On February 14, 2007 it was reported that Jaime Esparza had been to El Paso City Council the day before to ask City Council to assign a special prosecutor to handle County Commissioner Luis Sarinana's class C citation. Esparza said that he needed a special prosecutor because he appears before county commissioners for different matters. City Council told Esparza to take a hike. Aside from the ethics questions raised by Esparza's request discussed in my blog on February 14 (wherein I ask why Esparza feels a need for a special prosecutor for Commissioner Sarinana but he didn't feel the need to get a special prosecutor when he prosecuted former Commissioner Betti Flores just last year) this story raises many questions. One of them being, why did Esparza go to City Council for a special prosecutor as city council has nothing to do with it?
Generally a District Attorney will seek a a special prosecutor when he 1) has a conflict of interest and must ethically bow out of a case, 2) is too chicken to prosecute a case or 3) it is politically expedient for him to get out of a case. When a DA does seek a special prosecutor, the process is he files a motion disqualifying himself and then turns the case over to a judge. The judge then selects the special prosecutor. The prosecutor disqualifying himself does not get to hand pick his successor. Once he is disqualified he is disqualified from doing anything in the case much less looking for the person who will stand in his stead.
So why was Esparza going to City Council when he should have turned the case over to a judge? Did he not know where he was and had just wandered into city council chambers? Will we see him rambling at School board meetings asking them for a special prosecutor next? Has he been spotted on the campuses of EPCC looking for a special prosecutor there? How about the Tiguas? They have courts. Where else might he turn up? Maybe he can go to Juarez City Council. They have a lot of lawyers there. Has he forgotten what he is supposed to do? And if he hasn't forgotten what the simple process is, why did he do what he did? Esparza's quote, after he got run out by City Council, is very telling about his current state of mind. He said, "Now I've got to decide what to do."-what to do?-what to do?-what to do? Didn't he already decide to disqualify himself? Now is he thinking he should UNdisqualify himself? Does he think that is ethical? Is he confused about where to go next? Does he know he needs to go to a judge? Is this the product of clear thinking? And guess who is paying for all this nonsense and confusion? Afraid of your next round of property appraisals? We pay for all his blundering.
Stay tuned.
Jaime Esparza's Confusion In General
February 17, 2007, 3:31 pmThe Border Observer
February 16, 2007, 7:51 pm
Everyone be sure to pick up a copy of the Border Observer this week. District Attorney Candidate Theresa Caballero wrote a full page article about why she is running for District Attorney and what the issues are and what her positions on the issues are. It is fantastic. It came out today. There is a photo of Ana Nicole on the cover. You can get it for free at the Courthouse on the 3rd Floor right outside of the County Judge's and County Commissioners offices and in the basenment by the cafeteria. You can also get it at various other locations around town. You can even get it at the El Diario office itself on Texas Ave. It is free. It is the English language magazine that El Diario puts out every Friday. Read it and become informed.
DA Jaime Esparza Confused on Ethics
February 14, 2007, 11:18 am
Today in the El Paso Times it was reported that my opponent, Jaime Esparza, went to El Paso City Council to ask for a special prosecutor to handle a disorderly conduct case against County Commissioner Luis Sarinana. Esparza said he needs a special prosecutor because he goes before commissioner's court on different issues. City Council sent him packing.
The question that Mr. Esparza's conduct begs is if he needs a special prosecutor for Commissioner Luis Sarinana how could he have prosecuted, just last summer, former County Commissioner Betti Flores? According to his argument for needing a special prosecutor for Sarinana, ethically Esparza should have washed his hands of the Betti Flores case as well. Therefore, the logical conclusion is, has Esparza committed an ethical violation in prosecuting Betti Flores? What Esparza doesn't want the public to remember is that instead of seeking a special prosecutor in the Flores case, he in fact specially assigned his First Assistant, Marcos Lizarraga, to prosecute Ms. Flores on 18 counts. Betti Flores was found not guilty on all counts. Mr. Lizarraga has a mostly administrative position in the office and rarely, if ever, tries a case. (Mr. Lizarraga is the prosecutor who tried and convicted Brandon Moon for a rape he did not commit. Mr. Moon went to prison for 17 years before DNA evidence was unearthed proving his complete innocence. Mr. Moon is suing Jaime Esparza, et. al. See Blogs on Brandon Moon at tc4da.com).
