Attorney Joe Spencer filed a petition seeking the destruction of his client’s arrest records for aggravated sexual assault of a child. The petition he filed stated false grounds. Spencer stated in his petition that there had been an "information." That was not true. There was never an "information" filed against his client. An "information" is a charging instrument. It is like an indictment. Spencer stated in his petition that the "information" had been "dismissed." That is also not true. There had never been a dismissal. A "dismissal' requires the signature of a judge and there was no judge in this case because it never went to court. The case never went to court because the special prosecutor never filed formal charges against the client and just dumped the case.

Joe Spencer filed the Petition for expunction and then went to court. There at court, one other party appeared and that was the office of El Paso County Attorney Jose Rodriguez. The County Attorney agreed to the expunction, even though the pleadings were false. The CountyAttorney signed the order saying he agreed to the expunction. Judge Angie Barill signed the order granting the expunction. District Clerk Gilbert Sanchez sent Judge Barill's order out to 16 law enforcement agencies directing them to destroy the records of one Alberto Ocegueda for aggravated sexual assault of a child. I know for sure that the Sheriff's Office destroyed its records because when you ask them for those records now they say they have none.

Spencer gave the petition and the order of expunction to channel 7 reporter Ashlie Hardway who ran a story accusing me of being in violation of the expunction law. One of the many things Hardway willfully failed to tell her viewers is that the expunction order was obtained illegally.

Stuart Leeds and I brought to Mr. Spencer's attention that his petition for expunction was premised on false grounds, rendering the order of expunction void, and asked him to join with us to correct the record. Spencer refused to do so. In fact, he filed pleadings opposing our efforts to correct the record. We then set the matter to undo Ocegueda's/Spencer's Expunction order for hearing. Judge Pendergrass traveled from Del Rio, Texas to hear the matter (Judge Barill, who signed the original order granting the expunction refused to correct her mistake so judge Pendergrass had to come in to do it.) Joe Spencer, instead of coming clean with the court at the August 13, 2008 Pendergrass hearing continued to defend the lies in his petition by stating that the court had no jurisdiction and the records had already been destroyed so it was too late anyway. Judge Pendergrass pointed out some of the defects in Spencer's petition and then ordered the expunction reversed. Still, Spencer, when faced with a total court reversal and humiliation based on his false pleadings, did not fall on his sword and CORRECT the record as ethics dictate that he do. The rules of ethics REQUIRE an attorney to be truthful with the court. They also require an attorney to inform the court if he has presented false information to the court.--Sometimes attorneys make mistakes in their pleadings or arguments. When they realize what they have done, they must tell the court of their mistake. It is done all the time. Courts need to be able to rely on what an attorney says.

Dallas attorney James Vasilas filed a petition for expunction on behalf of his client who had been charged with Possession/Delivery of marihuana. According to the legal opinion in that case, Vasilas stated grounds in his petition for expunction that were not correct. Unlike Spencer, Vasilas took corrective measures and actually WITHDREW his petition for expunction. However, the DA still indicted Vasilas for tampering with government records. The Court just ruled that a petition for expunction is a government record for purposes of criminal prosecution. Mr. Vasilas' case has been remanded to the trial court.

El Paso attorney Joe Spencer has yet to take corrective measures regarding his false petition for expunction. In fact, El Paso County Attorney Jose Rodriguez has argued to the Texas Attorney General's Office that Ocegueda's records should be kept out of the public light because Mr. Spencer may file an APPEAL of Judge Pendergrass' ruling to undo Ocegueda's expunction. This means that County Attorney Jose Rodriguez is saying that Spencer will not only NOT correct the record but that Spencer may continue to defend the original lie to the court by carrying the lie up to the NEXT court. And the County Attorney is going to help him do this.

The County Attorney, Jose Rodrigue,z signed the original order of expunction saying he agreed to the destruction of Ocegueda's records KNOWING the statute of limitations had not passed and therefore the petition could not even have been FILED for 32 years. Now the same County Attorney may himself appeal Pendergrass' order which means if he does, that he too will be carrying Spencer's lie forward. Worse yet, Jose Rodriguez agreed to the illegal destruction of records and did not correct the mistake himself by withdrawing his agreement when it came to light that Spencer's petition had falsehoods. Rodriguez may very well have destroyed Ocegueda's records kept in his office.--Do you think the county attorney in the Vasilas case is helping Vasilas?

