defense. When the break time comes, Judge Hanen will allow Androphy to ask that the charges be dismissed for a want of evidence. It is a standard motion which is made in every case. Judge Hanen will deem the motion as timely.

If Villalobos can complete his defense by Thursday - I see us being there late to allow for this -  Friday morning will be closing arguments.  There will then be a very long, and tedious jury instruction.  The jury will then retire to the jury  chambers.  Going over the instructions should take about an hour.  They may then vote for a sense of where everyone is, or first  discuss the evidence.  It will be their choice.

I am in court - Judge Hanen has a few sentencings first, and then we will get started

Sentencing Jose Garcia illegal movement of undocument immigrants - Govenment moves for a downward departure - government is asking for low end - def. has no criminal history and has always been employed in legal employment.

Def. has cooperated at every level.  Asking to do his confinement at home so he will note lose his job.  He transported one person for a friend.  Def. is very remorseful - the sentence - 5 year probation - conditions being imposed.  $3,000 fine -

Judge admonishing Mr. Garcia - any violation period and Judge Hanen will put him in jail for longer than he may have gotten today.

Jorge Chapa - unlawful entry - def. waiving right to appeal to get a lessor sentence - this will be a timed served case.  Also accused of violating terms of probation by returning illegally.  148 days with timed served - probation  Fine is waived - 4 months for probation violation/  Deportation will be the next step

 Ms. Santos - illegal alien - prior conviction - 4 point downward for waiving appeal - 143 days is recommended by the government - she promises to never come back - Judge Hanen admonishing her if she comes back again it will be 18 months in jail.  Sentence 143 days - time served - no fine.

Maria Gonzales - illegal alien - government recommends 8 months - def. asking to be allowed to return to Mexico - if she returns yet again she is looking to 2xs what she is getting now - sentence 8 months - probation - deportation

8:47 a.m. Villalobos trial about to begin - Judge jokes with lawyers that jurors will refuse to continue to sit if Mr. Wynne contines to draw on the board - and Mr. Androphy continues to object - it was a joke - but there is a real note which Judge Hanen is filing with the court - but as sealed.  A jurur appears to have some problem - that is all we know

State Bar on 5/17/2013 - ordered a transcript of Oscar de la Fuente's testimony - the government wants it in evidence - Judge Hanes sustains objection

AUSA Survic continues with direct of Agent Gripka - they are discussing a cash out receipt from Eddie Lucio's account.   - the receipt is actually a movement of $40,000 from Lucio's client operating account to his operating account - March 5, 2007./ 

Truck Seisure case -

New phone log wihch tells us of text messages btwn Lucio and Villalobos - dated 9/16/08 endless texts back and forth all day . 8 all together

Cash out form on 9/16/058 - $3,000 in cash taken out of Eddie Lucios account

9:00 a.m.

House Seizure case

We are looking at the agreed order on the House seizure case. 

$42,000 paid to Oscar de la Fuente -

Case file on Pepe Villarreal - Ruben Pena telling Monica G to  to prepare the motion to dismiss murder charges - the note says for Monica to check with Villalobos to insure okay - but remember Pena was appointed because Villalobos was allegedly conflicted out.

 remember Pepe is the brother of Jose Villarreal who signed off on  the House seizure settlement .

March 17, 2011 - Motion to dismissed filed.

We are loooking at docket sheet for Pepe Villarreal case

March 22, 2011 - Pepe Villarreal murder case dismissed

March 25, 2011 phone logs back to 3/11 - outgoing to Villalobos from Oscar de la Fuente - ODLF has signed judgment in house seizure case

3/14 - Villarreal to ODLF check with Ruben Pena - he has mtpion to dismiss on murder charge  - at the end Villalobos says lunch Friday- ODLF says okay

For lunch Villalobos asks  ODLF if he  can invite Eddie  -

March 25, 2011 - lunch meeting -

March 31, 2011 - Villalobos still in DC - Agent Gripka found one transaction to show Villalobos in DC.

Looking at money order - written to a storage facility 4/5/2011 - $450 - amount

Another money order written to Toyota Financial Services for $747.11 - date 4/23/11

Another money order to Toyota $435.07 - 4/23/11

$300 money order to Wells Fargo 5/8/2011 -

All written by Villalobos

9:15 a.m.

