The attorneys for Austin lawyer Marc G. Rosenthal indicted on federal racketeering charges related to the case against former state District Judge Abel C. Limas and former state Rep. Jim Solis and others ask a good question.
In seeking a dismissal of the charges against their client, they ask: Just how many kingpins can there be in the case involving the same alleged crime?
Federal prosecutors have already secured plea-bargain convictions against Li
mas and Solis where they admitted extorting Rosenthal, say his attorney Ernesto Gamez Jr. of Brownsville and John Patrick Smith of Houston.The motion for dismissal was filed Friday and lost in the Charro Days hoopla engulfing Brownsville.
Gamez and Patrick called the indictment “fatally flawed” because the U.S. Attorney’s Office has already secured the guilty pleas from other defendants that are now contained in the charges against Rosenthal, charged in a 13-count indictment with racketeering, tampering with a witness and proceedings, extortion and mail fraud.
"Just how many kingpins can there be in one case involving the same acts?" asked an attorney at the county coffee shop on Monday. "Gamez and Patrick ask a good question. If in his zeal to secure a plea bargain Abel oversold the goods, is that legitimate?"
The attorneys, according to a report in the Brownsville Herald by reporter Emma Perez-Treviño, say they will seek information to determine if the information the U.S. Attorney’s Office presented to the grand jury constituted prosecuto
rial abuse to convince the jury to bring the indictments against their client.“The government as a matter of law cannot allege two leaders in one racketeering enterprise and use the same overlapping and common facts,” Gamez wrote in the motion.
In a curious turn of events, Gamez also charged that Limas had in a sense "overpleaded" to offenses he could not have possibly committed to protect his family – his wife and son – from going to prison in the case.
"In one instance Limas pleaded guilty to setting a case, but as a judge he cannot possibly set the case," said another lawyer. "That is up to the courts administrator. If I was trying to keep my son and wife from going to prison, I would probably do the same thing.
Prosecutors have yet to file a response to the petition for dismissal.
36 comments:
Gamez motion makes no sense. What he seems to argue is that in a conspiracy to extort, one guilty plea, or two guilty pleas, should be enough, and it isn't necessary to prosecute any remaining members of the conspiracy.
Let me give Mr. Gamez a tip: Get that retainer in cash "up front" before your client reads what you filed and refuses to pay for your work.
It isn't a matter of being a leader it is a matter of being a Principal in the crime. There is no limit to the number of principals in a crime. Don't take this suff seriously, it is just the Defense trying to taint the jury pool.
Asinine petition. Applying the same perspective would mean anyone who ever hired a hit man that "overpleaded" could never be charged with a crime.
Marc G Rosenthal is Innocent!!!!!
Finally the truth come out! Thank you Mr. Rosenthal for what you have done for the brownsville people. Im sure everyone knows what really happened. This is just people trying to take advantage of a good person.
We all knew this was all bull shit they were just blaming rosenthal to cover their own asses. Im glad this is finally getting resolved.
We all knew this was all bull shit. They were just blaming rosethal to cover their own asses. Im glad this is finally getting resolved.
Mark Rosenthal not involved? Really? So, the cases listed in the indictment that limas "helped" were rosenthal cases, yet rosenthal wasn't involved? Really? So, water isn't wet? The sky isn't blue?
Rosenthal is as innocent as his lamborghini was tasteful....Rosenthal is as innocent as his wrestling mask was tasteful....rosenthal is as innocent as his girlfriends boobs were real...
The table haVe turrn and truth is coming out !!!!!
Gamez and his usual tactics: smoke, mirrors, threats, unintelligible garbage, calls in a few markers, a calabacita or two, Dallas Cowboy tickets, his special ministerial blessing, the case gets moved around from court to court, till the right judge is found and then poof!! the case disappears due to a technicality. Case closed.
to anony at 7:35: Yeah, pretty much...
When men are innocent, life shall be longer, and shall pass into the immortal, ... to just do something, I wouldn't say innocent, but to not have any care in the world. Lots of ... He terrorizes our enemies abroad and innocent citizens here at home
Marc G. Rosenthal a hero to the Brownsville community .To others persons who everyone'wants a piece of him.I ask myself why do they want frame an innocent man when all he has ever done is give his heart to the City of Brownsville.He donated gifts to children this Christmas .He gave them hope to see they are are still some good people on this world .Shame on the people who are trying to frame him.
Omy God!! I am so sorry Mr.Rosenthal A clear and innocent conscience fears nothing.I am glad that this came to the public. I kind feel bad how some local business owners are trying to frame you also for something you did not do.
A man who was completely innocent, offered himself as a sacrifice for the good of others, including his enemies.We know you are innocent Mr.Marc
Marc innocent in a lot of ways. He's a very simple person who really doesn't have the resources or the strength, ultimately, to handle the situation.
I really feel like the sky is the limit with the Innocent Criminals today.