Attorney James Vasilas who withdrew his petition for expunction and corrected himself and who never obtained an order of expunction is facing criminal prosecution. Joe Spencer, who is still fighting to protect his lies and whose petition for expunction in fact RESULTED in the destruction of public records, walks around like he's dipped in gold. Why is that? Well because the District Attorney Jaime Esparza is Spencer's best friend and they "help" each other out. Spencer's sister Dinna Spencer is the Office manager for Esparza. The client, Alberto Ocegueda, is the other best friend of Esparza and the brother of Esparza's high dollar secretary Amy Ocegueda Lujan. And all the while a little girl who accused Ocegueda of penetrating her vagina is now sitting at home being home schooled and not at class with her friends. Ocegueda gets to keep his job at the school district as long as no one can see his arrest records.

None of these sordid, disgusting facts surround Mr. Vasilas' case and look at the difference. Vasilas could probably honestly argue that he made a mistake and he corrected it and furthermore his mistake resulted in no harm to the community as his client's records were not destroyed. What is Spencer's defense other than nananana, my friend is the DA? Catch me if you can?

One very important quality all District Attorneys must possess in order to properly wield their power, is the ability to be blind as to who is in front of them to the exent that they do not do favors for their friends or be vidictive toward their enemies--as tempting as it may be. By law, a prosecutor must seek justice and nothing else, not even convictions. As we all have seen for many, many years, Jaime Esparza has wrongly and corruptly used his power to cut his friends loose, i.e. Former Mayor Joe Wardy (loaded gun at the airport case), Nicolas Rodriguez-son of County Attorney Jose Rodriguez (felony possession of marihuana case), Dick Poe, Jr. (DWI), Police Officers Albert Machorro, Jr.-son of Esparza's investigator, and Jose Garcia (sexual assault), former police officers Luis Nava/Amato (sexual assault of a child), former El Paso Times reporter and now reporter for the Newspaper Tree, Charles DAVID Crowder (let go on his second DWI), Judge elect of the 65th District Court and current assistant county Attorney Yahara Lisa Gutierrez (DWI), Alberto Ocegueda--brother of his personal, over-paid, high price secretary, Amy Lujan, (aggravated sexual assault of a child) and the list goes on and on and on.

Esparza also has a reputation for incarcerating and prosecuting the innocent whom he perceives to have "gotten in his way." Esparza has used his power wrongly to go after George DeAngelis-former deputy police chief and former police officer Cerjio Martinez (they blew the whistle on possible drug cartel infiltration at the police department and Esparza indicted them-see earlier blogs), Nancy Hollebeke (She accused two cops of raping her, one of them the son of Esparza's employee, Albert Machorro Sr. and Esparza had her thrown in jail). Esparza was on the radio the day after the election, March 5, 2008, saying he was coming after me for publishing his best friend's arrest records. That would be the records of alleged child molestor Alberto Ocegueda. Although Esparza has a lousy trial record, what he does have is an impeccable record for being the biggest bully on the block.

Sometime within the last month, a lawyer friend of Stuart Leeds and mine had an appointment to meet with Esparza over a case. Our friend wanted to ask Esparza to dismiss a case he felt Esparza could not prove. Stuart Leeds happened to be in front of the DA's office when our friend was also there waiting for his appointment. The two were chatting about a hearing when Esparza came out to meet with our friend. Stuart left. Our friend reports that Esparza told him, "Interesting company you keep (referring to Stuart)."--Our friend then met with Esparza and tried to show him the paper work on his case but Esparza seemed distracted and unable to focus. Our friend offered to write his arguments and points of law up to make it simple for Esparza. Esparza told him not to bother as he would not dismiss the case. Right after telling our friend he would not dismiss his case, Esparza again said, "Interesting company you keep."

What is it to Esparza who someone's friends are? Even Richard Nixon learned the hard way, keeping an enemies list did him no good.

