August 31, 2008
District Attorney Jaime Esparza
500 E. San Antonio St., 2nd Floor
El Paso, TX 79901
Hand Delivered with file stamped copy on September 2, 2008
Re: Formal Criminal Complaint against District Attorney Jaime Esparza, El Paso Attorney Joe Aureliano Spencer and Alberto Ocegueda
Dear Mr. Esparza:
By this letter I am filing a formal criminal complaint against you, attorney Joe Aureliano Spencer and Alberto Ocegueda. I am filing this complaint with you as you are the chief prosecutor in this jurisdiction and according to the Texas Attorney General’s White Collar Crime and Public Integrity Unit, it is my understanding that in order for their unit to open an investigation, the complaint must be sent up by law enforcement. Naturally, as this complaint involves you and your best friends, Mr. Spencer and Mr. Ocegueda, you cannot personally investigate it, and you must pass it on. Please forward this complaint on to David Glickler at the Texas Attorney General’s Office as he is working on different aspects of this case and is already aware of the facts surrounding this case.
I am specifically complaining against you and Mr. Spencer and Mr. Ocegueda for the crime of Tampering with Government records, Texas Penal Code 37.10. Being Board certified in criminal law, you are aware that it is against the law to illegally cause the destruction of public records. Being board certified in criminal law you are also aware of the case entitled The State of Texas vs. James Vasilas, 2008 Tex. Crim. App. Lexis 579 (May 7, 2008); 187 SW3rd 486 and 153 SW3rd 725. This is a case where Attorney Vasilas moved for the expunction of his client’s criminal records and in so doing stated grounds in his petition for expunction which were not true. The District Attorney found about the false petition filed by Attorney Vasilas and being an honest district attorney (which we are sorely lacking here in El Paso), he actually brought charges against and prosecuted Attorney Vasilas for the crime of Tampering with Government Records.
To summarize the facts of my criminal complaint, your good friend Alberto Ocegueda was arrested in November of 2006 for aggravated sexual assault of a child. The accusation was that he had digitally penetrated the vagina of a six year old girl, a student at the school where he was the coach. Mr. Ocegueda is also the brother of your personal assistant, Amy Ocegueda Lujan, a secretary you pay the obscene amount of $84,000 a year to of tax payer money (we live in one of the poorest counties in the state) and a woman whom you send to Mexico City allegedly on government business also on the taxpayer dime. (It is important to note that Amy Ocegueda Lujan is not a lawyer and yet she earns far more that most lawyers in your office do.)
You then disqualified yourself from Ocegueda’s case and wrongly hand selected your successor to handle the case, Attorney Chris Bradley, who by no small coincidence is married to the former head of the El Paso police union, Chris McGill. It should also be noted that the brother of Alberto Ocegueda is Pete Ocegueda a police veteran who was also very active in the same El Paso police union. To the great dismay of Mr. and Mrs. Olvera, parents of the child in question, Chris Bradley declined the case. I have school documents which record that the Olveras were very upset about their daughter’s case being declined and were willing to do anything to make sure that Mr. Ocegueda is not around other children. (Sadly, they had to pull their daughter out of the school and my information is that they now home school her). The documents also state that the Olveras were shocked to have heard about the decline from the therapist and to have read about the case in the media. According to my documents, Ms. Bradley did not inform the Olvera family of her decision to decline the case until two weeks after she did it. What many people also do not know is that Bradley’s decision to decline the case came right after you found out that I had found out about the Ocegueda case and I had already publicly commenced my bid for DA against you. The crux of my platform was that you are corrupt and that you do illegal favors for your friends to the very great detriment of the law and this community and our court system. If you will recall, I had filed pleadings in a case on behalf of a client of mine wherein I mentioned the Ocegueda case and almost overnight Chris Bradley declined Ocegueda’s case.
Subsequently, during my campaign for District Attorney against you, there was a tv news report in February 2008 wherein you appeared and attorney Jeff Rey (ostensibly Ocegueda’s civil attorney) appeared talking about the Ocegueda case and the fact that Mr. Ocegueda’s records had been expunged. According to channel 7 reporter Ashlie Hardway, Ocegueda’s criminal and expungement Attorney Joe Spencer, your other good friend, showed her his petition for expungement and an order of expungement of Mr. Ocegueda’s criminal records. Being Board certified in criminal law, Mr. Esparza, you know that an arrest cannot be expunged until the statute of limitations has run when there is no “indictment” or “information” and no “dismissal for mistake or lack of probable cause.” Since Chris Bradley had declined Mr. Ocegueda’s case and therefore there was no indictment or information or dismissal, Mr. Ocegueda legally has to wait 32 years before he could even file a petition to expunge. However, contrary to statutory law and case law regarding expungements, Mr. Ocegueda and his attorney Joe Spencer did indeed charge forward and without fear of prosecution from you, filed a petition for expungement and worse yet, obtained an order of expungement. That illegal order of expungement led to the illegal destruction of government records. Both the petition and the order were filed in direct conflict with the law.
