Wednesday, November 13, 2013

 
 
ROBERTO CADRIEL
DEFINES RAUL SALAZAR CASE

Robert Cadriel, Ernie Hernandez's brother in law testified in a clear definitive tone to the following: Raul Salazar gave him the answers to the fourth test, and then he returned the test to Raul Salazar. The jury was shocked. Robert Lopez as a witness for the state was a disaster. I think the jury was already thinking not guilty, but then Robert Cadriel dropped his bomb shell.

To give the state the benefit of the doubt I will start my post with Robert Cadriel because his testimony really hurt the defense.  I will get to Robert Lopez later, who hurt the state.

But then there is the cross.  On cross examination Mr. Ramirez, counsel for Raul Salazar put into evidence that in January of this year Robert Cadriel told Investigator Rivera that it was in fact Robert Lopez who gave him the answers and it was Robert Lopez to whom he returned the test.

Then to my amazement Guz Garza opened the door to Robert Cadriel admitting he has bias against Ernie and Norma Hernandez.

For the Hernandez haters there is a lot more testimony after dinner - but then the Robert Lopez testimony which really hurt the state.

BEFORE I CONTINUE WITH CADRIEL - ERNIE HERNANDEZ FIRST

Like I said below, Montoya did not really bother to attend court so he does not know what really happened today.  He knew he was going to post a bunch of lies, so why bother with being in court anyway. 

Now before I get hit for being late tomorrow because I do not care  - I do have blood work at the VA at 8 a.m. - It could be 10 before I make it to court.  If I get lucky and am the first to have their blood drawn I can be in court by 8:45 a.m.

After lunch Justice Hinojosa called an emergency hearing to address the fact Ernie Hernandez explained to the Herald why he took the Fifth.  The original Herald article was deceptive and misleading.

Justice Hinojosa was not mad or angry.  He was 100% professional.  If anyone can smell dirty politics it is Justice Hinojosa.  He lost his reelection to the court of appeals because of a Willie Horton type ad.  He understood that Ernie Hernandez was hung out there appearing to be running from testifying without an explanation.  In his interview with the Herald he provided no testimony relevant to the case.  He assured Justice Hinojosa that he intends to continue to assert the Fifth and would no longer talk to the press during the course of the trial.

Ernie Hernandez then clarified that his attorney explained to him that the grand jury only took no action against him, which is what the BV reported months ago, and that in fact he was not no billed.  The difference is meaningless because you can still go back to the grand jury after a no bill, so effectively there is no difference.

 Ernie Hernandez and his attorney were then dismissed.

BACK TO ROBERTO CADRIEL

In addition to Guz Garza opening the door to Robert Cadriel testifying he does not get along with Ernie Hernandez or his sister Norma, he effectively tour up symbolically two blank sheets of paper which represented Robert Cadriel's statements to Investigator Rivera.  Guz Garza argued his own investigator's prepared statements were not trustworthy and therefore should be torn up.  Why?  Cadriel cannot read so he had no way to know if Rivera told the truth while summarizing Robert Cadriel's testimony.  In over 20 years of doing  this I have never seen a DA tell the jury - ignore my investigator his work is not trustworthy.

The Cadriel testimony started very strong and was one bomb shell after another, but after cross and then Guz Garza basically telling to jury to not trust the work of his investigator wherein his investigator wrote it was Robert Lopez who gave Cadriel the answers to the tests and not Raul Salazar, the bomb shell became a wimp.  I think the jury will just ignore the Cadriel testimony if the other witnesses verify Robert Lopez lied under oath, which is what the defense is promising.  If they fail at proving Robert Lopez is a liar, Raul Salazar will be convicted.

THE TESTIMONY

Whether or not Robert Cadriel suffered some type brain damage due to a near drowning - if you drown you die so obviously he did not drown - is in question.  Defense counsel raised the question that Robert Cadriel is mistaken as to what happened.  If defense counsel Ramirez fails to put on credible evidence on this issue, he will look bad in front of the jury.

Cadriel verified he cannot read or write.

Cadriel testified that his sister Norma told him to check with HEB or BISD or the county for a job.  He said Ernie was present but it was Norma who said the county.  Guz Garza then pushed him on his testimony and he changed it to say it was Ernie Hernandez who said to get a job with the county.

Cadriel's testimony ranged from - he could not understand simple questions to having definitive answers to certain questions. 

Cadriel says he never asked Ernie for help.  He said Ernie told him to meet the defendant Raul Salazar. Cadriel said he met with Salazar before the test.  Cadriel said Salazar introduced him to Robert Lopez.

Robert Cadriel said Raul Salazar gave him the answers to the 4th test, and then after taking the test he gave it back to Raul Salazar.