It is obvious that Esparza was not going to consider the merits of our friend's case because now he knows he's our friend. Yet again Esparza does the wrong thing. What is also interesting is that Esparza is so nervous these days about the Ocegeuda matter and the fact that it has mushroomed into a scandal so big it has reached the desk of the Chief Justice of the Supreme Court of Texas, Justice Jefferson, as well as the Attorney General's White Collar Crime Unit in Austin as well as US Attorney Johnny Sutton's desk that he can't control his mouth or mask any longer his hatred of Stuart and me. We are simply not going away or letting up. The undoing of Ocegueda's illegal expunction seems to have especially rattled him. I wonder why. By telling our friend what he did, Esparza is showing his paranoia and his extreme frustration. Esparza has fallen prey to his own nervousness and vindictiveness. He's coming unglued.

What our friend needs to learn is that Esparza prosecutes the innocent all day long and there is no use going to beg him for a dismissal because it will be all about who you are and who your client is, what you can do for him and the company you keep. It for sure won't be about the merits of the case. That's the last thing Esparza cares about. Stuart Leeds and I learned that lesson years ago on the Hollebeke case. My advice to my friend and other attorneys is to get up off your knees, go do your job, prepare, collect your paperwork, line up your witnesses, read the law, set your cases for one contested hearing after another, never show fear, be willing to make enemies and billy club Esparza and his cadre of like minded drones into the ground with plain old good aggressive lawyering. In other words, go be good defense attorneys. That's what we do and we have a great track record on representing our clients on cases filed by Esparza on everything from murder to rape to DWI. We never bother to go to Esparza's office.

The above is a true story.

The Saga on the part of the corrupt in power to hide records of an alleged pedophile, Alberto Ocegueda, continues. Each step taken by those in the network of power is mind boggling. Jaime Esparza and his cronies used to bob and dodge and always had some legal loophole to hide behind but what they have done with this is open illegality.--Enters assitant county attorney Holly Lytle.

On September 3, 2008 Stuart Leeds and I went to see District Clerk Gilbert Sanchez in the late morning. We wanted to see the files on Alberto Ocegueda's false expunction (2007-2768) and our file to undo the expunction (2008-1016). Sanchez and his assistant Robert Simental (brother of attorney Sergio Coronado who ran for County Judge last round, lost and threw his weight behind Anthony Cobos and who may be seeking a bid for the 168th court) were present. Stuart had first called and spoken to Simental who told Stuart that Judge Pendergrass' orders had not come in yet. Stuart and I then went personally to the Clerk's office and found the two of them, Sanchez and Simental standing together, relaxed, surveying the scene at the clerk's office like two farmers hanging over a country fence gazing at their pasture.

Gilbert said that the orders had come in (contradicting what Simental had told Stuart on the phone earlier that morning). We asked to see the files and Gilbert had Simental hand us both files. We went through the files and told Simental that we wanted certified copies of everything in the files and we would come back later for those since it would take some time. I told him that we wanted a copy of the order granting the original expunction right then and there which he provided. That order shows that Judge Angie Barill in fact granted the illegal expunction and the County Attorney’s Office AGREED to it as evidenced by the signature of one of it attorneys. The County Attorney should have been fighting Ocegueda's expunction as his office does on everyone else who does not meet the criteria of the expunction statute. Also remember that Judge Barill, during the one hearing we had before her on the matter, tried to blame her predecessor for signing the order granting the illegal expuction when she knew good and well it was she who had signed the order. She had the damn file in front of her and could see it was her signature on the order. What a liar she is.

While looking at Judge Pendergrass' two orders (one setting aside as void Barill's original order of expunction and ordering Ocegueda’s arrest records for aggravted sexual assault of a child back into the public files and the other ordering the consolidation of the two cases 2007-2768 and 2008-1016) we noticed that they had not been filed. When a document is filed, it is placed in a stamp time machine and the date and time are marked on the face of it. We asked Gilbert for copies of the two orders and he said “I can’t give you copies of the orders and I am not filing the orders.” Shocked, I asked him why he couldn’t give us copies of our own orders and he said that the county attorney told him not to because someone may want to appeal. I asked Gilbert, “How does someone appeal an order they can’t have?” He said to ask the county attorney. I said the County Attorney has nothing to do with this other than to have wrongly agreed to the original expunction in the first place. I told him the County Attorney has a conflict of interest in this and “Your job is to FILE orders and maintain the records.” Gilbert said, “You’re putting me between a rock and a hard place.” There was a moment of silence when he looked at us and then at Simental and then at us again wondering what to do. Simental, being the weak kneed on the government tit employee that he is, said NOTHING. Stuart told Gilbert, “Gilbert do the right thing, FILE the order.” Gilbert then said “No.”