This is an example of the situational ethics practiced by my opponent and this is exactly why I am running against him. He follows no ethical principles. He either needs a special prosecutor for commissioners or he doesn't. Could the difference be that Betti Flores challenged his budget numerous times and in one hearing it became public that he pays his personal secretary, Amy Lujan, over $25,000 above her salary. Esparza then sics his first assistant on her all the way to a jury trial?
Who wants a DA who plays these kinds of games? Who wants a DA who ends the story with "Now I've got to decide what to do?" The answer is he has aready said he has a conflict of interest and he needs to disqualify himself, PERIOD. There is no rocket science to being ethical and honest.
The question that Mr. Esparza's conduct begs is if he needs a special prosecutor for Commissioner Luis Sarinana how could he have prosecuted, just last summer, former County Commissioner Betti Flores? According to his argument for needing a special prosecutor for Sarinana, ethically Esparza should have washed his hands of the Betti Flores case as well. Therefore, the logical conclusion is, has Esparza committed an ethical violation in prosecuting Betti Flores? What Esparza doesn't want the public to remember is that instead of seeking a special prosecutor in the Flores case, he in fact specially assigned his First Assistant, Marcos Lizarraga, to prosecute Ms. Flores on 18 counts. Betti Flores was found not guilty on all counts. Mr. Lizarraga has a mostly administrative position in the office and rarely, if ever, tries a case. (Mr. Lizarraga is the prosecutor who tried and convicted Brandon Moon for a rape he did not commit. Mr. Moon went to prison for 17 years before DNA evidence was unearthed proving his complete innocence. Mr. Moon is suing Jaime Esparza, et. al. See Blogs on Brandon Moon at tc4da.com).
This is an example of the situational ethics practiced by my opponent and this is exactly why I am running against him. He follows no ethical principles. He either needs a special prosecutor for commissioners or he doesn't. Could the difference be that Betti Flores challenged his budget numerous times and in one hearing it became public that he pays his personal secretary, Amy Lujan, over $25,000 above her salary. Esparza then sics his first assistant on her all the way to a jury trial?
Who wants a DA who plays these kinds of games? Who wants a DA who ends the story with "Now I've got to decide what to do?" The answer is he has aready said he has a conflict of interest and he needs to disqualify himself, PERIOD. There is no rocket science to being ethical and honest.
What DA Esparza and Ramon Bracamontes at the EP Times Have in Common
February 13, 2007, 9:46 am
As I wrote on an earlier Blog, one of the reasons why I invested up front in a billboard on I-10 is because I knew I had to get the bulk of my message out myself. The Spanish language newspaper, El Diario, channel Seven, channel Four and KFOX have all informed the electorate that they will have a choice in 2008 for the District Attorney's race for the first time in 16 years and that I am running. Channel 9 and the El Paso Times, who are partners, are the only two news entities that have not done a news story on my candidacy. The question then becomes how did the two of them miss what the majority of El Pasoans now know? Why would a supposed news outlet not inform its readers or viewers of a very contested local race? After my billboard went up, El Paso Times reporter, Tammy Fonce-Olivas called my office for an interview. I was in court but I instructed my staff to tell Ms. Fonce-Olivas to fax her questions and I would fax my answers. To date, Ms. Fonce-Olivas has never printed the answers that I spent a good deal of my time preparing and faxing back to her? Why not?
Ms. Fonce-Olivas called me and received my faxed answers on Thursday, February 1, 2007, the very same day my billboard went up. The next day I published the written interview on my blog. On the following Monday, my secretary called to tell me that yet another El Paso Times reporter, this time a Ramon Bracamontes had called to invite me to do a "sit down for a big spread on the campaign in Sunday's paper." He told her they really didn't want to do the faxed thing. I told my secretary how sweet of Mr. Bracamontes to want to cover my campaign. I also asked her if he had told her that his son had worked for my opponent? She said he didn't mention that.
