Monday, November 25, 2013



INCARCERATING DISTRICT ATTORNEYS

Above, Michael Morton, second from left, and his legal team, left to right, Gerald Goldstein, John Raley, Barry Scheck and Nina Morrison

The Texas Innocence Project and ACLU are taking a new path in dealing with DA's who have corrupted the process - jail and disbarment.  In this case the former DA also lost his judgeship.

For Order against for DA Ken Anderson click

"A proceeding known as a "court of inquiry" will determine whether Judge Ken Anderson, when he was a district attorney, failed to turn over all documents that would have supported the defendant's claims of innocence and whether he tampered with evidence and court records, according to the order signed by Texas Supreme Court Chief Justice Wallace Jefferson.

Courts of inquiry can be convened when legal officials and other public servants are accused of wrongdoing, and have the power to hear evidence and summon witnesses. It is similar to a grand jury proceeding, but Anderson will have the chance to defend himself against evidence presented."

"Morton's legal team accuses Anderson, the case's lead prosecutor, of keeping key facts from the defense. That included statements from the couple's then-3-year-old son that he witnessed the murder and his father wasn't responsible, and the fact that Christine Morton's credit card was used after her death. The attorneys say Anderson did not turn over all evidence police had collected, even after presiding judge William Lott explicitly ordered him to do so."

Source CBSNews

This procedure is being reviewed in terms of Cameron County District Attorney Luis Saenz.  Click for statute

The time for DA Saenz and ADA Gus Garza to inform Justice Hinojosa of the perjury in the Raul Salazar case has long past.  It is not just the Raul Salazar case.

In the case of Manual Velez, the court granted a new trial based on effective assistance of counsel which included failure to challenge fabricated evidence.  This is the Raul Salazar case.  Judge Cornejo found no prosecutorial misconduct, but the reasoning is odd.  Cornejo Lopez seems to put the blame on the defense counsel for not doing a better job in discovering the abuses by the state.

Click for Cornejo-Lopez Opinion, upheld by the Court of Criminal Appeals

COST FOR HABEAS IN MANUEL VELEZ CASE - $63,864.  This is just the court appointed attorneys for the habeas before Judge Cornejo-Lopez.  It does not include the expert fees.  It does not include the 7 years of previous endless litigation and costs of experts and attorneys fees for the court appointed attorneys. It does not include the costs for the new trial, and if Velez is convicted the years of endless ligation which will follow because DA Saenz refuses to remove himself from the case.

I know of three cases which can be used to seek a Court of Inquiry against DA Saenz - Manuel Velez [in this case the ACLU is determined to take down DA Saenz], Raul Salazar, and Josefina Fisher.

I have no insight into what is happening in any of these three cases other than what I am hearing second hand.  I know the DA's office is in a free fall panic.  I know that Raul Salazar's case seems to be on hold with no one knowing what to do.  The clock is ticking and his attorney seems unwilling to act.  It is not complex.

All they have to do is subpoena the four County Commissioners and Judge Cascos to the hearing before Justice Hinojosa, along with a document subpoena for all related documents to the issue of reorganization of HR to include all documents reviewed in Executive Session.  The Executive Session documents will be reviewed by Justice Hinojosa in chambers with the attorneys.  This is where he will decide what gets into evidence and what does not.  However, even if he does not allow in a particular document, all of the commissioners and Judge Cascos will know Justice Hinojosa will know the truth so if they lie under oath, Justice Hinojosa will know. 


4 comments:

Anonymous said...

Wow! This is the first time I've heard of recourse against a DA. Everyone, including judges, like the one that gave a guy 30 days for raping a teen girl because she looked older; should beheld accountable.

Anonymous said...

Please look into this
Saenz is trying to pick part of the Texas occupations code 2153 regarding 8 liners and sweepstakes. He wants to have the county stop issuing permits for 8 liners and sweepstakes. He's placing it on the executive session on Dec 5. Does executive session mean not in public? Is it legal for him to pick parts of a Texas code that he wants exempt from permit issuance? What happens if he becomes hard core Jehovas witness? Can he pick juke boxes out of the code next because he doesn't want people dancing? This seems like an abuse of power! I've never heard of a county picking parts of a law they like or dislike and allowing or disallowing pieces. Shouldn't the county enforce ALL of 2153 or none of it?

BobbyWC said...

First Saenz has no control over Commissioners court - second right now I do not believe Commissioners court would give him the time of day. _ I really would need to see the item to have a better understanding of what you are saying

Bobby WC

Anonymous said...

This is typical abuse of public office that is rampant in Cameron County. This office would charge 2people that jaywalked together with conspiracy. I'm tired of elected officials wiping their asses with our constitution and bill of rights. I hope an inquiry is done in regards to this and our former DA's withholding evidence. How is Saenz any better than Villalobos if he doesn't respect the law? Why is he allowed to charge people with frivolous crimes? It's political axe grinding just like Villalobos. Saenz was Villalobos' "specia"prosecutor for 8 years. He learned from the best. It's sad Cameron County is continuously subjected to this kind of behavior.