Liars, Cowards, Crooks and Lynch Mobs vs. Rachel Quintana

It is difficult to tell you the story and convey how wrong all of this is. To the lay person who has no experience with the courts or to the reporter with limited experience, it would be hard to discern what is normal procedure and what isn’t, who is lying and who isn’t. But I will try and tell you what happened to my client City Representative Rachel Quintana as best as I can. This is a story about liars, cowards, crooks and hysterical lynch mobs. It is a story that illustrates why I am running and how rampant the corruption in this town is. It is a story about a bad District Attorney, Jaime Esparza, a bad City Manager, Joyce Wilson, and a bad Chief of Police, Richard Wiles. It is also a story about a community that either watches bad things happen to other people or actually joins in the feeding frenzy and most say nothing. It is a story about two El Pasos. It is a story about what happens to the haves and the have nots and the haves who seem to never have enough.

First I want to explain something that has been a discussion in the press, on the radio and in classrooms. I am an attorney in private practice. While I do a variety of work, the lion’s share of my practice is devoted to criminal defense work. I represent and defend people who have been accused of a crime. It is something I enjoy doing and I am proud to do it. As we all learned in fifth grade social studies, everyone in this country is entitled to a defense and everyone is innocent UNLESS proven, not until proven, but UNLESS proven guilty.

Some people have made the comment that I am against corruption but now I am defending a “corrupt politician.” The inference is that because I am defending someone accused of “corruption” (which by the way is not the accusation against my client) that I am actually for corruption. Now try to follow this flawed argument. I am against murder and rape but I defend people accused of murder and rape. By this contorted logic, if I say I am against murder and rape and then I take a case defending someone who has been accused of murder and rape I am now supposedly for murder and rape. This makes no sense. Just two months ago I represented someone Esparza wrongfully accused of murder. After I proved in court that Esparza had wrongfully accused my client of murder, he was forced to dismiss the case. -- I have also represented people who were guilty of their charges. They too need a zealous defense. The sixth amendment of the US Constitution says, "In all criminal prosecutions the accused shall have the assistance of counsel for his defense." The Constitution also guarantees trial by Jury to determine guilt, not trial by Joyce Wilson and a corrupt newspaper that will act as judge, jury and prosecutor. This is our system. Today is Veteran’s day. Soldiers have given their lives to uphold this system. We commemorate the sacrifices our soldiers have made on Veteran's Day but based on some of the comments I have heard this week we seem to have forgotten as a society what our soldiers died for and what our system is about. This is not about defending a "corrupt politician." This is about upholding and standing strong for our basic values even in the face of angry, ignorant mobs stirred up by El Paso Times editor Dionicio Flores, Chief of Police Richard Wiles, Joyce Wilson and their henchmen.

As you read this story, ask yourself if you are going to be part of the lynching mob?

People who condemn an individual without due process, people who think someone should admit to a crime, people who think that a defense attorney should parade her client out and join the lynching mob and violate her attorney's oath by judging and condemning her clientl instead of protecting and defending her client are either immensely ignorant of our legal system and the Constitution or they are liars and trying to mislead their listeners/readers. Listen carefully to who is saying what. Remember what you know is the true role of a true attorney. The role of an attorney is to represent her client whether the client is you, Joe Blow, or the state. When I represent and defend Rachel Quintana I am doing what I swore to do as an attorney. When Esparza
1) dismisses the DWI charges against Dick Poe or
2) when he lets his friend, former mayor Joe Wardy go after being found with a loaded gun at the airport, or when
3)he refuses to investigate charges of aggravated sexual child molestation against his secretary's brother, Alberto Ocegueda currently a teacher at an El Paso public grade school (the same secretary, Amy Ocegueda Lujan, whom he gives $45,000 of tax payer money to supplement her $30,000 county salary and whom he takes to Mexico City on "business"), Esparza is not doing his job as an attorney. He is not properly representing the people of the State of Texas. He is subjecting the citizens of El Paso to certain dangers and he is creating two El Pasos.

