Still upset over the personal recognizance bonds set on four defendants – including Cameron County Tax Assessor-Collector Tony Yzaguirre – District Attorney Luis V. Saenz has filed a motion in magistrate court seeking that their bond be revoked and a cash surety bond of $50,000 be set on them.
Saenz filed a motion to request that the PR bonds be revoked and the men to pay the cash bond for their release.
The motion will be heard by Cameron County Magistrate Alfredo Padilla at 3 p.m. Thursday, Jan. 21, in the 138th District Court at 3 p.m.
Initially, Saenz had also filed a motion to hold an evidentiary hearing the same day an hour before, but cancelled it without an explanation.
Yzaguirre, his Auto Theft Task Force chief Jose Mireles, Sgt. Pedro Garza and tax office worker Omar Sanchez-Paz were arrested January 6 and charged with various crimes.
Yzaguirre was charged with four counts of bribery, a second-degree felony, engaging in organized criminal activity, a first-degree felony, and official oppression, a Class A misdemeanor.Mireles was charged with bribery, a second-degree felony, engaging in organized criminal activity, a first-degree felony, and official oppression, a Class A misdemeanor.
Garza was charged with bribery, a second-degree felony, engaging in organized criminal activity, a first-degree felony, and official oppression, a Class A misdemeanor.
Omar Sanchez-Paz, who was charged with engaging in organized criminal activity, a first-degree felony, and abuse of official capacity, a Class A misdemeanor
All four were booked and released on personal recognizance bond by Magistrate Alfredo Padilla. And, although Saenz told a television reporter that the DAQ's Office had objected to the bond set on them, a participant said that Asst. D.A. Rene Garza only objected to the PR bond set on the first defendant, Sgt. Garza.
Witnesses said that after Asst. D.A. Garza asked that a $50,000 cash bond be set on the sergeant, Padilla said that based on his longtime personal knowledge of the defendant and knowing that he was not a flight risk, he told (Sgt.) Pedro Garza he would set a personal recognizance bond instead.
"Are you going to leave?," Padilla asked Garza.
"No, sir," Garza answered.
"After that, (Asst. DA) Garza did not object to the PR bonds set on the other three, including Yzaguirre," the witness said. "Saenz got it wrong. The DA did not object to the PR bonds on the rest of them."
In his response to the Saenz motion to revoke the bonds, former District Judge Robert Garza, representing Yzaguirre, has already objected to the revocation and wants to know why the case against his client was not presented to a grand jury.
The four have not been indicted by a grand jury as Texas law requires.
Texas law requires that defendants have their first court appearance within 48 hours of their arrest where the prosecutor must file an information on misdemeanor cases but must go to a grand jury on felony charges.
On a misdemeanor charge, the prosecutor will file an information, the official charging document describing the crime the state alleges you committed. For felony charges, Article I, Section 10 of the Texas Constitution requires prosecutors to go to the grand jury to seek an indictment before officially filing criminal charges.
Defendants' counsel may try to end the case right there by presenting a written argument against the criminal charges to the grand jury. In some extreme cases, they might even ask that their clients be allowed to testify in front of the grand jury. However, it is unlikely to avoid an indictment when the case goes to a grand jury.
Witnesses who have seen Saenz's petition say the document covers all of 10 pages and relied heavily on the fact that Yzaguirre, the lawmen, and the tax office clerk violated a public trust and therefore must be held to a higher standard than the common criminal. He also said that the proximity of Cameron County to the U.S.-Mexico border increased the risk of flight.
However, the men's attorneys have already filed their answer to Saenz's motion through Padilla's office and dispute those assertions.
"Tony is here. So is Mireles, Garza and Sanchez-Paz," said a local attorney. "They're not going anywhere. Saenz is just mad that his publicity stunt didn't go like he wanted it to."
Both Yzaguirre and Sanez are seeking reelection in this March 1 primary of the Democratic party. However, Yzaguirre did not draw any challengers in the primary and no Republicans filed for tax assessor-collector. Saenz, however, is facing a stiff challenge from attorney Carlos Masso who he narrowly defeated four years ago after a runoff. Republican Jeremy Sorelle, who is running on an anti-corruption platform.
Also in dispute is the role that the DA's Office said the the FBI, the U.S. Drug Enforcement Administration, Homeland Security Investigations and the Brownsville Police Department played in the investigation and arrests.
Sources in those entities say the raid by Saenz and the Texas Department of Public Safety and the Texas Rangers, came as a complete surprise to them. They say that Saenz pulled the trigger prematurely.