I then wrote Mr. Bracamontes asking him questions about his son working for my opponent and what the rules of journalistic ethics have to say about disclosing that to an interviewee. I told him that I had to deal with the Times and its reporters at arms length due to their behavior in the past and the fact that they are currently being sued by numerous individuals for libel and defamation. I wrote him that I was very concerned about their ethics and could not ignore a pattern of behavior that Times reporters have displayed. Mr. Bracamontes called back, did not write back, and left a very strange verbal message with my secretary. He told her that his son is named Aaron and that he was withdrawing his request for an interview, that he had no interest in this race and some other reporter would be assigned to it. To date, no other reporter from the Times has requested an interview.
What happened to Mr. Bracamontes? He wants to do an interview. He doesn't want to do an interview. He can be fair. He can't be fair. He has an interest in the race. He doesn't have an interest in the race. He has a conflict of interest. He doesn't have a conflict of interest.
I wrote Mr. Bracamontes a second letter and asked him all about his troubles. I also pointed out to him that he and my opponent share the same values. Neither one thinks he has to disclose a conflict of interest unless busted on it, that there is no conflict of interest unless you are busted on it. I also pointed out to him that this type of "ethics" displayed by him and shared by my opponent is what has inspired me to run for DA. I explained to Mr. Bracamontes that my opponent has found himself in a peck of trouble over not dislosing conflicts of interest and that this is why the DA's office needs to be swept clean and that is why I am running. I also explained to Mr. Bracamontes that this type of behavior harms our community, most especially, the underpriveleged who, in a courtroom setting, would have fewer means to combat a DA who doesn't disclose conflicts of interest. What is interesting is that my opponent is training a whole new generation of attorneys to behave just like him. What will we be able to expect of the Aarons of the world? Birds of a feather?
Tomorrow you will be able to read these letters for yourself in their entirety right here on my website.
This week I will also blog on how the above behavior translates into bad decisions on the part of prosecutors, wrongful prosecutions of innocent people and ultimately, very embarrassing scenarios in court for the prosecutors.
Ms. Fonce-Olivas called me and received my faxed answers on Thursday, February 1, 2007, the very same day my billboard went up. The next day I published the written interview on my blog. On the following Monday, my secretary called to tell me that yet another El Paso Times reporter, this time a Ramon Bracamontes had called to invite me to do a "sit down for a big spread on the campaign in Sunday's paper." He told her they really didn't want to do the faxed thing. I told my secretary how sweet of Mr. Bracamontes to want to cover my campaign. I also asked her if he had told her that his son had worked for my opponent? She said he didn't mention that.
I then wrote Mr. Bracamontes asking him questions about his son working for my opponent and what the rules of journalistic ethics have to say about disclosing that to an interviewee. I told him that I had to deal with the Times and its reporters at arms length due to their behavior in the past and the fact that they are currently being sued by numerous individuals for libel and defamation. I wrote him that I was very concerned about their ethics and could not ignore a pattern of behavior that Times reporters have displayed. Mr. Bracamontes called back, did not write back, and left a very strange verbal message with my secretary. He told her that his son is named Aaron and that he was withdrawing his request for an interview, that he had no interest in this race and some other reporter would be assigned to it. To date, no other reporter from the Times has requested an interview.
What happened to Mr. Bracamontes? He wants to do an interview. He doesn't want to do an interview. He can be fair. He can't be fair. He has an interest in the race. He doesn't have an interest in the race. He has a conflict of interest. He doesn't have a conflict of interest.