Today we received a copy of a letter asst. county attorney Holly Lytle wrote to the Texas Attorney General. Who is Holly Lytle? Well she is an obscure attorney bureaucrat who used to work for Esparza before she went to work for County Attorney Jose Rodriguez. One hardly ever sees her even at the lunch hour in the county cafeteria. She now handles open records requests at the County Attorney's Office. But there she was little Ms. Lytle bigger than life on TV during early voting being interviewed for the Ashlie Hardway, channel 7 KVIA ABC, slam defamation piece on me. The insinuation was that I could not possibly legally have gotten records from the county with Ocegueda’s identifying information, i.e. SS number and TX driver’s license number. Oh no! The county NEVER gives out that information. It’s always redacted, the county through its attorney Holly Lytle and channel 7 Ashlie Hardway would want you to believe. This is the same reporter Hardway who reported on the world wide web her husband wanted to get a job with the Police department, the same police department I accused of being in cahoots with DA Esparza in matters of corruption.

Well that insinuation that Hardway, through the clip on Lytle, left you with is a lie. We know it is a lie first of all because my friend attorney Sam Snoddy in fact got those records UNREDACTED through a simple open records request at the counter at the Sheriff’s Office. . In fact, Mr. Snoddy has an affidavit to prove it provided by the Sheriff’s department. I gave the affidavit to channel 7, Hardway's channel, BEFORE the election. (I have an e-mail from Hardway to the Sheriff's department AFTER the election and her slam piece on me asking about the affidavit.) Who would even dare to call into question the word of Sam Snoddy who has spent the last 40 years being an Eagle Scout leader and who has never told a lie to anyone? The likes of Lytle, Hardway, Esparza, etc? Secondly, not DAYS after Lytle made that proveably absurd remark to the public did Stuart receive a copy of Attorney Chris Bradley’s PAY VOUCHER TO THE COUNTY OF EL PASO, a document we had requested through an OPEN RECORDS REQUEST with the county auditor's and there was Bradley's social security number, unredacted and all. What about THAT Ms. Lytle and Ms. Hardway? (Remember in this sordid cast of characters, Bradley was the special prosecutor who declined to prosecute Oceguedashe is a former employee of Esparza and married to the ong time former head of the Police union, etc., etc.)

But the most telling evidence that what Ms. Lytle and Ms. Hardway from channel 7, KVIA, would have you believe is a lie is what Lytle's very own office files every day of the week. The County Attorney files lawsuits to terminate the parent-child relationship on behalf of CPS. Ms. Lytle’s own office, through her own colleagues, files these petitions all day long with WHAT on them? You guessed it, people’s social security numbers and drivers license numbers. I have a WHOLE cabinet full of these petitions filed by the County Attorney as I represent parents in CPS proceedings. I gave examples of these petitions to channel 7 which they never presented to you. Why was Ms. Lytle, who is generally like a mole and never surfaces from her hole in the ground so willing to go on TV to be part of Hardway's story that was premised on falsehoods? Could it be because Esparza refused to prosecute County Attorney Jose Rodriguez’ son, Nicolas Rodriguez, on felony Possession of Marihuana charges? (Remember that a few years back only reported on by the Diario?) Lytle now works for Rodriuguez. And round and round we go. Do we have to stick together?

Now Holly Lytle, in her capacity as a prosecutor for the People of the Great State of Texas, is writing the Texas Attorney General asking that they STILL not have to turn records over to us because the order undoing the ILLEGAL expunction which SHE AGREED to might still be appealed. Lytle wrote the AG “The attorney representing Mr. Ocegueda has indicated that he does intend to file an appeal." How does Lytle know Spencer is going to appeal? Who has she been talking to? What does she care if Spencer appeals? Did she give him a copy of the orders and why not us. She should care about whether an expunction was gotten legally or not and if records have been destroyed legally or not. She should be on our side if she were clean. Why is she now acting on behalf of Joe Spencer who can do his own talking and who obviously filed a false petition for expunction which did not meet the statute? Spencer's false petition for expunction led to the illegal destruction of arrest records on an alleged child molestor, Alberto Ocegeuda, who continues to teach at a public school. IS YOUR HEAD SPINNING YET!

