TESTIMONY OVER IN ELIZONDO CASE: JURY TO DELIBERATE

Special to El Rrun-Rrun

This has to be a first.

After months of continuances by the defense and then the state in the trial of former Brownsville Fire Dept. Chief Carlos Elizondo, PUB came to the rescue, even without filing a motion with the court.

PUB informed the court at about 2:10 p.m. Tuesday that the lights would go out and the court emptied the courtroom to await the blackout. It never came and they all went back in.

But even stranger that after the lights never went out and the trial restarted, that former City of Brownsville city manger Charlie Cabler - although announced in the local daily - never testified. Instead, two staffers from the city's Human Resources Department testified that had delivered a letter of giving the former fire chief notice of administrative leave with pay. Lucio objected that they were not on the witness list the prosecution had filed with the court.

Elizondo is charged with six counts of computer security breach and the state charges he accessed the Brownsville Fire Department Emergency Reporting System while suspended by the city and when he did not have the consent of the City of Brownsville to access the reporting system.

The defense claims that he is not guilty since there are no written prohibitions against it even though city staff knows - or should know - that a demotion in rank means losing access to the system.

Testimony had started today in the jury trial of Elizondo and the defense cross examination of the third witness was about to end when the court got the word from the Brownsville Public Utility Board that the lights were going to go out.

That forced 107th Judge Ben Euresti to suspend the trial until Wednesday.

The first witness  to testify for the state were Brownsville Police Department detective Juan Alvarez, who defense attorney Eddie Lucio managed to tangle up in contradictions about the source of "rumors" that had shaped his investigation.

More than once time a befuddled Alvarez conceded that "there was nothing written" that specifically prohibited Elizondo, then under suspension without pay, from accessing the site and gathering information on cases listed there.

The second, Assistant Chief Cesar Pedraza followed pretty much the same pattern of Alvarez, with Pedraza admitting that there was "nothing written" that prohibited Elizondo access to the system.

Asst. DA Arturo Teniente said even though there’s no written rule, Elizondo received a letter of suspension that states when in suspension he should not perform any official duties. He added that when accessing the system there are “pop-ups” warnings which state the user should not continue without authorization.

“If you’re suspended, you don’t need access to these reports. After all, everybody knows what suspended means, right? Even a kid from fifth grade knows what suspended means,” Teniente said. “In fact, a pop-up shows up that warns you and tells you specifically that there are criminal penalties for accessing this without authorization.”

The complaint to investigate Elizondo was filed by current Fire Chief Jarrett Sheldon. Sheldon testified that even though the two suspension letters issued to Elizondo did not go into specifics, one of them states to not perform official duties.

Sheldon, who admitted no specific rules existed, said that department policy concerning access to demoted or suspended department employees was part of the revamping of the policy manual.

Teniente objected when Lucio attempted to introduce into evidence a gag photo of the chief to to rebut Sheldon's assertions that he had never stated that he was glad that Elizondo was getting fired.  Teniente objected to the photo, which showed Sheldon with a taped piece of paper on his forehead with the caption "You're fired, You're fired" on relevance.

Sheldon told Lucio that the sign he had taped on his head did not reference Elizondo, whose bald pate could be seen through a window behind Sheldon. Lucio pointed out that the photo was taken outside Elizondo's office.

"Mr. Sheldon is not on trial here and we object on the grounds of relevance and because it has no probity value,"  Teniente said. Then, as Lucio showed Sheldon the photo and argued before the court, Euresti admonished him not to be waving the photo in front of the jury before the court had ruled on its admission.

"Don't be waving that in front of the jury," said the judge.

After reconvening, the defense did not put on any witnesses on Eliondo's behalf.

The aspect of the Elizondo trial has some peculiar aspects. For example, after the jury of eight women and four men, plus two alternates complained that they were bothered by the movements and paper shuffling by some of the spectators, the court had the first three rows - about 48 seats behind the jury section - emptied and the spectators moved to the seat in the back rows.

The court did not allow the photo to be admitted into evidence.

At about 3:10 p.m. the jury was allowed to go home after the HR witnesses testified. Jurors will receive their charge Wednesday morning.