I am enclosing a copy of Mr. Spencer’s petition for expungement which I was fortunate enough to obtain. You may be interested to know that it was through information obtained from you at the UTEP debate that enabled me to get this most valuable document which is damning evidence of the crimes of which I am complaining. (I want to thank you for inadvertently pointing Stuart Leeds and me in the right direction). As you will see, in Spencer’s petition for expungement, he states that there was an “information” in Ocegueda’s case, which there was not. (I have Chris Bradley’s decline letter). Spencer also states that there was a “dismissal,” which there was not as it was never assigned to a court because it was DECLINED. And Spencer further states that the case is no longer pending which is also false since the statute of limitations has not run (that being 32 years from November 2006).
Furthermore, I am formally asking that Mr. Ocegueda be investigated and prosecuted for the crime of perjury as he swore to the truth of the contents of the petition as evidenced by his notarized signature on the petition. These contents we know were not true.
As for your involvement in these crimes Mr. Esparza, it was through the misuse of your position as District Attorney, your help, your aiding, your abetting and your conspiring with your friends, that valuable government records were illegally destroyed. It will not be hard to prove that you were aware of the illegal petition for expunction as you publicly stated on at least two occasions during campaign functions that you knew about every aspect of the case. It is also a reasonable inference that you sent your good friend Ocegueda to your good friend Spencer for legal representation. In fact, Mr. Spencer’s sister Deanna Spencer has worked for you for years and was the head of the “Victim Assistance Unit” for many years. How ironic the Victim’s Assistance Unit. Did the little Olvera girl receive any of the benefits of your victim’s assistance unit run by Deanne Spencer sister of Joe Spencer and friend of Amy Ocegueda Lujan sister of the alleged child molester Alberto Ocegueda and your best friend? Furthermore, you talked about the expungement and were aware of it and being not only a criminal attorney but board certified in criminal law, you knew that that expunction was illegal and your job was/is to make sure that as District Attorney, Mr. Spencer and Mr. Ocegueda never get prosecuted like Attorney Vasilas did. In fact, on August 15, 2008 channel 7 news reported that they spoke to Mr. Ocegueda in reference to his records being UNexpunged and remarkably they said "Ocegeuda said he was OUTRAGED and that he and his lawyer are definitley going to appeal." Only with your criminal conspiracy and involvement would Ocegueda be so brazen as to publicly say he was outraged that his illegal expunction was not only discovered but undone.
As you also know, attorney Stuart Leeds and I recently successfully litigated a petition to undo Mr. Ocegueda’s illegal expungement. For reasons unknown, Judge Barill did not want to hear the case, so an out of town judge, Judge Carl Pendergrass, came to El Paso to preside. It was refreshing to say the least to see an honest judge in action and so easily and so simply follow the law. Judge Pendergrass who is obviously not impressed with Mr. Ocegueda’s connections, agreed with Mr. Leeds and me and granted our pleadings. He followed the law and stated that Mr. Ocegueda could not have legally filed the petition for expungement for 32 years and that the order of expungement Spencer obtained was a “legal malady.” He decreed that the order be set aside as void and he further decreed that Alberto Ocegueda’s records regarding the aggravated sexual assault of a child be reinstated in City, County and State records including records held at your office..
Mr. Spencer unbelievably and arrogantly argued to the court that even if the judge were to order the records back in there were no records to put in because they had been destroyed. Fortunately, I have copies of Mr. Ocegueda’s records which are intact, clean and without redactions containing all of the necessary identifying information such as his social security number, and Texas Driver’s license number. This is identifying information necessary to tie these records to Mr. Ocegueda and properly identify him in law enforcement systems. The greatest irony of all in this story is that it is my copy of Mr. Ocegueda’s records which Judge Pendergrass has ordered be redistributed to law enforcement agencies across the state and to replenish the public files.
Please refer this complaint to the White Collar Crime Unit of the Texas Attorney General’s Office, Mr. David Glickler.
Sincerely,
Theresa Caballero
Cc: David Glickler, Greg Allen, Chief of Police of the El Paso Police Department, Chris Pacheco of the El Paso Sheriff’s Department
Dear Chief Allen and Ms. Pacheco:
By copying you, I am hereby making a formal request of both of your offices to formally receive this complaint and forward it to David Glickler of the Texas Attorney General’s Office. Please do not shirk your duties by sending this letter back to me citing the dishonest and anemic excuse that you are the wrong agency. Please send it up.
Sincerely,
Theresa Caballero
Dear Mr. Glickler:
Please put this letter in your file.
