After months of wrangling with the Cameron County District Attorney's Office over acquiring access to the DNA evidence used in his 2006 conviction for sexual assault and indecency with a child, a judge has ruled that Jose Manuel Lopez – Joe Lopez of Supergrupo Mazz – can depose prosecutors most knowledgeable with the use of it in the case.
At the core of Lopez's request is his contention that former Cameron County District Attorney Armando Villalobos may have fabricated the DNA evidence used to convict him and that at least one of his defense attorneys was in cahoots with the prosecution by not having the DNA subjected to independent analysis at the time of the trial.
Defending Lopez were Michael Young and Michael Trejo.
Trejo's role, in particular, has been questioned by Lopez's supporters. They say that testimony in the Testimony in the case of convicted 404th District Judge Abel Limas in the federal racketeering case indicated that Villalobos used Trejo as a conduit for kickbacks from a personal injury case only three months before he faced off against the former DA in the Lopez case.
Villalobos was convicted of racketeering, conspiracy to commit racketeering and five counts of extortion, while acquitting him of two other counts of extortion last March and is currently awaiting sentencing. Limas was sentenced to six years in prison following his conviction for racketeering. in federal court.
Lopez had originally contracted with Robert (Bobby) Lerma and Bennie Ray, of Austin, when his music manager Eddie Peña said he was a client of Mike Trejo and Michael Young and that they, as buddies with Villalobos, they had the inside track with him and could almost guarantee him that they could get all the charges dropped against him.
Lopez decided to put his trust on Trejo and Young because of their alleged closeness with DA Villalobos. The charged him a fee of $35,000.
Trejo, it was later learned, during the Abel Limas corruption and racketeering case,was one of a score of Cameron County attorneys who had "donated" large sums of money to Limas for unspecified reasons other than Abel was hurting for cash.
Lopez decided to put his trust on Trejo and Young because of their alleged closeness with DA Villalobos. The charged him a fee of $35,000.
Trejo, it was later learned, during the Abel Limas corruption and racketeering case,was one of a score of Cameron County attorneys who had "donated" large sums of money to Limas for unspecified reasons other than Abel was hurting for cash.
And, in a supplement to the Villalobos indictment, the government chrged that Villalobos referred a 2005 civil case involving his sister-in-law’s death to the law firm of Michael Cowen and Conrad Bodden. 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 Michael Trejo, who was not involved with the case, but funneled the money to Villalobos, the court record states.
The reason that Trejo did not object to the DNA evidence – nor introduced statements by the victim's father contradicting her statements – was because he was acting in collusion with Villalobos, Lopez's supporters claim.
They say that the "evidence" used in the trial was gathered from shorts that belonged to the victim and which had been mixed with the family's dirty laundry in a plastic trash bag for at least three months. That raises issue of contamination and deterioration of the DNA that have never been addressed, they say.
Additionally, the family said that findings by a private investigator indicated that no DNA existed to tie Lopez to the crime. That evidence still exists, they say, but have no money to pay the investigator to produce it.
The use of the DNA first became suspect after family members discovered that Villalobos had used questionable DNA evidence in a previous case to get a conviction. That case was the Amit Livingston murder case where former Texas Ranger investigator (now Edinburg Police Chief Rolando Castañeda) testified that he had not found semen on a pair of the victim's jeans. Castañeda was questioned by the a Asst. U.S. Attorney on the gathering of DNA evidence in the case.
Castañeda at the time answered that although they had found no semen evidence on the jeans of the victim, he said that later semen evidence presented by the prosecution was "made up."
In fact, the DNA evidence on the victim's pants was never tested. Villalobos did not know if she was wearing the jeans the day of murder. The report indicated there was semen on the pants, but that there was no testing. In fact, they were never turned over to the defense until one week before the trial. By that time, the DNA could have degraded.
"If Villalobos made up DNA evidence in the Livingston case, what's there to stop him from using it against Joe," said his brother Raul. "We know (current DA) Luis Saenz has to defend his office, but we can't understand why Joe isn't allowed to examine it."
Saenz has indicated that he felt allowing Lopez to retest the DAN evidence because his attorneys did not conduct an independent analysis at the time would show special treatment and would will open the door to other defendants who would ask to retest evidence in their cases as well.
Transcripts of the Asst. DA's deposition will be available after they are transcribed according to Lopez's appeal attorneys.
In May, 2010, the appeal for a new trial for the 61-year-old musician who is serving a 32-year prison was turned down – but not dismissed – by the Texas 13th Court of Appeals. Lopez is eligible to apply for parole in 2016.
The $60,000 check was made payable to attorney Michael Trejo, who was not involved with the case, but funneled the money to Villalobos, the court record states.
The reason that Trejo did not object to the DNA evidence – nor introduced statements by the victim's father contradicting her statements – was because he was acting in collusion with Villalobos, Lopez's supporters claim.
They say that the "evidence" used in the trial was gathered from shorts that belonged to the victim and which had been mixed with the family's dirty laundry in a plastic trash bag for at least three months. That raises issue of contamination and deterioration of the DNA that have never been addressed, they say.
Additionally, the family said that findings by a private investigator indicated that no DNA existed to tie Lopez to the crime. That evidence still exists, they say, but have no money to pay the investigator to produce it.
The use of the DNA first became suspect after family members discovered that Villalobos had used questionable DNA evidence in a previous case to get a conviction. That case was the Amit Livingston murder case where former Texas Ranger investigator (now Edinburg Police Chief Rolando Castañeda) testified that he had not found semen on a pair of the victim's jeans. Castañeda was questioned by the a Asst. U.S. Attorney on the gathering of DNA evidence in the case.
Castañeda at the time answered that although they had found no semen evidence on the jeans of the victim, he said that later semen evidence presented by the prosecution was "made up."
In fact, the DNA evidence on the victim's pants was never tested. Villalobos did not know if she was wearing the jeans the day of murder. The report indicated there was semen on the pants, but that there was no testing. In fact, they were never turned over to the defense until one week before the trial. By that time, the DNA could have degraded.
"If Villalobos made up DNA evidence in the Livingston case, what's there to stop him from using it against Joe," said his brother Raul. "We know (current DA) Luis Saenz has to defend his office, but we can't understand why Joe isn't allowed to examine it."
Saenz has indicated that he felt allowing Lopez to retest the DAN evidence because his attorneys did not conduct an independent analysis at the time would show special treatment and would will open the door to other defendants who would ask to retest evidence in their cases as well.
Transcripts of the Asst. DA's deposition will be available after they are transcribed according to Lopez's appeal attorneys.
In May, 2010, the appeal for a new trial for the 61-year-old musician who is serving a 32-year prison was turned down – but not dismissed – by the Texas 13th Court of Appeals. Lopez is eligible to apply for parole in 2016.
2 comments:
loser. he raped a minor.
The legal system is no longer about justice. It is about winning. If it was about justice every DA would be eager to offer up anything that would shed light on a case whether it indicated guilt or innocence.
Now days, no matter what, someone has to take the blame.
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