But what was most telling about Lytle's letter to the AG was what she stated, “Please note that these orders were signed by Judge Carl Pendergrass on August 28, 2008 and filed with the clerk on September 2, 2008.” First, why does Lytle have copies of orders on our case and we don’t? Gilbert Sanchez gave them to her, his own attorney, but not to us, the attorneys of record! She is not an attorney or a party on our case? She has copies of our orders and we the attorneys of record do not? Why is Gilbert giving her copies but not us? See how this game is played? See anything remotely wrong with this scene? Think you or your loved ones would get this same treatment?

Secondly, and what is most telling about the lytle game Sanchez and Jose Rodriguez and Jaime Esparza are playing is that Lytle says the orders were filed on September 2, 2008? How does she know? When Stuart and I went to see Gilbert on September 3, 2008 the orders most definitely did not have file stamps on them and furthermore Gilbert said he was flat out refusing to FILE the orders. This was on the THIRD.

I would like to see the orders. The file stamps on them or not on them will tell me many things. First if there is no file stamp on them, they still have not been properly and legally filed. If there are file stamps indicating that they were filed on September 2, 2008, I state here uncategorically that Gilbert is backdating his filings and tampering with the machines because Stuart and I saw with our own FOUR eyes that there were no file stamps on the orders as of the morning of the THIRD of September and I told you all about it on my blog. If the file stamps show a date other than September 2, 2008 then the question is, why is Holly Lytle telling the AG they were filed on September 2, 2008?

I will make available by link here the letter Lytle wrote to the AG seeking to keep Ocegueda’s records out of the public light and acting as attorney for Ocegueda, et. al. She argues that the order expunging, which her office AGREED to, needs to be kept in place even though it is an illegal order. You will also see where she talks about the orders having been filed on September 2, 2008. Oh what scum we have for our public officials and the dishonest rodents they hire to be their bureaucrats. Oh what a tangled web we weave…

Note: District Clerk Gilbert Sanchez is currently, intentionally violating Judge Pendergrass' order to send out the arrest records of Esparza's good friend Alberto Ocegueda for aggravated sexual assault of a child to law enforcement. Stuart Leeds and I have filed various legal pleadings seeking relief from the court, one of which is a motion that the Court hold Sanchez in criminal and civil contempt. It is unthinkable, unimanginable, even with the lowest of the lowest scum at the helm of government in El Paso, that an elected District Clerk would openly repudiate a lawful court order.

My friends, we have now hit a serious crisis in this community. Gilbert Sanchez and his cronies, the District Attorney Jaime Esparza et. al., are so desperate they are now wielding their power visciously, openly and with impunity. You either stand up now by making calls and writing letters or you will get more and then some by the same people. Esparza and Sanchez are weak right now. ONLY the mortally wounded and the desperate would act so contemptuously of the law in a way that is so very provable. Now it is time for the community to push them over the edge by applying pressure in any way you know how.

Fortunately, Sanchez is so debilitated by the numerous scandals embroiling his office, i.e. the FBI corruption probe and the latest allegation that he gave a hooker a job at the Clerk's office, we won't have him for more than one term. In the meantime, however, don't let him get away with breaking the law to help Esparza out and to keep an alleged pedophile's records out of the law enforcement systems illegally. Also the more time Sanchez stalls in secreting these files, the more time he and his buddies will have to destroy records out of those files.

Sanchez has filed pleadings, through Ana Perez, assistant Coutny Attorney (who is also head of the expunction section at the county attorney's office. She is head of the very same section that AGREED to the illegal expunction for Ocegueda. If the County Attorney does not agree to expunctions, then it is hard to get one. The County Attorney through Ana Perez' unit AGREED to Ocegueda's illegal expunction. Perez is also Esparza's former employee and the very lawyer who defends him on his many lawsuits--Now she is helping Sanchez defy a court order thereby hurting the community and helping Sanchez break the law and helping her friend Esparza out to whom she is slavishly loyal. CAN we say Perez has a serious CONFLICT of INTEREST? She is also due to take her seat on Commissioner's Court in January. There is no end in sight for us.) saying that he DENIES being in violation of the Court's order and that he wants a hearing. Here is a letter I wrote to him. Also, let's give Sanchez a hearing. Let's give him the hearing of his life!



