Tag Archives: corruption trials

El Paso is the second safest city in the nation…. Wink, wink

Yesterday evening, current County Commissioner and candidate for State Representative, Willie Gandara Jr., was arrested by federal agents. According to media releases, the arrest and search warrants are drug related. At this point, besides the “wink, wink” government relations pronouncements, the investigation is being led by federal agencies with local police and prosecutors nowhere to be found.

I have been writing for many years that the notion that El Paso is somehow immune to the neighboring drug war is nothing more than a smoke screen designed to hide the obvious, El Paso’s participation in the drug transit of drugs into the nation. Local police forces and politicos have notoriously publicly postured that the drug war is south of the border and that drug dealers are not among us. Incredulous, some have even pronounced that drug henchmen are too afraid of the local police forces! I can’t even keep from laughing out loud as I write this.

A few days ago, the Police Chief once again pronounced the city safe after a woman was hit by a stray bullet supposedly discharged in the Mexican side. This, even before an investigation was started! It’s the standard political mantra, the violence is on the Mexican side. At this point, the bullet likely made it from Mexico but that is not conclusive and an investigation still needs to be concluded before pronouncing the case solved.

Late last year, the city’s drug testing lab, a local police run entity, was put on suspension for failing basic security protocols designed to ensure the integrity of drug prosecutions. Numerous corruption trials are ongoing or have concluded. The County government, including County prosecutors even defended, until the bitter end, the lying of a medical examiner who’s job it is to be honest in order for juries to determine the innocence of an accused.

In every case, the local county government, led by County Judge Veronica Escobar, has been nowhere to be found in either the investigations or the prosecution of wrongdoing in the community.

“It makes me very sad for his children. Obviously, he is innocent until proven guilty and he will have an opportunity to plead his case and want to assure the public this has nothing to do with the county of El Paso and county government,” said County Judge Veronica Escobar.

That statement says it all, the local County officials see no evil and hear no evil!

Not to be left behind, Police Chief Greg Allen is quoted as reiterating that El Paso remains one of the safest cities in the nation after the shooting incident downtown. Mayor John Cook reinforced that notion as well. Curiously, both Sheriff Wiles and the region’s prosecutor, Jaime Esparza have been quiet.

And now a County Commissioner is accused of drug related crimes.

It has been acknowledged publicly that current Congressional Candidate Beto O’Rourke, sitting city representative Susie Byrd and County Judge Veronica Escobar are friends and are ardent political allies.

Congressional Candidate Beto O’Rourke and Byrd recently published a book on legalizing drugs. Escobar, as the sitting County chief has not once asked the simple question, how come local law enforcement and prosecutors have not once investigated and brought charges against the corruption permeating the county? Why is it that all of the prosecutions and investigations are led by out of town agencies?

It’s not like it is one investigation or two, or that the community never whispers about the ongoing corruption in the community. It’s numerous investigations. The under-current in the community for decades has been that you “must pay to play”.

Let’s recap the three amigos; Byrd, Escobar and O’Rourke. Byrd and Escobar actively support O’Rourke both personally and professionally. O’Rourke takes the position that drug legalization will solve community issues. O’Rourke’s mother plead guilty, on behalf of her company, to money laundering. Escobar, as the County leader, supports and defends a disgraced medical examiner who is a proven lier. Escobar has never publicly challenged or even asked why is it that her government entity’s law enforcement agencies have not brought a single charge in any one of the numerous criminal investigations permeating County government?

Likewise, city official Byrd proclaims government accountability, yet co-writes a book about legalizing drugs and has never once demanded accountability by the police department she governs over, even after numerous police officers are indicted for corrupt practices and numerous allegations of abuse against the police agency are levied?

George DeAngelis, a former police chief, levied corruption charges against his own police department and the department responded by harassing him instead of proving their innocence.

Throughout out all of this undercurrent, we are now witnessing the prosecution of a sitting county official for drug crimes.

Let’s examine the latest case. Willie Gandara, Jr. is a current County Commissioner and a candidate for State Representative. As of this morning he sits in County lockup. His father, former Mayor of Socorro, Willie Gandara Sr., was arrested and charged in August 2010 with committing fraud as a school board member, by federal agents. He is accused, along with 10 others, of using bribes to secure multi-million dollar contracts.

Former Socorro city councilman and politically linked to the Gandara family, Luis Varela plead guilty to drug charges. He was arrested in November 2011 in possession of 27.5 grams of cocaine and 44 pounds of Marihuana.

In January, Willie Gandara’s uncle, Jesus Gandara Sr., was arrested and charged in California on corruption charges involving the Sweetwater Union High School District. He is also charged with accepting bribes.

