Tuesday, May 14, 2013

 
DAY THREE MORNING SESSION
IN VILLALOBOS TRIAL

The trial starts at 10 a.m. on Wednesday.  The first witness will be Oscar de la Fuente.  He has admitted to wrongdoing but has been given a pass.  Androphy will use this to impeach his credibility.  It should be interesting.  Hopefully tapes will tell the story so it will not be a he said she said sort of thing.

Someone asked me why I use a professional picture of Villalobos instead of one of the less than favorable photos.  This young man's freedom is on the line.  I respect our laws.  He is innocent at this time. Maybe in 2 weeks a jury will think differently or not.  I hate when so called journalist -  this includes all the major papers - use pictures to put a person in a bad light.  It is an unethical policy.  What I think of Villalobos is meaningless.  His freedom is on the line and I  will  defend his innocence at this point during the trial until a jury says otherwise. 

This is not the time for me to weigh the evidence.  It is a different matter when exposing corruption.  Then, even photoshop for social media is acceptable - so long as your facts are verified.  But when some one's freedom is on the line you must be more attentive to justice.

I AM IN THE COURT - SESSION TO START AT 10 A.M., THERE MAY BE  ISSUES FOR THE COURT TO RESOLVE BEFORE OSCAR DE LA FUENTE IS CALLED TO THE STAND

JUDGE HANEN HAS TAKEN THE BENCH

DOJ Wynne wants to put up pictures of de la Fuente's clients to help the jury follow who is who to avoid confusion.  Androphy opposes the use of the pictures.  Judge Hanen says the pictures can be demonstrative, but not put into evidence per se.

They are discussing possible special jury instructions concerning a matter which may come up this morning.  It seems they want to instruct the jury on the meaning of ex parte communication (speaking with the judge without the other side there)

OSCAR DE LA FUENTE

Judicial Instruction:  campaign contributions are legal even when a case is pending before the judge - but if the judge requests campaign contributions  in exchange in return for official acts - the prosecution must prove the latter by beyond a reasonable doubt.

Judge Hanen is now explaining ex parte communications and  the professional consequences for both attorneys and judges. 

At the end of the trial the jury will get a more detailed jury instruction at the end of the trial.

OSCAR DE LA FUENTE

Lives in San Benito, has been practicing law since 1987.  He went to law school at UT.  He first worked for the GAO and then left in 1989, to return to the Valley.  He has known Villalobos since they were kids. 

They lost contact but reestablished contact when Villalobos returned to the Valley.  Oscar de la Fuente ODLF has interacted with Villalobos while he was a DA.

ODLF says Villalobos understands Spanish but does not know he if speaks it.  ODLF saw Villalobos responding to people who were speaking to him in Spanish.

ODLF first met Limas in 1991, and they formed a partnership.  Prior to Limas becoming a judge they ended the partnership - in about 1995 ODLF became partners with Jim Solis.

ODLF handled mostly criminal cases in Limas court.  He practice in various courts based on who hired him. 

Amit Livingston -  ODLF believes Livingston was charged with murder and it was in Judge Limas' court.  ODLF also knows of the civil lawsuit.  Androphy keeps on objecting and getting overruled on hearsay. 

DOJ Wynne is getting frustrated with all of the objections - here is the point - it is all already in evidence as facts - so what is the point of the objections?

ODLF- a motion to surpress the evience on the gun in the Livingston case was filed.  ODLF spoke to Villalobos and Villalobos told ODLF to discuss the issue with Judge Limas.  ODLF spoke with Judge Limas and told him to tell Villalobos to not worry about it.

Villalobos also met with ODLF to help look for a civil attorney to represent the children to recover the $500,00 bond.  They also discussed the contingency fee contract.  (this means getting a % instead of an hourly rate)

ODLF said Villalobos wanted a 40% fee, but ODLF told Villalobos that in the case of children courts tend to limit the fee to 30%.  ODLF also noted the court could appoint an ad litem and the ad litem would only get $10,000

ODLF refused the case because he felt the court would have just ordered the $500,000 paid to the children as restitution without  a civil lawsuit and that the children should get the entire $500,000.

Androphy is trying to keep out of evidence that Villalobos and Eddie Lucio  were partners in Dallas.  The judge let it in.

ODLF and Villalobos talked about the settlement of the case in Villalobos' office.  ODLF says Villalobos told him they had to sentence Livingston on the day he plead guilty.  Villalobos allegedly said they had to sentence Livingston without a PSI so they could free up the money for the children and "we good get the funds."  We was based on an understanding of ODLF to be Eddie Lucio and Villalobos.  He bases this on his previous conversation with Villalobos trying to get ODLF to take the case.

ODLF had one other conversation after Limas after the election was lost - Eddie Lucio, Villalobos, LImas and ODLF were there - they wre talking about the election wherein Judge Limas lost.  The subject matter was why Limas lost the election.  The conclusion was the Lvingston case cost him the election. 

