Read the El Paso Times piece HERE on the what's happening with the recall court injunction.
What a circus!
I don't know why the judge would give his opinion to open court about whether or not someone has violated the law. That's a little odd. And by no means is his side bar opinion binding. We also don't know what gives him that impression, either. We can only guess.
What I do know is that I was wrong about Caballero and Leeds. I said they'd be the best for this case and it turns out that they are just using the stage to attack their enemies. It does not matter if the attacks are pertinent to the case or not. But... that's kind of the way they do things.
It was quite obvious that I was sued so that they could try and track down correspondence between me an their perceived enemies. They quickly found out that I don't correspond with their enemies and there was nothing to find. Hence my shockingly short deposition.
They are always trying to find some kind of evidence of a conspiracy, but never seem to get what they are looking for. What does happen is total chaos, as we have here. It is likely that the chaos might stave off the mayor for a while, but will ruin their client's credibility in the end.
I'd pay money to be in that court room!
Hey David
Someone needs to write a soap based on this mess.All the elements are here.I am telling you there is money to be made out of this novela.It would be a hit.We could call it Pass of the North.Also it would make a good comedy.
Posted by: Thomas | November 22, 2011 at 03:46 PM
EP Slimes took the Judge's comment out of context.
http://www.ktsm.com/news/judge-will-decide-fate-of-controversial-recall-election-on-monday
In one instance, Judge Alvarez admitted there appeared to be some violations of the election code, but then he seemed to side with Brown and his right to free speech.
“What Brown and his group were trying to do is speak out politically and redress their government. It appears what we're talking about here is political speech. I don't think they hate Mayor Cook or any member of city council, they just disagree with them," said Judge Alvarez.
Posted by: skewed reportin | November 23, 2011 at 12:46 AM
You're right Thomas:
It's the best show in town. Not sure anyone in Hollywood could dream up a story like this.
Posted by: Old Fart | November 23, 2011 at 10:24 AM
Caballero and Leeds are in hot water again - it appears they turned in some documents that they altered. They are also facing sanctions for behavior during a previous trial. They are totally embarassing to this city and the judicial system.
Posted by: westside voter | November 23, 2011 at 08:25 PM
http://www.elpasotimes.com/news/ci_19369502?source=most_viewed
Consequences sought for altered document submitted by defense attorneys Caballero and Leeds
By Marty Schladen \ El Paso Times
Posted: 11/19/2011 12:00:00 AM MST
Copy of city document
›› Copy of city document submitted by Caballero and Leeds
El Paso city officials are considering whether to seek disciplinary sanctions against defense attorneys Theresa Caballero and Stuart Leeds.
At issue is a court filing in a case involving former police officers suspected of abusing overtime. The two lawyers represent the police officers who have filed a civil lawsuit against the city.
The city contends that a city document that was filed with the 34th District Court by the lawyers appears to have been altered, although it is unclear who might have altered it.
News of the discrepancy on the city documents comes after the State Bar of Texas last week apparently notified the lawyers that it would seek sanctions against them in a separate case.
Leeds declined to comment on Friday and Caballero couldn't be reached.
However, on Friday afternoon, Caballero faxed a complaint she had just filed with the State Bar seeking sanctions against City Attorney Charlie McNabb, Assistant City Attorney Kenneth Krohn and District Attorney Jaime Esparza.
In it, she and Leeds said they provided "pertinent parts" -- not the whole city document -- to the court.
Leeds and Caballero are representing five former police officers who claim they were forced to resign. But City Manager Joyce Wilson says the officers quit voluntarily when confronted with allegations of falsified time sheets.
The resignations are linked to a city investigation into possible abuse of overtime funded by the Selective Traffic Enforcement Program, a state grant.
The investigation has since moved beyond the STEP grant.
On Oct. 21, Caballero and Leeds sued the city on behalf of the former officers, asking the court to stop city officials from using the state grant.
They argued that the grant was, in effect, an illegal quota system that forced officers to find and cite a certain number of seat-belt, speeding, drunken-driving and other violations.
