Posted: October 7th, 2008, 12:43am EDT
Yesterday, Stuart Leeds and I had an all day hearing in front of Judge Darr from Midland, Texas. Stuart Leeds and I had filed motions to recuse Judge Angie Barill of the 346th District Court due to her biased conduct. She had ordered the expungement of Alberto Ocegueda's records even though they could not be expunged for 32 years from the date of his arrest in November 2006. After DA Jaime Esparza had accused me of violating the expungement statute by violating Ocegueda's illegal expungement order, Staurt Leeds and I filed the unprecedented action of undoing Ocegueda's expungement. Judge Barill, when confronted with her original illegal order of expungement refused to correct her mistake when shown that the records aggravated sexual assault of a child could not have been expunged for 32 years. Judge Pendergrass who ultimately came in to hear the matter, disagreed with Barill and undid her original order and set the record straight.
What follows is the opening statement of Stuart Leeds in yesterday's hearing. I want to share his words with you.
Judge Darr:
Welcome to the Bizarro world of El Paso County where you have just stepped through the looking glass.
To a world where two defense attorneys have to expose government corruption and the whole weight of the government opposes them and objects to it.
To a world where two defense attorneys have to fight to preserve and protect the public record from unlawful destruction.
To a world where the County Attorney's Office agrees to the illegal expunction of the records of an accused Aggravated Sexual Assaulter of a six year old girl and Judge Barill signs the order and grants the unlawful expunction.
And all this to help the District Attorney's secretary's brother get his records wrongfully expunged.
Make no mistake. This is all about the tail-end of the cover up of an Alleged Sexual Assault of a six year old case.
Then Judge Barill refused to correct her error and the record when it was br ..