Jaime Esparza and Marcos Lizarraga and the Nightstick Case

Within the last five years an individual who was detained by El Paso police officers was subsequently hospitalized and operated on for injuries he sustained to his rectum. This individual reported that El Paso police officers had penetrated his rectum with a collapsible police baton. In fact, his trousers and underwear had holes bored right through them aligned with his rectal orifice. The individual received treatment at Thomason General Hospital and then sued the City of El Paso and three El Paso Police Officers for what had happened. After depositions had been taken and the evidence collected, the City quickly settled for the maximum allowed which was $250,000. This would be $250,000 of tax payer money in addition to the $70,000 or so dollars in medical bills that the tax payer also paid for, and rightfully so.

The most compelling evidence in the case, according to the attorney, the evidence that the City could not rebut, was the medical evidence. The rectal surgeon who treated the victim testified that although he tried to view the case giving the benefit of the doubt to the law enforcement, he simply in the end was led to the conclusion that the victim had been penetrated by a sphere 7-8 inches in length with a width consistent with a collapsible police baton. He also ruled out homosexual activity. The city knew they were sunk and they paid up.

What was even more remarkable to the attorneys who were involved, more than the shock of the above medical findings which alone are proof conclusive that some members of the El Paso Police department are savages, was the fact that El Paso District Attorney, Jaime Esparza, NEVER indicted the police officers involved. In fact, the attorneys were able to procure the material that they said assistant district attorney Marcos Lizarraga presented to the grand jury. According to one attorney, no where in the box the city gave him, did he find any of the doctor’s medical conclusions, the medical conclusions which inculpated the officers and which led to the City giving in. What did Mr. Lizarraga, Esparza’s right hand man, NOT show the grand jury? Is this another example of Esparza playing footsies with the grand jury to whitewash some bad cops and his participation in the whitewash? How convenient for Esparza and Lizarraga to be able to emerge from the bowels of the grand jury and say the grand jury found “no wrong doing” on the part of the police. And voila. -- How in the world did the grand jury not indict? Could the DIMS money coming in from the police department and going into the pockets of assistant da's be influencing anyone down there?

Keep in mind that Marcos Lizarraga is the same person who tried and convicted Brandon Moon and sent him to prison for 17 years for a rape he did not commit. Lizarraga is also the same person who has the distinction of getting 19 "non-guilty" verdicts in one trial in the only case he has tried in anyone's memory in years (the Betti Flores case).

There was the exact same fact pattern in New York a few years ago. Some NYC police sodomized a man in the bathroom of a precinct with a night stick. What happened to those cops? Well first of all the press was all over it which in turn led to the community rising up in arms. The cops were then prosecuted and at least one of them got life in prison. What happened here in El Paso? Not one of the police in question was prosecuted or even fired. This was so eventhough city council voted to give the maximum settlement because obviously they believed the allegations. In fact, one of the officers even a got promotion to police trainer.

In plain English, the cops in NYC got life and the cops here in El Paso got a pension bail-out and a promotion, all on our dime. How do you like them apples? Nice elected officials we have here.

The story here was buried. But it was covered by the Mexican press “Primer Impacto,” the 60 Minutes of the Spanish speaking community. Not one member of the press here ever asked Mr. Lizarraga or better yet, Jaime Esparza, why the cops were never indicted. What happened? What happened is that Esparza is the gatekeeper to what the grand jury hears and we have a lousy press that doesn't tell you about what is happening and therefore you don't know who to vote for or against. Ask Dionicio Flores, editor of the El Paso Times, why he hasn't informed you about this? Could the answer be that his newspaper receives millions of dollars in advertising revenues from the City and the County? See how this works?

Tell everyone this story. End abuse and corruption now and elect an honest District Attorney. Elect me, THERESA CABALLERO FOR DISTRICT ATTORNEY!


Comments

Posted by Carl Starr  
on September 25, 2007, 6:55 am
The NPT has wrote about some more recent EPPD abuses and lawsuits, one was a 76 yr old man who had a suspious car on his own property, asked the driver for ID and got a gun in his face along with the word "POLICE!" it stuck the retired EPPD Det as such dangerous behaviour, he said 'I got one of those too' and quickly received a beating even after cuffing, the blows out numbering his many elderly aliments....another case was a 14 yr to cover the other end, who was a little slow thus received a facial rearangment via the pavement including broken nose while what the officer described as being *"taken down"* I guess the officer will be able to explain in when he is deposed in the suit, his 'art' of "taking down", yet another recent new EPPD lawsuit re a incident downtown, it was the one where motorists saw a youth so savalegy needless beaten they blew their horns to try to stop the officer or snap him out of his rage.

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Posted by theresa  
on September 25, 2007, 8:39 am
Thanks for the update Carl. What I am also really interested in is what Esparza is doing regarding this obvious criminal behavior on the part of bad cops. Is he goig to indict? The answer is no. Where is the press on this?

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Posted by Carl Starr  
on September 25, 2007, 9:49 am
More people have to become interested in the issue both connected, 'community leaders' if you will and common folk before much change will happen, [unless you get elected] course a DA being able to control/lead a grand jury is nationwide issue, however here in EP our apathy tends to keep issue buried...

some good news is in the downtown incident in my other post the officer was fired and arrested, why he has not been prosecuted yet I dont know...course put time between any wrong and people tend to move or move on and issues 'simmer down'

I agree about DIMS re should not be paid for by police budget...as we know DIMS is a interlocal agreement/contract and for example in AR state every interlocal has to be approved by state AG, one AR AG OP dealt with like DIMS issue ie cashing in on duties from many local governments treasuries, facts there was Judges ie state/county wanted city to help pay Judges paycheck...nevertheless THE STATE LEGE passed a Bill OKing this, yet this AR county interlocaled with this city and the AR AG said fee agreements alone is not what interlocal Agreement Act [which AR bascily tracks TX act expect where noted here] is ment for ie its ment for services ie something tangiable THAT each PARTY to the contract can legally do THEMSELVES... AR AG said since state lege passed statutory law THATS the authority and thus not only is interlocal not needed, ICA is not ment for this ie funding schemes BUT for a service that each party can legally do themsleves, needless to say, not only do we not have auto AG review of interlocals, we also do not have state lege law authorizing any tx city to fund a DA, what we have is a funding scheme which violates the Tx Gov't Code ie Interlocal Cooperation Act.

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