The Tony Ford Case and Jaime Esparza

Last night on channel 44 cable, Court TV had a piece on an El Paso case. It will run again today at 2:00 p.m.. Tony Ford was accused of capital murder in 1991. According to the news, the case was tried in 1993-94 and Ford was convicted and codemned to death for the killing. In 1993, Jaime Esparza was the District Attorney. The case was prosecuted by Chris Bradley and others. This is the same Chris Bradley who is now in private practice, and who served as a special prosecutor on the Alberto Ocegueda case and declined it, see Monday, April 23, 2007 blog.

According to Court TV and other news shows on the case, Tony Ford maintains that he was outside the residence at the time of the killing and was not the shooter. DNA testing has been ordered but the results are not conclusive due to the degraded condition of the samples. More testing will be forthcoming. Court TV featured now defeated ex-judge Luis Aguilar (he received a rare public reprimand while a judge from the state bar for his behavior on the bench) who was an assistant district attorney under Esparza and who was somehow involved in the case because he came out saying Tony Ford was the right man. In other words, he is defending the verdict. Independent investigators, not hacks of Esparza, involved now, say Tony Ford is the wrong man. In fact that is the title of the story, "The Wrong Man."

One person not showcased on the program was the District Attorney himself. Where is Mr. Esparza? Why would he pass up all of this TV coverage? He loves the camera. Whether Ford is guilty or not guilty, Esparza should be answering the questions. When you see the defeated judge Luis Aguilar up front defending the verdict, you know Esparza is once again a mile away watching the scene from underneath some desk. He needs to answer the question because HE IS IN CHARGE.

What we did see in yesteday's paper in the Living section was a photograph of Esparza's personal secretary Amy Lujan (Esparza supplements her county salary with approximately an additional $30,000 from public funds) with her family, her brother retired police officer Pete Ocegueda, Ofelia Ocegueda, Mark Ocegueda, Mike Ocegueda and Amanda Lujan on the "Victim's Walk." Two members of Amy Lujan's family work for Esparza. These are also the relatives of Alberto Ocegueda, aka Alberto Osegueda, who was accused of sexually assaulting a six year at the school where he was a coach. On April 13, 2007, Chris Bradley, the same prosecutor from the Ford case, declined the case on Ocegueda, and according to the paper was "unavailable" to answer questions. Was that little six year old girls' family invited to walk as victims? Which victims count and which ones don't?

One very important question on the Ocegueda aka Osegueda case is when did Esparza pass the case to Bradley. When a channel 7 reporter asked him, he said he didn't know. You see Ocegueda was arrested for the offense in November 2006. Esparza found out that I knew about the case and the inactivity on it on April 6, 2007. On April 13, 2007, Chris Bradley appears and declines it. When did Chris Bradley get on it? Was it in April 2007? Because if so, Esparza has some explaining to do as to why he held the case. The date Esparza transferred the case involving the rape of a child accusation on the brother of his personal and very favorite secretary should be emblazoned in his mind. So if his memory is faltering him, the question becomes why?

Comments

Posted by justrite  
on April 29, 2007, 2:08 pm
Oh boy! We get to witness another corrupt politician defend the honor of Jaime Esparza. What a joke! Talk about lack of credibility. I wonder what rock they found Luis Aquilar under? Perhaps he ran out of "Hot Tamales" to harass.

Reply to this comment
Posted by theresa  
on April 29, 2007, 4:04 pm
For those unaware of the "hot tamale" reference, Luis Aguilar was sued by his former court coordinator for his behavior and one of the many, many things that became known from that lawsuit and the subsequent state bar investigation into his conduct was that his demeanor and attitude toward females was denigrating and abusive and disrespectful. He would categorize women as "hot tamales" and in other ways not fit for public reading.

The voters kicked him soundly out of office. He is the only judge on the demo ticket in recent memory who was challenged after serving only one term and swiftly beaten. The voters of El Paso fixed his mysoginistic, macho wagon.