Willie Gandara, Jr., was quoted in the news media as stating, “My family is my family and I won’t waver. At this point,  I don’t know everything because there’s a lot of allegations. It’s a bunch of hearsay and I’m going to wait till I get together with family and figure out what’s actually going on.”, in reference to his uncle’s arrest.

Willie Gandara’s father’s case is related to the ongoing public corruption case in El Paso that was started by an investigation of Bob Jones’ tenure as CEO of one of the largest employer’s in the city at the time. Jones currently sits in federal prison a convicted felon. Bob Jones was a darling of the city’s politicos and establishment while he was doling out money.

What about the local business and non-profit community?

The local non-profits were more than happy to take the monies proffered over by Bob Jones not once publicly questioning his ethics. The Chamber of Commerce and tourism boards, then, as today, would rather continue to play dumb and see no evil and hear no evil, as long as the corrupt money continues to flow.

What is corruption?

Contrary to popular belief, corruption is not just about taking money or making quid-pro quo deals between parties. It is also about not performing the job someone is paid to do. Now, let’s examine the actions of the three amigos, Byrd, Escobar and O’Rourke.

City representative Susie Byrd, as one of the government officials of the city of El Paso is in a position and I would argue, has the duty to demand an explanation from the city’s police department’s actions when it comes to the expenditure of the taxpayer’s monies. For example, the city of El Paso has paid hundreds of thousands of dollars to settle cases of numerous allegations of police brutality. The police department is currently embroiled in allegations of corruption within its ranks for ticket fixing. The police department had its drug lab suspended for protocol violations. And, allegations of drug baron influence over the police department has been levied against it by a former police chief and not once has Susie Byrd demanded answers, instead she has publicly defending the agency.

Byrd even co-wrote a book with Congressional candidate O’Rourke on the merits of drug legalization. Likewise, O’Rourke, also defended the local police force during his tenure as city representative.

Judge Escobar, on the other hand, sits in a position and I would again argue has the duty to demand accountability from the Sheriff’s department and the county prosecutors. Yet, she will defend a lying medical examiner who’s job is to tell the truth in order to determine if people should go to jail. Even at the expense of the taxpayers footing the liar’s salary.

Where are the local prosecutors and police agencies?

There are numerous local corruption investigations ongoing in the community. El Paso sits on the border with one of largest transit points of drugs entering the United States. Throughout all of this, the local prosecutors and police agencies have yet to mount a credible and successful corruption prosecution, not one. Not one day goes by where the community’s undercurrent whispers about rampant corruption. And the investigations?

None.

On the other hand, three cases of bullets crossing the international border in five years of open conflict against drug dealers on the Mexican side, with many lives lost, and the three amigos and the local law enforcement and government offices rapidly proclaim El Paso is the second safest city in the country!

Not one ever asking where do the drugs that make it over the border end up?

What about the local media?

Since 2008, there has been an ongoing open battle between Mexican law enforcement and drug dealers with thousands of Juarez citizens loosing their lives. It is universally acknowledged that the battles are about control of one of the most significant drug routes into the United States.

There have been a few reported cases of drug violence, in the form of kidnappings in El Paso with bodies turning up on the Mexican side of the border. The undercurrent commentary is that there are many more that are not documented because the local law enforcement agencies conveniently argue that it’s outside of their jurisdiction.

Throughout all of this, the local media has been noticeable absent when it comes to reporting the ongoing Drug War that has captivated the world.

Why is it that the BBC and The San Diego papers have better coverage of the ongoing battles for control of the drug corridors? And the local media just regurgitates reports from others?

Rather, the local media would rather continue to spoon feed the notion that the city is the second safest in the nation instead of asking where are the investigations? It’s as if everyone is in cahoots and no one wants to admit it.

Who benefits?

Money is the driving force behind the drug war and for someone to benefit from the huge amounts of monies that feed the drug cartels doesn’t mean that, that individual needs to be directly involved with drugs. Money juices the bureaucracy that conveniently allows shipments to go unimpeded and investigations to never get started. Money flows from the top to the bottom and eventually engulfs a community that remains oblivious to the obvious.

In the case of El Paso, no public official has ever had the courage to ask; “what happens to the drugs once they make it over the border?” A simple question and one that is not asked and much less investigated.

Those that would argue that the majority is captured by law enforcement ignore the obvious fact that if the city of El Paso was not a lucrative gateway for drug transit to the nation then the drug war in Juarez would not exist. Local law enforcement has even argued that the drugs do not stay for long in El Paso. As if that excuses the apparent lack of local law enforcement investigations.

