Monday, August 26, 2013

 
SONIA SOLIS GETS PUBLIC
DEFENDER FOR ARRAIGNMENT

From the court docket:

"NOTICE OF ATTORNEY APPEARANCE Reynaldo S Cantu, Jr appearing for AFPD as to Sonia Leticia Solis, filed.(Cantu, Reynaldo)"

Now, she is free to show up with her own attorney to replace the Public Defender. I cannot imagine her handlers allowing her to go it alone. Who shows up in court is what is going to make this hearing interesting, and not the hearing itself.

United States Magistrate Judge Ronald G. Morgan has banned all tweeting and blogging by anyone - period,.  Pads and pens only.  There is a debate among federal judges about whether any form of live coverage violates the rights of criminal defendants.  As a Magistrate Judge  it is not unusual for him to play it safe. 

This is not an issue of blogger versus official press.  The Supreme Court has made clear the public and press are equals when it comes to access in the courtroom.

"Though the public acquires information about trials chiefly through the press and electronic media, the press is not imbued with any special right of access. Rather, the media possesses "the same right of access as the public . . . so that they may report what people in attendance have seen and heard" ( Richmond Newspapers, 448 US at 573"

12 comments:

Anonymous said...

Rey Cantu Jr. is this the son of former DA Rey Cantu? Rey Cantu what a DA he was. Nothing changes, just that the kids are taking over.

Trey Garza said...

Rey Cantu, now a Federal Public Defender, is a former District Attorney of Cameron County.

He is a fine attorney and knows our federal Courts well. He is respected at the Brownsville Federal Courthouse. This Defendant would be wise to keep Rey Cantu as her attorney.

As for the Magistrate Court not wanting blogging during Magistrate proceedings, this is not an issue you will win. Most proceedings heard by the Magistrate Courts during felony cases are related to initial matters involving bail, arraignment, and discovery motions. The Magistrates rarely preside over hearings relating to the suppression or exclusion of evidence, or pre-trial hearings where evidence is presented and evaluated by the Court before trial to determine if it will be admissible.

I understand your position regarding freedom of press, but denying real time blogging does not prevent you, or any other member of the press, from sitting in the Magistrate Court, and then blogging about what you saw at a later time.

I have dealt with these issues in the past. As long as the public and the press have access to the courtroom, then there is no violation of freedom of the press. The Judiciary retains the power to determine what types of equipment can be brought into the courtroom. Computers, cameras and telephones are not constitutionally protected devices. Many of the concerns of the Judiciary have to do with maintaining order and security inside their courtrooms. God forbid the wrong person with a camera walks into the courthouse and takes pictures of persons who are undercover agents, law enforcement officials or cooperating witnesses. The results could be catastrophic. I see nothing wrong with the judiciary being very cautious about the types of equipment that can be brought into the courtroom.

BobbyWC said...

You will note in my post Trey, I went out of my way to note as a magistrate judge it is best to play it safe - I sort of came to his defense.

I also noted the hearing itself would be uneventful except who may show up.

On the concerns about security - in the federal court house there are none

As you very well know the check going into the federal courthouse can and sometimes includes taking off your shoes.

The US Marshals are in the courtroom - Judge Hanen made clear to all of us no cell phones and no pictures - so they have 100% control over all of those concerns - so to a concern in federal court they are bogus.

I did file an Administative Appeal with Chief Judge Hinojosa and Chief Justice Roberts - my issue was - they need to look at this issue and set standards

Really, what security issue is there in allowing a reporter to type their notes instead of writing them by hand? -

I went out of my way in the appeal to defend Magistrate Judge Morgan as a pleasure to watch.

We cannot have a situation wherein the press in China has more freedoms than we do -

The right of the courts to control the press is not absolute and I briefed this in my appeal.

They must have some basis for their decision. Most people would be surprised that I oppose TVs in the courtroom - it changes how people act.

But allowing for live reporting brings zero injury to the court or process - the very fact that just minutes later the same report can post the same information to the internet makes the policy a policy 100% a without a rational purpose.

