Wednesday, May 15, 2013

 
DAY THREE AFTERNOON SESSION
VILLALOBOS TRIAL

OSCAR DE LA FUENTE

The issue is the dismissal of the murder charge against Pepe Villarreal with Ruben Pena as the special prosecutor.

Emma Trevino with the Herald covered the original story.  Here is the link for further background if you are interested.

http://m.brownsvilleherald.com/news/valley/article_59249d62-b529-549a-a754-bbbb5872dafc.html

Testimony continues

ODLF - exhibit # 87 - Money House seizure case - they are looking at the final judgment 3/15/2011 -  final page of judgment also has 3/15/2011 - it is an agreed judgment.  Attorneys sign off on agreed judgments because they have an agreement - Van Soto represented DA - ODLF represented Adela Alma and Julio Villarreal.

The document was faxed to ODLF on March 10, 2011 from DA's office.  He later faxed it back after signing it.  March 11, 2011, outgoing text to Villalobos - asking Villalobos if the dismissal had been filed on Pepe Villarreal now that ODLF the Agreed Judgment in the House Money case.

Ruben Pena appointed special prosecutor on March 11, 2011. 

Motion to dismissed filed by Ruben Pena on March 17, 2011.  This shows Ruben Pena made a decision in this murder trial in 6 days.

ODLF does not know of any special relationship between Villalobos and Ruben Pena.

Exhiibit 224:  Concerns Pepe Villarreal case.  ODLF was Villarreal in the case.  The document relates to communications within the DA's office.  Judge Hanen is not formally allowing in the document - the jury has not seen it -

3/22/11 - Docket sheets shows murder case dismissed for Pepe Villarreal - The judge is Leonel Alejandro - Initially ODLF gave Villalobos $2,000 in cash - Eddie Lucio was at the lunch but not present when the money was given.  Villalobos never asked what it was for.  The lunch was at Emilia's restaurant.  Villalobos was heading to Washington  DC.

Later ODLF got a text from Villarreal saying he was still in DC.  The payments were not campaign contributions.

Exhibit 81:  4/13/11 check $97,000 made out to ODLF from the county for the money house case.  ODLF and Villalobos were at a building dedication in San Benito - ODLF and Villalobos discussed the money house case. V asked about the $97,000 check.  V was expecting a contribution for his congressional race.

4/14/2011 was the date of the dedication ceremony.  ODLF did give campaign contributions to Villalobos from the house money case.  ODLF says the donation was really a kick back.  ODLF claims he discussed with Villalobos how to structure the checks to the campaign

Villalobos asking ODLF to write checks from personal account of himself and wife for $2,500 each.  ODLF agrees to drop off the personal checks as well.

Exhibit 86:  check from ODLF 4/4/2011, $2,500 to exploratory committee for Villalobos

Exhibit 87 check from ODLF's wife for $2,500 to Villalobos exploratory committee

ODLF the campaign contributions, were from the money house case and not really for campaign.

ODLF met Villalobos in his office later and gave another $3,000.

ODLF some of his cases involved people from Mexico - this is to establish interstate commerce - Androphy is objecting to keep this out.  His client was in Mexico so this establishes interstate commerce - an element in the case

ODLF says Villalobos office door would be closed because they would discuss cases and sometimes make payments

ODLF client Hervery Roel - this will be the second time current ADA Korina Barraza's name will be related to a case.  Her name was mentioned as being involved in the Amit Livingston deal.  Her name has not come up yet but it is listed among the documents related to Hervery Roel filed with the court

On ADA Korina Barraza we do not yet know why her name including a letter comes up so many times in the exhibit list.  She may end up coming out a hero in this case - we still do not know why her name is mentioned so many times in the exhibits

Roel has a long history of criminal cases.  Looking at a case of assault with a deadly weapon - shooting someone in the butt.  He got 10 years deferred adjudication.  His probation was terminated early.

 Villalobos agreed to an early dismissal of his probation.  Again Maria de Ford listed as ADA

A new charge Hervery Roel - family violence case.  Indictment shows - aggravated assault. 

The jury is listening to a recorded statement about the assault from the victim.

The recording has a lot of static - for reasons I do not know they do not have an English transcript so everyone on the jury who does not understand Spanish are not getting any of this.