Androphy is doingh his best to keep this out - he is winning some and losing some.

Tape - Meme Longorai and ODLF 

Longoria seems to be claiming Mando is aware of the bribes and in fact calling Limas a glutten for wanting more mony.

Armando is allegedly laughing that Limas is demanding money from ODLF and he is not giving it.

ODLF began talking to the FBI after hiring Eddie Medrano to speak for him to the FBI - this was based on a suspicion he was a target.  Her initiated contact to learn if he was being investigated. 

He then met in the FBI office - ODLF was concerned Oscar Ponce(DOJ lawyer)  being present at the meeting.  Ponce was friends with a Angel Castro who ODLF had information on.  ODLF wanted to discuss issues related to Castro - but Ponce was in the room. 

Angel Castro was a prosecutor.  Castro asked ODLF to have Judge Cordova to dismiss a speeding a ticket for a friend.  Castro also asked ODLF a School District Trustee at the time to help a Castro family member get a job.  No money every changed hands.

Castro offered to give ODLF 5k (not money ???)  without ODLF asking for them.  

ODLF understood the FBI had tapes with him giving Limas money.  Also an issue about a drug truck they were trying to get to the Valley. 

Based on ad litem appointments by Limas ODLF he paid Limas $8,00 plus more or less.

ODLF offered a proffer (means cannot be used against ODLF) After the initial information meeting ODLF went in to give full disclosure.  He did enter into an agreement on non prosecution.  He lost his federal license for 3 years.

Juliio Villarreal - a client drug charges half brother to Pepe Villarreal

Pepe Villarreal murder charge on son in law.  Villalobos was the prosecutor.  Bernard Amberman was the court prosecutor assigned to the case.

They are now discussing civil actions for forfeiture actions.  Anyone who wants the money  can file a claim for the money - the DA files the forfeiture actions.

There was a case involving a tractor trailor. 

David Gonzales III (now a judge on county court at law 3) was the lawyer on the case working for Villalobos - he represented a Richard Chavez and Julio Villarreal to get the truck back - ODLF was only representing Chavez actually but Villarreal owned the truck

A Mr. Sanchez was also represented by Eddie Lucio but not claiming an interest in the proceeds.

Reasons for seizure was money and truck were drug proceeds.

ODLF discussed with Villalobos about getting the truck back for his client Jose Villarreal.  Villarreal did not want the money, the truck.  Villalobos told ODLF there "would money to be had "if he represented the passenger in the truck.  Villalobos also discussed how much money would be paid to the passenger and Mr Sanchez - each would get $50,000 - Sanchez (the driver) was represented by Eddie Lucio.

$901,000 was the amount of money seized.  ODLF did no substantive work on the case - the money to be paid was $42,000 instead of $50,000, but that Villarreal would get his truck back.


The final agreement was signed by Alfredo Padilla, ODLF and Eddie Lucio.  ODLF never discussed the case with Padilla - he only discussed the matter with Villalobos

ODLF got a check for $42,000 from the State of Texas County of Cameron. Eddie Lucio also got a check for $42,000. 

Deposit slip with Lucio's name on it.and an account number - same number as put on the check when Lucio made the deposit. 

ODLF gave no money to the passenger - ODLF kept the money and gave Villalobos a kick back on the moneyODLF and Villalobos met at Stelletos (Phar) and ODLF gave Villalobos $3,000 while in the parking lot.  They hen got together in a private room at Stelettos.

On the same day as a phone call between Villalobos and Eddie Lucio Lucio withdrew $3,000 from his account (assuming the Dallas number was in fact Lucios's Dallas cell phone)  DOJ did a terrible job in making the connection - not clear to the jury at allow

THE MONEY HOUSE CASE FORFEITURE

5/20/2010 filed

Julio Villarreal family had an interest in the house.  May 7th 2010, is when the house was actually seized.

ADA Estevan Soto filed the action for Villalobos.  the case involved about $500,000. 

May 8, 2010, the next day - phone log - Villalobos called ODLF.  ODLF was already representing Julio Villarreal.  Adela and Alma Villarreal were represented by ODLF.  He filed answers for Adela and Alma Villarreal to avoid default judgments.  After the case settled ODLF got  documents authorizing him to settle the case.  He asked Meme Longoria to get the signatures for him.  ODLF did not trust the signatures but took it at face value.

Villalobos want ODLF to get a portion of the proceeds.  Villalobos asked that he get Julio Villarreal to settle the case.  ODLF agrees he had no legal authority to file answers for Adela and Vela Villarreal.   Without an answer the money would have been forfeited to the state.

Villalobos was insistent that ODLF visit Julio Villarreal in federal prison in Beaumont,  Villalobos made the arraignments for ODLF to go see Julio Villarreal in Beaumont. (again all of this is alleged - it is for  the jury to decide who they believe)

Text Messages from Villalobos phone to ODLF - to provide a ticket or a car to get to Beaumont.  ODLF to Villalobos says maybe next week he will go to Beaumont. 