I wrote Mr. Bracamontes a second letter and asked him all about his troubles. I also pointed out to him that he and my opponent share the same values. Neither one thinks he has to disclose a conflict of interest unless busted on it, that there is no conflict of interest unless you are busted on it. I also pointed out to him that this type of "ethics" displayed by him and shared by my opponent is what has inspired me to run for DA. I explained to Mr. Bracamontes that my opponent has found himself in a peck of trouble over not dislosing conflicts of interest and that this is why the DA's office needs to be swept clean and that is why I am running. I also explained to Mr. Bracamontes that this type of behavior harms our community, most especially, the underpriveleged who, in a courtroom setting, would have fewer means to combat a DA who doesn't disclose conflicts of interest. What is interesting is that my opponent is training a whole new generation of attorneys to behave just like him. What will we be able to expect of the Aarons of the world? Birds of a feather?
Tomorrow you will be able to read these letters for yourself in their entirety right here on my website.
This week I will also blog on how the above behavior translates into bad decisions on the part of prosecutors, wrongful prosecutions of innocent people and ultimately, very embarrassing scenarios in court for the prosecutors.
Brandon Moon, An Innocent Man v. Jaime Esparza, Pt. IV
February 10, 2007, 6:43 pm
What do we now know about the Brandon Moon case? We know that Mr. Moon went to prison for 17 years for a rape he did not commit. We know from Mr. Moon's complaint that the last seven years of his time in prison, Jaime Esparza's office, specifically, Asst. DA John Davis, had received a report from DPS saying they questioned whether or not the evidence had Brandon Moon's DNA and that they needed other samples. We know that Jaime Esparza never provided them with the requested samples. We know that all the while Mr. Moon was petitioning the court from his cell for testing that John Davis was replying to the court that Mr. Moon was magically responsible for the improper handling of evidence he had never touched. Of course Mr. Moon or any other Defendant would never handle evidence in a case. Most importantly, we know from Mr. Moon's complaint that he believes and his lawyers intend to prove that John Davis hid evidence. We know that Mr. Esparza has publicly stated that Mr. Moon should be compensated but that privately he has fought the case with all of the might of his taxpayer paid attorneys. We know that Mr. Moon's story was so egregious that it was covered by the national and international press and carried in papers as far away as Taiwan and Eastern Europe.
Most importantly, we know that since 1996, Mr. Esparza has known that the identity of the the culprit was in question. Since 2004, when Mr. Moon was fully exonerated we know that the true rapist is still at large. Mr. Esparza has done nothing to find the true rapist who may be in our community. He has all the tools at hand as the DA. He has the evidence. He has investigators. But he prefers to spend his time putting forth ideas like creating a "lipstick case" with 911 numbers for women to call in case of a sexual assault. How insulting and condescending to women is this. Mr. Esparza don't worry about the lipstick case and please do worry about catching a rapist who is out there and who we know now is not Brandon Moon.
Now, what should happen to Mr. Esparza and his right hand man Mr. John Davis? What should happen to prosecutors who hide evidence? What should happen to prosecutors who lie to judges? What should happen to prosecutors who let an innocent man languish in prison? What should the public do with a DA who doesn't even conduct a basic internal investigation after it comes to light that an innocent man sat for years in prison ON HIS WATCH? What do we do with a DA who comes right out and says his staff has done nothing wrong? How could any thinking, intelligent, rational, responsible, innocent and compassionate person NOT conduct an internal investigation to see what happened and how to prevent this from ever happening again?
I will tell you how other jurisdictions answer these questions. It was reported today in the news that a Federal jury just awarded a $14 Million judgment to Mr. John Thompson, a man who was wrongfully convicted of murder and sat on death row for 18 years. He was later fully exonerated by DNA evidence. Sound familiar? The multi-million dollar judgment was against, yes, the Prosecutors. Even in Lousiana, a state known for rampant political corruption on the part of its authorities, even they know when to put their foot down and whack the bad guys. In North Carolina, the State bar has brought an investigation against the District Attorney, Nafong, for wrongfully prosecuting the Duke students for a rape they didn't commit. Sound familiar? And it has made national headlines. Nafong's number is up. His own legal community has said NO MORE. But where is everyone here in El Paso?