Who is Rachel Quintana? She is a young woman and the mother of a five year old daughter. She decided to run for city rep in district five when the seat came open. It was Presi Ortega’s District. Presi Ortega however, had other plans for his district. He wanted to hand pick his own successor, so he backed and was campaign manager for Jimmy Suerken, who it was believed would carry on Presi Ortega’s votes on higher taxes, higher fees, and the plan to take private land downtown by force of emminent domain if necessary and turn it over to a private group, the Paso del Norte Group for “development.” One would have thought that Presi Ortega would be ashamed to support higher taxes since he himself owed a whopping $350,000 to the IRS. This was reported only in the Mexican El Diario. How come? Where was Joyce Wilson's indignation for law abidingness on that one?

The Paso del Norte Group, a private land hungry group, had as a member and its head, multi-millionaire Bill Sanders who is coincidentally, the father-in-law of city representative Robert O’Rourke. In Spanish this is called "la Palanca."

Furthermore and most importantly, it was reported in the news that member and SPOKESWOMAN for the Paso del Norte Group (PDN) was none other than our very own city manager Joyce Wilson. In English we call this, you scratch my back and I'll scratch yours.

No one in the press, not one single, solitary person, thought it odd or even worthy of a raising of the eyebrow that Joyce Wilson would be leading the charge in her capacity as city manager to acquire privately owned downtown land by force if need be and also simultaneously represent the PDN group that wanted the land as its spokeswoman poised to benefit from the land grab. Also in English legal/ethical parlance, we call this a conflict of interest.

The only people who really grasped these machinations were those of us who recognize the dangers of the current climate at city council and its hair trigger stance on eminent domain, those of us who value the long standing American principles of strong property rights, and more specifically, the downtown land owners themselves who were shocked to find out that they were the hunted prey and they were about to lose their land. These landowners quickly realized that running to the City for help from the PDN brought them straight into the loving arms of Joyce Wilson. It was worse than a bad nightmare. This was real.

So the land owners organized and tried to fight back. Leading the charge for the property owners were/are the Kimmelmans, who own Starr Western Wear and Union Fashion and the Rosenbaums who own at least one downtown flea market and El Paso-LA Limousine Service downtown. They hired an attorney; they had rallies; and they participated in the election process by donating to candidates who opposed the Joyce Wilson/PDN land grab.

Enters, young mother, concerned citizen and Fed Ex employee, Rachel Quintana, candidate for city council against higher taxes and the PDN.

To be continued.




Comments

Posted by lpasopooch  
on November 11, 2007, 9:57 am
Theresa, I'm glad you are the one standing beside Rachel. I was filled with new hope for her when I saw you named as her attorney. She represents my district and our family voted for her. We have been made to look like major hicks because we didn't vote for her media-selected opponent. We have been horrified at the manner in which she has been treated since taking office. We don't know her personally but we do know it's common sense to allow this elected official to do the job she was elected to do. The media has been relentless in their pompous attacks. Her current situation is unfortunate but not fatal. Help her.

Reply to this comment
Posted by lionstar  
on November 16, 2007, 12:18 am
Posted by theresa  
on November 11, 2007, 10:51 am
I will help Rachel. That is my job. Help me help her. Start calling your friends and family to start calling Joyce Wilson and Chief Wiles to lodge your protests. Also call Esparza's office to lodge protests. His number is 546-2059. Let them know that Rachel has support and you are watching them. Just star 67 your calls.

tc

Reply to this comment
Posted by alison  
on November 11, 2007, 5:27 pm
One can hardly believe the circus, as reported by many news outlets, over Ms. Quintana's alleged crime. Detectives? Undercover police? Over a class A misdemeanor? But where are the detectives and undercover cops when Joyce Wilson and Jaime Exparza's friends, Wardy and Poe, have criminal allegations? I wonder why Fed Ex officials days later eventually filed a complaint? Could it be the city does a lot of business with them?

Reply to this comment
Posted by rob  
on November 11, 2007, 8:07 pm
1) <b>the same secretary, Amy Ocegueda Lujan, whom he gives $45,000 of tax payer money to supplement her $30,000 county salary and whom he takes to Mexico City on "business"</b>

So, now you're publicly accusing the Esparsa of cheating on his wife with his secretary? Is this really conduct becoming of someone who wishes to hold public office???