It’s simple, if the majority of the drugs didn’t make it to the rest of nation then Juarez would not be a battle ground. If El Paso did not look the other way, then drugs would not make it out in significant quantities to feed the habits of the users.

The three amigos, Byrd, Escobar and O’Rourke have banded together around the notion that they are weeding out corruption and are acting in the best interest of the community, yet when in the position to ask the simple question, why aren’t those that I wield some authority over not prosecuting corruption?, the answer is…. nothing.

Like the rest of the community, Byrd, Escobar and O’Rourke see no evil and hear no evil. The conspiracy theorist in me asks, could it be that they benefit by not asking the questions that need to be asked? Corruption is also inaction when it comes to doing your job.


The El Paso Forum is Back!

Politics makes for strange bedfellows, todays amigos are tomorrow’s enemies. Keep your friends close and your enemies even closer. My enemy’s enemy is my friend. I could go on and on with clichés that all end up with the fact that politics is just about the dirtiest and grimiest endeavor anyone can get involved in. Tie that with the fact that sensational headlines sell newspapers and accepting that The El Paso Times is the slimiest newspaper in the world all leads to one indisputable fact; that El Paso’s corruption is enabled by an entrenched political machine allowed to operate by a news media that trips all over itself trying to make news rather than to report it.

With that in mind plus the frustration that is El Paso corruption I have brought back the El Paso Forum for political discussion, dissection and outright dissention. I fully expect all of the political operatives to attempt to make the El Paso Forum their own platform for their message, it is par for the course, but what I really want and what I crave is for the frustrated and disenfranchised masses to have a sounding board to quickly get their anger off their chests with quick drive-by messages to the world.

Will it solve the political crisis? No. Will it server a greater good, probably not. But it should at least give the oppressed a small outlet to work through the morass of political shenanigans in the community.

It is no secret that I believe the El Paso Times is corrupt and easily manipulated. My comments aren’t directed at the majority of the reporters because they are hampered by the corporate bureaucracy that sees El Paso as an insignificant little corner in world that generates no real revenues for the corporate owners. It also doesn’t help that print media revenues are under continuous assault by the new media that is the Internet. That is why it is no surprise that Bob Moore has once again been directed to run the El Paso operation as his shenanigans have no real impact on the corporate owners and it keeps them from having to fire him and deal with the legal ramifications of that.

It is incredulous to me that all major institutional organizations in the world, including political and security operators universally agree that the El Paso-Cd. Juárez corridor is a major transit point for the majority of illicit drugs that enter the American market, yet El Paso is a ‘safe’ city. Yet, the death merchants are waging a bloody war on the Mexican side of the border and the politicians on the American side of the border proclaim that it is one of the ‘safest’ cities in the United States. They would have us believe that once the drugs get past the border they magically disappear and no one knows how.

Of course, if that were my only argument then it would be just a crazy notion on my part. But we also have a former city representative, now running for Congress, Beto O’Rourke, who not only has publically advocated for drug legalization but has also written a book in support of it. Some of you would probably argue that it’s his opinion and he should be entitled to it. Sure, but like everything else follow the money.

O’Rourke doesn’t only advocate drug legalization but his mother pleaded guilty on behalf of her company to illegally hiding money from the government. Why would someone want to structure cash? The only people looking to structure large amounts of cash and thus hiding it from government oversight are those looking to avoid taxes or most likely, avoid having to explain to the government where the money came from. Hmmm, sounds to me like money laundering.

Let’s see, money laundering and a politician looking to take office at the federal level where drug legislation can be manipulated. Oh yea, let’s not forget that the local police department had to be put on probation because its drug laboratory failed basic standards and a police department that currently has officers being indicted for falsifying public records and the same police department that had a former high-ranking administrator accuse the department of colluding with drug dealers. Yes, that is the department that trumpets the loudest how safe the city is.

Oh, and I almost forgot, a former director of the local FBI incarcerated for hiding a friendship and receiving economic benefits from a businessman from Mexico without properly documenting it to the authorities. As if that wasn’t enough, a former County Judge, Dolores Briones, pleading guilty to corruption, a former El Paso Chamber of Commerce and non-profit darling, Bob Jones in jail for defrauding the federal government and thus the taxpayers. And the list goes on and on.

And through all this, the local political shenanigans involves an advocate of legalizing drugs, funded by big money with everything to gain and O’Rourke groupies; a sitting city representative, Susie Byrd, who co-wrote the book on drug legalization with O’Rourke, another sitting representative, Steve Ortega who has no business in Mexico documenting how long it takes to cross the border on the only day of the week that city representatives are required to meet and a married county judge who sees nothing wrong with getting drunk with Beto O’Rourke on a night out on the town and slapping him on the ass all tripping themselves trying to ingratiate themselves into O’Rourke’s friend circle.