Incoming from Villalobos - offering the state can arrange a meeting so they ODLF can debrief Julio - this is not normal procedure. 

Villalobos asked Joe Lopez to work on the matter iin setting up the meeting.

Villalobos sent a Text saying he needed to close out this case for new computers for the office.

Villalobos offers $2,000 in travel expenses to ODLF  - paid by Cameron county.  He would let Bee know (????)

The original plan to be there was Villarreal - Tracy Franklin ADA was also to go, but ODLF did not want her there to distract him. 

Villalobos asking if he is driving up and says Tracy insists on going-  ODLF is concerned his wife will not be happy with Tracy going with him.

A lot of texts back and forth discussing the trip and providing cover for where they were.

ODLF did go to Beaumont - stayed at hotel Derek in Houston near the Galleria - Villalobos suggested the  Hotel - receipt March 1, 2011.  charge $221.13 for ODLF and Tracy Franklin

Tracy Franklin showed her ADA ID at the prison - no questions asked and they entered - she was not present when ODLF spoke with Villarreal.

Houise went back to the family, ODLF was paid $97,000 - he advanced Villalobos $2,000 for a trip trip to Washington. 

Final Judgment   the state would get $400,000 plus - ODLF got $97,000 and gave Villarreal $15,000 to pay his federal fine.  The other persons in the petition got nothing and never told about the settlement.

Villalobos to ODLF  - Ruben Pena was special prosecutor in Villarreal murder case - they are talking dismissal.

March 31, 2011, FBI arrested Meme Longoria - text yes Abel Limas and others too.

Ruben Pena was a special prosecutor but not an employee of the DA's office.  Special prosecutor paid from DA funds.  Special prosecutor is hired when their is a conflict of interest with the sitting district attorney.  ODLF says no conflict of the Pepe Villarreal case.

ODLF said that if he was going to dismiss the case he wanted a Special Prosecutor to do it so he Villalobos did not get blamed.

(side bar by me) Ernie Hernandez does not sound so bad at this moment - Again I remind people all of this is alleged only.

March 10, 2011, fax pertains to a case ODLF was working. 

Fax from DA;s office (State's Motion to Appoint an Attorney Pro Tem in Pepe Villarral murder case.

This is the special prosecutor motion.  Maria de Ford signed the motion,  Korina Galvan is Villalobos secretary. 

In the motion on 3/10/11 at 8:14 pm the motion was faxed from Korina Galvan. 

On March 15, 2011, the final judgment in the Julio forfeiture case was signed

DISMISSAL OF (JOSE) PEPE VILLARREAL's MURDER CASE

We are looking at the order of dismissal of the murder case.  The Order comes from the court - 357th District Court.

LUNCH BREAK






















5 comments:

Anonymous said...

I agree, he is innocent, until proven guilty.

BobbyWC said...

I need one more new reader to break yesterday's major record readership.

Something about faith. My long term readers know that had I been able to convert to being a catholic I would have studied to be a Jesuit priest - in my view they live the words of Joshua (aka Jesus). I just could not find the faith in the catholic church.

This is what I know - tomorrow morning I could wake up homeless and hungry and I would be okay with that - why? - true faith means God has his reasons. This is why money means so little to me. I do not need money to know God will place me where he wants me.

People who pray to god for this that or the other thing have no faith. God is omniscient - he knows what you need - it is your lack of faith in him that has you praying for things.

All I know is Brownsville needs to know the courtroom experience in the Villalobos case. Screw the money - last night I won $48 at bingo - tonight $7 with mega million - a penny at a time God will help me get the money I need. if not then I do not need it.

I cannot explain the liberation I get from my faith. I accept my lot in life. Every part of who I am is a part of God - he wants me this way for a reason.

A young lady I know who just went on SSI told me she does not want it - she wants me to help her get her GED so she can get a job -

It's simple I will help her get her GED and off of SSI.

It is never a question of do I have the time. God will find the time for me - I just have to do it.

Someone asked my why I am giving so much time to this project.

I said because my heart tells me I must. Hopefully other bloggers will do the same in the future.

People who know me get me - people who know me from afar do not get me - I am simple - I try and listen to god's guidance. I do not always get it right - but I try my best.

Bobby WC

Anonymous said...

So true. Our maker surely knows our needs and wishes and bestows upon us our blessings;but I also believe that prayer wirh heart ,soul and faith can override our destiny and/ or luck.

Anonymous said...

A drug truck? Wtf? We have all heard about the bribes and favors but this.... Can you please elaborate?

Anonymous said...

Great job Bobby - really appreciate your efforts in getting this to us. Be sure to take care of yourself! Once again, awesome job and thanks for providing this great source of info on the trial!