2) No one is saying that Rachael Quintana shouldn't have a vigorous legal defense, but from the outside your involvement has the look of someone who on the one hand rants about out of control politicians, while on the other hand they defend someone who appears to be "part of the problem."

Now you're in a position where the campaign message becomes "El Paso is mired with corrupt politicians who break the law.....except for Rachael Quintana. She's different" followed by a rather involved and "far reaching" conspiracy theory.

There are other criminal defense attorneys in El Paso. Perhaps passing on this case in order to maintain a consistent campaign message would have been the way to go.

Just sayin.

Reply to this comment
Posted by lpasopooch  
on November 12, 2007, 6:19 am
"So, now you're publicly accusing the Esparsa of cheating on his wife with his secretary? Is this really conduct becoming of someone who wishes to hold public office???"

Accusing someone is conduct unbecoming or is a politician acting in such a way unbecoming? Your tone is inconsistent.

Throw sand, distract from the real subject which, in this particular instance, is the huge amount of extra money being paid to a secretary. It's obviously legal or Esparza wouldn't feel so comfortable doing it but it seems worthy of a question or two. I, and many others, didn't even realize "supplemental" pay existed for anyone except football coaches.

The charge against Quintana is a misdemeanor. What lawyer worth their salt wouldn't handle a misdemeanor case? A lot of people hope Rachel's young career can be salvaged. They may not go public but some of the most unlikely people have expressed that very sentiment to me. I hope Theresa will be rewarded for her courage in this matter.


Reply to this comment
Posted by alison  
on November 11, 2007, 8:20 pm
Just saying what? Just saying that Ms. Caballero shouldn't take difficult or high profile cases because? Just saying that Ms. Quintana shouldn't have the best representation available because? Just saying that Ms. Caballero should pass on Ms. Quintana's case because it may interfere with maintaining "a consistent campaign message"? Just saying--how about you stop saying and start thinking. Why don't you go enroll your kids, neices/nephews, etc..., in Mr. Ocegueda's class.

Reply to this comment
Posted by rob  
on November 11, 2007, 11:01 pm
Alison:

I'm "just saying" exactly what the post said: The position for which Theresa is running requires her to think like an attorney as well as a politician. Her actions and campaign message could be perceived as inconsistent. Furthermore, I wonder how much this could hurt her campaign. Go read what Jerry Rosenbaum and Joe Pickett had to say about this incident. And these were two of Quintana's supporters!

There are a plethora of good counsel in this city that are NOT running for public office. Am I saying that she duck cases like these? During election cycles, absolutely! Does she wish to get involved in high profile sticky cases, or does she wish to win public office? The two are not necessarily mutually exclusive, but it is a risk.

Heh. Making wisecracks about pederasts and kids. Classy.

Reply to this comment
Posted by alison  
on November 12, 2007, 8:36 am
Ms. Caballero's message has always been that she is first and foremost an attorney. She has stated that she won't shy away from difficult or high profile cases-even during an election. I don't see how she has veered from that message. Conversely, her opponent is a political animal. He has been known not to let the process run its course or recuse himself from cases in which he has a conflict of interest- for his friends. Now let's see who do we want in office? Ms. Caballero is one of the finest criminal defense attorney's in El Paso and that is exactly who I'd want representing me if it was my head on the chopping block. Who do you think Ms. Quintana should have hired? Which attorney?
Mr. Ocegeda wasn't treated like a "normal" defendant. The process wasn't allowed to take its course. Who let that happen? Now that's classy!

Reply to this comment
Posted by stuart  
on November 12, 2007, 9:28 am
The GREAT thing about this is that Rachel is getting the finest representation and everybody knows it. Everyone knows Theresa will not back down no matter how much they turn up the heat. Everyone knows Theresa won't sell out her client or the law like most of the attorneys in this town would. And Rachel's enemies can't stand that. And everyone knows Theresa is fast and smart and prepared. And she was like this when she was very effectively representing the State of Texas for the three years when she was a prosecutor and an El Paso County Assistant District Attorney. The State got some of its best and finest representation during those three years. That's how she is now as a defense attorney upholding the U.S. Constitution. And that's how she will be when she is elected and sworn in to be the first female District Attorney of El Paso in less than 4 months on March 4, 2008.