In my request to Chief Judge Hinojosa and Chief Justice Roberts I made clear I was not asking anyone to overrule Judge Morgan -

I am simply asking that the issue be addressed in one of their panels concerning rules or judicial reform and that national standards be set.

I was very clear I have zero issues with Judge Morgan and I did not want him overruled. I simply want national standards set so all judges are working under the same rules.

I was very protective of Judge Morgan because he is a good judge.

As to Cantu - I agree she needs to stay with him - but - then she may have to deal and any deal could cost her son her job.

I bet her handlers will make sure she keeps quiet - unless the FBI can prove the case without her help.

We saw how Masso jumped into Ozuna's case - I was there - her plea was 100% coerced and Judge Janet Leal was party to same - I hope the DOJ works on getting the deal reopened and goes after Masso and Leal for being willfully party to a coerced plea to protect those who Ozuna helped. This is not lost on the FBI, they were in the courtrrom when Leal refused to even take the bench and from her chambers allowed masso to drive Ozuna over to the jail for processing.

Bobby WC

Anonymous said...

They probably have enough on her without her cooperation.i do believe Masso is being targeted. He too will be used against Ernie.Just my two cents.

BobbyWC said...

I can find no one who can tie Ernie to Sonia - but Masso is in the middle of this and so too is Judge Janet Leal - she helped Masso coerce Ozuna into a plea - the FBI was present at least at the first hearing - they were shocked by how she conducted court - apparently the ties between Masso and Leal have been made - the question is will they get Ozuna to cooperate?

Now Ozuna clearly worked for Ernie, but that does not mean he approved her conduct

Saenz has declared war on everyone - he seems to be in a free fall meltdown of retaliation.

bobby wc

Anonymous said...

Masso is a target this is a fact. The Feds did not want him to become DA. Remember Operation Bishop has been in play for almost two years. Masso's nephew Rick was a big time player in the 8 liner business.The Feds know this and are the ones who wanted Saenz to run against him they were not able to move on this during Villalobos watch and know it would be worse under Masso .Saenz knows he is walking on thin ice . He just wants to save his own butt .He won't be able to,though. The Feds will start turning on him ,soon enough . They will use him and spit him out then use Villalobos against him .They will also use Masso against Ernie and Gilberto and Judge Leal in addition to Villalobos ..Ozuna will come into play soon enough.You will have much to blog about.

BobbyWC said...

The FBI know Judge Janel Leal helped Masso force the plea from Ozuna - no competent judge would have accepted the plea. It was a joke watching the process - Ozuna was walking out of the courtroom when Leal allowed Masso to go get her and force her into a confession - Leal should be prosecuted under 18 USC 242 for her part

I can only hope the FBI is smart enough to offer complete immunity to Ozuna to get her to speak - they will have to offer to get rid of her state conviction.

I am certain Janet Leal is not happy with what is happening

Bobby WC

Anonymous said...

The FBI knows a lot.Masso will be given up by a couple people. This is already in motion.He will give up Judge Leal and more.In the end ,Saenz,Masso ,and Villalobos, will be a dream team of snitches for the Feds..They will give up Gilberto,Ernie,the Judges,,the Sheriff,the Magistrate,Aurora,and more...Interesting times.

BobbyWC said...

Right now the State court house is abuzz with every claim under the sun - so as to each of these players you mention it is anyone's guess - here is the deal - the FBI only has 6 bullets - the players know that - so everyone is playing a little game of pointing fingers to make sure one of the 6 bullets goes against someone else and not them

Bobby WC

Anonymous said...

. You are right about the finger pointing.They would be wise to remember Oscar De La Fuente's deal.

Anonymous said...

Please elaborate on the 6 bullets. I don't understand. Is that in jest?

BobbyWC said...

How many times in a movie have you seen the captives say - "you cannot kill all of us because we are 12 and you only have 6 bullets so you are going to die one way or the other."

Bobby WC