A plea by attorney Eddie Lucio that he needs more time to review the evidence he got from the state through discovery has set back the jury trial of former Brownsville Fire Chief Carlos Elizondo on his charges of theft and misappropriation of fiduciary funds.
The hearing before 107th District Judge Benjamin Euresti Jr. was held Tuesday, Jan. 9. Both parties were to make announcements before the trial which was set for a week after Tuesday. Instead, as a result of Lucio's plea for more time, a new announcement date was set for April 3 and the trial date set for April 9.
Meanwhile, Lucio has been busy filing motion after motion. Before Tuesday, had had filed at least 10 motions, including one to quash count two of the indictment alleging that the state had not given him access to the contents of the 19 CDs of financial records listing alleged illegal withdrawals from a firefighters' union PAC's bank account through ATM machines.
The rest dealt with production of state witnesses, their criminal records, exculpatory evidence, etc.
Lucio alleged that the state had withheld the password to the CD that held the information and the state – through Asst. D.A. Art Teniente – said Lucio had been given the password but had misplaced it. Euresti ordered the state to give him the password again and deferred on the motion pending further discovery.
The latest wrinkle was a writ of habeas corpus challenging the neutrality of 404th District Judge Elia Cornejo in issuing a search warrant for Elizondo's home.Lucio is claiming that the fact that Elizondo is a member of the board of the Brownsville Independent School District where Crnejo-Lopez has 13 grievances pending on the alleged discriminatory treatment of her two children played a part in her issuing the search warrant.
Lucio also alleged on the motion filed Dec. 27 that the investigator who prepared the warrant did not provide sufficient facts to establish probable cause and that Cornejo-Lopez was not neutral because of her relationship with the BISD board members. Cornejo-Lopez, in her capacity as a parent, filed a federal lawsuit against BISD over how the grievances she filed against the district was handled by school administrators and trustees.
This latest wrinkle apparently will not deter the trial for Elizondo. Federal Judge Andrew Hanen gave the attorneys for the BISD and Cornejo-Lopez's counsel time to reach an agreement on when the board could provide her with a hearing. If that is resolved by March 16, it is probable that the rest o the suit will be declared moot and dropped from the federal docket.
Cornejo-Lopez has contended that BISD board counsel told her she would never get a chance to address the board in executive session to address her grievances.
Court observers see the use of the grievance issue in federal court in Elizondo's felony cases defense as a red herring that has no bearing on the state charges. However, Euresti has set a court date for announcements and trial until after the March 16 date when Cornejo-Lopez's federal case will be considered.
19 comments:
As long as they don’t call in Jesse Weenes for a character witness, Elizondo is going to jail. Jesse Weenes will make Carlos seem like Jesus Christ.
Pinche attorney chafas, ya valio cacahuates!
Not guilty period!
Guilty to the max !
Yeah right and pigs fly!
"not guilty" hahahahahahaha
Sure Carlos, go back to the sewers you rat! You've messed with the people of Brownsville way too much already.
The fireman union is splitting up under Jorge(pot head)Lerma union president.we are gathering and building up support under his nose.the truth is he’s not leading us but suppressing the fire man.he is just using our union money to push forward( compadrismo)rigo(tu amigo)Bocanegra.
(Compadrismo)(compadrismo)(compadrismo)
Using our funds to take Mario Saenz on dinners and drinking episodes all over Cameron county.
Spend our money here in Brownsville were it counts.
How is this strategy working? It can't get worst than what you have!! The past pres. sold you guys all out by giving up the me 2 clause and screwing you guys with the medical insurance!! Compadrismo is what you had b4. What can possibly be the BIG STRATEGY? Caleb running for pres? C'mon that guy is a Joke and couldn't defend his own guys in San Benito who was a SMALL Union much less BFD's Union or re-electing the pres that sold you all out!! DREAMERS wake up cuz yo Daddy ain't coming back!!!!
The only support you should be trying to gather is for a hooked on phonics group. You're a "fire man" and you can't even use the word "suppress" properly, sounds about right. Maybe you should try "suppressing" a fire sometime instead of "oppressing" us all with your horrific comments.
Poor firemen can't even get along
So much for public servants
More like self serving!
Is this a tactic for politics in Brownsville?
Keep moving the date and maybe people will forget what is going on. I say for BISD to give the Lucy Goosy the test and watch her fail it so that La Elia can eat crow. The poor girl is under so much stress that she will be effected in some way - besides learning how to go around things like her Mom.
LAWYER THAT FALLS UNDER "LOWEST BIDDER" category...LOL todo chafas he probably shares his "law office" with a mechanic in southmost, might as well get mickey mouse to represent you !!
Somebody yelled "Elizondo" and all the firemen came out with their axes. What showing of support. UNBELIVABLE!
Jorge Lerma and Rigo Bocanegra are a disgrace to Fire Department and our Profession!!! They are the reason we get all the BAD reputation!!!
why is Jesse Weenes still on payroll when Elizondo has records of him crying not wanting to do his job?
Fuck the fireman us police units are making the rounds while the fatasses wannabe bbq-ers are racking up overtime....screw Lerma and his lab rats...
I’m a over weight fireman with fat fingers so deal with it next time I’m on call maybe your the shitbag that will burn or die because we to many calls to answer and will leave you to the end of the list to suffer and pass away.
Birds of the same flock
100% accurate.
You all must send a STRONG message to both those clowns and vote against Rigo!
No Carlos Elizondo and Ernesto Estrada are the Disgrace and tainted your Department!! You guys have a big hole to get out off thanks to these 2 rats!!
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