Monday, October 5, 2015




DA SAENZ, JUDGE MCDONALD, AND LOUIS SOROLA HOLD DISABLED 17 YEAR  OLD IN JAIL UNDER A DEFECTIVE CAPIAS

UPDATE:  About an hour after I noticed up DA Saenz and Judge McDonald of my intent to run with this story, along with the supporting documents, Judge McDonald set the matter for a Plea on October 14,, 2015.  He knows this young lady is being held illegally.  He did not issue a recall of the capias.  This is a crime under 18 US Code 242. 

If Saenz had any sense of justice for the incompetence of his office he would immediately dismiss the charges in the interest of justice,, and request the immediate release of this young lady from jail.  He will not. 

ORIGINAL STORY

I will upload the documents.  It appears Louis Sorola was properly appointed as a court appointed attorney.  He appeared at the hearing on May 20, 2015.  Sorola was appointed on the 19th of May.  The young lady was arrested for failure to appear.  Louis Sorola such as he does, just stood there and did nothing when the Capias, arrest warrant for failure to appear, was requested and issued.

Had he checked the file he would have discovered DA Saenz's office again - I have covered this story in so many cases - provided the court with the wrong address of the defendant.  The documents I have show the Notice to Appear was returned for insufficient address.

An element for a capias for failure to appear is notice you are to appear.   The court documents and return letter show the notice was returned for insufficient address.  DA Saenz's office failed to include the apartment number on the address provided to the court.  But if you check the bond in the defendant's own handwriting it has the apartment number.

Once the notice came back as an insufficient address, the court coordinator who works for Judge McDonald should have checked the bond.  This would have told him he left off the apartment number in the original notice.  This should have resulted in the matter being reset until a proper notice was sent.

Louis Sorola not doing his job failed to even inquire if proper notice was sent before agreeing to the issue of the arrest warrant on his client.  So she sits in jail for failure to appear when the clear evidence shows she was never given a notice to appear.

Now watch, when Jonathan Gracia left his client in jail who eventually died, Juanito attacked him for not doing his job.  A check will clear or cash will be passed and Louis Sorola in the counter will be made out as the victim as opposed to the lawyer who did not do his job and allowed an innocent disabled young woman to be arrested and go to jail.

 
 
In document one above you see the Notice was clearly returned due to insufficient address.
 
 
In document two you clearly see the defendant included her apartment number, as opposed to just 185 Robindale.
 
 
In document three you clearly see wherein DA Saenz's office left off the apartment number which is why the notice came back as insufficient address.

I have been addressing this problem for some 2 years and the county court judges refuse to fix the problem.  When a notice comes back with a bad address before a capias can issue the court must insure the address the notice was sent to is the same as on the bond.  How do you arrest someone for failure to appear when through your own incompetence as DA and Judge failed to provide the defendant with notice to appear?  And what is the purpose of defense counsel if they are too lazy to check the file to see if proper notice has even been sent?

The mother is hopping mad.  I hope she follows through in going after  DA Saenz, Judge McDonald and Louis Sorola.

2 comments:

Anonymous said...

Why would you post her home address?

BobbyWC said...

To prove her correct address was available in the file and had Sorola simply demanded proof she had received notice the DA would have failed and his client never would have been arrested.

Further I had permission - the family wants justice and fill disclosure to the community as to how this happened.

Sorola had a professional and ethical duty to demand his client received notice before a capias for failure to appear issued. Had he done this the DA would have lost because the file itself showed the notice was sent to the wrong address and the file had the correct address. Sorola has no defense. He made no effort to demand the DA prove its claims of failure to appear. The family wanted to make sure everyone understands this simple issue.

Sorola of course will confuse the issue by saying there were multiple documents with incomplete information . this is meaningless - it has nothing to do with the fact had the DA been forced to put on his evidence that Sorola's client received notice he would have failed because in the file is the envelope with the return, the wrong address provided by the DA, and the Bond application completed at the police station with the correct address.

By posting these documents with permission it takes away all claims of innocence by Sorola - of course it will not stop Sorola from telling a lie and different story.
Bobby WC

Bobby WC