The purpose of this long recording is lost on me - the alleged assault has been established

ODLF - the aggravated assault involved sissors and broken nose - two separate instances - The Complaint filed against Hervery Roel talks about pushing only - an indictment shows he allegedly stabbed a Jessica Carios with sissors. 

ODLF says he met with Villalobos about the case.  ODLF was looking for probation for his client and met with Villalobos in his office

During the visit Villalobos would always have the case files.  Villalobos looked at Hervery Roel's case.  Every so often money would exchange hands - always in cash.  ODLF says he gave cash to get access to Villalobos and favorable treatment.

Villalobos never turned down the cash.

Exhibit #98 - Notice to introduce Roel's previous criminal history which could be used during sentencing.

Looking at incident report with Jessica Carios and Hervery Roel.  He chased her and said he would kill her and then head to Matomoros.  He stabbed her with sissors.  Her son noted she was bleeding. 

ODLF met with Villalobos and  the felony cases would be reduced to misdemeanor cases and Roel would be placed on probation.

Exhibit 127 - pending ruling from Judge Hanen on issues of hearsay and double hearsay

Objection sustain exhibit will not be allowed in

July 8, 2010, Hervery Roel referenced in notes - Joe Lopez part of note - Joe wants victim's input on if misdemeanor assault okay.

Docment shows Villalobos actions on files after discussing them with attorneys.

The discussion is Hervery Roel - ODLF is his attorney -

The DOJ lawyer is not fully explaining the documents or what the jury should be looking for - it is getting confusing

EXHIBIT - DA seeks to Amended Indictment

Exhibit 111 - plea form for a misdemeanor case.  these are the cases reduced to misdemeanors - they are going through the various cases which were reduced. 

Document shows to reduce from felony to misdemeanor per Villalobos

CASE OF DANIEL JUAREZ

Charged family assault with prior criminal history.

His has a long history of arrests.

Looking at case report involving family violence  - strangulation

Looking at another case report - shows committing crime - burglary of a habitation

ODLF met with Villalobos in his office about Daniel Juarez and getting him out of jail.  Daniel Juarez file was there - the Traffic Log which shows Villalobos work on the file

Villalobos asks Joe Lopez to get victim to agree to misdemeanor probation

Case okayed for misdemeanor charge

Memo from Joe Lopez to Armando Villalobos - victim stated she wanted to go forward with case - victim also wants protective order and wants to be kept informed.

Villalobos traffic logs show he spproved change to misdemeanor - says to call ODLF when ready

DOJ Wynne is going through the long list of criminal charges against Juarez, and results in the cases.

WHILE STILL ON BREAK - REMEMBER THE DEFENSE GETS TO CROSS ODLF AND THE FEEL FOR THE EVIDENCE MAY CHANGE - WE HAVE YET TO HEAR THE OTHER SIDE

ODLF BACK ON STAND

Client Jose de Leon

2010 case- assault against public servant -  he was here illegally - he evaded arrest - they are showing the video of the chase and arrest. According to ODLF his client while fleeing was endangering school children. 

An ICE hold (immigration detainer) was filed against Jose de Leon

ODLF says the ICE hold meant he could not be released.  Villalobos became the main prosecutor before the case got formally filed.  ODLF spoke to Villalobos about pretrial diversion.  He was trying to avoid deportation.  Villalobos gave Jose De Leon pretrial diversion.

The initial charges were reduced to evading arrest - state jail felony. 

Pretrial Diversion form for Jose De Leon

Fax from Villalobos office

Criteria for PTD Program

Ineligible - previous arrests other than class "C" Based on 2007 arrest De Leon did not qualify for pre trial diversion.  De Leon also endangered public servants a second basis for being ineligible.

ODLF says he got the deal because he had paid Villalobos money for these type cases.  Cases which required Villalobos attention

Conditions attached to pretrial diversion - ODLF got Villalobos to remove some of those conditions.

ODLF removal of  conditions were tied to his payments to Villalobos - the money he had been paying Villalobos gave him access.

[side note - how is this different than congressman giving special access to lobbyist who donate to the campaigns- the law has so many double standard - I am not defending anyone - just asking a critical thinking question]

Delfonso Perez case

Indecency with a child 2nd degree

Another charge of possession of cocaine

ODLF represented him on the cocaine possession case wherein he got probation

ODLF now represents him on a Motion to Revoke

The allegations he forced a female jogger to run into a danger of car while he was chasing her -

Charge Deadly Conduct

This charged formed a basis to revoke is probation.  ODLF discussed this matter with Villalobos in his office.  They met about some defenses.  Villalobos had his investigator check out the alleged defenses. 