"The FBI, the DEA and the Brownsville PD didn't know that Saenz was going to raid the office and effect the arrests before it happened," said one. "The feds felt that the case wasn't ready to get to that point."
Garza, Yzaguirre's attorney, told media representatives at a press conference on Monday, when he returned to his office, that the arrests and raid were a publicity stunt and part of Saenz's political campaign to get reelected.
""The charges are based on events that supposedly occurred in September of last year. However, that did not stop Mr. Saenz from arresting me at my office, searching my home and office, and releasing information to the public that is intended to imply guilt," Yzaguirre read from a prepared statement. "By doing these things, Mr. Saenz is trying these allegations before the public and not in a court of law. All this was done poorly and unprofessionally. I ask that the citizens of this county hold off judgment until all the facts have been presented."
Yzaguirre vowed to remain in office until he's acquitted.
In the public mind, the "Operation Dirty Deeds," which focused on questionable land transfers by former tax office employee Tony Menchaca, now owner of a Loma Alta Investments and last week's arrests are linked.
Loma Alta is shown to have purchased nearly 4,000 properties, some in risk of being sold at auction for delinquent property taxes.
Last week investigators executed search warrants at the Tax Assessor-Collector's Office, four businesses and two homes. In Yzaguirre's case, his personal and office cell phone and personal computer as well as office files were hauled away.
"There is no link between the property cases and the car title cases," said a lawyer. "Saenz is trying to link the two together and there is no proof that is the case here."
Padilla could continue the PR bond, grant the DA's Office the motion to place $50,000 bonds on the men, or dismiss the cases.
""The charges are based on events that supposedly occurred in September of last year. However, that did not stop Mr. Saenz from arresting me at my office, searching my home and office, and releasing information to the public that is intended to imply guilt," Yzaguirre read from a prepared statement. "By doing these things, Mr. Saenz is trying these allegations before the public and not in a court of law. All this was done poorly and unprofessionally. I ask that the citizens of this county hold off judgment until all the facts have been presented."
Yzaguirre vowed to remain in office until he's acquitted.
In the public mind, the "Operation Dirty Deeds," which focused on questionable land transfers by former tax office employee Tony Menchaca, now owner of a Loma Alta Investments and last week's arrests are linked.
Loma Alta is shown to have purchased nearly 4,000 properties, some in risk of being sold at auction for delinquent property taxes.
Last week investigators executed search warrants at the Tax Assessor-Collector's Office, four businesses and two homes. In Yzaguirre's case, his personal and office cell phone and personal computer as well as office files were hauled away.
"There is no link between the property cases and the car title cases," said a lawyer. "Saenz is trying to link the two together and there is no proof that is the case here."
Padilla could continue the PR bond, grant the DA's Office the motion to place $50,000 bonds on the men, or dismiss the cases.
20 comments:
Its all a plan from the DA, he just wants to book them into jail again to make headlines for his re-election strategy plan.
AS WE SAY; THE FOX DON'T SEE IT'S TAIL;LOOK WHAT THE D.A. HAS WORKING IN HIS OFFICE, THE OTHER ASST.D.A. GARZA;AKA;WIFE BEATER FROM THE OTHER COUNTY,AND THE TOWN OF RAYMONDVILLE, EX-D.A.SO WHO'S ON FIRST? WHEN ARE WE GOING TO HAVE A COUNTY, THAT WHEN NEWS REPORTS IT'S GOING TO BE GOOD NEWS/
Chingado ! Cameron County taxpayers get shafted yet again by our elected officials ! One is guilty as all hell on all charges and much more, the other one is a pendejo who can never get a conviction because of his stupidity . ...the more things change, the more they stay the same......somewhere out there , Villalobos is laughing his ass off.
LUIS SAENZ ES MOI MAMON E MOI PENDEJO
You can't blame Luis Saenz for the PR bonds on these crooks? The one to blame is that loud mouth fat ass in Alfred Padilla, a DEFENSE attorney and buddy-buddy to Robert Garza. It was not surprising that he gave PR bonds? I suspect that the Probable Cause affidavit played into it since it is kind of lame BUT the crooks did take money for a bribe. I just hope that there are more charges because their has to be on this piece of shit Tony. The Feds need to adopt charges so they can force that piece of shit out of office.
You are wrong !! Tony is connected to lots of illegal shit just you wait !! There is more to come
We all know that we the people demand to be treated equally and fairly I lost all respect for that judge Padilla for giving then preferential treatment!! He was out of line and should be removed from his position as judge what a joke !! Besides never being at his job and now his incompetence please !!!!!!!!