THERESA CABALLERO
ATTORNEY AT LAW
300 E. MAIN ST., SUITE 1136
El PASO, TEXAS 79901
915.565.3550
915.5625250 FAX

September 5, 2008


Mr. Gilbert Sanchez
El Paso District Clerk
500 E. San Antonio St.
El Paso, TX 79901

Re: Ex Parte Expunction; Cause number 2008-1016


Dear Mr. Sanchez:

As you know, when Stuart Leeds paid the filing fees in this case, which we are both now the attorneys of record on, he paid for electronic filing. And as you know what your duties and obligations are under the law, you know that you have to electronically send the following documents to all the agencies listed in our petition under this cause number, including most specifically the FBI:

1) Motion for you to be held in contempt filed yesterday, September 4, 2008;
2) Your answer to that motion filed today, September 5, 2008;
3) The open records request I filed with you yesterday, September 4, 2008;
4) My emergency Motion to have you furnish me with a copy of the orders issued by Judge Pendergrass in my own file;
5) Lastly, this letter.

As you know, we served our petition to vacate the expunction in cause number 2007-2768 on all of the agencies we listed, through your office. Your expunction clerk, Veronica, also sent all of the agencies electronically a copy of the mandatory court date that Judge Pendergrass signed setting the case for August 13, 2008. Not one of these agencies filed a response in opposition or showed up to oppose our petition at the hearing. As a result, these agencies are waiting for the records of Alberto Ocegueda’s arrest for aggravated sexual assault of a child to be sent to them as Judge Pendergrass has ordered you to do. You are refusing to not only send out the records and Judge Pendergrass’ order to the listed law enforcement agencies, but you have secreted the files and will not allow Stuart Leeds or me to even look at our own file. Much of your hiding and refusal to follow a court order has to do with the fact that there is an original petition on file in the 2007-2768 case which shows that the court (the 346th) was prefixed in the style prior to filing, which is indicative of forum fixing, an allegation the press has widely reported you are personally being investigated for by the FBI in a widespread Federal corruption probe.

These agencies which are waiting for the records you refuse to send, have a right to know what is going on, specifically that you are refusing to obey a court order and that we have served you with criminal and civil contempt papers and that there will be a hearing. Also, once your contempt hearing has been set by Judge Pendergrass please notify all the same agencies of the hearing date electronically because they have a right to not only be present but to participate in that hearing by way of asking you questions. Please make sure that you save any and all proof that you have notified the FBI of such hearing.

If providing notice is a problem, please notify me right away in writing.

Also, please notify me in writing where you have placed these public files in the event that any law enforcement agency desires to execute a search warrant for them; they will know where to go and what location to list in their search warrant.

Sincerely,



Theresa Caballero


Cc: Judge Carl Pendergrass; Asst. US Attorney Debra Kanof; Asst. US Attorney Margaret Leachman

Incredibly, if you thought this story could not get worse, it just took a turn that would make a wired jaw drop. Now enters District Clerk Gilbert Sanchez who is adding his name to the already long list of El Paso Public Officials working overtime and committing illegal acts to cover for Esparza and his friends. Sanches is refusing to follow a lawful order in the Ocegeuda case.