Sincerely,
Theresa Caballero
District Attorney Jaime Esparza
500 E. San Antonio St., 2nd Floor
El Paso, TX 79901
Hand Delivered with file stamped copy on September 2, 2008
Re: Formal Criminal Complaint against District Attorney Jaime Esparza, El Paso Attorney Joe Aureliano Spencer and Alberto Ocegueda
Dear Mr. Esparza:
By this letter I am filing a formal criminal complaint against you, attorney Joe Aureliano Spencer and Alberto Ocegueda. I am filing this complaint with you as you are the chief prosecutor in this jurisdiction and according to the Texas Attorney General’s White Collar Crime and Public Integrity Unit, it is my understanding that in order for their unit to open an investigation, the complaint must be sent up by law enforcement. Naturally, as this complaint involves you and your best friends, Mr. Spencer and Mr. Ocegueda, you cannot personally investigate it, and you must pass it on. Please forward this complaint on to David Glickler at the Texas Attorney General’s Office as he is working on different aspects of this case and is already aware of the facts surrounding this case.
I am specifically complaining against you and Mr. Spencer and Mr. Ocegueda for the crime of Tampering with Government records, Texas Penal Code 37.10. Being Board certified in criminal law, you are aware that it is against the law to illegally cause the destruction of public records. Being board certified in criminal law you are also aware of the case entitled The State of Texas vs. James Vasilas, 2008 Tex. Crim. App. Lexis 579 (May 7, 2008); 187 SW3rd 486 and 153 SW3rd 725. This is a case where Attorney Vasilas moved for the expunction of his client’s criminal records and in so doing stated grounds in his petition for expunction which were not true. The District Attorney found about the false petition filed by Attorney Vasilas and being an honest district attorney (which we are sorely lacking here in El Paso), he actually brought charges against and prosecuted Attorney Vasilas for the crime of Tampering with Government Records.
To summarize the facts of my criminal complaint, your good friend Alberto Ocegueda was arrested in November of 2006 for aggravated sexual assault of a child. The accusation was that he had digitally penetrated the vagina of a six year old girl, a student at the school where he was the coach. Mr. Ocegueda is also the brother of your personal assistant, Amy Ocegueda Lujan, a secretary you pay the obscene amount of $84,000 a year to of tax payer money (we live in one of the poorest counties in the state) and a woman whom you send to Mexico City allegedly on government business also on the taxpayer dime. (It is important to note that Amy Ocegueda Lujan is not a lawyer and yet she earns far more that most lawyers in your office do.)
You then disqualified yourself from Ocegueda’s case and wrongly hand selected your successor to handle the case, Attorney Chris Bradley, who by no small coincidence is married to the former head of the El Paso police union, Chris McGill. It should also be noted that the brother of Alberto Ocegueda is Pete Ocegueda a police veteran who was also very active in the same El Paso police union. To the great dismay of Mr. and Mrs. Olvera, parents of the child in question, Chris Bradley declined the case. I have school documents which record that the Olveras were very upset about their daughter’s case being declined and were willing to do anything to make sure that Mr. Ocegueda is not around other children. (Sadly, they had to pull their daughter out of the school and my information is that they now home school her). The documents also state that the Olveras were shocked to have heard about the decline from the therapist and to have read about the case in the media. According to my documents, Ms. Bradley did not inform the Olvera family of her decision to decline the case until two weeks after she did it. What many people also do not know is that Bradley’s decision to decline the case came right after you found out that I had found out about the Ocegueda case and I had already publicly commenced my bid for DA against you. The crux of my platform was that you are corrupt and that you do illegal favors for your friends to the very great detriment of the law and this community and our court system. If you will recall, I had filed pleadings in a case on behalf of a client of mine wherein I mentioned the Ocegueda case and almost overnight Chris Bradley declined Ocegueda’s case.
Subsequently, during my campaign for District Attorney against you, there was a tv news report in February 2008 wherein you appeared and attorney Jeff Rey (ostensibly Ocegueda’s civil attorney) appeared talking about the Ocegueda case and the fact that Mr. Ocegueda’s records had been expunged. According to channel 7 reporter Ashlie Hardway, Ocegueda’s criminal and expungement Attorney Joe Spencer, your other good friend, showed her his petition for expungement and an order of expungement of Mr. Ocegueda’s criminal records. Being Board certified in criminal law, Mr. Esparza, you know that an arrest cannot be expunged until the statute of limitations has run when there is no “indictment” or “information” and no “dismissal for mistake or lack of probable cause.” Since Chris Bradley had declined Mr. Ocegueda’s case and therefore there was no indictment or information or dismissal, Mr. Ocegueda legally has to wait 32 years before he could even file a petition to expunge. However, contrary to statutory law and case law regarding expungements, Mr. Ocegueda and his attorney Joe Spencer did indeed charge forward and without fear of prosecution from you, filed a petition for expungement and worse yet, obtained an order of expungement. That illegal order of expungement led to the illegal destruction of government records. Both the petition and the order were filed in direct conflict with the law.
