Theresa Caballero
Attorney at Law
300 E. Main St., Suite 1136
El Paso, TX 79901
915.565.3550/562.5250 fax
January 18, 2010
Ms. Jo Anne Bernal
County Attorney
500 E. San Antonio St.
El Paso, TX 79901
Re: Debate on Dr. Paul Shrode, El Paso County Medical Examiner
Dear Ms. Bernal:
The issue of El Paso County Medical Examiner Dr. Paul Shrode, his continuing viability, if any, as a credible witness and his lying on his resume and in court about his credentials have become a matter of public discussion. Your office, by and through your employee, assistant county attorney Bruce Yetter, called Dr. Shrode to the stand in a jury trial wherein I represented the mother. Through answers elicited by my cross-examination, your witness, Dr. Shrode, admitted that he did not possess a law degree as he had listed on his resume, and as he had testified to under oath, in open court, on the record. Mr. Yetter personally handed Dr. Shrode’s false resume to the Court and had it admitted into evidence to be given to the jury.
As the County Attorney by appointment only (by a three to two vote, no election), as head of the office that put Dr. Shrode on the stand as a witness when he admitted to having put false information on his resume, as advisor to Dr. Shrode’s employer, El Paso County Commissioner’s Court, as legal counsel to Human Resources that should have but did not check Dr. Shrode’s credentials, as employer to assistant county attorney Holly Lytle who had a part in the selection of Dr. Shrode, as a person subject to the El Paso Ethics Commission, as a person seeking to advise such Commission and as a public official who has taken the public position that Dr. Shrode claiming to have credentials that he does not have is nothing but “puffery,” I invite you to a debate on the issue of El Paso Medical Examiner Dr. Paul Shrode. As we are the two main protagonists in this matter with diametrically opposing opinions on the applicable law, on the ethics and on what is in the best interests of this community regarding Dr. Paul Shrode as Medical Examiner, I challenge you to join me in writing competing op-ed pieces on the issue. Should you accept the challenge, I would ask that you join me in requesting of Mr. Edgren of the El Paso Times that he publish the pieces so that the community gets the benefit of both of our views on this most important of matters.
Please respond in writing to my address by Wednesday, January 20, 2010. Or you may call 241.8418. I look forward to this debate.
Sincerely,
Theresa Caballero
Challenge to Incumbent by Appointment, Jo Anne Bernal
January 18, 2010, 12:42 pmLetter to Jo Anne Bernal, et. al Re: Ethics and Dr. Paul Shrode
January 12, 2010, 10:27 am
Theresa Caballero
Attorney at Law
300 E. Main St., Suite 1136
El Paso, Tx 79901
915.565.3550
915.562.5250 fax
January 12, 2010
Mr Gerry Williams
TDFPS General Counsel
Mr. Trevor A. Woodruff
Appellate Attorney
Ms. Johnnie Beth Page
Director of Program Litigation
2401 Ridgepoint Dr., BLDG. H-2
MC: Y-956
Austin, TX 78754
Ms. Jo Anne Bernal
El Paso County Attorney
500 E. San Antonio St
El Paso, TX 79901
Re: Ethical obligations re: In the Interest of D.J.R., E.N.R., and A.D.R., Children, Cause no: 08-07-00354-CV/ 2006CM4085
Dear Counselors:
Candor Toward the Tribunal, Rule 3.03 of the Rules of Professional Conduct states in pertinent part:
(a) If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall make a good faith effort to persuade the client to authorize the lawyer to correct or withdraw the false evidence. If such efforts are unsuccessful, the lawyer shall take reasonable remedial measures, including disclosure of the true facts.
On August 13, 2007, the State of Texas, represented by the El Paso County Attorney’s Office, called Dr. Paul Shrode to testify in the above styled case. Under oath and in response to a question posed by your trial attorney, Assistant County Attorney Bruce Yetter, Dr. Shrode testified, “I passed my forensic pathology boards…” 2 RR 134.
You then filed a brief on behalf of the State of Texas in which you stated to the Eighth Court of Appeals, "Dr. Shrode…has passed the forensic pathology boards. 2 RR 134”
On January 6, 2010, The Eighth Court of Appeals rendered an opinion in which the Court stated, “[Dr. Shrode]…is board certified in forensic pathology.”
The El Paso Times, in an article published on November, 27, 2009, (herein enclosed) stated that “Fisher’s complaint comes about a year after Shrode’s standing to take the combined Anatomic Pathology and Forensic Pathology examination expired, according to the American Board of Pathology and a letter on the matter dated Oct. 19, 2009. Shrode’s eligibility for the exam, which lapsed in December 2008, means he either did not take or did not pass the board certification exam, the American Board of Pathology said.”
