DA's OFFICE: NO INFO OR ACCESS FOR PUBLIC, JUST FOR DISBARRED LAWYERS AND FRIENDLY MEDIA AND BLOGGERS

By Juan Montoya
Last January, suspecting that there was more than a passing professional relationship between malingering blogger Robert Wightman and the Cameron County District Attorney's Office, we filed a public information request on the emails between him and that office through Public Information Officer Melissa Landin.
Our request – addressed to Asst. D.A. Edward Sandoval – read thus:
"I would like any and all emails between Luis V. Saenz. Luis Saenz, District Attorney Luis V. Saenz and Robert Wightman Cervantes or Robert Wightman, or Bobby Cervantes, Bobby Wightman Cervantes or Bobby.
I would like any and all emails between Melissa Ann Zamora or Melissa A. Landin or Mellissa Landin or Mellissa Zamora Hernandez or Mellissa Hernandez Zamora and Robert Wightman Cervantes or Robert Wightman, or Bobby Cervantes, Bobby Wightman Cervantes or Bobby. Dates requested are from Jan. 1,2013 to Jan. 27,2015."
Well, Sandoval didn't answer, but Asst. D.A. Matthew M. Kendall did on February 3. He supplied us with 302 pages of emails between Wightman and Landin as a cost of $30.20.

Just recently, while looking into the Hector Negrete case which involved criminal mischief involving two Harley-Davidson motorcycles, one owned by Wightman's nephew Emilio Montes – and for which he was seeking some $3,000 from the Texas Victims Compensation Program – we specifically needed the April-May emails between the two again.

Negrete was arrested on March 29, a misdemeanor criminal mischief complaint was filed April 16, a county grand jury indicted him May 8, and he pleaded and was sentenced on June 14. He served 76 days in jail. His court-appointed attorney was Letty Barguiarena.

Then, on August 23, he was brought to court to face a felony criminal mischief charge. Louis Sorola, his new court-appointed attorney,
argued it constituted double jeopardy, Asst. D.A. Gus Garza agreed, and the state moved to dismiss. The court released him based on time already served.

Many local defense attorneys were amazed at the warp speed at which the misdemeanor complaint moved through the system. Usually, they said the cases took months before they were presented to a grand jury, a trial was held, and the case came to trial. A DWI, for example, takes well over six months.

So what gives?, we asked. Was someone with connections in the DA's Office interceding to make the process move faster?

Therefore the request for emails between the DA, the PIO, and Wightman, where we found out – because Wightman didn't reveal it until we posted it – that he turned out to be Montes' uncle.

By May 30, even before Negrete's appearance for a plea June 14, Montes had already filed for compensation under the victims' assistance program and Wightman was asking Landin about the status of the application. Of course, someone failed to notice that the misdemeanor criminal mischief indictment did not involve Montes, but his fellow biker Joe Garcia.

When Asst. D.A. Garza moved to dismiss the case, he was left out.

Actually, what Wightman – a disbarred attorney – didn't realize, was that the victims compensation program does not pay compensation for damaged property or vehicles, just medical expenses past the victims' health insurance coverage. In other words, Montes, through uncle Wightman, was barking up the wrong tree. The AG's Offie appliation for victims compensation clearly states:
"What expenses are not covered by Crime Victims Compensation Program Benefits?
Damage Repair or loss to property or vehicle."

We dashed off an email to Kendall again for the April-May emails between the DA PIO and Wightman and got this reply."

Matthew M. Kendall June 24

"The Cameron County District Attorney's Office does not posses any documents, in any format, responsive to your attached request."
Well, we mulled that over and made a more thorough search of our files for the missing two months and came upon them in a file box. There they are (See graphic. Click to enlarge).
There were some 140 pages (some are repeats) in all for those two months alone.
The communications between the two touched on a diverse variety of topics ranging from Wightman praising Saenz's Operation Bishop, posting press releases on his Brownsville Voice blog for the DA's Office, and many of a personal nature such as inquiring about her and her baby's health and future eight-liner raids he could publicize for "Luis."
But there were other, more disturbing ones where Wightman – a disbarred attorney – used the DA's Office to try to assist his nephew get compensation for his Harley, and to intercede and overturn a verdict against Montes' daughter, Ivana, in her criminal trespass guilty plea to the point where she even got her a $150 refund for court costs and probation.
The other dealt with her ongoing stormy relationship with her ex, one Victor vallade, wtih whom she had a child support complaint and another for domestic violence.
In those cases, he actually directs Landin to arrange a meeting with Saenz and to direct him on what files to bring to the April 9, 2013 meeting (see first email below).

And, after the meeting the same day, April 9 (apparently Saenz did follow directions correctly and brought the right files), a happy Wightman emails Landin that:

THE WIGHTMAN-SAENZ TIMELINE

The docket sheet of the criminal mischief case against Ivana Montes tells the story (11-CCR-0005331).

She had pleaded guilty on April 4 and given deferred adjudication, placed on 9 months probation at $60 a month with a $500 fine and court costs, and ordered to perform 24 hours of community service.

Five days later, on April 9, Wightman met with Saenz.

On April 17, she withdrew her guilty plea and Asst. DA Rigo Flores did not object. The court ordered the dismissal on April 23, and on May 20, the court ordered that she be refunded a $150 payment she had made on the fine and court costs.

Now, with the DA's Office hunkering down and denying the emails exist, more troubling questions arise. Did DA Saenz allow his office to be manipulated by a disbarred lawyer and did he aid and abet him to practice law in Cameron County?