And, we are expected to believe that drug dealers are so afraid of the local policing and government efforts of El Paso that they dare not bring their violence across the border? Please!

Or, as is more likely, the city of El Paso is so corrupt that the drug dealers don’t even have to bother to pay extortion fees on the US side, they just put the people friendly to them in office. With friendlies in government there is just no need to bring violence across the border as their drugs just mysteriously disappear into the rest of the United States. Why create a problem if there is no need to do so?

Through all this, and I’ve only mentioned a very small portion of the evidence of corruption rampant within the community, where has the El Paso Times been? When Bob Jones was the darling of the city, his corrupt money trickled down to the advertising sold in the paper and now that he’s in jail, what does the local paper need? Another benefactor to feed it. Would proper investigative journalism do the trick? Hmmm, no that might bite the hand that doles out the little money for advertising in a city where corruption rules.

Follow the money! Who’s vying for office and who’s funding campaigns? Who benefits the drug dealers? Who advocates for drug dealers? And, who does the local paper support? It can’t be plainer than that.

And what about the Diario de Juárez? The Diario is so inept that news is nothing more than skimpily dressed women gracing its pages. Its El Paso operation is a disgrace to its Juárez counterpart because the local leader is too afraid to aggravate anyone lest he’s ignored by the powers-that-be at the local country clubs. He’s too busy ingratiating himself with the PDNG that he’ll throw his own father under the bridge if it means he’ll get a smile at the club house.

For those just tired of the political diatribe but too busy to get involved to make the community better or too afraid to mess with a hornet’s nest of corruption, the El Paso Forum is for you. Enjoy and make the best of it, at worst it just becomes another gripe outlet or at best it shines a light on the cockroaches that hide in the darkness enabled by the El Paso Times. It’s your playground. Enjoy!

http://www.elpasoforum.com

 


Commentary: The Arditti trial, was justice served?

Growing up in Mexico, one of the first things I always heard about America was how the American judicial system was fair, especially in relation to the Mexican one. In America, I was told, the notion of innocent until proven guilty is sacrosanct to the Americans. The right to have your say in front of a jury of your peers is the driving force behind the system. In America, I was led to believe, was that the judicial process was about finding the truth and getting justice for all.
 
Unfortunately what I read about the Regina Arditti trial on Dena Richardson’s KFOX TV blog and Sonny Lopez’ reporting in this publication and speaking to the attorneys involved in the case has proven to me that in El Paso, the process is not about justice – but about political vendettas.
 
I first become aware of the Arditti prosecution when the El Paso district attorney filed misdemeanor charges against her for nepotism. Although the charges were misdemeanor, they nonetheless would have resulted in the loss of Judge Arditti’s bench and her livelihood, had she been found guilty. Expecting a trial to go forward to determine the veracity of the district attorney’s case, the next thing I hear is that Arditti is scheduled to plead guilty on June 4, 2010. This was announced by District Attorney Jaime Esparza through the media.
 
On May 28, 2010, the media reports that Arditti has fired her attorney, Joe Spenser and hired Theresa Caballero and Stuart Leeds as her counsel. And she states to the media that she never agreed to plead guilty.
 
On one hand, Jaime Esparza is stating, via the media, that Arditti is pleading guilty and on the other hand, she has fired her attorney and hired new ones. If the notion is about getting to the truth then why would the district attorney announce that Arditti was pleading guilty while she is denying it?
 
After this public exchange, the district attorney drops misdemeanor charges and files felony charges against Arditti. Now, instead of possibly losing her bench, the judge is now facing some serious jail time. Are these actions, by the district attorney, about getting to the truth or is it a personal vendetta? Is it a case of you are not doing what I’m demanding of you and now I’m going to make your life miserable by not only threatening your livelihood but also threatening to put you in jail as well? Or is it about justice?
 
Fast forward almost a year later and the long anticipated trial begins. From the KFOX reporting and Richardson’s blog and Sonny’s articles in this publication I piece together the events of the trial. The prosecution produces witness after witness, and except for one witness whom the defense attorneys prove is testifying under the threat of going to jail himself, testify that they are not aware of any agreement between Arditti and Barraza, which is the nexus to the prosecution’s case.
 
Each prosecution witness seems to me to be a witness for the defense yet they are being called by the prosecutors. Where’s the “smoking gun” I keep asking myself? Surely, there has to be much more than this? It’s about the truth, I keep telling myself.
 