Villalobos instructs Joe Lopez to meet with witnesses and check other evidence to show it could not have been Delfonso Perez was not the person who committed the act.  Joe Lopez verified Delfonso Perez was at a restaurant and also a video which showed Perez purchasing tickets at the time of the incident. 

The video does not show Perez in support of his alibi. 

His son Delfonso Perez Jr, signed a statement as being the person who actually was driving the truck and acting out against girl.  This was only an unsworn statement.  ODLF was concerned an affidavit would open the  door the a perjury charge.

The DA's office filed the motion to revoke probation.  But then withdrew it after ODLF respoke with Villalobos.  The DA then filed a Motion to Dismiss the Deadly Conduct charge. 

ODLF again restates the money paid to Villalobos gave him this acccess

Client Enrique Calvillo Jr.

Priors included DWI 3rd, possession of a controlled substance, evading arrest,  

Felony Charge for Felony DWI - more than 2 becomes a felony case - ODLF discussed the matter with Villalobos and got the DWI case dismissed.  The assigned DA was Jonathan Gracia.   ODLF went to ADA Gracia and was unable to get what he wanted.  He went to Villalobos for the deal and got it.

[my note - Ben Neece converted Juan Montoya's 3rd DWI to a misdemeanor with no consequences from the city attorney, city manager, or city commission.  In fact his contract with the city as a municipal judge was renewed in January. Why?  Because this is how it is done.  Once you are protected by the powers that be at city hall criminal conduct becomes a birth righ.  The commission for judicial conduct did reprimand him for helping Juan Montoya with a related matter while using his judicial office]

Client Roberto Garcia

He was on felony probation. He had failed to report for probation. 

Another felony DWI 2 or more priors. 

The state filed a motion to revoke probation.  If probation is revoked he is sent to prison.  ODLF met with Villalobos in his office.  Villalobos had the file.  Villalobos put into a file note to agree to pull motion to revoke - they agreed to allow for probation.  Garcia was receiving cancer  treatment in Mexico and this was the alleged reason he had failed to report.

ODLF again - the money gave him access to Villalobos to get the results he wanted for his clients.

Cesar Mendez was the probation officer.  He sent a memo to Judge Euresti on the probation.  Mendez reported Garcia has performed poorly and has not reported. He failed on a host of issues.

It was believed Garcia was in Mexico. 

The probation officer opposed the Motion to Revoke being withdrawn.  The Motion was revoked which allowed Mr. Garcia to be able to come back to the US

Again ODLF says the money he gave Villalobos gave him access for these type deals

Another Client Ramiro Garcia

ODLF made himself the personal surety on the bond which made ODLF liable for the bond.  Mr. Garcia failed to appear.  Document shows Villalobos met with ODLF.

Villalobos agreed to settle the bond for 50% - I am confused over the numbers.  ODLF for all bonds paid a total of $1,250.00

ODLF and Villalobos met in Villalobos on a $42,000 bond -   - that bond collection was never filed.

Client John McWhorter

Villalobos agreed to have the case filed in municipal court instead of county court. Non-binding PTD

Non-Binding PTD means the defendant does not have to promise to plead guilty if he fails the conditions of the PTD -  in a binding PTD you have to plead guilty.

Only Villalobos could agree to a non-binding pretrial diversion

Again ODLF money  got the privilege of meeting with Villalobs

Client Erica Ramos

Three bonds of $5,000 each for $15,000 total - ODLF signed as the surity

ODLF spoke to Villalobos and his liable was reduced to 10%.- so ODLF only paid $1,500

Memo has Villalobos saying to postpone looking for Ramos in Colorado

Again the previous cash payments allowed for this type access to Villalobos and deals

2010 DOJ TARGET LETTERS

Sometimes DOJ sends out target letters to people they are investigating.  ODLF spoke about the letters with Villalobos and Villalobos claimed prosecutorial discretion as his defense.

DOJ Wynne is writing a list of all the cases he just went over along with the charges and results.


DOJ Wynne passed the witness.

Androphy to start cross examination

Court in recess until 8:30 a.m.




















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