Brandon Moon, an Innocent Man v. Jaime Esparza Pt. III

Now what is the fallout on the Brandon Moon case? First of all the shameful conviction and subsequent and equally shameful proceedings in this case have carried El Paso's name, along with Jaime Esparza's, literally around the world. I doubt if Mr. Esparza has ever been to Taipei, Taiwan, but his name is known there because on Thursday, December 23, 2004, the Taipei Times published an article entitled "Wrongly Convicted Man released after 17 Years."

In the Taipei Times article, it was written, "Moon and his parents were in the packed courtroom to hear the El Paso District Attorney, Jaime Esparza, apologize for the wrongful conviction, for himself and for the state of Texas."

On December 22, 2004, the Houston Chronicle wrote two interesting things: 1) "Esparza refused to concede that any of his prosecutors are guilty of wrongdoing; 2) "Esparza said he believes Moon is entitled to compensation."

John Davis, chief of Jaime Esparza's Appellate unit, was quoted elsewhere as saying, "It wasn't my role as the prosecutor to go out and manufacture or produce exculpatory evidence." (Exculpatory means that which tends to prove the innocence of someone.)

Mr. Davis was quoted as saying this when in fact it flies in the face of well established law. Brady vs. Maryland, as well as statutory law, as well as the Texas Code of Professional Conduct require and mandate that it is in fact the DUTY of a prosecutor to produce exculpatory evidence.

Again in the Taipei Times article, Esparza was quoted as saying, "I know we can't give you back your years and for that I'm extremely sorry."

However, to date Jaime Esparza still employs John Davis, who is still Esparza's right hand man and chief of his appellate unit. Davis has never even been subject to suspension pending an internal investigation at the DA's office which is the very least Mr. Esparza owes Mr. Moon.

What does it mean for us? Brandon Moon is suing Jaime Esparza for, amongst other things, having "...condoned and maintained the following customs, policies and/or practices within the El Paso District Attorney's office...concealing and or failing to disclose exculpatory evidence..." (From Brandon Moon's complaint). Mr. Moon is seeking compensatory and punitive damages.

You may be interested in knowing that despite the blatant and gross nature of what happened to Mr. Moon, Mr. Esparza is fighting this case tooth and nail, driving the cost of litigation through the roof, and has recently filed a motion to move the case from San Antonio to El Paso. Representing him and John Davis are lawyers in the El Paso County attorney's office. WE are picking up the bill for their legal representation and for any future judgment. Keep in mind that this case is just one of many where Mr. Esparza is being sued for civil rights violations. How much more can we afford and how much is Mr. Esparza going to cost us in terms of human lives and in terms of money?