Oh, and the one witness the prosecutors were able to muster turns out to be a lawyer who sees nothing wrong with meeting a stripper in a hotel room for a “business” meeting. The whole Arditti case rested on this one individual.
 
Finally, the state rests and it’s the defense’s turn to call their witnesses. But, they do not call any witnesses; instead they rest their case without putting up a single defense!
 
The Caballero-Leeds defense team calls no witnesses and other than closing statements reminding the jury that the prosecution did not prove their case, they offer no defense. In less than three hours the jury agrees and finds Arditti not guilty on all counts.
 
Regina Arditti is not guilty, something she proclaimed from day one. But was justice served?
 
Arditti was judged by 12 members of her peers. They heard the prosecution present the case and heard the defense say there is no case. And they rendered their not guilty verdict.
 
Some would argue that justice was served; I on the other hand, question that assertion. Regina Arditti and her family’s lives were tested to the limits for over a year as she lived under the indictment proffered by Jaime Esparza.
 
Not to mention the thousands of dollars she spent on her defense. And, let’s not forget the amount the community, you and I, spent on her prosecution through the judge, the prosecutors, the jury and all that is required to keep the court house running. On top of that we had to pay for another judge to keep Arditti’s court running. But was justice served?
 
Regina Arditti proclaimed her innocence and yet she and all of us paid to have a jury proclaim her innocent. But was justice served?
 
Arditti was accused of nepotism at the County of El Paso, something we all hear rumors of as being common place at the County building. So, as the rumors proclaim, is nepotism rampant at the county? And if so, why is Arditti the only one to be charged? And if not, again, why was Arditti the only one charged?
 
Could it be that the Arditti trial was not about justice but rather about political vendettas as the defense team has asserted?
 
It has to be, because the trial was definitely not about justice. Prosecutors presented their case and the defense said there was no case and presented no witnesses. The jury agreed with the defense.
 
Although, I’m not willing to agree that the American system is better, there is one thing I have to acknowledge, were it not for a capable defense team and a jury of 12 citizens then the travesty that was the Arditti indictment would have ended in yet another travesty, the incarceration of Judge Arditti.
 
But, the fact that one person has the power to ruin someone’s life by filling charges that can’t even produce one reliable witness for the prosecution only reinforces my feeling that the American legal system is just as bad, if not worse than the others, especially in El Paso county.


Jury Finds Judge Arditti Not Guilty

The jury took about four hours Wednesday to find Judge Regina Arditti not guilty on all counts of an indictment alleging she entered into an agreement involving an exchange of courthouse jobs, official abuse and bribery.

The trial, which was in its eighth day, involved convicted former Judge Manny Barraza, protected federal witness David Beagas, the FBI and a slew of courthouse employees. Defense attorneys described the state’s case as a political prosecution aimed at harming the career of Judge Arditti.

The not guilty verdict confirmed the defense team’s decision to rest their case without calling any witnesses. They say the prosecution’s case proved that Judge Arditti had not committed the alleged bribery or abuse of official capacity.

“The community has spoken on many different levels. This is a damning verdict for District Attorney Jaime Esparza, and this verdict proves this trial was nothing more than a political prosecution of Judge Arditt,” said defense attorney Theresa Caballero .

The state’s case, which included mainly courthouse employees, focused entirely on circumstantial evidence and the word of Beagas, who during testimony admitted he lied to law enforcement officials.

“Justice has prevailed,” said Judy Adams, a long-time friend of Judge Arditti who sat through the entire length of the trial.

The jury, which was forged during a heated selection process, was composed of 11 women and one man. Throughout the trial the jurors listened intently to testimony and questioned several pieces of evidence, including an exhibit the prosecution presented that revealed the Social Security numbers of witnesses.

The defense team of Caballero and Stuart Leeds were found in contempt of court by visiting Judge Steve Smith, who the defense alleged is racist and biased. The two attorneys are expected to fight the contempt allegations.

Earlier in the day, Caballero filed a motion seeking sanctions against Kyle Lasley assistant district attorney, alleging a Brady violation. The Brady notice, part of the code of ethics for lawyers, requires attorneys who have information about a fellow counselor participating in wrongdoing to report it to the bar association.

According to a copy of the motion, Lasley allegedly withheld information from the defense described as “exculpatory,” meaning it should have been made available to Judge Arditti’s defense team.

The information was an interview of another person who was at a meeting where the alleged agreement was discussed. That person denied the alleged agreement was mentioned. The motion involving the Brady violation was denied by Judge Smith without explanation.

“It’s amazing that we are found in contempt,” Caballero said, “but the judge denies a motion that a prosecutor was hiding evidence. That shows you how bias the judge was.”