For those of you who are new readers please see the blog before this one to get a fuller picture of the background. In short, District Attorney Jaime Esparza has a friend named Alberto Ocegueda (the brother of his personal secretary Amy Ocegueda Lujan whom he pays $84,000 year to and who goes to Mexico City on "business" for the El Paso taxpayer). Mr. Ocegueda was a coach at Lujan Chavez school where a six year old girl accused him of molesting her (please see documents on the face of my website, including the arrest affidavit which will give you the gruesome facts). Illegally, DA Esparza handpicked his friend Chris Bradley to be the special prosecutor of Ocegueda. Bradley in turn dumped the case and never even took it before a grand jury. Ocegueda was a free man. (nice to have friends in power) Esparza's other good friend attorney Joe Spencer (whose sister works for Esparza) then filed a petition to expunge Ocegueda's arrest. That petition contained falsehoods. Judge Angie Barill of the 346th signed the order of expunction eventhough it contained falsehoods and Ocegueda's arrest records evaporated from law enforcement systems across the state. According to the law, Ocegueda could not even have filed his petition for expunction for another THIRTY-TWO years. This was nothing short of the illegal destruction of public records. Channel 7 reporter Ashlie Hardway who had been hoping publicly that her husband would get a job as a police officer at the El Paso Police department did a story in the middle of early voting (I was running for DA against Esparza) and accused me of violating this illegal expunction order by dissimenating poor Mr. Ocegueda's arrest records (which I had obtained through an open records request through the SO prior to the illegal expunction). Later when questioned why she didn't report on the illegality of the order in the first place, she said it was "irrelevant to her story." Hardway also failed to appear in court on a prior ocassion about this false story of hers even though she was court ordered to do so and and personally signed for the order. Hardway is very scared of something.

On August 13, 2008 Judge Pendergrass from Del Rio, Texas came to El Paso to consider whether or not Ocegueda's expunction should be reversed (Stuart Leeds had filed pleadings asking for this to be done). Judge Pendergrass ordered that the petition for expunction filed by Joe Spencer on behalf of Ocegueda was a "legal malady" and that it could not have even been filed for 32 years. He ordered the expunction reversed and that the District Clerk send out Ocegueda's arrest records to be put back into the public file.

Unbelievably, yesterday, El Paso District Clerk Gilbert Sanchez an suspect in the FBI corruption probe (he is being investigated for bypassing his own case assignment system and making sure that certain special attorneys get their cases set in friendly courts) told me that he had recieved Judge Pendergrass' WRITTEN order ordering him to send out Ocegueda's records to law enforcement and that HE WAS PERSONALLY and ABSOLUTELY REFUSING TO FILE Judge Pendergrass' ORDER AND HE FURTHERMORE WAS REFUSING TO GIVE ME A COPY OF THE WRITTEN ORDER.

The District Clerk is an elected official whose job it is is to maintain the court files by filing all documents and following judge's orders. The District Clerk cannot pick and choose what orders and motions he will file and what orders he will not file and follow. If an inmate at the jail files a motion on a dirty napkin, the clerk MUST file it. It is unheard of, unthinkable, unreal and very dangerous to see that Gilbert Sanchez is refusing to file an order from a duly designated and presiding district court judge because he feels like it and wants to protect his friends. The District Clerk of El Paso County has personally taken my case off the desk of the regular expunction clerk and has it on his desk and openly states that he is refusing to FILE the judge's order and to follow its instructions and is refusing to give me, an ATTORNEY of record on the case, a copy of my own order on my own case that I helped draft for the judge's signature. One of his pathetic reasons for doing this is "because someone may want to appeal." Does Sanchez hold every file that someone may want to appeal? And you can't appeal an order that hasn't been filed anyway because you can't SEE it. Sanchez is a liar and a crook to the highest degree. Also keep in mind that as of yesterday there were no orders ordering him not to file the order and no stays or injunctions preventing from doing his job. This was of his own volition.

This is breathtaking! Esparza and Spencer and Ocegueda and Judge Barill couldn't fix Mr. Ocegueda's problem by having a crooked judge (which is they way they usually do it around here) because Judge Pendergrass is honest and ordered the right thing. Esparza et. al. were going crazy over Pendergrass' honesty and this is the solution they have come up with. The solution is to keep the filth contained at the local court house and JUST REFUSE TO FILE AND FOLLOW PENDERGRASS' LAWFUL ORDER. After all Judge Pendergrass is all the way in Del Rio. In the meantime, alleged child molester, Alberto Ocegueda continues to work at the SISD around little children and his records are not available to the public or to the school district, his own employers, due to the fantastic, illegal efforts of the DA of this community and the other line of sorry characters we have seen fit to bestow with power, i.e. Judge Angie Barill and Gilbert Sanchez. Remember that when we informed Judge Barill that she had signed an illegal order of expunction she refused to correct the order by undoing it as she is mandated to do by law. She refused to correct her illegal order just as Gilbert Sanchez is refusing to file Judge Pendergrass' order. Judge Pendergrass had to come to town to do Barill's work. Who will come to do Gilbert Sanchez'? To add insult to injury, we just gave DA Esparza a raise to $172,000 A YEAR TO RAPE AND PILLAGE US. As Gilbert Sanchez was refusing to follow a lawfull order to help Esparza out, we were voting to give Esparza the raise. Both happened yesterday.

