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?
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?
on September 19, 2008, 7:26 am
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