Doing Things Right, More on My Platform

As District Attorney, I will employ good, honest judgement. Each case is different and requires individual attention. A good district attorney needs to look at the facts. How did the facts become known? How was the evidence collected? Was it done correctly and according to the law? Will it in the end be admissable in court? Are the witnesses still around? Are they credible people if they are? How does the community feel about the particular crime in question? What would be a likely jury verdict if it were to go to trial? What you can get from a jury is a guiding factor when evaluating a case.

Lawyers have to make hard and sometimes painful decisions. How do you call a case? How do you advise your client? What is the good news and what is the bad news? How many lives will your decision affect? Have you done your homework? Have you looked at the law? Have you talked to all the witnesses? Have you checked into the background of the witnesses? Have you examined the physical evidence? Have you filed the proper motions? Have you consulted people who have knowledge that may help you understand your case better? Are you willing to advance your case even in the face of adversity? Are you willing to make the personal sacrifices that you may need to make to do the right thing on a case? Are you using a fair and even hand? Are you weilding your power in a just way that will benefit the community, safeguard it and its rights, advance the law and advance the public's trust in the law and its government?

Sometimes, a prosecutor has to make a call on a case that at first glance seems wrong because it is too lenient or too harsh. The devil is in the details and the details are generally not known to the public at large. Because I will apply the law fairly and blindly and not corrupt the decision making process with partiality and favoritism, the public will regain confidence in its DA's office. The Public will not ask themselves who got away with murder and why when they read about decisions. This week, on May 2, 2007, just such questions came to mind after reading an article entitled "Probation Plea Angers Family of 2004 Crash Victim." In that case, we read that Shonn Albert Alfaro hit and killed Lidia Paola Robles and is being offered probation by the D.A. After so many bad deals and so many years of scandal and so many favors being passed around to special friends and employees of the D.A., the first question the people ask when they hear about such a deal is "Who is the defendant related to?"--This shows how cynical and distrustful we are of our current D.A., Jaime Esparza. Maybe Esparza's decision to offer the defendant probation was right and maybe it was not. We just don't know anymore. And we can't afford to give him the beneft of the doubt anymore. He has abused our trust for too long and he doesn't change.

When I am District Attorney and when, not if, when, I have to make a hard call on a case, I will have so strived to apply the law honestly and fairly that you, the public, will be able to have the confidence in my decision making process and my integrity to trust that I will have done the right thing by the case and the community I owe. You will be able to say, "I trust Theresa and if she thought probation or as the case may be prison, was the best outcome for the case and for us the People, then it is because it is so. She doesn't do favors for anyone." I want you to have trust in your government again. I want to have trust in my government again. I am asking you to give me the power to fix this and to use the law wisely.

Comments

Posted by justrite  
on May 5, 2007, 12:54 pm
As a member of a family who has survived the blatant diregard for honesty, compassion and decency by both the EPPD and Jaime Esparza, I urge everyone to vote for Theresa, as she and her colleagues stood up for my family when no one else would. She was not running for office at the time, nor was she paid a dime for her services. She involved herself when she could have looked the other way like so many others, but she didn't. She stayed and fought because she knew it was the right thing to do. I would never have believed the level of corruption in El Paso, had I not witnessed it with my own eyes and heart. I will be forever grateful for what Theresa, Stuart, Mickey and others have done for my family and can never pay them enough or say THANK YOU enough.

Reply to this comment
Posted by theresa  
on May 5, 2007, 4:58 pm
Dear Justrite,

One wonders just how many people have been subjected to what you have been subjected to. I too would not have believed the level of corruption had I not seen it with my own eyes as well. You are Justrite. Even now, after all the battles and battling daily, I still stand stunned by what I know.

The problem for Esparza is that he has simply hurt too many people and now the word is out. And these people happen to vote. Now lets each tell twenty people and tell them to tell twenty people and so on and so forth.

Reply to this comment
Posted by XADA  
on May 6, 2007, 7:28 am
It's not just about sweetheart plea deals either.

Remember Heidi Consaul? Esparza's team couldn't manage to get a conviction even with a dead baby and a confession. I know the official story is that Consaul couldn't be prosecuted because the confession was "thrown out" by the appellate courts.

But, come on, do you really need a confession to prosecute for murder when you have a dead body and no reasonable explanation besides the defendant's guilt? No, you don't. Not if you are a competent DA.

Reply to this comment
Posted by Sandra Watson  
on May 7, 2007, 7:41 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










Reply to this comment
Posted by Jose  
on May 8, 2007, 8:08 am
Sandra,

I am sorry for your loss, especially under the circumstances. It takes courage for you to come out publicly about your brother's death. It is stories such as this one, and this is only one of many that demands that Jaime Esparza be thrown out of office.

To the media out there, DO YOUR JOB! You chose this profession for a reason. Do your profession proud and don't be allowed yourself to be manipulated by a corrupt system. If you can't do that then find a "safe" job where you don't have to be afraid. Too many professional reporters have lost their lives doing your job, your inaction is a deservice to your chosen profession.

Teresa, your campaign is a small beacon in a dark and dangerous city, hang tough and the city will surprise you with their vote for you on election night.

Reply to this comment
Posted by theresa  
on May 8, 2007, 11:13 am
Jaime Esparza has ravaged this city and its families. The press is too stupid and compromised to shine a light on it.

But people know. They know. And blog readers, Jaime Esparza monitors my website. So does the press. Esparza knows what you write. Let him have it.



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