Staurt Leeds and I in less that 24 hours have filed a motion to have Gilbert Sanchez held in criminal and civil contempt of court. We have filed an open records request. We have contacted the FBI and Judge Pendergrass and I am writing this blog. We are doing everything we can to fight this but you need to know what is going on and to spread the word and to make calls to everyone including Gilbert Sanchez. The press is stupid and compromised. You think Ashlie Hardway is going to report to you any of this. We see how she thinks the law is irrelevant. Did her husband ever get that job with PD? My sources say he did. The El Paso Times isn't going to report this to you for reasons elaborated on in earlier blogs but primarily because Esparza lets them go on their DWIS and they knew I would throw the book at them the same as everyone else if I had been DA.

If this isn't a cover up at the highest levels I don't know what is. As Stuart Leeds said, this appears to be the final stages of a cover up of a reported rape of a child at the hands of the friend of the District Attorney who is the brother of his assitress. This is a true story. Stay tuned.

What follows is a an open records request I made of Gilbert Sanchez this morning.

THERESA CABALLERO
ATTORNEY AT LAW
300 E. MAIN ST., SUITE 1136
EL PASO, TEXAS 79901
915.565.3550
915.562.5250 FAX


September 4, 2008

District Clerk Gilbert Sanchez
500 E. San Antonio St. Cause Numbers: 2008-1016 2207-2768
El Paso, Texas 79901

Re: Open Records Request

Dear Mr. Sanchez:

Yesterday, attorney Stuart Leeds, your assistant Coronado and I were in your office. I requested a copy of Judge Pendergrass’ order vacating an expunction in cause number 2008-1016. While you allowed us to look at the order, you refused to give us a copy of it even though we are the attorneys of record and had in fact drafted it for the judge’s signature. You also told us that you were refusing to file Judge Pendergrass’order and to follow its instructions. I asked you on what authority you were acting and you could provide none. I asked you what orders you had preventing you from handing me an order in my own case and you said you had none. Your only answer was to say that the county attorney and assistant county attorney Joanne Bernal had instructed you to not file the order or give us a copy because someone may want to appeal. Your behavior is illegal and incredible.

How many files do you have on your desk and are refusing to file the final order because “someone may want to appeal?” How many Mr. Sanchez? How would someone appeal an order that the District Clerk himself is refusing to file? Are you giving the order to other people? Have you given the order to the County Attorney’s Office, Joe Spencer, who? And if so why?

Please provide me with a copy of any written authority you are using as a basis to not give me a copy of Judge Pendergrass’order. This would include written orders from a judge and written directives from any lawyer as well as stays, injunctions, etc.

Please provide me with a copy of any written authority you are using as a basis to not file Judge Pendergrass’ order. This would include written orders from a judge as well as written directives from any lawyer as well as copies of any stays, injunctions, etc.

I want a copy of the entire file in cause number 2007-2768 as I am an attorney of record on that case as Judge Pendergrass ordered this case be consolidated with 2008-1016.
As you know, the FBI is investigating you for court fixing. That is the FBI is investigating you for bypassing your computer case assignment system and putting certain lawyer’s cases into friendly courts. Attorney Joe Spencer has two original petitions for expunction in 2007-2768, one where the court is already affixed and one where it is handwritten in. They are both time stamped at exactly the same time. Stuart Leeds and Bobby Coronado saw the petitions and noted the same exact time on both petitions. Since you are obstructing justice and refusing to follow a lawful order by a judge (which is your mandate to do), I have no doubt you will start pulling documents from these files that incriminate you and your friends and destroy them. I want copies of both of those petitions to take to the FBI.

Sincerely,



Theresa Caballero

Cc: Margaret Leachman U.S. Attorney’s Office; David Glickler Texas Attorney General, Judge Carl Pendergrass,