Reply to this comment
Posted by Sandra Watson  
on May 7, 2007, 7:38 pm
Theresa:

I have been following your Blog regularly and I feel that you would be a “breath of fresh air” for the judicial system of El Paso, Texas! I am writing this response to your Blog to encourage you and the citizens of El Paso to change the course of El Paso!

I was one of the United States citizens that believed all law enforcement in our country was honorable and internally policed to maintain our trust and respect. However, after the recent shooting death of my brother, Bill Ecker of El Paso, Texas, August 28, 2006, I am no longer looking through “rose colored glasses”.

My experience with the police department’s response to my aunt’s request for “help” and the subsequent “Death by Cops”, lack of medical support at the scene, improper collection of evidence, lack of media investigative reporting of the shooting, inappropriate Grand Jury timing, which allowed no time for a proper investigation, combined with the apparent conflict of interest between the DA and the El Paso Police Department, local attorneys with “little hope” of justice via the El Paso courts, has led me on a path of initial disbelief and feelings of despair and anger at the legal system in El Paso, Texas!

Since many people read your Blog, I would like to offer the following points which demonstrate the injustice and lack of local or state ability to police the City of El Paso, Texas. I believe the citizens of El Paso should be living in fear of the current “regime”. We are taught from childhood that we can call the police for help at any time and they will respond to “OUR” needs as a priority, as opposed to their needs for force and destruction

Citizens of El Paso, Texas, you decide if your current judicial and law enforcement needs reformed!

Consider this:


Does the Chief of Police speak with integrity and accuracy?
• Chief of Police Wiles stated numerous times in the media that his officers and department acted totally within policy and procedure hours after my brother’s was gunned down by the police and before any internal investigation had occurred. However, after a shooting review investigation was completed in 2007:
o One of the officers involved in the shooting was found to have violated internal policy and procedures of improper firearm discharge and was reprimanded.
o YOU DECIDE



Can the citizens of El Paso trust the competency of the EPPD?
• One of the officers involved in my brother’s “death by cops” was found to have multiple complaints logged against them, with many of the complaints found to be in violation of department policy and procedures.
• My brother’s hands were bagged and the officers' hands were swabbed for gun shot residue. These tests were pertinent to the case and statements by the officers. However, upon request from the open records department, the response was, “No records were found”. Were the tests ever completed or were the test results “Lost”?
• YOU DECIDE!

Does District Attorney Jamie Esparza strive to maintain the integrity and purpose of the El Paso Police Department’s officer’s to “Protect & Serve”?
• DA Jamie Esparza told me on the telephone the day before the Grand Jury was to convene that, “Even if I have negative information of the officers involved in your brother’s shooting, that doesn’t mean I will present it to the Grand Jury!
• The purpose of the grand jury is to determine if there is enough evidence to go to trial. However, only one (1) week after the shooting of my brother the grand jury was convened to determine if the evidence from the shooting determined whether or not the officers involved should stand trial for their actions. (I was told it would be three months before the completed autopsy report would be released and it was 2007 before the internal affairs investigation by the police department was completed. What evidence, tests and facts did they present to the grand jury?”)
• Jamie Esparza told me on the telephone the reason his department was at the scene of my brother’s shooting was to make sure the police did “everything right”! (Implying, if the DA’s people are not at a crime scene, perhaps the police won’t do everything right?!?!?)
• The police of El Paso have no policy or procedure to test the alcohol or drug level of officers involved in a shooting - randomly or otherwise. They are simply “trusted” by the city to be in total compliance.
• The Police of El Paso have less than one typed page of policy and procedures on use of deadly force.
• The District Attorney’s office receives money from the El Paso Police Department to consult with them (A definite conflict of interest – how can you police a department you are receiving money from?)
• YOU BE THE JUDGE!