If he wants to make headlines...then let him set an example with his nephew and niece
they still have to p in a cup right?
I AM SO GLAD THAT I NO LONGER WORK FOR THE COUNTY...IT'S SUCH A CORRUPTED PLACE WITH ALL THOSE CORRUPTED SNAKES WORKING THERE!!!
" Saenz's petition relied heavily on the fact that Yzaguirre, the lawmen, and the tax office clerk violated a public trust and therefore must be held to a higher standard than the common criminal."
Saenz believes in higher standards for elected officials? Ha since when. He let Ernie Hernandez walk. Why has he not convicted the candidates who hired the politiqueras in the 2012 FBI raid? Why has he not lifted a finger in 4 years to address the cesspool at BISD? Why did he let the JP take $800 and sell illegal marriage waivers? Why is he allegedly against spouse abuse, but let Jessica Tetreau go after her husband had cuts on his face and police were called for the 4th or 5th time? Or as Rrun Rrun reports, when a disheveled Rene Oliveira was caught calling from Cheddar's Restaurant down the street, while the girl friend was arrested for DWI, after his uninsured car was in another auto accident. Or the Casa Nylon property scam on taxpayers?
Higher standards.
The DA office should have an assistant DA or the DA himself present during the arraignment phase to object to the PR release. But the people think that luis Saenz is being straight forward on this and he's not. Now luis sees that there's an public outcry and therefore he must now react to make himself look like the working DA.
Here is the theory. It is basic civics. Under our system of justice we are presumed innocent until proven guilty. It should follow that it would be repugnant to jail an innocent person even pending trial. So we have devised a way to protect society and the rights of the accused. We use a system of bail/bonds. The purpose of the bail/bond is to insure that the accused will appear at trial. If you don't appear for trial you lose your money and are subject to arrest for failure to appear. If the court believes the defendant will appear at trial they can set a low bail or even release the accused on their promise to appear or, in other words, on personal recognizance. If the court believes the defendant is a high risk to not appear for trial and/or is a continuing threat to society it can set a high bail or no bail at all. Does anybody realistically think Yzaguirre is not going to appear for trial,that he is going to flee the jurisdiction? So, if you believe people in our society are innocent until proven guilty and if you reasonably believe they will appear for trial and that they will not be a threat to others a low bail or a PR release seems reasonable. It may not feel good or be satisfying but it is right under our system of justice. If they are convicted, revoke the bail and punish them then. Of course, sometimes it doesn't work. Remember when the county clerk in Hidalgo County was arrested, was out on bail or PR, I don't remember which, jumped bail and failed to appear for trial. He was caught and given a bail of $1,000,000. He jumped bail again and hasn't been seen since. I've always wondered if the court ever collected the bail.
Unfortunately our District Attorney isn't the sharpest tool in the shed. But, maybe, just maybe if he would have been present when the 4 were being magistrated, he could have objected. Problem is that his ego and need for headlines had him making a big press conference at the courthouse. You are your own worst enemy Luis. And because of that you will be out of office soon. Adios! Y hasta nunca!
please!!!!!!!! how stupid ..flee to mexico!!!WTF... all of mexico is coming to the United States......hahahahahaha Saenz.
let me set the record straight-Tony the tiger Yzaguirre and Alfredo Padilla go back a long time sine 1980s when Padilla worked with the city of Brownsville delinquent tax attorneys, come on folks its just a small payback-those PR bonds. So luis you can jump and shout all you want, but it wont happen, just milk it all the way to the march elections, and then make the plea deal with tony, slap on the wrist, resign/retire etc and tony keeps his retirement pension. Right?????
In regards to the so called "basic civics" , that comment is a joke. Cameron County, where the crime was committed has had a convicted, district judge, convicted district attorney, many co-conspirator assistant DA's. One of those lead co- con- assistant DA was this so called magistrate judge Alfredo Padilla. Under oath he testified I followed the orders of "my boss" Armando Villalobos. Who's orders is he following now?
Chinga tu madre Saenz.....tu y Cortez y Delaney some culeros chuecos.
Tony fled to mexico, se muere el maricon por favor.
From above 3:55 If the court believes the defendant is a high risk to not appear for trial and/or is a continuing threat to society it can set a high bail or no bail at all.
Allowing him to return to the tax office is a financial threat to the community. Maybe PR bond is correct call but disappointed that he has not been placed on administrative leave by his employer. With the affidavits that were filed, there is cause for preventing further access to any and all taxpayer assets.
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