The trial was filled with heated exchanges between the state and the defense. At one point, prosecutors filed a motion to have attorneys Leeds and Caballero removed from the case, alleging their behavior would make it impossible for a fair trial to be held.

Judge Smith also admonished the defense team, saying he had never seen such bad behavior by attorneys in a courtroom.

 

 

 


State, Defense Rest Cases

Prosecutors rested their case Tuesday against accused Judge Regina Arditti, who has been indicted on allegations she used her position as an elected official to benefit herself, her family and others.

Defense attorneys, after returning from a lunch break, promptly rested their case without calling a single witness. The defense has repeatedly turned prosecution witnesses and has gotten them to testify in favor of Judge Arditti.

“The state proved that the defendant is innocent and we didn’t have to put on any witnesses,” said defense attorney Theresa Caballero.

The state’s case, which came to a close following the testimony of an FBI agent, is based almost entirely on circumstantial evidence. The prosecutors say that when taken as a whole, the circumstantial evidence proves there was an alleged illegal agreement between Judge Arditti and convicted former Judge Manny Barraza.

When the state rested its case at about 9:45 a.m., defense attorneys quickly moved to have visiting Judge Steve Smith declare a direct verdict. They say the prosecution failed to provided any evidence that Judge Arditti was involved in the so-called agreement, or that she was part of any bribery or abuse of official capacity.

“The defense is asking for a direct verdict of not guilty on all five counts because there is no evidence that Judge Arditti received anything of value and there is no evidence she benefitted from any of the allegations,” said defense attorney Stuart Leeds.

“This is a political prosecution and for them (state prosecutors) to end their case the way they did. It shows you how dumb the prosecution is.”

Following a break and the jury not in the courtroom, Judge Smith denied the defense motion for a direct verdict and instructed the defense to begin presenting its case after 1 p.m.

Defense attorneys Leeds and Caballero quickly rested their case without bringing anyone to the witness stand. Jurors were sent home and the judge will listen to motions from both prosecutors and defense attorneys Wednesday morning.

The week-long trial has involved a list of prosecution witnesses, mainly District Court employees, who all admitted to having no personal knowledge of any wrongdoing by Judge Arditti.

The final two witnesses presented by the state were attorney David Beagas, who was the key witness in the federal trial of Barraza.

Beagas, who is a practicing attorney, testified for a second time Tuesday that he was at a meeting with Barraza and his sister Sally Mena when Mena stated the “deal was not going to go through.”

Defense attorneys say the statement is hearsay and have gotten Beagas during cross examination to admit that he has lied to law enforcement investigators.

The final witness on Tuesday was Chad Astrip, an FBI special agent, who testified he and several other federal law officials interviewed Judge Arditti. He said she was questioned about a transfer of cases from the court once run by Barraza to Judge Arditti’s court.

Defense attorney Leeds asked Astrip if there was anything wrong with a judge transferring cases from one court to another. He responded that there was not.

Leeds said Judge Arditti was not subpoenaed by the federal investigators, but voluntarily made herself available to them.

“She answered all our questions,” said FBI agent Astrip before being excused .

 

 

 


Defense rests, does not call witness

The defense in the Regina Arditti case rested this afternoon without calling a witness.


Son Contradicts State’s Allegations

The son of accused Judge Regina Arditti testified Monday that he had no knowledge of an alleged agreement between his mother and another District Court magistrate.

Dante Vance, testifying as a prosecution witness, said the state questioned him in 2009 during a grand jury hearing about a possible nepotism violation against his mother. But he said he was never interviewed or questioned by the state regarding allegations of bribery and abuse of official capacity, which his mother is now facing.

“The state has employed despicable tactics in calling a son to the stand to hurt his mother, to put pressure on the mother to plead guilty so the son won’t be called,” said defense attorney Theresa Caballero.

“Dante told them and the grand jury he didn’t know anything about any wrongdoing, and today he killed the state. He showed the jury the love that he has toward a loving, caring, guiding mother.”

Judge Arditti is on trial for allegedly entering into an agreement with Barraza to hire each other’s relatives. Prosecutors indicted Judge Arditti for bribery and abuse of official capacity after she refused to plead guilty to a charge of nepotism, allege defense attorneys.

Vance revealed during testimony that he lied on the application for bailiff in convicted former Judge Manny Barraza court. He said he was afraid he wouldn’t get the job if it was discovered he was fired from a job in the District Court Clerk’s office.

When Judge Arditti discovered Vance had applied for the bailiff position in Barraza’s court, Vance said, “She just didn’t want me to apply. It was the wrong court. She was afraid.”