Only the old are innocent. That is what the Victorians understood, and the Christians. Original sin is a property of the young. The old grow beyond corruption very quickly.
@ Anonymous February 28, 2012 4:00 PM So, water isn't wet? The sky isn't blue?
The answer to your question is, NOT ALL THE TIME! have you ever seen water droplets dry up? and also the sky is not always blue, it can be white, red, gray or black. It depends on the situation.
Miserable people always want to believe bad thing about others in order to feel joy. It is like they say, You can SEE people doing acts of kindness and can not believe in their good heart, yet as soon a you HEAR something bad about them you just want believe…
But it is ok, miserable people will always rejoice in misery, and blessed people will always have the right attitude, regardless of how bad the situation is.
So keep having fun with life’s miseries while others rejoice with blessings! yes even when the water is dry and the sky is dark :-)
Have a great day!
Looks like Cheezmeh bent over for Rosenthal.
Mental note...if I give cars to underprivileged people and give money to charity, then I too can break laws with impunity. Got it.
DID LIMAS ALONG WITH AURORA SET THE CASES? HUMM????
"In one instance Limas pleaded guilty to setting a case, but as a judge he cannot possibly set the case," said another lawyer. "That is up to the courts administrator. If I was trying to keep my son and wife from going to prison.
Nero gave bread to the Roman crowds while watching the Christian get fed to the lions and burned as torches to illuminate the collosium. What a good emperor, yes a saint.
how come all the supporters are registered with names?
Hey idiotas: Educated people know that Jim Solis and Abel Limas are scum of the earth politicians who framed Rosenthal so that their sorry asses will only rot in prison for five years instead of 25 years. Rosenthal is the most effective lawyer against insurance companies and Big Business, he gets the biggest awards. The railroad and The Rodriguez, Colvin, Chaney firm fear him. The law firms in the Valley that represent our oppressors finally got the US Attorney's Office to frame him so they could weaken him. We should be supporting Rosenthal. Instead, we have retards in our community, like Anonymous at 01:45 PM, who make uneducated and embarrassing comments. Okay, now that you have read my comment, go back and stick your head in the sand, or wherever it is you like to keep it until the next episode of American Idol is on.
Aurora! Come here you wicked bitch! Bring that fucking portrait from the County building while you are at it. We won't be needing it.
Gamez is nothing more than "hot wind" and all in Brownsville knows that he represents those who can pay and majority of the time plea guilty. Time will tell if Rosenthal is innocent? Limas and Solis did what only others would do, protect their families! Yea, the son and other relative are just as guilty but at who beckoning? Limas put them in the line of fire but he is the one who started the corruption! All those who got caught up in it knew what they were doing at the time the corruption wheel started turning!
Limas Limas do the right thing and spill the beans on the other judge the fat f...
You know he don't deserve to stay on the bench and do the right thing and either inform the voters
or
tell all on the idiot Judge you keep protecting.
The fat f . . . thinks his talk talk talk on the bench can save him from the feds.
a la madre!!!!! quien chingados eres vato para estar poniendo mamadas y medias.....cuando chingados te conoci y porke usas mi pinche perfil para defenderte....u dont know what u just started.....ATTENTAMENTE! EL VERDADERO MOMO SANCHEZ LA RUE!
*** i certainly do not appreciate ur wrongfull doing of illegaly using my name and posing urself as i and making such comment to u being innocent knowing ur not and attempting to make ME look bad with the businesses i work with. This is ur one and only warning before i take actions with authorities!
Thank You
THE REAL JOSE PERALEZ
I'm the real LAURA SAYAS!!! And someone has illegally used my name in this blog to post a comment that I have never posted....I'm taking legal action against the person that has done this to me!!! I've already turned this over ti the authorities!!!
To "Anonymous" at 2:45pm on March 5: You say that you are "the real Laura Sayas". You are a liar. I'm taking legal action against YOU! I am in love with Marc Rosenthal. You can't have him! You are loco.HAPPY BIRTHDAY MARC
..
Marc is professed "innocent" at 2:23 p.m., 2:56 p.m., 3:01 p.m., and 3:04 p.m... Then he got busy with a few conference calls, a workout routine, and some candy. Woke up in the middle of the night and is "innocent" again at 12:35 a.m., 12:42 a.m., 12:47 a.m., and 12:51 a.m. LOL. Classic senor Rosenthal.
To anonymous march 6th 12:33pm
I do believe marc rosenthal is just a little bit too busy on other cases, then to be on an internet blog trying to convince his innocence to obvious morons like yourself, who have NO saying on his case..... Don't you think??
You don't know MARC. He takes the time to write long winded personal attacks to everyone he has worked alongside and against including Judges. He has fired just about every single attorney who has worked for him and his behavior is erratic. I will make anyone a bet that he will flee the country to avoid standing trial.
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