5/13/2011 - $97,000 check to Oscar de la Fuente from Cameron couty.

4/16/11 dedication of Cameron County Annex Building - Villalobos and Oscar de la Fuente speakers

Records how $97,000 going into trust account - then to the operating account and then $50,000 into personal account - 5/18/2011 - 5/27/2011 is when the money went into his personal account

$2,500 check from ODLF personal account 5/4/2011 to Villalobos for the Exploratory congressional campaiign - a second check from ODLF wife (this date is correct - it is what was said)

The dates are not adding up - also agent and DOJ Surovic going back on fourth correcting amounts - it is getting confusing.

Agent Gripka used Villalobas calenders to check for transfers of money.

8/27/2008 notes from Villalobos and ODLF meeting - Androphy objects - overruled - meeting on 8/27/2008

8/30/2008 - money order for $285 to Travis Bence of on property by Villalobos

8/30/08  AES graduate services $242.33 by Villalobos. 

More notes on meetings Between Villalobos and ODLF

June 3, 2009 - Meeting with Villalobos - ODLF

Money Order for $924 to Boca Chica management property  - dated 6/3/2009 by Villalobos

9:31 a.m.

Another note on meeting

6/4/09 Meeting with Villalobos Oscar de la Fuents  - we are looking at a $500 MO dated June  10, 2008

6/10/09 $79 money order - Toyata

February 12, 2010 Villalobos meeting ODLF Enrique Calvillo case -

Money Order capital one 2/13/2010 - $129.93 by Villalobos

Cash  deposit into Villalobos account for $340 - dated 2/19/201

Another meeting 6/10/10 Jose De Leon def - meeting with Villalobos and Oscar de la Fuente - he got pretrial diversion

Another money order to Toyota - for $579.52 -  it got to Toyota June 18, 2010, which means it was purchased several days earlier. a.m.

Another money order date June 20, 2010 - for $500 paid to Villalobos -

Meeting note 2/18/2011 meeting with Villalobos with Oscar de la Fuente

2/14/2011 - $500 cash deposit into Villalobos personal account

9:43

2/16/2011 another $500 cash deposit into Villalobos personal  account

2/17/2011 another $500 cash deposit into Villalobos personal account

Another meeting with Villalobos and De la Fuente 8/27/2011

Another money order to Wells Fargo from Villalobos 4/28/2011 $300

On dates - I am certain of what I am typing - I think the AUSA sometimes is saying the wrong dates -

The implication is  the above meeting must have been 4/27/2011 and not 8/27/2011

They are looking at campaign contributions. 

Money orders - he went to 10-12 places for money orders - very rarely if ever did Villalobos use the bank for his money orders.

Limas said he made 10-15 payments to Villalobos

We are looking at Limas office calender - May 21, 2009 - meeting with Villalobos at 4 p.m in his office.  Androphy is objecting because Limas never provided any dates for his alleged payments to Villalobos

Deposit slip into Villalobos account shows $500.00 May 22, 2009 - Judge Hanen overrules objection

Notes of another meeting - Androphy is objecting again - the issue is these meeting have nothing to do with matters testified to by Limas or Oscar de la Fuente - Androphy's concern is the jury is seeing implied evidence of payments in cases not testified  to by Limas or Oscar de la Fuente - Judge Hanen and lawyers in side bar.

9:57 a.m.

Meeting 12/10/2009 Limas and Villalobos

Looking at Moner order to Wells Fargo dated 12/11/2009 for $500 - Money gram MO are sold at Walmart

12/11/2009 to Toyota for $615.99 another Moneygram money order

A new money order %579.52 to Toyota - 12/11/2009 - but from HEB

More notes of meetings 2/17/2010 Limas and Villalobos meeting

Cash deposit in to Villalobos account 2/19/2010 - $340 cash deposit

Another meeting - Villalobos and Oscar de la Fuente - March 9, 2010

Another HEN money order for 4408.37 - bought march 3/14/2010 - payable   to capital one

March 14, 2010 - $976.20 HEB mo payable to Capital One - all by Villalobos

Another HEB mo for $225 - March 14, 2010

Agent Gripka sayiing money orders cost between 60 cents and a dollar whereas checks are free