Cadriel testified that at the Hernandez family business his sister Norma helped him to complete the application for the job.

Cadriel says he did not cooperate the first  time with the investigator because he feared jail because he was on probation.  Then he changed his testimony to say he quit because Norma told him to quit and hide and stay out of the way.  Cadriel said Norma and Ernie told him to leave town.  Most of this testimony was on leading.  Justice Hinojosa allowed for this because it was clear to everyone in the courtroom Robert Cadriel is intellectually disabled.  Cadriel said he was told to not cooperate.

On cross examination defense counsel Ramirez put into the record that after Cadriel was picked up at probation to be questioned in this case he told Investigator Rivera that Robert Lopez gave him the test answers and that after taking the test he returned it to Robert Lopez.

QUESTION: You are on the jury - do you believe what he originally told the investigator or what he testified in court?  Either way he lied once or Investigator Ramirez lied in the summary.  The testimony became a wash.  Cadriel said the investigator never threatened him with jail.

Robert Cadriel did state in his initial report that Robert Lopez told him he would help him with the test and Robert Lopez would call him.

Cadriel denied just about everything Investigator Rivera claims he said.  If this is true then Investigator Rivera fabricated a report.  That would be a crime.

On Redirect, Cadriel reasserted that it was Raul Salazar who gave him the answers and not Robert Lopez as Investigator Ramirez claims in the initial report given by Robert Cadriel.  Remember Cadriel could not read the report before signing it. He just signed it. If you are going to take the position that Ramirez lied in the report then you must be willing to demand he be investigated for lying in the report. Also the DA's office becomes not trustworthy.

According to the Rivera report, Cadriel told him Robert Lopez said he would take care of the exam.

You will note in Montoya's rendition of the trial there was no cross examination and the conflicting testimony never came out - no bought and paid for bias there.

ROBERT LOPEZ TESTIMONY

I know I did their testimony out of order, but I decided to please the Hernandez haters with the Cadriel testimony because of the bomb shells.  But in the end it is worthless because he told two different stories.  The key to the trial will be the testimony of the remaining witnesses.  If they verify that Robert Lopez lied the jury will acquit.  If they verify that Robert Lopez told the truth, the jury will find Raul Salazar guilty.

Gus Garza did something I have never seen in over 20 years.  Rehabilitating a witness is something you do on redirect after cross examination.  Guz Garza rehabilitated Robert Lopez during  direct examination with questions like, "If Dalia says Carmen admitted to lying and in fact you told Carmen to take the test that would be a lie."  It confused the jury and made it look like everyone was going to beat up on Robert Lopez.  The tactic forced Robert Lopez to go on the record saying that if all of personnel and Pete Sepulveda and the IT people do not verify his testimony they are all liars and he is the only truth teller - just too bizarre - But Guz Garza by doing a rehabilitation on direct caused for this confusion and almost idiotic testimony.

THE TESTIMONY

I will skip Robert Lopez's education and work history. He does have a masters. Robert Lopez testified Ernie Hernandez called him into his office concerning a job opening.  Ernie allegedly inquired about a job for his brother in law Robert Cadriel.

Later Raul Salazar [the defendant] approached Robert Lopez about 2 days later. 

Robert Lopez testified that Cadriel did not know how to use a computer so he would need help.

Robert Lopez testified that Cadriel took the computer test twice and both scores were in the low 30's.

Robert Lopez says there was a 3rd test taken by Carmen Vera  for Robert Cadriel and received an 86. 

Robert Lopez says he told Carmen to only provide help but to not take the test for Cadriel

Robert Lopez noted his department only qualifies application and the departments hired.  He did agree he knew from square one Cadriel would never qualify for any job based on any number of variables.  Robert Lopez testified he knew he never should have allowed for the testing process based on his automatic disqualification but he allowed for the testing anyway.

Robert Lopez says he never called any director to hire anyone.  HR only processes the paperwork.

Guys this is a lot easier to blog all at one than typing it for three hours at my desk.  I am going to highlight areas which are in controversy.

THE CONTROVERSY OVER THE TEST ANSWERS

Robert Lopez says he requested the answers to the bridge test from Dalia who controlled the answers because it was a pencil and paper test and he wanted the technology department to out it into the computer.  Robert Lopez agrees he only asked for the answers but never the questions. 

Robert Lopez then testified that Raul Salazar asked for a copy of the answers and he gave them to him.  Robert Lopez claimed he did not know why Raul Salazar wanted this answers.  Mind you this is after the first job fell through after it was discovered Carmen Vera took the test.  Robert Lopez said he discussed his desire to take the test to technology to be put into computer form with HR staff.  I mention this because the defense is saying HR staff will deny this. 