The article further states, “Dr. Cyril Wecht, formerly the medical examiner in Pittsburgh and one of the country’s more famous forensic pathologist’s, said he suspected that Shrode failed the exam. Wecht, a lawyer, physician and author, told the El Paso Times that Shrode probably lost his standing to take the pathology board exam because he flunked it before and did not want to fail it again.”
El Paso County Attorney by appointment and head of the office that called Dr. Shrode to testify, Jo Anne Bernal, is well aware of the above.
I am informing you that based on current, public discourse, information indicates that Dr. Shrode did not pass his boards in Forensic Pathology, that he is not board certified. I am asking you to comply with your ethical duties under rule 3.03, and to be Candid with the Tribunals, the 65th Judicial District Court and the Eighth Court of Appeals, by specifically informing them, in writing, that your client, the State of Texas by and through Ms. Bernal’s office, put a witness on the stand, Dr. Paul Shrode, who led both Tribunals to believe that he, Dr. Shrode, was board certified in Forensic Pathology, when he is not, an untruth you advanced to the Eighth Court of Appeals in your brief and an untruth the Court has now advanced in its above cited opinion.
I await your response to this most important issue. I too have my ethical obligations under the rules.
Sincerely,
Theresa Caballero
Attorney at Law
300 E. Main St., Suite 1136
El Paso, Tx 79901
915.565.3550
915.562.5250 fax
January 12, 2010
Mr Gerry Williams
TDFPS General Counsel
Mr. Trevor A. Woodruff
Appellate Attorney
Ms. Johnnie Beth Page
Director of Program Litigation
2401 Ridgepoint Dr., BLDG. H-2
MC: Y-956
Austin, TX 78754
Ms. Jo Anne Bernal
El Paso County Attorney
500 E. San Antonio St
El Paso, TX 79901
Re: Ethical obligations re: In the Interest of D.J.R., E.N.R., and A.D.R., Children, Cause no: 08-07-00354-CV/ 2006CM4085
Dear Counselors:
Candor Toward the Tribunal, Rule 3.03 of the Rules of Professional Conduct states in pertinent part:
(a) If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall make a good faith effort to persuade the client to authorize the lawyer to correct or withdraw the false evidence. If such efforts are unsuccessful, the lawyer shall take reasonable remedial measures, including disclosure of the true facts.
On August 13, 2007, the State of Texas, represented by the El Paso County Attorney’s Office, called Dr. Paul Shrode to testify in the above styled case. Under oath and in response to a question posed by your trial attorney, Assistant County Attorney Bruce Yetter, Dr. Shrode testified, “I passed my forensic pathology boards…” 2 RR 134.
You then filed a brief on behalf of the State of Texas in which you stated to the Eighth Court of Appeals, "Dr. Shrode…has passed the forensic pathology boards. 2 RR 134”
On January 6, 2010, The Eighth Court of Appeals rendered an opinion in which the Court stated, “[Dr. Shrode]…is board certified in forensic pathology.”
The El Paso Times, in an article published on November, 27, 2009, (herein enclosed) stated that “Fisher’s complaint comes about a year after Shrode’s standing to take the combined Anatomic Pathology and Forensic Pathology examination expired, according to the American Board of Pathology and a letter on the matter dated Oct. 19, 2009. Shrode’s eligibility for the exam, which lapsed in December 2008, means he either did not take or did not pass the board certification exam, the American Board of Pathology said.”
The article further states, “Dr. Cyril Wecht, formerly the medical examiner in Pittsburgh and one of the country’s more famous forensic pathologist’s, said he suspected that Shrode failed the exam. Wecht, a lawyer, physician and author, told the El Paso Times that Shrode probably lost his standing to take the pathology board exam because he flunked it before and did not want to fail it again.”
El Paso County Attorney by appointment and head of the office that called Dr. Shrode to testify, Jo Anne Bernal, is well aware of the above.
I am informing you that based on current, public discourse, information indicates that Dr. Shrode did not pass his boards in Forensic Pathology, that he is not board certified. I am asking you to comply with your ethical duties under rule 3.03, and to be Candid with the Tribunals, the 65th Judicial District Court and the Eighth Court of Appeals, by specifically informing them, in writing, that your client, the State of Texas by and through Ms. Bernal’s office, put a witness on the stand, Dr. Paul Shrode, who led both Tribunals to believe that he, Dr. Shrode, was board certified in Forensic Pathology, when he is not, an untruth you advanced to the Eighth Court of Appeals in your brief and an untruth the Court has now advanced in its above cited opinion.
I await your response to this most important issue. I too have my ethical obligations under the rules.
Sincerely,
Theresa Caballero
Page :
1