Valle

exhibit 272 - pretrial diversion form for Rodolfo Gutierrez -

Side bar with Judge Hanen - on Androphy's objection

October 11, 2008- pretrial diversion on Gutierrez

looking at Villalobos traffic law looking at cases

9/28/2009 log indicates he had a meeting with Joe Valle - discussing 2 DWI cases - agree to dismiss new DWI in exchange for plea on first DWI

Document is from DA file - it shows how  the case was handled - Villalobos had the file with note going back to court DA from Villalobos

Looking at 9/30/09 2 days after Valle meeting Villalobos deposits a $1,000 cash deposit into he personal account - deposit slip notes "mom"  it is next to $1,000 entry on the slip - before Limas case went public 15 such deposit slips.

They looked into Villalobos mothers bank account.  They had two sources of income - her job in the jewelrey store $200 - 400 a week - her husband got Social Security  -

History shows minimal relationship between mom's account and Villalobos account

$15,000 personal accout had note of mom in personal account

There was a number for cash to his campaign but I did not hear it

10:17 a.m.

We are looking at a seizure report related to Jose Villarreal house - this report makes no notes of problems with the search (go back there was a problem with the address - the warrant had number 10 - but the seach was in house 8)

Jan 27, 2012 document submitted by Abel Gomez -

Original affidavit signed off on May 19, 2010 - [if it sounds disjointed it is - Surovic knows where he is going but it is not clear to the jury - this happens all of the time]

March 15, 2011 - final judgment on house seizure case for  Villarreal - remember his brother is Pepe Villarral - Ruben Pena dismissed the murder charges in that case.

Jan 26, 2012 - supplement report done by Abel Gomez - he also did the May 19, 2010 report

between the two reports there is only one difference - 5/19/2010 makes it appear the search was done correctly - because of objection by Androphy Gripka will read the differences from the reports.

During the search some of the Ice agents left the property when they realized the problem with the address - 10 versus 8 - this is in the supplement report but not the original report.

The SOG agents believed the search was in good faith because the house described was 8 not 10

They are going over various reports addressing the issue the search -

10:30 a.m.

January 24, 2012 - Nortin Colvin called for  the meeting at DA's office - the matter of the seizure of the house came up - objection to question - sustained - They showed the evidene they had in various cases and Oscar de la Fuente was cooperating -

Agent Gripka  - has he seen a supplemental report done 2 years after the event?  Agent Gripka saisy not - Androphy objects to answer and Judge Hanen sustained same.

Morning Break 10:36

Definition of  Speaking Objection

http://definitions.uslegal.com/s/speaking-objection/

It appears that during the last side bar the judge ordered the attorneys to stop speaking objections.

Androphy in his last objection said he was not speaking.

10:48 - waiting on Judge and Jury

ANDROPHY ON CROSS EXAMINATION OF AGENT GRIPKA: 10:54 a.m.

House Seizure case - the address on the warrant was different  than the house searched.

Gripka agrees that the search warrant tells the agents which house needs to be searched.  Gripka agrees that generally a search warrant is needed - there are exceptions

Gripka agrees the search warrant was how to get into the house.

Gripka is accusing Androphy of miscontruing his testimony - Gripka agrees that the warrant says which house can be search

Gripka says SOG investigators should get their report right the first time

Abel Gomez prepared the search warrant which said 10 Luci cir, not 8 Luci cir.

11:01 a.m.

Oscar de la Fuente put nothing in the file challenging the search and seizure.  The implication of this line of questioning is Villalobos knew the search was wronful but went forward on the seizure anyway - and guys this happens every day in the US.

Other than the address on the house - the reason for the search was someone was going to steal the money- the source was a confidential informant.  Name of informant protected to protect their safety and a reliable source.

Gripka is getting angry with Androphy  - Judge Hanen has admonished both to calm down - Gripka has not supplemented reports by changing facts.

Androphy is trying to Gripka to admit he has done the same thing - he denies it.

Gripka has never added facts to a supplemental report not in the original report

Gripka says if he receives new information it is a new report

Gripka and Androphy are really going at - Gripka is not buying it and allowing Androphy to control his testimony.

