Thursday, November 21, 2013


A lot of what I know about the law came to me by old guard judges who remember the days when lawyers were still lawyers. Clinical experience will always be more valuable than what you read in a book. I always tell my doctor - who is an amazing clinical practitioner btw - "my body did not read the medical books."

SIDE NOTE:  This last caudal I had in my lower spine, while painful as hell - ended all the pain.  I am swimming every day again and will be back at the gym this weekend.  I feel like a million bucks.  I will be back on the treadmill tonight.  For me exercise is the ultimate high.

I spent far too much time at the courthouse yesterday.  Everyone wanted to know what I knew about the grand jury proceedings.  I told everyone the same thing - "nothing - they are secret.  But one person who has been in the grand jury room in other cases reminded me that a truly independent grand jury will order the DA to bring people before the grand jury the DA knows will not bode well for the DA's argument.  This may explain how Juan Gonzales, A.R. Flores, and Cris Valadez were called before the grand jury.  The grand jury may recognize they are being played by Saenz and wanted to get to the truth inspite of Saenz.

I have done a lot of grand jury work.  The first thing I would do in every case is send a letter to the grand jury to notify them I am counsel for the target and would like to address the grand jury.  Any competent attorney would do this.  The DA cannot prevent the letter from going to the grand jury.

In one case when I believe the grand jury was being corrupted by the DA, I went to the presiding judge over the grand jury and got a hearing on the matter.  Why Ed Cyg has not done this is beyond me.

This is where I am concerned local loyalties are denying Ernie Hernandez a fair hearing before the grand jury.  To a person I spoke with told me Ed Cyg has a loyalty to DA Saenz.  It is not a question of intentionally throwing Ernie Hernandez under the bus, it is a question of not wanting to cause your friend problems.  This is why in highly political cases like this, YOU NEVER HIRE LOCAL COUNSEL.  Ed Cyg relies on Saenz for good plea deals for his clients.  Ed has to think about all of his clients and not just one.

Ernie Hernandez would do well to immediately hire outside counsel.  Yesterday Ed Cyg should have been before Judge Janel Leal, who is presiding over this grand jury, demanding an emergency hearing asking for a stay pending a ruling from Justice Hinojosa on the perjury issue.  She would have granted a stay before the grand jury pending a ruling from Justice Hinojosa.

Ed Cyg certainly knows the rules.  He along with Trey Garza III just won the Manuel Velez case which included evidence an expert hired by DA Saenz as the special prosecutor lied to the jury, or at least mislead them.  In this case, Ed Cyg had the ACLU watching his actions so he had no choice but to take down Saenz on this one.

Ed Cyg's failure to go to Judge Leal yesterday raises serious concerns in my mind about his competence.  It is not just going to Judge Janet Leal - he can put before the grand jury the issue of perjury being put before Justice Hinojosa along with documentation and ask they take no action before Justice Hinojosa rules.

Depending on the ruling from Justice Hinojosa, Ed Cyg can get Judge Janel Leal to disqualify DA Saenz's office from the Ernie Hernandez case.

I am sitting here watching this play out and am asking myself - who does Ed represent - Ernie Hernandez or Luis Saenz?  It is an appearance issue based on Ed Cyg's failure to act.  This is why you never hire local counsel in highly charged political cases.


Anonymous said...

My sister works for a rather large legal firm in Houston and she said the corruption in the legal system and politics of
Cameron County is well known
throughout the state of Texas.

Anonymous said...

It's a shame that all of the local lawyers are scared to do the right thing because they are scared of reprisals from ANY DA's office. It's just another day in Cameron County.
Did Saenz know the witness in the Velez case was lying? That is the million dollar question. How sad it is to live in a community where you can't find effective local counsel.

Anonymous said...

Reminder that tomorrow, the 22nd, is sentencing day for "Playboy" Rosenthal.

Anonymous said...

Unfortunately lot's of people don't get justice because they can't afford and don't know of good legal representation outside of Cameron County.
Rosenthal sentencing should be very interesting.