Criminal District Court No. 1, which was formerly known as the Impact Court, handles mainly drug cases fraught with violent offenders. Vance told the jury he was attacked by a defendent during court. He said he was forced to tackle the man and push him into the corridor where two jail officers helped him bring the man under control.

In addition, Vance said his mother refused to help him get the job. He testified that he asked her to help, but “she said absolutely not.”

Visiting Judge Steve Smith of Brazos County issued an arrest warrant for Vance on Friday when he failed to appear for testimony after being subpoenaed by the state. According to the summons, Vance was asked to appear on May 2nd, but the subpoena wasn’t delivered until May 3 and was served on fellow employee Robert Thomas, the court reporter in Judge Arditti’s court.

State prosecutors made a motion outside the presence of the jury on Monday, asking the judge not to make the jurors aware of what Assistant District Attorney Joe Monsivais said had been described as the “sloppy” handling of the subpoena. The motion was granted.

Judge Smith withdrew the arrest warrant on Saturday after consulting by email with defense attorney Caballero regarding the errors present in the summons and the problems serving the document.

Vance testified that he went to Barraza’s law office in the Lower Valley where he waited almost 30 minutes to talk to the former judge. After realizing he was not going to get in to see Barraza, he said he handed a resume to Barraza’s sister Sally Mena, who was Barraza’s secretary and office manager for 27 years.

Mena, who was hired as Judge Arditti’s court coordinator, testified last week that she had no knowledge of an alleged agreement, or of the allegations of bribery and abuse of official capacity. Mena is alleged to have been hired by Judge Arditti as part of the so-called illegal agreement.

Prosecutors continued presenting their case Monday afternoon, bringing to the stand the courthouse director of the Human Resources Department. They introduced nearly 30 documents, mainly job applications, Personnel Action Forms known as PAFs, emails and letters requesting authorization from the judge.

The defense argued that the documents do not supercede the authority of a district judge, an elected official with the authority to hire and fire staff at will. Prosecutors introduced the Human Resources paperwork, alleging that the applications and letters were all done after Mena and Vance were hired.

During the questioning of Betsy Keller, human resources director, defense attorney Stuart Leeds established that district judges do not have to follow civil service procedure or courthouse policy when hiring or firing staff.

Keller testified that district judges are elected officials and their staff members are considered “at-will employees,” meaning they can be hired or fired by the judge without cause. She said the judges do not have to follow courthouse policies.

Defense attorneys Leeds and Caballero have described the state’s witnesses as irrelevant, and have elicited testimony from witnesses that they do not have any knowledge of the alleged agreement between Judge Arditti and Barraza. And that the witnesses do not have any knowledge of the bribery or abuse of official capacity allegations brought by the state.

They allege the state’s case is irrelavent, littered with witnesses who know nothing but hearsay, innuendo and rumor. The attorney’s say the case is so bad that even basic details provided by the witnesses are suspect.

During testimony last week, a fellow employee described Vance as scrawny and ill. Defense attorney Caballero, during Monday’s testimony, asked Vance to step in front of the jury, take off his jacket and turn so they could see his physique. Vance, who said he works out at a gym about three times a week, stands almost 6-feet tall and weighs 218 pounds.

“Would you rather have a 66-year old woman as bailiff or a 28-year-old bailiff like Mr. Vance,” said Leeds who had earlier identified an older woman bailiff in a photo entered into evidence.

“They (prosecutors) have nothing. They just want to muddy the reputation of Judge Arditti.”


Son Set to Testify in Mother’s Trial

The magistrate in Judge Regina Arditti’s trial on Saturday withdrew an arrest warrant issued for her son, who was set to testify in the case against his mother for bribery and abuse of official capacity.

Dante Vance, 28, was called to the witness stand Friday, but could not be found in the courthouse where he was asked to be present under subpoena. According to the summons, Vance was required to be present May 2nd and as many days as needed thereafter, but the document wasn’t served, or given to him, until a day later.

“I have talked to the judge and he has rescinded the issue to remand,” said Theresa Caballero, who along with Stuart Leeds is defending Judge Arditti. “Mr. Vance will be in court at 8:15 in the morning on Monday to testify.”

Judge Arditti is on trial for allegedly entering into an agreement with convicted former Judge Manny Barraza to hire each other’s relatives. Prosecutors allege that Judge Arditti agreed to hire Barraza’s sister Sally Mena as court coordinator in exchange for Barraza hiring her son as bailiff.

Judge Arditti is on trial for alleged bribery and abuse of official capacity. Mena and Vance no longer work at the courthouse.

