THE TRANSCRIPT OF ERNIE HERNANDEZ TAKING THE 5TH

(Ed.'s Note: Even before Pct. 2 County Commissioner Ernie Hernandez was indicted on eight counts of public corruption, the hearing Nov. 12, 2013 during the trial of his administrative assistant Raul Salazar gives us a glimpse into his way of thinking. Hernandez, who had been subpoenaed by the prosecution, told the court (Visiting Judge Federico Hinojosa) through  his attorney Ed Cyganiewicz that he would not be testifying because he was afraid he would incriminate himself on the stand. The following is a word-by-word recounting of the hearing.)

COURT: Let's get back to Cause No. 2013-DCR-1700 and 2013-DCR-1701, State of Texas versus Raul Garza Salazar. My understanding is that the State has filed a subpoena for Mr. Ernie Hernandez, and there's a question as to whether he's going to be testifying or not. Mr. Cyganiewicz?
MR. CYGANIEWICZ: Good morning, Your Honor. I'm Ed  Cyganiewicz. I represent Mr. Hernandez, who's present. As we discussed earlier, Your Honor, Mr – the State has subpoenaed Mr. Hernandez. It's his intent, since he's – the State's conceded that he remains a target of an ongoing investigation, it's Mr. Hernandez's intent, on my advice, to invoke his Fifth Amendment right to elect not to testify if called as a witmness. He's present to confirm with the Court if the Court wishes.
COURT: All right. The Court does wish that outside of the presence of the jury. Mr. Hernandez, if you'll come forward to be sworn and then take the stanbd. Raide your right hand. Do you solemnly swear the testimony oyu will give will be the truth, the whole truth, and nothing but the truth, so help you God?
THE WITNESS: I do.
COURT: All right. Go ahead and have a seat.

ERNIE HERNANDEZ, having been first duly sworn, testified as follows:
COURT: All right Mr. (Gustavo, Asst. DA) Garza?
MR. GARZA: May I proceed?
COURT: You may.
DIRECT EXAMINATION:\
By MR. GARZA:
Q: Tell us your name, please.
A: Ernie Hernandez
Q: Are you the county commissioner for Pct. 2 in Cameron County?
A: Yes, sir, I am.
Q: And you know that today we're set here in court to select a jury in the trial of Raul Garza Salazar, your first assistant or your administrative assistant, for tampering with government records and abuse of official capacity.
A: Yes, I am.
Q: And the state has subpoenaed you?
A; Yes, sir...

Q: I've receive a letter from Mr. Cyganiewicz that you intend to invoke your Fifth Amendment right if you're called before the jury to testify in this matter before this court.
A: Yes, sir, I do.
Q: And that is your desire?
A: Yes, sir...
COURT: In view of the fact that Mr. Hernandez has invoked his Fifth Amendment right to invoke his Fifth Amendment privilege, then the court will not allow him or force him to testify in front of the jury...

CYGANIEWICZ: I do want to make it clear, Your Honor, that Mr. – if that happens (the State grants use immunity) and the Judge approves it and the State wishes to call him, Mr. Hernandez as a witness, that he'll be able to review his previous statement and previous (before a grand jury) before he testifies just like any other witness would.
COURT: I'll allow that.
MR. GARZA: We will allow that documentation, Judge. We have it ready. Now I don't know if he's going to require half a day or a few hours. It may be a matter of hours...

CYGANIEWICZ: I think there's three hours of video alone.
COURT: Okay."
(Ultimately, Hernandez did not testify in the case and was indicted later for his role in the illegal hiring of his brother-in-law Roberto Cadriel. Salazar was convicted in the above cases and sentenced to 10 months in county jail. He is asking for a new trial and is free on  bond. He has since resigned from his position as Hernandez's administrative assistant. Hernandez is running for reelection in the Democratic primary.)