Special to El Rrun-Rrun
Saying that the political influence and personal relationships between former Texas District 37 State Rep. Rene Oliveira and the local judiciary cannot guarantee the prosecution that it will get an impartial hearing of its DWI charges against him, the Cameron County District Attorney's Office is seeking a change of venue for his trial.
Instead, they say, no sitting judge can hear the case and render an impartial judicial process since many of them grew up with him and may have even tipped a few glasses with the social soak over three decades of reelection pachangas.
Oliveira's attorney, lawyer/philosopher Ed Stapleton claimed his client's arrest was unlawful and challenged the legality of a warrant used to test his blood after the Brownsville Police Department arrested him on driving while intoxicated in April 2018.
Oliveira's lifetime buddy County-Court-at-Law No. 1 Judge Arturo A. McDonald will consider motions to suppress evidence obtained after Rene’s arrest and to suppress evidence obtained from a blood analyses that revealed the former lawmaker’s blood alcohol level (0.15 percent, almost twice the legal limit), as well as showing that he tested positive for a drug (snort) that prosecutors have not publicly identified.However, McDonald said the motion to suppress evidence obtained after his arrest will be postponed because Oliveira’s defense attorney, Ed Stapleton, has not been able to view body camera video of the arrest because he is "tech challenged" and cannot open the video format the Cameron County District Attorney’s Office has the video saved in.
An obscure Ass. D.A. named Rehaman Merchant entered the alcohol and drug results as exhibits during the hearing, but McDonald sealed them at Stapleton’s request and a pliant Merchant did not object. McDonald said he will rule on the motion to suppress evidence obtained from the blood analyses at a later date when the heat dies down a bit.
In other words, evidence entered into the public record is closed to the pubic? Uh?
The Brownsville Police Department arrested Oliveira on April 28 at his residence and charged him with drunken driving.
A police report indicates that Oliveira left Cobbleheads just before 10:30 p.m. on April 28, 2018, before he crashed into a vehicle stopped at a light on the 800 block of Boca Chica Boulevard. The car was being driven by a woman who had a child in the back seat.
When police responded to Oliveira’s home, he told authorities that he left the scene of the crash after providing his business card to the other driver, believing it was no big deal and that as far as he was concerned “the matter to be settled.”
Stapleton says in the motions that the cops had no right to arrest Rene at his home as he complied with all applicable laws governing car crashes and that there was no observable crime at his residence. You know, if you are boozed up and you rear end someone, just leave your card with her and go home. As long as the cops don't see you, no biggie. No collision. No obstruction.
“He properly left the scene to go home. No law enforcement agent, especially not those who arrested him, observed him committing an offense,” the motion states.
The motion challenging the blood draw warrant states that it allowed for seizure of the blood, but didn’t explicitly allow for the analyses of the blood and should therefore also be tossed.
That these outlandish motions based on Stapleton's arcane legal philosophy should even require extra time for McDonald to reach a decision is one of the reasons given in the DA's motion for a change of venue in the Oliveira case.
19 comments:
This is not from The Onion. Gonna route to DP-M. FAKER!
Where was Melissa Zammora when you needed her?
juan just move it over to corpus christi texas just like tony yzaguirre and you get acquitted, mmm smells kinda fishy here, looks like luis saenz and rene oviedo (el ojo de viedro)oliviera have struck a deal, luis saenz is not going to oppose it but rater recommend it, you all know kinds of conflict of interest all of the sudden, bola de manoes. So another one that gets away, que bonito
Como seras pendejo Juan. Any defense attorney who is defending any DWI would be guilty of malpractice if he/she failed to file these motions.
You changed it to LA CEBOLLA! ja ja ja ja ja That was a Barton move, bro. smh
Before your liberal blogsquater gets here to write all kinds of snowflake powered butthurt, I just wanted to say he can eat a dick. Carry on.
Is mexico going to execute any of the members of the negotiating team that addressed border crossings?
Trump now using bees to attack illegals what a scumbag.
racist republican cupcake @June 7, 2019 at 6:08 PM
Wnen the defense seeks a change of venue, they are afraid they can't get an acquital. When the prosecution seeks a change of venue, they are afraid they can't get a conviction. In this case, the DA is correct to try and move the trial out of Rene's home turf.
Stapelton is throwing powdered horse shit into the air and calling it a defense. None of it has any legal merit, but he has to do something to earn his fee. His only hope is a crooked judge and perhaps a compromised jury here in Browntown. Rene holds a box car load of IOUs from locals.
Lo que deberia hacer Oliveira es aceptar la condena que le impongan ya que manejar embriagado tiene sus consecuenciasy de esa manera empezaremos a creer que si hay justicia.
Quien se lo manda por andar manejando borracho.
Deberia SER EL EJEMPLO!
Luis Saenz is seeking a new venue to help his buddy Rene get a more favorable ruling from judges and jurors. Luis and Rene are afraid of the citizens of Cameron County because they know that Rene is a scumbag and should go to jail. By sealing the evidence and no disclosing the results of the blood tests and what other drugs Rene might have had in his system, the judges are giving him preferential treatment. If any other citizen was being tried for DWI, all that information would be public and in the Herald. Luis Saenz is just as corrupt as Rene and together they are reflective of the Cameron County Democratic Party and its elected officials. These assholes are the reason Cameron County is such a political and judicial
shithole.
Folks well the good thing is that Rene is no longer a state rep, se quemo bigtime right, Damage has been done, folks know he is a boozer and a drug user and Mr. DWI of the year award, womanizer etc. so even if he does manage to squirm his way out of this one, Damage has been done.
Rene, i bet your mom is rolling over in her grave because of all of your chingaderas? Right putito? ,
That picture of him with his arms spread open is awesome! LOL.. It has social media viral potential.
WOW El rrun full of abogados
Nail me to the cross I'm free of sin cough cough cough
Rene, the POS that he is doesn't deserve special treatment! This drunk pervert has gotten away with all this time because of a title! Well, its time to pay up you POS! To Luis, you need to prosecute this POS, period! This POS has bad acts going back so long that you can't look the other way! I know that this is his first arrest BUT you have prosecuted the plain ole "Joe's" for their first time!
This will lay ground to whether I vote for you again or not!
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