The case has since been moved to the 346th District Court, and the city attorney's office is seeking to have the suit thrown out on a number of grounds, including that it does not say how a quota system, assuming it exists, harms the former police officers.
Police spokesman Darrel Petry referred questions about the case to Wilson, who said that the lawsuit was without merit and that the city plans to "attack" it.
City Rep. Steve Ortega, a lawyer, seemed to agree. "This is costing the taxpayers money to defend," he said.
One of the the city's central points of attack will be the apparent omission of a key paragraph from a document submitted to the court by Leeds and Caballero.
Leeds and Caballero are arguing that the STEP grant is an illegal quota system. The city's agreement with the Texas Department of Transportation includes a disclaimer on one of the pages.
It reads:
"Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the (city's) obligations hereunder," a copy of the document obtained from the Police Department says.
The page Caballero and Leeds filed with the court does not contain that paragraph. In its place is white space.
The Texas Rules of Disciplinary Conduct say that lawyers must not offer evidence, including documents, that they know are false.
The rules also say that if lawyers later learn that evidence they've offered is false, they must try to correct it.
That applies to documents that might be missing a key passage, said Matthew J. Festa, a professor at the South Texas College of Law in Houston.
"Once they're made aware it's not a complete document, they need to act with all due haste to correct the record," he said.
The complaint the two lawyers filed on Friday with the State Bar against the city lawyers says they intended to provide only "excerpts" of the contract to the court.
"The city is free to put in the parts they want to highlight," the complaint says. "The city is now alleging to the press that because we only submitted the pertinent parts of the contract that we have done something wrong."
Caballero and Leeds are asking that McNabb, Krohn and Esparza be sanctioned for not disclosing what Caballero and Leeds claim is a quota scheme to issue traffic citations.
The defense attorneys seem to be arguing that the disclosure could exonerate people who were cited while cops were being paid by the STEP grant.
Wilson said it was too early to say whether the city would seek to have Caballero and Leeds sanctioned.
"I don't know if the rules permit that at this point," she said.
But Wilson said Caballero and Leeds should be held responsible for what they filed with the court.
"We're going to ask for consequences," she said. "We're definitely going to ask for any and all remedies under the law."
In a separate case, a visiting judge asked that Caballero and Leeds be sanctioned after a trial in May, when Judge Regina Arditti was acquitted of bribery.
In that trial, Judge Steve Smith of Brazos County cited Caballero for contempt 11 times, and Leeds, seven times.
The contempt case has been assigned to Bexar County Judge Juanita Vasquez-Gardner and is set for a hearing in El Paso the week of March 13, Vasquez-Gardner's office said on Friday.
Posted by: westside voter | November 23, 2011 at 08:32 PM
Dont worry Dave...this grievance filed by a reputable East Texas Judge has these two "magpies" worried. There request for support and to be given a "platform" at the January Tejano Democrat Meeting (via Blanche) has caused a mass "exodus" of members who are taking a stance against Blanch and her ignorance in allowing these two "magpies" a podium to spew their nonsense.
These attorneys may not get disbarred completely but sanctions, fines and supsension can be expected for their total lack of disrepect to the Judiciary both in the Courtroom at with the media. The fact that they continue to call him names is blatant and the rope they need to hang themselves. Now they have altered documents...
Many Tejano Democrats had threatened to leave because they were tired of having to stand and give Arditti an "ovation" for her entrance...this was a mandatory request...the fact that she is loved by the old lady crooners who think they run the politics was a bit too much for many members to stomach. Look for a short and empty meeting in January 2012.
Posted by: sc | November 27, 2011 at 03:16 PM
Hey, Skewed Reportin:
KTSM is the only station reporting it that way. The other two stations in town (one spanish, the other KVIA) reported it the same way the Times did.
KTSM is the skewed station in this town. They love TC and SL because their antics make for a shot at some ratings (which they struggle for).
Posted by: Skewed Reportin is an idiot | November 28, 2011 at 08:49 AM