But back to the issue at hand: Theresa, you wrote your finest blog yet. Reading it made the hair on the back of my neck stand up. It is bone-chilling what they've done to Rachel and why. Standing up for her shows that you are a true attorney. You make me proud to be a lawyer!

Reply to this comment
Posted by rob  
on November 13, 2007, 10:34 am
alison

Clearly that message is not reaching the masses. Hell, I went back three months in this very blog and didn't get that impression.

You sound like you may know Theresa personally and have already made up your mind, so I doubt you can put your bias aside and re-read this blog with an objective mind. However you may want to try. Re-read the last three months, and ask yourself "If I had never heard of Theresa Caballero, what would my impression be after reading this?"

Do that, and you will understand that the campaign message being communicated is no where near what you seem to think it is. And now add to that the fact that she is defending the latest El Paso politician to be suspected of corruption. To the casual voter, this may not play well.

Also,
Please go back and re-read my comments. When you do, you will finally understand that I made no comment on her abilities as counsel. Comments are made from the perspective of the campaign and public perception.

I'm not about to comment on other attorneys in a public forum.


Reply to this comment
Posted by rob  
on November 13, 2007, 10:04 am
lpasopooch:

Throw sand, distract from the real subject which, in this particular instance, is the huge amount of extra money being paid to a secretary.


It may be shady, but were the payments to the secretary legal? If so, then let's move on. There are real issues that will confront the next DA.
Examples include:

DIMS - Clearly Theresa believes it is unconstitutional. If elected, would she replace it? If so, with what? It not, why not?

Current rash of graffitti and petty crimes in El Paso - Does she have any ideas in mind on how to deal with it from a legal perspective?

Police oversight - Clearly she believes that the investigative process is broken. What would she do to address that?

Esparsa's rumored affairs - Not a political issue.

You seem to be confused. See, this is not issues based. This is a smear. What Esparza does with his secretary in Mexico affects me exactly zero. How much he pays her is slightly more relevant, but still pales in comparison to the bail issue and the prospect of having my property tagged, etc.




The charge against Quintana is a misdemeanor. What lawyer worth their salt wouldn't handle a misdemeanor case?

The question I raise is not one of ability or complexity in the case. It's one of throwing herself into a charged arena. The public at large may be a "lynch mob", but she is relying on that lynch mob to elect her.

Reply to this comment
Posted by lpasopooch  
on November 13, 2007, 11:47 am
Rob:
I hear the "let's move on" number so often it makes me ill. What does that mean exactly? Turn your back? Turn away? I don't care anything about the private lives of individuals in this town....or in the nation. I don't even want to hear about it. I do care about the defense of our country, protection of property rights, abuse of power, and the use of public monies in all aspects of government. That money belongs to us. Where our money is creates power for its spender. I will always ask if the spending of it is legal. Locally we get very little for our money from the El Paso City government. My small family has been retaliated against twice in the eleven years we have lived here for asking those kinds of questions. We couldn't fight for ourselves when we ran out of money to pay lawyers, we suffered consequences. We're not even in public life. We're very ordinary people. When power-people team up against an individual like Rachel Quintana, my blood boils. At the end of the day, if Theresa Caballero rights the ship; if she sheds light so others can safely navigate a murky sea of corruption, then she is a leader by default because no one is out there who wants to do anything but "move on." Rachel Quintana's opponent campaigned using those very words. Those are the words used freely by Progressives. Don't misunderstand. Although Progressives are generally Democrats, not all Democrats are Progressives. Progressives are, in another time, Communists. What's mine is mine. What's your's is mine if I can make use of it.
I appreciate your comments and I'm hoping for the best for all of us.

Reply to this comment
Posted by justrite  
on November 15, 2007, 1:02 am
Let's not forget that Chief Wiles is still using The King of Liars Dean Kinder (ex-V.P. of the Police Officer's Association) as a witness in court cases. Part of Wile's Matrix perhaps? No credibility issues there, right?

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