A legal tug-of-war has resulted over DNA evidence used by former Cameron County District Attorney Armando Villalobos to convict Mazz frontsman Joe Lopez in 2006.
In the latest salvo in the case (NO. 2013-DCL-00210-I), Lopez's appellate attorney Timothy Hootman filed a motion June 10 in the 445th District Court to compel a deposition from a member of the DA's office who has personal knowledge of the timeliness of the A key fact issue in this case is the date that the office of the timeliness of the DA's office to repsnd to the release of the evidence.
When Joe Lopez requested the evidence, his attorneys stated that Vilklalobos failed to respond to their request in a timely manner and that as a result the state had waived certain rights.His successor Luis Saenz has taken the position that Villalobos had requested an Attorney General opinion letter in a timely manner, despite the finding that the Attorney General stated in its opinion letter that respondent's answer to the request was not timely.
"Untimeliness results in waiver of certain defenses that respondent, would otherwise be entitled to assert," Hootman charged in his motion.
Lopez then requested dates to take the deposition "of the person in respondent's office most knowledgeable about the timeliness of the request for an Attorney General opinion letter, but was told that no such person would be provided for deposition absent a court order."
He is now requesting that the court to order respondent to make available for deposition the person in respondent's office most knowledgeable about the timeliness of the request for an Attorney, and asks the court to compel the DA's office to produce the person and make him available to be deposed by Lopez's attorneys.
The DNA evidence has become central to the Lopez appeal because his supporters say that the DNA evidence that was presented at court may have been contaminated because a p[air of shorts allegeldy containing bodily fluids had been mixed together with the family's other dirty laundry in a plastic trash bags some three months before it was introduced at trial.
The Lopez defense team included local attorney Mike Trejo, who during the Villalobos bribery and racketeering trial, was said by the government to have acted as a conduit for a referral fee by attorneys the law firm of Michael Cowen and Conrad Bodden for Villalobos referring a 2005 civil case involving his sister-in-law’s death.
The case was settled for a substantial amount in April 2006. According to prosecutors, Villalobos received a referral fee in two checks, one for $60,000 and the other for $96,000.
The $60,000 check was made payable to attorney Trejo, who was not involved with the case, but funneled the money to Villalobos, the court record states.
Lopez's family said that when the DNA evidence was introduced by Villalobos at his trial some three months later, neither Trejo nor his fellow counsel Michael Young introduced rebuttal witnesses to question the validity of the evidence.
Later, they said that they had hired a private investigator who said he had gathered enough evidence to call the validity of the DNA samples into question. That investigator said he had the evidence but was awaiting a payment from the singer and would not release it without the payment or consent.
The case was settled for a substantial amount in April 2006. According to prosecutors, Villalobos received a referral fee in two checks, one for $60,000 and the other for $96,000.
The $60,000 check was made payable to attorney Trejo, who was not involved with the case, but funneled the money to Villalobos, the court record states.
Lopez's family said that when the DNA evidence was introduced by Villalobos at his trial some three months later, neither Trejo nor his fellow counsel Michael Young introduced rebuttal witnesses to question the validity of the evidence.
Later, they said that they had hired a private investigator who said he had gathered enough evidence to call the validity of the DNA samples into question. That investigator said he had the evidence but was awaiting a payment from the singer and would not release it without the payment or consent.
7 comments:
The case should be dismissed against Lopez. All the bad dealings of Villalobos has tainted the legal process. The evidence is there of the corruption by the DA's office.
If a dirty cop can jeopardize the credibility of a case (Hidalgo County drug case) then 100 times over a Dirty DA and participants destroys all credibility of a case. There is no justice.
Make the right move and set things right.. dismiss the charges against Joe Lopez and those cases that were extorted by the DA and his pals.
Hey Montoya, if this so=called private investigator has got some evidence to indicate that the DNA was contaminated then why doesn't the family or appellate attorney pay for this crucial evidence to clear child molester and rapist Joe Lopez? I would think that if this so-called PI had evidence to clear or justify Lopez, then someone or the idiot followers who think he is innocent PAY for it? This is a lost cause because Lopez has exhausted all appeals and his attorney is very much aware of that! To the idiots or the Lopez family who have paid this attorney, you threw away good money! I was present when the trial was prosecuted and JOE LOPEZ is guilty! The victim has moved on so why can't JOE LOPEZ move on? They should have used that money to pay his child that he had with that minor from San Antonio? YOu know Joe, the one that testified against you at the punishment phase of the trial!
So? Keep this clown in prison.
"His successor Luis Saenz has taken the position that Villalobos had requested an Attorney General opinion letter in a timely manner, despite the finding that the Attorney General stated in its opinion letter that respondent's answer to the request was not timely."
Clearly the current DA has trouble understanding things, even when information is right in front of him
Hey former county employee your very stupid for posting if you worked for the county it can really bounce back and bite you in your buttocks calling his fans and family idiots , Dang you remind me of Krys Chavez on FB who likes to post on topix !
Saw our illustrious DA on TV this week talking about his efforts to save kids in hot cars. His public relations rep, Melissa Zamora has had him out taking down 8-liners, fighting against spousal abuse, and now keeping kids out of hot cars. The DA has also decided to re-try former Harlingen Commissioner who he failed, as a prosecutor to convict. Melissa has gotten his moustache on billboards, but Luis Saenz has done little to prosecute "real" criminals in Cameron County. We also know is wife is related to Aurora de la Garza; so we can't expect him to take action against her corruption. Still the same Dumbokratic Party corruption and favoritism.
@June 25, 2012 at 1:20 PM
You must be an "idiot" to attack the victim in this case? You must be a "bigger idiot" if you are contributing to this ridiculous lawsuit or the odds against a Texas Supreme Court review?
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