Like the proverbial beast slouching toward Bethlehem, the corruption trial of Cameron County Tax Assessor-Collector Tony Yzaguirre is still on schedule for January 23 at the Nueces County Courthouse in Corpus Christi.
However, visiting judge Manuel Bañales left his bond in place and heard the rest of the pre-trial motions by the state and the defendant.
Yzaguirre – the Democratic Party nominee – beat two write-in opponents in the November election.
This morning his lawyers filed a flurry of motions to dismiss the charges filed against him last year.
The Texas Department of Public Safety worked with the District Attorney's Office and other law enforcement agencies on the investigation. They called the case "Operation Dirty Deeds."
Yzaguirre faces 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.
One of Yzaguirre's attorneys – Eddie Lucio – argued that multiple charges for the same offenses constituted double jeopardy and should be dismissed, that the court should throw out the evidence gathered by a state trooper who testified that he falsified car titled of junked vehicles to acquire legitimate titles and forged people's names on them to pass them through the tax office, and that prosecutors be ordered to return his client's personal effects, documents, computers, laptops and Ipads they removed from his home and office during court-ordered searches.
Cameron County Asst. District Attorneys countered that they had given the defense a partial inventory list of the items seized from his office and home and that they did not have physical possession of the items.
"They're in a room – the property room – at the DPS in Brownsville," said lead prosecutor Peter Gilman. "All they have to dos is ask for permission from the DPS to see them."
The defense put forth arguments on why evidence gathered by a DPS sting operation should be thrown out, making most of the state case untenable. They argued that the investigator who used junked cars to get new titles license plates had violated the Texas Criminal Code by tampering with a government document. 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. "The code is very specific when it says you cannot violate the law to move the process along."
Lucio also said that the prosecution had been cagey about letting him know about the tax office employees that would be subpoenaed which would have an effect of the ability of the office to transact normal business. He said that if the prosecution would let him know who it was calling on specific days, he would work them into the trial to lessen the impact of their absence from their work at the various tax offices in the county.
Since a change of venue was granted to the defense, the tax workers subpoenaed to appear at the trial would have to be transported there to testify.
"This case was changed in venue at the request of the defense," he reminded Lucio.
However, he said that he would not require the tax workers to be present during jury selection (voir dire) to lessen the impact of the trial on the workers and the residents of Cameron County.
There were two pre-trial hearing scheduled to be heard in Brownsville on Jan. 13 and January 19 to iron out the differences and motion between the state and the defense. Both said that they would need about four days each to complete their arguments in the trial.
"It is clear that this is an extraordinary case," Bañales told the lawyers. "It is going to affect the workers in the tax office and the people of this county."
13 comments:
Guilty!!!!
Take a plea ot plead the 5th. Save us, your employees that were loyal and cleaned up your sloppiness a many times.
Eddie Lucio can not be beaten in Corpus. He is the master defender in Nuezes County.
Is this attorney Eddie Lucio the same person that serves as State Representative?
This case needs to be thrown out simply because they never had anything to begin with all evidence was manufactured in order to secure the arrest. Save the tax payers the money and throw this case out !!
the tax payers are tired of all the corruption in cameron county i hope they put him away and he pays what he owes. i bet there is more to the story ...... and it will come out in the trial .. he should make a deal because he will go down....
Anonymous 8:03pm Tony isn't going no where !! The evidence was manufactured, because Luis was butt hurt because Tony raises more campaign money legally than the CORRUPT DA Luis V Saenz. You want to end CORRUPTION in Cameron County take Luis V Saenz down !!
MIral Jenifer ponte touche because you may be next ....
Guilty ...... Plain and Simple Gulty .... his employees are tattle tales.....
Anonymous January 7, 7:25
You are talking out of your ass unless you are referring to a bald headed skirt chasing BASTARD that used to be an investigator with the Auto Theft Unit. His name is Estrada and he has had several write-ups for sexual harassment and was cooperating with the DA to bring down Mr. Y and the other 2 police officers that worked in the Auto Theft Unit. He wanted to move up in rank and didn't have a problem making up bullshit to try and move up rank. He is now employeed with Constable Pete Delgadillo so watch out ladies if you are approached by this sleeze bag.....Keep your pepper spray handy and do NOT by any means trust this two faced, back stabbing POS !!
No you obviously are not in the loop chic ... the employees singing like a canary are females more than one .. but soon you will know there is NO loyalty whenshit rolls down lots of tax office employees are cooperating but you keep thinking your daddy is innocente... and watch a more to come with the illegal sale of property your daddy oh had his hands on .. lol front seat in corpus for us
Yes Tony raises more campaign money legally really let's ask the car dealer ships about that no tienes madre , and the forcing selling tickets to the employees and dealers and notarys you are stupid just shut your mouth it's obvious you are his close relative lol going down
Maybe they are the same females that the fat skirt chasing POS Estrada sexually harassed. Or maybe you are employed with the incompetent DA and are grasping at straws trying to make people think that Mr. Yzaguirre's employees are singing. Regardless these allegations about properties have nothing to do with the raid that took place on January 6, 2016. Remember that raid was orchestrated by a bunch of inept morons that broke the law to try and bring Mr. Yzaguirre down. It doesn't work that way. You can't break the law and then try and enforce the law. If what you are saying is true that Yzaguirre is a long time criminal where is the evidence ? Why has the state only produced compremised evidence.....With their main witness a CI that is a known convicted felon, and a Texas Trooper that is a known liar.....With that evidence it will be hard to find Yzaguirre guilty....Stupid Cameron County
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