Witness Faces Sentencing

JOSE JUAN RUBIO TO BE CONSIDERED FOR CONSPIRACY, EXTORTION

One of the key government witnesses in the Webb County corruption case,
Jose Juan Rubio, who testified against his own family, will be sentenced in
federal court Wednesday afternoon.

Rubio was indicted along with his uncle, Jose M. Rubio, and his cousin,
Carlos, in July 1999 on charges of conspiracy and extortion.

Jose M. Rubio and Carlos Rubio are the father and brother, respectively, of
current District Attorney Joe Rubio. Jose Juan Rubio is his cousin.

Also indicted were assistant Webb County district attorneys Ramon
Villafranca and Ernesto Cavazos, district attorney investigators Agustin
Mendoza, Alfonso Rodriguez and Domingo Dimas, Laredo Police Officer Juan
Degollado and bail bondsman Gregorio "Jesse" Castañeda.

Jose Juan Rubio faces sentencing on a count of conspiracy and one count of
extortion.

No word was available if there will be a government sentence recommendation
for Rubio in exchange for his testimony against his uncle and cousin during
Wednesday's proceedings before Chief U.S. District Judge George Kazen.

Jose Juan Rubio testified during the August Webb County corruption case
that he participated with his uncle in carrying out negotiations to fix the
state drug case against Roberta Cavazos.

He also testified that he overheard his uncle Jose and cousin Carlos
discussing a second case-fixing scheme in exchange for $18,000.

Rubio will be the second of the multiple defendants to be sentenced.

Villafranca was found guilty in 1999 of conspiracy by a local jury and
began serving his five-year prison term at a Pennsylvania facility on Aug.
22.

The former prosecutor must also pay a $10,000 fine.

Villafranca has additional charges pending and is expected to return to
Laredo for a second trial, also on charges of conspiracy and extortion.

Laredo Police Officer Jose Luis Degollado has been the only defendant
acquitted by a federal jury of five counts of extortion during a trial
earlier this year.

Jose Rubio, his son Carlos, Mendoza, Rodriguez and Castañeda were
convicted on Aug. 31 of multiple charges and are waiting a sentencing date.

Federal prosecutors have less than a month to file their response to
several post-verdict motions filed by defense attorneys for the five
defendants in the Webb County corruption case.

Kazen filed his order Sept. 21, requesting transcript testimony from
Villafranca's January 1999 federal trial and from 1997 federal grand jury
testimony provided by a Webb County deputy.

The Villafranca testimony surrounds the cross-examination of government
informant Jesse Salas by Villafranca's attorney Julio Garcia on the issue
of his marital status Salas was also the star witness in the government's
extortion case against Rubio, his son Carlos, former DA investigators
Mendoza and Rodriguez plus Laredo bail bondsman Castañeda.

Their respective attorneys are currently filing motions seeking a new trial
and judgment acquittal.

Kazen did not allow defense attorneys in the Webb County corruption case to
question Salas over his marriage to Dorothy Elsie Boubel.

Defense attorneys were hoping to impeach Salas' testimony of their clients
by showing that the government informant allegedly broke the law by
committing bigamy, because he knew that Boubel was still married when they
obtained their marriage license and then married.

Castañeda's attorney Roger Rocha filed a proffer of questions that would
have been asked of Salas during the trial in order to attack his
credibility.

As a federal informant, Salas who was working undercover for the FBI, could
not break the law.

Those questions asked by Garcia during the Villafranca trial were not
allowed during Castañeda's August trial.

Judge Kazen has asked for the government's response and testimony in order
for the appellate record to be complete.

The U.S. District judge is also asking for a transcript of testimony
provided by government witness Deputy Donald Hale on July 22, 1997 to a
federal grand jury.

During the trial, Kazen denied defendant Carlos Rubio Hale's testimony in
connection with the federal indictment of Alicia Cruz Flores.

Cruz Flores testified against Rubio and his involvement in case fixing.

Now Kazen wants to review the transcript in order to make a more formal
ruling that will be reviewed by the appellate court.

Kazen also ordered that Hale's grand jury testimony be sealed.

Meanwhile, Webb County Assistant District Attorney Ernesto Cavazos and
Investigator Domingo Dimas are awaiting trial.

(Staff writer Robert Garcia can be reached at 728-2565 or by e-mail at
robert@lmtonline.com)