Robert Lopez claims he gave the answers to Raul Salazar because he was following orders and feared for his job.  He claims the case of Mark Yates was a retaliation case and he feared the same for himself if he did not cooperate.  But you know what Dalia who is the hero here feared nothing.

THE DEFENSE SEEMS TO CLAIM ROBERT LOPEZ DID WHAT HE DID TO GET THE HERNANDEZ POLITICAL MACHINE TO HELP HIM WITH HIS CITY COMMISSION RACE

Lopez messed up here because under oath he testified the key events occurred in June after the race so it his actions had nothing to do with trying to get Ernie Hernandez's political machine to back him.  The problem is the evidence from Investigator Rivera summaries show Robert Lopez related the events all the way back to March before the city commission race.  The notes show he related his memory to the birth of his son in May.  This does not mean the defense is correct, it just means Robert Lopez may have intentionally mislead the jury to avoid the appearance his benefit was the Hernandez machine helping him.

KEY EVIDENCE OF POSSIBLE FELONY PERJURY BY ROBERT LOPEZ

[side note both Montoya and McHale endorsed Robert Lopez for city commission.  I did not.  In that election Robert Lopez clearly had the politiquera advantage Robert Lopez % of vote 25.85 mail ballots 216 % of mail ballots 60%; Estelle Chavez % of vote 33.42 mail ballots 79 Vasquez % of mail ballots 22% - Ernie Hernandez controlled the politquera vote.  Here are the mail ballots in the run-off - Run-Off results AT LARGE "A" Estela Chavez-Vasquez 2075 (calling as the winner)
Mail-in: 53, early voting: 1,335, Robert Lopez 999, Mail-in: 126, early voting: 553

Are we really sure Robert Lopez is telling the truth when he says he did not help Robert Cadriel get a job in exchange for help from Ernie Hernandez with the politiquera vote?  Lopez lied - it is that simple.

I believe if Raul Salazar would serve a subpoena on Chris Davis for these records, when compared to Robert Lopez's testimony it will be enough for Justice Hinojosa to hold Robert Lopez in contempt for felony perjury.  This is clearly where the deal was.  Lopez gives Cadriel a job and Lopez gets the politiquera votes from Ernie and Norma Hernandez. 

 Okay guys, I am exhausted.  A lot of the remaining testimony will mesh with the other witnesses.  So what I will do is compare the remaining of Robert Lopez's testimony to that of the other witnesses. 

It is all the same.  It is one big dispute as to who told Carmen to take the test for Cadriel.

Sorry, guys - but bed time

6 comments:

BobbyWC said...

Got to court at 9:30 during cross og hr employee jessica olivarez. she said robert lopez told her to send dog catcher application to supervisor and she did. robert lopez denied this. Rrdirect was just the same testimoney sbout tests
jessica did say carmen did tell her robert lopez and raul salazar both told her to take test for cadriel

Anonymous said...

"jessica did say carmen did tell her robert lopez and raul salazar both told her to take test for cadriel"

This is exactly what I wrote in my comment. They BOTH told Carmen, according to this testimony.

BobbyWC said...

Today carmen testified only robert lopez told her

Anonymous said...

Guess what? Either Jessica or Carmen are untruthful. Which version has the most to lose?

There are more contradictions coming out in this trail that Carter has pills. Can they buy perjury insurance?

BobbyWC said...

Montoya misreportd evidence. he left before cross. carmens written statement at time shows raul salazar asked if she had gotten the grade. His question had nothing to do with taking the test. carmen also said she nevet saw robert lopez and raul salazar talking. she was adament robert lopez id the only one who told her what to do. montoya chose to walk out on cross so he could write lied. if he doesnt hear the cross then he is only reporting what saenz wants reportef

Anonymous said...

HEY FOLKES THIS IS NO BIG DEAL THIS HAPPENS EVERYWHERE EXAMPLE P.U.B HIRES A BUNCH OF HALFWITS THEIR TEST ARE GIVEN TO THEM IN A SMALL CONFERENCE ROOM PROTECTED BY SECURITY AND A SIGN SAYS TESTING IN PROGRESS THE BIG HEAD HUNCHOS KNOW ABOUT THIS BUT HEY WE NEED PEOPLE WHO WANNA WORK LIKE BURROS SO THE PUB DOES THIS EVERYDAY THING NO ONE SAYS OR COMPLAINS THIIS INVOVES CERTIFICATIONS FOR DIFFERENT DEPATMENTS YES THE DO IT OPENLY NOBODY COMPLAINS SHOOT HOW CAN THEY BITE THE HANDS THAT FEED THEM ONE OF YOU GUNHO REPORTERS WANNA BE SHOULD LOOK INTO THIS AND WOW WAIT TILL THE SHIT HITS THE FAN ADIOS KEEP BROWNSVILLE PITIFULL