Prosecutors, District Attorneys and their assistant District Attorneys are prosecutors, have tremendous power. A prosecutor can seek the arrest of an individual. He can take a person before the grand jury and have the person indicted (formally charged with a crime) and then subject that person to the court process. In the end, the prosecutor can ask for a person to lose his freedom. For example, a prosecutor can ask the judge or the jury for X amount of years and often time gets what he wants because he is the prosecutor. He represents the State. People like to have trust in their leaders. A prosecutor must be wise and measured in how he uses his power and only charge those individuals against whom he has evidence. Sounds elementary doesn't it? Well in fact, that is not what is going on in Esparza's office and the cost to this community cannot be tabulated.
Yesterday, Stuart Leeds and I won a murder case against Esparza's office. Cause No: 2007OD00117. We represented a man who was arrested on January 7, 2007 for murder and indicted just ten days later on January, 17, 2007. After eight months of hearings, motions to suppress, listening to DNA experts, bringing in witnesses from out of state, Esparza was forced to accept reality and dismiss the case. The reason stated for dismissal, "Evidence insufficient to prove beyond a reasonable doubt at this time." Esparza's biggest problem was that our client was actually innocent of the charges he had placed on him. In fact there were two witness statements taken by the police stating our client was innocent. How did this happen? Esparza's office presented our client's case to the grand jury for indictment BEFORE THE POLICE HAD TURNED THE CASE OVER TO HIM, BEFORE THE POLICE HAD INVESTIGATED THE CASE. By 1-22-07, five days after Esparza indicted our client, the police had not yet turned over the results of their investigation to the DA's office.
How in the world does a district attorney indict a man for murder without an investigation? What "evidence" did Esparza's office present to the grand jury to convince them to indict if the case had not yet been received from the police department? What did Esparza tell those grand jurors? We tried to find out but Esparza's office wasn't talking. Esparza's asst. da spent from February until yesterday directing an investigation that should have occured before the indictment. But even the DA led investigation could not find evidence on our client. Why is the DA indicting first and then investigating later? Why is the DA involved in the investigation at this level anyway?
What did Esparza's folly in this case cost the County?
-Our DNA expert witness/lab fee cost the county more than $42,275.00;
-Investigator fees, at least $2,500.00;
-Out of state attorney fees, $2,000.00;
-Officer in court testimony $????;
-Police overtime $????;
-DA staff attorneys' time $????;
-DPS lab time $????;
-Cost of housing our client in the jail for seven months $????;
-Our legal fees, $?????;
-Court staff time, the Judge, the court reporter, the bailiff, the clerk, $????
Our estimate is that it cost the taxpayers of El Paso well over $100,000 to prosecute an innocent man for murder and then in the end dismiss the case. All because Esparza has lost his way and does not know anymore how a prosecutor should conduct himself. This will never happen when I am in office.
Why did Esparza dismiss the case? He will tell you because there was not enough evidence? But then ask him if that is the case, why did he ever indict it in the first place? Not enough evidence or actual innocence has never barred Esparza from prosecuting someone before. The real reason for the dismissal is because Esparza could not lose a murder jury trial to his opponent in the middle of a contested race for his seat. Our client lucked out, but what was the cost to him and us for Esparza's sloth?
Yesterday, Stuart Leeds and I won a murder case against Esparza's office. Cause No: 2007OD00117. We represented a man who was arrested on January 7, 2007 for murder and indicted just ten days later on January, 17, 2007. After eight months of hearings, motions to suppress, listening to DNA experts, bringing in witnesses from out of state, Esparza was forced to accept reality and dismiss the case. The reason stated for dismissal, "Evidence insufficient to prove beyond a reasonable doubt at this time." Esparza's biggest problem was that our client was actually innocent of the charges he had placed on him. In fact there were two witness statements taken by the police stating our client was innocent. How did this happen? Esparza's office presented our client's case to the grand jury for indictment BEFORE THE POLICE HAD TURNED THE CASE OVER TO HIM, BEFORE THE POLICE HAD INVESTIGATED THE CASE. By 1-22-07, five days after Esparza indicted our client, the police had not yet turned over the results of their investigation to the DA's office.
How in the world does a district attorney indict a man for murder without an investigation? What "evidence" did Esparza's office present to the grand jury to convince them to indict if the case had not yet been received from the police department? What did Esparza tell those grand jurors? We tried to find out but Esparza's office wasn't talking. Esparza's asst. da spent from February until yesterday directing an investigation that should have occured before the indictment. But even the DA led investigation could not find evidence on our client. Why is the DA indicting first and then investigating later? Why is the DA involved in the investigation at this level anyway?
What did Esparza's folly in this case cost the County?
-Our DNA expert witness/lab fee cost the county more than $42,275.00;
-Investigator fees, at least $2,500.00;
-Out of state attorney fees, $2,000.00;
-Officer in court testimony $????;
-Police overtime $????;
-DA staff attorneys' time $????;
-DPS lab time $????;
-Cost of housing our client in the jail for seven months $????;
-Our legal fees, $?????;
-Court staff time, the Judge, the court reporter, the bailiff, the clerk, $????
Our estimate is that it cost the taxpayers of El Paso well over $100,000 to prosecute an innocent man for murder and then in the end dismiss the case. All because Esparza has lost his way and does not know anymore how a prosecutor should conduct himself. This will never happen when I am in office.
Why did Esparza dismiss the case? He will tell you because there was not enough evidence? But then ask him if that is the case, why did he ever indict it in the first place? Not enough evidence or actual innocence has never barred Esparza from prosecuting someone before. The real reason for the dismissal is because Esparza could not lose a murder jury trial to his opponent in the middle of a contested race for his seat. Our client lucked out, but what was the cost to him and us for Esparza's sloth?
on September 7, 2007, 12:02 pm
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