I am enclosing a copy of Mr. Spencer’s petition for expungement which I was fortunate enough to obtain. You may be interested to know that it was through information obtained from you at the UTEP debate that enabled me to get this most valuable document which is damning evidence of the crimes of which I am complaining. (I want to thank you for inadvertently pointing Stuart Leeds and me in the right direction). As you will see, in Spencer’s petition for expungement, he states that there was an “information” in Ocegueda’s case, which there was not. (I have Chris Bradley’s decline letter). Spencer also states that there was a “dismissal,” which there was not as it was never assigned to a court because it was DECLINED. And Spencer further states that the case is no longer pending which is also false since the statute of limitations has not run (that being 32 years from November 2006).
Furthermore, I am formally asking that Mr. Ocegueda be investigated and prosecuted for the crime of perjury as he swore to the truth of the contents of the petition as evidenced by his notarized signature on the petition. These contents we know were not true.
As for your involvement in these crimes Mr. Esparza, it was through the misuse of your position as District Attorney, your help, your aiding, your abetting and your conspiring with your friends, that valuable government records were illegally destroyed. It will not be hard to prove that you were aware of the illegal petition for expunction as you publicly stated on at least two occasions during campaign functions that you knew about every aspect of the case. It is also a reasonable inference that you sent your good friend Ocegueda to your good friend Spencer for legal representation. In fact, Mr. Spencer’s sister Deanna Spencer has worked for you for years and was the head of the “Victim Assistance Unit” for many years. How ironic the Victim’s Assistance Unit. Did the little Olvera girl receive any of the benefits of your victim’s assistance unit run by Deanne Spencer sister of Joe Spencer and friend of Amy Ocegueda Lujan sister of the alleged child molester Alberto Ocegueda and your best friend? Furthermore, you talked about the expungement and were aware of it and being not only a criminal attorney but board certified in criminal law, you knew that that expunction was illegal and your job was/is to make sure that as District Attorney, Mr. Spencer and Mr. Ocegueda never get prosecuted like Attorney Vasilas did. In fact, on August 15, 2008 channel 7 news reported that they spoke to Mr. Ocegueda in reference to his records being UNexpunged and remarkably they said "Ocegeuda said he was OUTRAGED and that he and his lawyer are definitley going to appeal." Only with your criminal conspiracy and involvement would Ocegueda be so brazen as to publicly say he was outraged that his illegal expunction was not only discovered but undone.
As you also know, attorney Stuart Leeds and I recently successfully litigated a petition to undo Mr. Ocegueda’s illegal expungement. For reasons unknown, Judge Barill did not want to hear the case, so an out of town judge, Judge Carl Pendergrass, came to El Paso to preside. It was refreshing to say the least to see an honest judge in action and so easily and so simply follow the law. Judge Pendergrass who is obviously not impressed with Mr. Ocegueda’s connections, agreed with Mr. Leeds and me and granted our pleadings. He followed the law and stated that Mr. Ocegueda could not have legally filed the petition for expungement for 32 years and that the order of expungement Spencer obtained was a “legal malady.” He decreed that the order be set aside as void and he further decreed that Alberto Ocegueda’s records regarding the aggravated sexual assault of a child be reinstated in City, County and State records including records held at your office..
Mr. Spencer unbelievably and arrogantly argued to the court that even if the judge were to order the records back in there were no records to put in because they had been destroyed. Fortunately, I have copies of Mr. Ocegueda’s records which are intact, clean and without redactions containing all of the necessary identifying information such as his social security number, and Texas Driver’s license number. This is identifying information necessary to tie these records to Mr. Ocegueda and properly identify him in law enforcement systems. The greatest irony of all in this story is that it is my copy of Mr. Ocegueda’s records which Judge Pendergrass has ordered be redistributed to law enforcement agencies across the state and to replenish the public files.
Please refer this complaint to the White Collar Crime Unit of the Texas Attorney General’s Office, Mr. David Glickler.
Sincerely,
Theresa Caballero
Cc: David Glickler, Greg Allen, Chief of Police of the El Paso Police Department, Chris Pacheco of the El Paso Sheriff’s Department
Dear Chief Allen and Ms. Pacheco:
By copying you, I am hereby making a formal request of both of your offices to formally receive this complaint and forward it to David Glickler of the Texas Attorney General’s Office. Please do not shirk your duties by sending this letter back to me citing the dishonest and anemic excuse that you are the wrong agency. Please send it up.
Sincerely,
Theresa Caballero
Dear Mr. Glickler:
Please put this letter in your file.
Sincerely,
Theresa Caballero
on September 3, 2008, 7:07 am
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