Gripka did not answer the question of what he would do if he later learned he left out an essential fact.  Androphy is so excited he never realized the question was not answered - this is the heart of the issue - what do you do if you leave out an essential fact in the original report.

They are calming down - Androphy is now trying to make Gripka look inexperienced -

11:13 a.m.

Gripka does not know if the confidential informant worked for the state or feds.

If the defense lawyer can request the ID of the confidential informant that would be a problem for the state and the feds.

The question is, if it got to the point of  hypothetically that an informant could be revealed - a case may be expedited.  Androphy is trying to get the jury to believe this civil forfeiture case settled the way it did was to protect the confidential informant - there is no evidence of this - never mentioned by the civil attorneys.  Androphy could have asked them about it then and he did not.

Gripka does not have experience with forfeiture cases in the state court.  In 2007-2008 he had not had such a case,  Gripka's second time investigated a civil forefeiture in this case as part of the criminal case.

The money truck case was Gripka's first forfeiture case as part of his criminal investigations.

The seized money in the house case was about $500,000 - alleged to be drug money.  Gripka agrees this kind of money implicates a crime was committed which would lead to a criminal investigation.

The file does not include documents which explains the procedures in  the civil file by defense counsel Oscar de la Fuente - sounds confusing because that is how it is being asked

Jury excused

Judge Hanen warned Androphy that he is close to violating his own Motion in Limine

He has warned Agent Gripka that if he continues to argue and not answer the questions Judge Hanen will consider striking all of Gripka's testimony

Court reporter complain she cannot get down the objections because everyone is talking over one another

11:31 a.m - Jury back

Androphy is trying to establish Oscar de la Fuente did nothing in this case - early Gripka state this is because he was carrying out the conspiracy - the jury heard it.

Gripka there has been federal investigation concerning Julio Villarreal in the past but does not know if there is an investigation at this time concerning Julio Villarreal and the house case.  The file shows a possible money laundering case. 

He has not interviewed the SOG agents - he has not interviewed anyone about an ongoing investigation related to the $500,000

Memo from Special Operations Group in Cameron County - the House forfeiture case - nothing in
the report about forfeiture.

Gutierrez got pretrial diversion in 11/2008 and Valle was not the lawyer on the case , Valle did the second case wherein he got the DWI 2nd dismissed if Gutierrez would plead to the revocation on the first.

The file traffic log showed Valle met with Villalobos -  then a cash deposit  with a reference to Villalobos mother or at least Mom -

Androphy gets Gripka to admit that the Mr. Valle gave money to Villalobos and then 2 days later Villalobos deposited the money.  Gripka agrees that the entire thing depends on the credibility of Valle.  Gripka agrees if Valle lied then there is no connection between the cash deposit and Valle.

I have to say on Valle Androphy did move it along quite fast

11:45

Limas payments

Gripka believes Villalobos mother is a contract worker at the jewelry - the financial records show her income started under $10,000 a year to more in later years - this is based on her weekly checks - the source was her bank account

Gripka found one account for his mother - Gripka does not know if she got cash bonuses.  Gripka does not know about the cash business in the jewelry store.

Gripka has no knowledge of Villalobos' relationship with his mother in terms of helping one another.

Other financial information related to Villalobos mother - nothing other than the checking account - she also as an AMEX card under Villalobos account - At any time did mother pay Villalobos back for charges on his AMEX - Gripka does not recall anything on paper related to reimbursements.

The so called mom deposit Gripka tried to connect to Limas

If Limas lied then Gripka agrees there is no connection between Limas and the deposit

11:57 a.m.

They are going several rounds on this issue and Gripka has agreed but then Androphy goes back to it.

Lunch break be back at 1 p.m. currently 12:01















4 comments:

Anonymous said...

Isn't it possible the wrong address was done on purpose? This way it's harder to get the house where the money was actually found.

BobbyWC said...

Good question - but under the good faith exception the house was accurately described so motion to surpress would have even been granted, What DOJ has failed to note is, the supplemental report noting he problem was after the case settled so there seems to have been no way for ODLF to have known about the problem anyway

Bobby WC

Anonymous said...

Then why did the ICE agents back off?

Anonymous said...

The timing and warrant as well as the person who signed it are what's suspicious