By Juan Montoya
On January 21, 2006, San Antonio police officer found the Amos Gutierrez dead from a single gunshot to the head. A magazine clip was found nearby.
A tipster told them Ronald Wilson had killed Gutierrez and police brought him in on unrelated charges for questioning. Wilson denied having shot Gutierrez. A police officer then fabricated a fingerprint forensic report record on his computer stating that the defendant's fingerprints were found on the magazine clip and confronted him.
Faced with that fabricated evidence, Wilson confessed.
The facts may be different, but the attorneys for indicted Cameron County Tax Assessor-Collector Tony Yzaguirre say that the fact that Department of Public Safety officer who testified during pre-trial hearings that he had fabricated false titles for cars that he later tried to have register at the tax office was engaging in the same illegal conduct which led to the reversal of Wilson's conviction and freed him of a 28-year sentence.
The Court of Criminal Appeals ruled that any evidence – including Wilson's confession – obtained by police using forged or fabricated state documents was inadmissible and violated several statutes of the Texas Penal Code. Wilson's confession was reversed.
During the hearing Friday, Yzaguirre's attorney Eddie Lucio (no relation to Sen. Eddie Lucio) asked visiting judge Manuel Bañales to dismiss all the charges against Yzaguirre obtained through the use of the doctored car registration applications the DPS officer submitted to the tax office. That would include the majority related to the 11 counts of abuse of official capacity, 10 counts of bribery, one count of engaging in organized criminal activity and one count of official oppression.They further listed other acts which included forging the names of other people on the titles and passing them off as legitimate owners so they could register them with the county tax office.
"When they were rejected, he testified he went back and got legitimate names and registration numbers and then they passed," Lucio said. "That is tampering with a government document and should be thrown out. The code is very specific when it says you cannot violate the law to move the process along."
The Texas Court of Criminal Appeals Court in the Wilson case upheld the decision by the San Antonio Court of Appeals, which held that (1) the interrogating officer violated the law by fabricating a forensic report falsely stating that appellant's fingerprints were found on the magazine clip of the murder weapon; and (2) the trial judge erred in denying appellant's motion to suppress.
Asst. DA Peter Gilman and the prosecution team contended that the falsified state applications used by the DPS officer were not government documents and therefore, excluded from the definition in Wilson. Bañales denied the defense motion and ordered the trial to proceed.
Yzaguirre was reelected to office in November, a few weeks after he was indicted. He garnered 75 percent of the 65,911 votes cast in that race (49,777). Two write-in candidates only got 16,134 votes, or 24.48 percent.
He was recently sworn in and signed his officeholder's bond to take office. He has been prohibited by the court to appear in his office or to perform any official duties until the conclusion of his trial. However, even if convicted, he can remain in office until his appeal is heard by the courts.
To read the Wilson vs. Texas Criminal Court of Appeals decision, click on link below:
http://caselaw.findlaw.com/tx-court-of-criminal-appeals/1509726.html
14 comments:
Yzaguirre was re-elected because A LOT of voters didn't know the names of the people that were write-in candidates and just left the line blank, the majority of the people that knew who these people were actually voted for Yzaguirre because he was the one they knew. I know for a FACT of at least 5 people who left the write-in blank; I know a person who QUESTIONED the people at the voting site for not putting up or letting people know in advance the names of the write-in candidates and some of the people at the election sites didn't know themselves where the names went or how they were supposed to appear. Mail in votes, I know an elderly lady who threw away the sheet where the names were listed because she didn't know who they were. I have an elderly relative and she voted for one of the write in-candidates because she asked me before hand who they were. Cameron county voters, especially older voters go for "familiar" names and many times don't know who or how to write the names of write-ins. Write in candidates didn't protest, they should have because better safe than sorry.
And whose fault is it that "A LOT of voters didn't know the names of the people that were write-in candidates"? Shouldn't have these voters educated themselves so that they knew who to vote for? They have no one to blame but themselves. The newspapers, the newscasts, the push cards given out by the candidates and their supporters all have the information needed to educate the public and help them decide who they want to vote for. The elderly should ask for help if they want to vote. Being elderly isn't an excuse for not voting or voting for "familiar" names. Your aunt was wise enough to ask for help. Others should follow her example. Help at the voting sites is also available.
he got votes because the majority of ignorant people here in this county vote the PALANCA no other reason he is guilty and has been doing illegal shit many years. he was brought to court in a FEDERAl Court years ago by his OWN Employees for doing illegal shit ..... look it up .. they settled !!!!!!!!!!!! it is a FACT
People from Cameron County, keep voting for damn crooks, everyone knows that, that this character won, is no surprise. I wouldn't doubt it if he goes to jail, people will still vote for him. Specially, the Brownsville crowd.
Regardless if you people think Yzaguirre is guilty. The idiots that went in on the raid and tried to gather evidence screwed it up from the get go by using illegal means to make the arrest. Maybe they wanted to botch the investigation so that the charges would not stick. This DA is notorious in his incompetent performance as a prosecutor. If what they are saying is the truth about the stupid Texas Ranger that assisted the DA this case will more than likely be thrown out due to the illegal means of obtaining the evidence.
donde esta el rick camarillo?
Once a crook always a crook , taking a paycheck for doing nothing ! Well that's not different than when he is in the office he does NOTHIN. Lots of elected officials collect a paycheck for nothing
The crook here is your DA.
The DA is a disgrace to his position. He abuses his authority and runs his department like an uneducated idiot who is vindictive and petty. We the people suffer at the hands of this inept asshole. He clearly does not have the best interest of all citizens in mind when he allows repeated drunk driving offenders to be punished with a slap in the hand and the ability to allow these people the opportunity to hurt other innocent people. Luis Saenz needs to be indicted and removed from office !
Agree with Anonymous January 10th 2:03 pm Indict Saenz save our county from further disgrace
Agree with Anonymous January 10th 2:03 pm Indict Saenz save our county from further disgrace
I am curious to why people are not livid about the amount of tax payers dollars that went into the raid at the Cameron County Tax Office on January 6, 2016. Hundreds of thousands of dollars and lots of man power was used to arrest Yzaguirre and his 3 employees. The sad part of this whole ordeal is that the arrest were made by using illegal tactics. You can not break the law in order to enforce the law. This type of misuse and abuse of power is unacceptable. We the people deserve better from the DA's office. Destroying people's lives wothout a shred of substantial evidence is deplorable and should be investigated by the Department of Justice.
A combined effort, with several Agencies, federal and state, better be a good bust.
Luis Saenz used the other agencies involved to make it look like a good bust.....Pure show !! This DA needs to concentrate on putting real criminals behind bars like Marisa Govea the murdering bitch that ran Mary Tipton over and failed to stop and render aid, or should have been able to put Marco Gonzalez away for shooting and killing Ivan Reyes. But you ass kissers still think he is doing such an outstanding job as our DA. YOU ALL would feel deferently if your lived one was murdered and the culprit got away with it.
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