Personal character and empathy of Jamie Esparza, District Attorney of El Paso, Texas to the people he works for:
• Ms. Watson, frankly, I have more important matters to deal with than the death of your brother”! (This is what Jamie Esparza told me on the telephone less than one week after the death of my brother.)
• When I voiced concern to Jamie Esparza that a fair internal affairs investigation couldn’t happen because the “Police will do what is necessary to protect their own”, he agreed!
• YOU BE THE JUDGE!

Accuracy of reports by law enforcement:
• The police stated that my brother was standing upright before them with a gun pointed at them.
• According to the autopsy report, one of the wounds to his body was in his back shoulder and traveled downward approx. 4 inches. Another wound was into his neck and traveled in a 2” downward path. (Upright and before them? He was 5” 10” and the officers who shot him were 5” 7”)
• YOU BE the judge!

Does a law abiding citizen of El Paso have any rights?
• My brother was sleeping in a drunken condition in his private home
• My brother had no idea the police were on his property
• He had been drinking.
• He was frustrated and very tired after weeks of clean-up from a local flood, no help from the city and no equipment to rent to get rid of the water and damage
• He was unable to walk or stand without a cane after a recent hip replacement. He was awakened by screaming officers outside his bedroom door. He opened the door in his under-ware and socks and within minutes was shot and killed by the police.
• Did he have a right to a crisis team, professional good judgment and compassion by the police?
• YOU BE THE JUDGE!

Is proper medical treatment initiated to the injured by the El Paso Police?
• The medical team was not called in to assist my brother until after he was “Obviously DOA”, as stated to the paramedics by the officers at the scene. No attempts were made to sustain life or revive him. (Did they wait long enough? – Dead men don’t talk!)

What should YOU do if you need help with a loved one?
• This was not a distressed call by my brother’s aunt. Sallie Ricken (Age 66) did not call 911 for help. She drove to the police station concerned, went in and asked them to follow her home and go in the bedroom with her and see if my brother was OK. She did not want to enter his bedroom alone. She was concerned about my brother and his life. She was not in fear for her life or her safety. She said she will never ask for help from the El Paso Police Department again. (Would you?)
• The responding officers followed her onto her property with guns drawn on her and put her at risk of being gunned down, simply for asking for HELP! (Would you be afraid?)
• Her property was taped as a crime scene, and no crime had been committed.
• A citizen, however, became the criminal simply for needing “help”


Do the media present fair and unbiased news?
o The reporters who interviewed me voiced fear of police retaliation if they reported anything negative in the news about the DA or EPPD
o The reporters who interviewed me stated that they were not given time by management to do investigative reporting into they law enforcement agencies.
o The news outlets concentrated on my brother’s blood alcohol level and that the officer’s stated “he had a gun” but failed to verify the facts. Nothing was ever questioned by the media. If the police and DA said, it was so!
o What is the news media trying to hide?

The corruption and inappropriate relationships between the local, state and federal judicial and law enforcement agencies are so co-mingled they are unable to establish any checks and balances.

How many police shootings resulting in serious injury or death have there been in El Paso, Texas in the last 12 months? Why is the policy, shoot to kill first, ask questions and protect the force later? Do you feel comfortable with this police force and management? Would you call for help?

As a citizen of El Paso, you cannot demand that the DA, Chief of Police or Mayor be fired regardless of how illegal or unethical their actions may be. The mayor is elected and appoints the Chief of Police and the DA is elected. The DA is to investigate and bring to justice any infringements of the law by any governmental department and/or person defying the law of El Paso, Texas. However, in this case he acts as a consultant.

My brother, Bill Ecker, was at the wrong place at the right time for Jamie Esparza and Chief Wiles to “overlook” and continue “business as usual.”

I encourage you to get everyone out to vote, give contributions and make a change. Don’t wait until you experience the “system” as my brother has. He died with the truth on his lips and a desire to live in his heart!

Thank you….

Sandra
Colorado







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