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News (Media Awareness Project) - US TX: Webb Jury Set To Hear Defense
Title:US TX: Webb Jury Set To Hear Defense
Published On:2000-08-17
Source:San Antonio Express-News (TX)
Fetched On:2008-09-03 12:19:02
WEBB JURY SET TO HEAR DEFENSE

LAREDO -- With just about one more day remaining for the prosecution to put
forth its federal corruption case against five local men, testimony moved
slowly Wednesday.

Two government expert witnesses gave general descriptions of
drug-trafficking patterns and the history of firearms, while the
ex-secretary of one of the accused men quietly answered dozens of questions
with the reply, "I don't know."

The five men, all employed by or closely linked to the Webb County district
attorney's office, are accused of soliciting $200,000 from criminal
defendants during the mid-1990s. In return, prosecutors say, they lowered or
reduced drug, weapon or drunken-driving charges in about 40 cases.

Three defendants further are accused of violating the Hobbs Act, an obscure
law that prohibits interfering with interstate commerce. The accusation
stems from cases involving drug smuggling that prosecutors allege were fixed
- -- for a fee -- by the defendants.

To bolster the Hobbs charge, assistant U.S. attorneys called Treasury
Department Agent Giovanni Gaudioso, a top smuggling investigator from
Washington, D.C.

Gaudioso testified that cocaine and marijuana are produced in Colombia and
Mexico and must be transported over international boundaries to be illegally
traded in the United States.

Pills such as Valium, steroids and Rohypnol are prohibited from unauthorized
import into the country, he said.

Assistant U.S. Attorney Trey Martínez asked a firearms expert about five
weapons the accused allegedly seized as part of their purported scam.

Michael J. Cooney of the Bureau of Alcohol, Tobacco and Firearms told the
jury where each weapon had been manufactured, based on a list of the guns'
makes and model numbers.

Cooney offered many details. The company that makes Beretta handguns, for
example, traces its roots to 16th-century Italy, and North American Arms has
moved its manufacturing facility from Provo, Utah, to Spanish Fort, Utah,
and back to Provo.

But, importantly, none of the guns in question were made in Texas, he
testified. In other words, Martínez indicated, the weapons had been brought
across state lines to get to Texas.

Defense attorney Roger Rocha questioned Cooney about his expertise in
interstate commerce. The witness conceded he knew little about it.

U.S. District Judge George Kazen interjected: "He's not here to give a legal
opinion about what interstate commerce is. That's for the jury to decide."

As the trial inched into its 14th day, Kazen at times expressed
exasperation. During a jury break, as the attorneys bickered about whether a
particular document had been shared, the judge blurted, "Just bring the
file!"

Also testifying Wednesday was Patricia Carrera, who for a decade worked for
bail bondsman Jesse Castañeda, one of the men accused in the federal case.

Prosecutors say Castañeda used his close ties to the district attorney's
office to solicit bribes from his clients on promises of lowering their
charges.

Government attorneys questioned Carrera about two lists of client names she
drew up at her boss's request, annotated with comments such as "needs
dismissed before indictment comes in."

Carrera testified Castañeda dictated the lists, which then were given to
defendants "Augie" and "Poncho."

District attorney investigators Agustín Mendoza and Juan Alfonso Rodríguez
are accused of downgrading charges in return for cash funneled through the
bail bondsman.

But Carrera said she did not know what the notes meant.

Under cross-examination, however, Carrera said she never saw Castañeda pay
bribes, nor did she, Mendoza or Rodríguez accept bribes.

The prosecution is expected to rest its case this morning.
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