By Juan Montoya
It took less than half an hour Thursday for Magistrate Alfredo Padilla to deny the Cameron County District Attorney's motion that he should set aside a personal recognizance bond on a first-degree felony charge of engaging in a criminal enterprise on n Cameron County Tax Assessor Collector Tony Yzaguirre and three other co-defendants.
Asst. D.A. Rene Garza argued that according to state statute, Padilla could not issue a PR bond on the first-degree felony and should let the district judge who signed the arrest warrants to set bond on that charge.
Padilla countered that as the judge in the court, state law gave him the discretion to set bonds as he saw appropriate on the defendants.
"It doesn't matter who they are, whether they hold public office, work for the government, or if...they don't." he told Garza. "I have issued PR bond on other people before. A bond is not to punish somebody, it is to make sure they appear in court for trial."
All four men and their attorneys were present for the hearing.
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.
Padilla set a $50,000 PR on the felony charges and $10,000 PR bonds on all the misdemeanor charges on the four men.
Garza said that state law prevented him from setting a PR bond on all four men on a first-degree felony, and that Padilla should revoke their bond on that charges and allow 404th District Judge Elia Cornejo-Lopez to set it.
Padilla countered that it was within his discretion to set a cash bond, a PR bond, or no bond at all. He told Guerra that if the DA's Office had sought an indictment, or had the case had been issued a number in a district court, then he would have no jurisdiction.
"But you chose not to get and indictment and didn't seek a case number to be filed in a district court before the warrants were issued," he said. "You decided not to use that direction."
Some law enforcement sources have said that the choice made by DA Luis V. Saenz to have the men arraigned before Padilla on informations and probable cause warrants signed by Cornejo-Lopez had precipitated the process. Federal agents and Brownsville police have said they were not told of Saenz's move although as part of a joint task force, they were called to assist in the arrests and seizing of evidence January 6.
Saenz – who held a press conference on the day of the arrests – did not appear at either the initial arraignment or the motion to revoke and allow another judge to set bond on the first-degree felony charge.
At times, Asst. D.A. Garza was argumentative with Padilla as he pressed his case to convince him that another court should have jurisdiction.
"You are saying that I am without authority to set a PR bond?" Padilla asked.
"We are asking that you should set that aside and set a $50,000 bond..." Garza said.
Garza, Yzaguirre's attorney, objected to the state's argument and told Padilla that DA's motion before the court did not include a finding of fact or stated the state was going to argue that the court had no jurisdiction.
"There is nothing in this motion about that," the attorney said. "This is a complete surprise and it goes outside the motion they filed."
Mervin Mosbacker, Mireles' attorney, echoed Garza's statements and told Padilla that his was the only court where the cases were pending, not in Cornejo-Lopez's court.
"If you didn't think that I had jurisdiction, you could...take it somewhere else," Padilla told Asst. DA Garza. "The motion is denied."
20 comments:
folks padilla and tony go way back to when tony the tiger worked at the tax office at the city of Brownsville, really padilla should recluse himself in all fairness
The fix is in Juan, I don't know about Luis Saenz. With all the experience he talks about. I think he could have worked this better, aber que pasa.
Bet if it was me I would not even get a bond....
Brownsville is a corrupt society led by criminal hispanic democrats.
Are Rene Garza and Luis that fucking stupid?
This is unfair justice pure and simple !! Padilla needs to be replaced commissioner court need to act to remove this incompetent piece of shit still doing favors for his buddies blatant corruption
Once again Luis Saenz has fucked up. He is so fucking incompetent. Padilla, as much as I dislike his granting PR bond, is right. His is the court with jurisdiction because the incompetent DA Luis Saenz has not gotten an indictment, as state law requires.
Either that or, Saenz is playing this beautifully for himself, Yzaguirre and fellow rats in the democrat party. Saenz gets the headlines for re-election by appearing to be cracking down on corruption in office, but doesn't properly prosecute so these defendants will eventually get the charges thrown out.
Saenz is either extremely incompetent or another of the brilliant masterminds of the Cameron County corruption machine. Whichever, Saenz MUST go! Masso, too.
Vote Sorelle for DA!
SORRY NO SORELLE !!!
I am voting for Sorelle. Thank God we dont have to choose between Dumb or Dumber.
That's right you should thank the Hernandez family with that they started all this corruption in CAMERON COUNTY, THAT IS WHY I AM NO LONGER A DEMOCRAT I AM A REPUBLICAN, ALL THESE RATS ARE DEMOCRAT'S WHO INLY THINK OF THEM SELF AND ONLY THEM.... STARTING WITH LUIS SEANEZ AND CARLOS MASSO
SORELLE HAS MY VOTE, I RATHER VOTE REPUBLICAN THEN DEMOCRAT, THE DEMOCRAT HAS BROUGHT DOWN THEIR PARTY WITH CORRUPTION
Luis knows his days are numbered but will continue to do whatever he can on the county's dime to get exposure. He will lose in March because his holier than thou act is getting old, fast. Time for change.
This is why change is needed. No more corruption! How long will we allow this to continue?
Dear conern i agree with you this long term corruption at the cameron court house has let me see been going on since the 1970s hmmmso thats a good 35 to 45 years, ray ramon, joe rivera, aurora de la garza, luis saenz, ben uresti, tony yzaguirre, juan magalenes, and of course the king pin of corruption himself gilberto hinojosa. So now we have dan sanchez n pete sepulveda, that plague just keeps on going, so lets all vote republican this time around, clean out the toilet or in this case the septic tank. Mw
That loud mouth arrogant fuck in Padilla was or never will pull the PR bond on his buddy, Tony and his puppies. To Padilla, its more like I have the power and no one tells me what to do. The fat fuck was the same way in the DA office with Villalobos and that's why he didn't last long. Padilla acts like Hillary Cunton, no one tells me what to do attitude.
Although Luis Saenz needs to come up with more charges if he intends to get this crook Tony and his puppies convicted. That "Dirty Deed" operation has to turn up something? Menchaca and the other idiots aren't smart enough to pull this off alone. Again, the Feds need to step in and adopt the charges to get people to squeal and make peace with God.
Timing is everything!! Behold justice will be served to those most deserving!!
is he still peeing in a cup across the courthouse in front of mirrors at whatever time they call him
Sorelle, Democrats for him, never for Luis. Sorry Luis, not this time around.Get a job at one of the local cleaners, starch shirts. I doubt they will hire you.
is he still peeing in a cup across the courthouse in front of mirrors at whatever time they call him
Tony the tiger, more charges coming, Karma or Karmen says better leave the country and go to Matamoros dude. There you will be safe from US prosecution, don't know about Mexican prosecution that you are on your own dude.
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