Wednesday, July 15, 2015

 
AMIT LIVINGSTON FACES FEDERAL CHARGES

According to Pacer the following charge remains pending against Amit Livingston:


"Whoever moves or travels in interstate or foreign commerce with intent either

(1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or " 18 US Code 1073.

 The charges were filed in December 2007. The case sat idle until the DOJ requested certified copies to be used for the extradition proceedings in 2014.

Limitations does run while your a fugitive from the law.

The charge is a class D felony which could carry a sentence of 5-10 years.

The more important issue is, if Livingston wants a plea bargain  he will need to give something up..  Now, here is the reality.  A he said she said means nothing.  But if Livingston verifies anything his attorney told the FBI which ADA's in Villalobos's office disputed, that information could lead to charges.  The reason being, it is not just Livingston saying it, he is really just verifying what his attorney said. 

I can see more federal indictments of any number of the ADA's who were part of this mess.  Maybe even Livingston's attorney could be indicted.

There are some former ADA's sitting very, very nervous right now.

OF NOTE:

The charges show Armando Villalobos' office requested the charges.  He really had no choice, but still his defense attorneys during his trial should have had Villalobos tell the jury that he asked for federal assistance. His attorneys then could have argued this was evidence he was not part of the scheme.

With the exception that the feds might be able to get information out of Livingston the federal charges are meaningless. It means less time than he already is receiving in state jail.  Remember someone helped him to get out of the US.  Our intelligence services want to know how he got out, and if it was on a fake passport. 

As to his state plea, the time to withdraw the plea is after sentence if the judge failed to follow the plea.  Under the rules I do not see how he can withdraw a plea he openly accepted in court.  That ship has sailed.  Now, whether the state can withdraw the plea based on the fact he ran, I do not know.

The state can ad new charges, but the court would have to order that they be served separately. 

The maneuvering is going to be interesting.  I would not want to be one of the ADA's who were involved or Livingston's attorney at this moment.

Does anyone remember if Eddie Lucio took the stand in his case.  He won, but if he took the stand and through Livingston they can show he lied about a material issue, Lucio can find himself being charged again on other charges.  Again a he said she said will not be enough.

2 comments:

Anonymous said...

Bobby I have a question. I know you are very blunt and I am wondering if this is really a Re-election winner for Luis Saenz and Mellissa Zamora Landin?

The reason I ask if because as you have stated about these two individuals they are not worth keeping. I am not ignorant and could do draw my own conclusion but in reality people just look at headlines and that is exactly what these two will try to do. I'm glad the media didn't make the headlines stating DA Luis Saenz brought Livingston to justice but he US Marshalls working with DSS and India.

As you stated it is going to be in Federal Court leaving Luis out of the spot light, yet it won't stop him and Mellissa from taking credit.

BobbyWC said...

First I love you. Thank you for making the BV better with a great question and extending the discussion.

God you get it - why do I highlight in red some times? Because people scan read - headlines - bold - red etc.

Saenz best friend in Masso - he has problems - the campaign against Saenz is the same as against Tony - it is not enough people hated Tony - you need a real alternative. We did not have that in the mayor's race.

On a personal level, I like Masso - he is very approachable - we always have good conversation - and neither of us take anything personal. This is a great character trait - but he was raised and trained in a DA system which has been broken since before he became a lawyer.

The fact Saenz was basically dismissed by feds should tell you something. They are our best hope to stop him.

No I have been dealing with 4 surgeries so far this year. I have told my doctor the other two have two wait until 2016 - in fact I may forgo both -

I believe I have evidence that someone under 18 USC 1071 aided Sandra Blanco to avoid justice. I now have time to move on it. The investigating agency will take Saenz down if he tries to interfere. The local FBI is going to stand down I am certain while this other federal agency does the investigation.

I know enough based on sources if this agency finds my claims to be true - I have pictures and a lot more - Sandra Blanco to protect this person will tell the feds if it is true she paid Saenz $3,000 to have the charges dropped. See Maria story on left.

The good news is, the agency is a federal agency the FBI would not dare putts with. I have no idea what will come of it. But I suspect a year - Sandra Blanco will take down everyone she knows to protect this person.

Masso's spin on Livingston needs to be, Villalobos not Saenz asked for the federal investigation. The feds paid probably more than a million dollars on this investigation not Saenz - I will do a FOIA request on the costs.

This was the feds and India - the did not even care enough to issue a proper press release that Livingston was coming back to Cameron county. The feds are done with Saenz.

Masso or someone else needs to run ads asking how despicable can a man be to use the murder of an innocent woman for his own personal political gain?

The question will stick and it will cost Saenz.

Thanks again for a wonderful question.

Bobby WC