Vance, who had no prior law enforcement experience for the nearly $60,000 a year job, was described by prosecution witnesses on Friday as both scrawny and muscular. Several of the witnesses said he was often absent and often had to be called back to service from a third-floor area of the courthouse parking garage where smokers gather.

Defense attorneys have cried foul, alleging that the District Attorney’s Office has launched a vendetta against Judge Arditti after she refused to plea guilty to a charge of nepotism. They say that the DA is using the trial to make Judge Arditti look bad, and that the prosecutors are receiving help from visiting Judge Steve Smith of Brazos County.

The defense attorneys allege Judge Smith is unfair and is much more lenient with prosecutors, even assisting them with questions during the trial. They say that the state’s case is irrelavent and that witnesses have been coached.

Prosecution witness Martha Banales, a 30-year employee of the courthouse, admitted during testimony Friday that she did not receive a subpoena from the DA to testify in the trial. She said a prosecutor simply telephoned her to come and testify.

It is unclear what prosecutors hope to elicit from Vance during his testimony on Monday. So far only David Beagas, who was the key witness in federal court against Barraza, has testified he had knowledge of the alleged agreement between Judge Arditti and Barraza.

Beagas, a practicing attorney, entered into an agreement with federal prosecutors that gave him immunity from prosecution. He does not have that same agreement with state prosecutors.

During testimony Mena, who was paid more than $35,000 a year as court coordinator, denied having any personal knowledge of the alleged agreement, the bribery or abuse of official capacity allegations.

The other witnesses who have testified, mainly courthouse employees, have also denied any knowledge that they knew about the judges’ agreement, or of the bribery and abuse of official capacity prosecutors have alleged.


Arrest Warrant Issued, Confrontations Continue

An arrest warrant was issued Friday for the son of Judge Regina Arditti, who allegedly entered into an illegal plot to get her son a nearly $60,000 a year job at the courthouse.

Dante Vance, 28, was called to the witness stand, but court bailiffs could not locate their former colleague. Vance was employed as a bailiff for convicted former Judge Manny Barraza.

“The subpoena says he was supposed to show up on May 2 and come back for as many days needed, but the problem is that it wasn’t delivered until May 3,” said Theresa Caballero, who along with Stuart Leeds is defending Judge Arditti.

“This happened with District Attorney Jaime Esparza where the subpoena was dated for a Sunday, but that was just brushed under the rug, no arrest warrant. It was just a mistake, which is what this is also.”

Judge Arditti is alleged to have entered into an agreement with Barraza to hire each other’s relatives. Barraza allegedly hired Vance and Judge Arditti hired Barraza’s sister Sally Mena as her court coordinator.

Judge Arditti, who is on trial, has been indicted for bribery and abuse of official capacity. Both Mena and Vance are no longer employed at the courthouse.

Prosecutors continued pressing their case Friday calling to the witness stand a list of District Court employees, including a retired, 37-year Human Resources worker who took the ID photos for both Judge Arditti and Barraza.

Under questioning by the defense, all of the witnesses admitted to having no personal knowledge of Judge Arditti entering into an agreement with Barraza, or of allowing herself to be bribed or of bribing Barraza, or of committing abuse of official capacity.

“I don’t know any such thing,” said Grace Herrera, a 12-year courthouse employee, when asked if she knew anything about the allegations made against Judge Arditti.

Mena, who testified Thursday, was asked to resign by Judge Arditti and Vance was fired by courthouse overseer Mike Izquierdo, who provided testimony on Friday as a prosecution witness.

Defense attorneys allege that District Attorney’s Office prosecutors are simply parading a slew of witnesses they describe as “irrelevant” to make Judge Arditti “look bad.” They say visiting Judge Steve Smith of Brazos County is biased against the defense and is handling the trial unfairly, leaning toward the side of prosecutors.

Vance, who has been described as both scrawny and muscular, was portrayed by fellow employees as being in poor health and missing work often. In addition, defense attorneys allege that the judge who replaced Barraza didn’t speak directly to Vance, but relayed orders through others, mainly the court coordinator.

Prosecutors and defense attorneys continued lobbing accusations at each other, regarding statements made Thursday that judges were afraid of the DA’s office and that the courthouse was a “cesspool.”

The trial is expected to continue on Monday at 8:30 a.m. with more witnesses from the prosecution. The state listed some 128 individual potential witnesses.

 

 

 


Judge’s Son To Take Stand

The prosecution called accused Judge Regina Arditt’s son to the witness stand Friday but he was not present.

Defense attorney Theresa Caballero explain in court that Judge Arditti’s son was asked to appear in court on May 2, but served the document on May 3.

The trial of Judge Arditti is on its 4th day.