Well, Jaime Esparza is on the golf course with his friends the judges. Mr. Moon is picking up the wreckage of his life. And you and I are watching this in horror. On top of that, we are having to work twice as hard to pay higher property taxes to fund the County's mounting legal expenses. Mr. Esparza is a very expensive man to have around. However, it has become very clear that no one is going to come and get rid of him for us. No hero reporter is going to expose him. No special prosecutor is going to stop in his tracks and indict him. The FBI is still waiting for the "smoking gun." (Yes, this is the same FBI whose leader just got convicted in Federal Court for lying. Out of towners had to come down here and do the job.) Yup, we will have to give Mr. Esparza the bums rush ourselves on election day.
Stay tuned for my next blog which will be on how the El Paso Times is connected to Jaime Esparza. The Brandon Moon petition is available below.
Pages 1-8 is on A
Pages 9-16 is on B
Pages 17-24 is on C
Pages 25-32 is on D
Pages 33-35 is on E
Most importantly, we know that since 1996, Mr. Esparza has known that the identity of the the culprit was in question. Since 2004, when Mr. Moon was fully exonerated we know that the true rapist is still at large. Mr. Esparza has done nothing to find the true rapist who may be in our community. He has all the tools at hand as the DA. He has the evidence. He has investigators. But he prefers to spend his time putting forth ideas like creating a "lipstick case" with 911 numbers for women to call in case of a sexual assault. How insulting and condescending to women is this. Mr. Esparza don't worry about the lipstick case and please do worry about catching a rapist who is out there and who we know now is not Brandon Moon.
Now, what should happen to Mr. Esparza and his right hand man Mr. John Davis? What should happen to prosecutors who hide evidence? What should happen to prosecutors who lie to judges? What should happen to prosecutors who let an innocent man languish in prison? What should the public do with a DA who doesn't even conduct a basic internal investigation after it comes to light that an innocent man sat for years in prison ON HIS WATCH? What do we do with a DA who comes right out and says his staff has done nothing wrong? How could any thinking, intelligent, rational, responsible, innocent and compassionate person NOT conduct an internal investigation to see what happened and how to prevent this from ever happening again?
I will tell you how other jurisdictions answer these questions. It was reported today in the news that a Federal jury just awarded a $14 Million judgment to Mr. John Thompson, a man who was wrongfully convicted of murder and sat on death row for 18 years. He was later fully exonerated by DNA evidence. Sound familiar? The multi-million dollar judgment was against, yes, the Prosecutors. Even in Lousiana, a state known for rampant political corruption on the part of its authorities, even they know when to put their foot down and whack the bad guys. In North Carolina, the State bar has brought an investigation against the District Attorney, Nafong, for wrongfully prosecuting the Duke students for a rape they didn't commit. Sound familiar? And it has made national headlines. Nafong's number is up. His own legal community has said NO MORE. But where is everyone here in El Paso?
Well, Jaime Esparza is on the golf course with his friends the judges. Mr. Moon is picking up the wreckage of his life. And you and I are watching this in horror. On top of that, we are having to work twice as hard to pay higher property taxes to fund the County's mounting legal expenses. Mr. Esparza is a very expensive man to have around. However, it has become very clear that no one is going to come and get rid of him for us. No hero reporter is going to expose him. No special prosecutor is going to stop in his tracks and indict him. The FBI is still waiting for the "smoking gun." (Yes, this is the same FBI whose leader just got convicted in Federal Court for lying. Out of towners had to come down here and do the job.) Yup, we will have to give Mr. Esparza the bums rush ourselves on election day.
Stay tuned for my next blog which will be on how the El Paso Times is connected to Jaime Esparza. The Brandon Moon petition is available below.
Pages 1-8 is on A
Pages 9-16 is on B
Pages 17-24 is on C
Pages 25-32 is on D
Pages 33-35 is on E
Attached Files
theresa_BMoon001a.pdf
theresa_BMoon001b.pdf
theresa_BMoon001c.pdf
theresa_BMoon001d.pdf
theresa_BMoon001e.pdf
theresa_BMoon001a.pdf
theresa_BMoon001b.pdf
theresa_BMoon001c.pdf
theresa_BMoon001d.pdf
theresa_BMoon001e.pdf