Wednesday, August 7, 2013

 
SONNY PEDRAZA ACQUITTED ON ALL CHARGES

"It is a very dangerous system for all of our law enforcement officers if an unethical Internal Affairs department can use the DA's office to aid in their own cover-ups and retaliation."

Source the BV

BUT FIRST - ONCE AGAIN THE HERALD PROVES IT HAS NO EDITOR ON HAND OR ANYONE AT THE PAPER WITH ANY KNOWLEDGE OF THE LAW OR COURTS

"Defense attorney Nat C. Perez, however, said Chew made a directive judgment after the state rested because it didn’t meet the burden of proof."

Source:  The Herald

There is no such thing as a directive judgment.  It is called a directed verdict.  The Herald's refusal to hire anyone with an ounce of knowledge of the courts or the law speaks to its lack of interest in facts or getting the story right.

What follows is the BV's original post on the case.  Nat Perez believed in his client and did a great job.  My hats off to Nat Perez.  I hope he and his client demand a formal FBI investigation into the Brownsville PD office of internal affairs.

Luis Saenz should have dropped this case.  He has now sent a clear message to all police officers in Cameron county.  He will prosecute bogus cases against police officers to garner favor from the top officials in the various police departs.

The damage Luis Saenz did to his office in this case may be irreparable.

The BV's original post

"SONNY PEDRAZAHere is where it begins.

"The indictment accuses Pedraza of one count of state jail felony tampering with a government record to defraud or harm.

Court records show that Pedraza is also facing one count of Class A misdemeanor official oppression."

http://www.valleycentral.com/news/story.aspx?id=876552

I have no idea who is the truth teller and who is lying. But officer Pedraza's problems began after he reported wrongdoing by a senior officer. An internal investigation showed the claims to be unsubstantiated.

In the criminal case the complainant has given two different stories as to her whereabouts when her home was trashed. This is the allegation of the defense. ADA Korina Barraza did not challenge the allegation.

Justice Chew told defense counsel Nat Perez he could renew his motion to quash the indictment during trial. Justice Chew first wanted to see if the state could meet its burden.

A big issue at Thursday's hearing was discovery. The DA's office had been less than forthcoming. Judge Chew granted the defense access to all of the documents they wanted.

ADA Korina Barraza claimed that the Internal Affairs Department of the BPD was concerned with releasing the defendant's statement. There was a time such a stupid argument would have been met with sanctions. A defendant is always entitled to their own statement. Justice Chew gave the defendant everything he was seeking. The fact of the matter was, Nat Perez already had his client's statements.

If Sonny Pedraza's claims of retaliation are true, the COB is in for a fight if he is found not guilty.

Assuming Korina Barraza told the truth and that the problem with release of the internal affairs report was coming from the BPD, then it is fair to say, the BPD Internal Affairs department is a joke and exists for the sole purpose of protecting a select few, which would then support Pedraza's claim the entire matter is retaliation for his reporting of wrongdoing by a senior officer.

I have no idea who is telling the truth. But in cases like this the DA should be concerned when their primary witness has told conflicting stories. It should form a basis for senior ADA's reviewing the evidence as a team to determine if the case should move forward.

It is a very dangerous system for all of our law enforcement officers if an unethical Internal Affairs department can use the DA's office to aid in their own cover-ups and retaliation.

Again I have no idea who is telling the truth - but when the victim has told two different stories about her whereabouts when her home was trashed, and Internal Affairs is claiming the defendant should not be given his statement, the case merits high level review. It undermines the dignity of the DA's office when they become a puppet for a less than ethical Internal Affairs Department of a police department.

If this case goes to trial and the DA loses, the damage could be irreparable. It could make it difficult for the DA's office to work with the rank and file of the Brownsville Police Department. A trial which the DA loses though, could result in a federal investigation of the BPD Internal Affairs Department. The latter could be a good thing for the police officers and the people of Brownsville, but a disaster for the city of Brownsville.

4 comments:

Anonymous said...

Did you hear the testimony against Saenz in the lucio trial today? Check out ept story

BobbyWC said...

what is ept - always best to include a link

Bobby WC

Anonymous said...

EPT = Emma Perez-Trevino

And it's Korina Barraza, not Barrera.

Mind the details, please. It unnecessarily clouds the importance of your posts.

BobbyWC said...

I immediately realized the EPT references which is how I found the Saenz article - on Barraza the the mistake is being fixed - and btw - I agree with how you phrased the problem and its impact on my story

Thanks

Bobby WC