News (Media Awareness Project) - US TX: State Judge Manuel Barraza Gets Five-Year Prison Sentence |
Title: | US TX: State Judge Manuel Barraza Gets Five-Year Prison Sentence |
Published On: | 2010-05-07 |
Source: | El Paso Times (TX) |
Fetched On: | 2010-05-10 21:21:51 |
STATE JUDGE MANUEL BARRAZA GETS FIVE-YEAR PRISON SENTENCE
EL PASO -- State Judge Manuel Barraza, convicted of three felonies
during a judicial term that lasted just three months, received a
five-year prison sentence Thursday.
U.S. District Judge Frank Montalvo handed down the punishment after a
four-hour hearing. Montalvo elected not to fine Barraza, telling him
he should use his money to support his wife and teenage son while he
is in prison.
A jury convicted Barraza, 55, in February of three corruption charges
- -- two counts of fraud and one of lying to a federal agent. U.S.
prosecutors said Barraza, while a judge in a state drug court,
accepted $5,100 in cash from a woman seeking judicial favors for her
sister, a defendant in a cocaine case. FBI agents captured on
videotape the money exchange between the woman and Barraza.
During the sentencing hearing, Montalvo ordered that Barraza forfeit
the bribe money to the government, and that Barraza be placed on three
years of supervised release after completing his prison term. Sergio
Gonzalez, one of Barraza's attorneys, later said that Barraza will
serve his time at either a federal prison in Fort Worth or a federal
prison camp at Fort Bliss.
A few minutes before receiving the sentence, Barraza pleaded with
Montalvo to be lenient. Barraza described his humble childhood in the
Lower Valley and his pride in his family.
"I know my life is in your hands, judge. I will survive, but my
family, they're the ones I'm concerned about," Barraza said.
Barraza said his faith had helped him survive scrutiny by the public
and the news media, and he added that he has faith he will be
"restored as a judge" after an appeal of his convictions.
"This is truly just an unfortunate experience. This whole case began
on a lie," Barraza said. "It never happened. I wouldn't wish this
experience on my worst enemy."
When Barraza brought up the fact that Montalvo is a federal judge and
appointed for life to the bench, Montalvo bristled.
"I was a state district judge in Texas," Montalvo said, and pointed
out that he was elected to a state judgeship three times. "Don't
lecture me about serving on the state judiciary."
As for Barraza, voters elected him a judge in November 2008 and he
took office in January 2009. By early April, his career was in
shambles. FBI agents arrested him on allegations that he sought sex
and money in return for his judicial rulings or influences.
Barraza's lead attorney, Mer vyn Mosbacker, said during the trial that
the government unfairly targeted Barraza. At sentencing, Mosbacker
asked Montalvo to consider the impact the case has had on Barraza and
his family.
Montalvo responded by saying: "It's almost biblical that our children
are going to pay for our sins."
Montalvo also pointed out that after Barraza took office, he continued
to take money from old clients from his practice as a defense attorney.
"What do you argue is the weight that should be given to the fact that
he never, never stopped?" Montalvo asked Mosbacker. "After the
election, he kept visiting clients. He took his oath. The state
guidelines tell him (he shouldn't). It's as clear as the sun shining
outside."
After Montalvo ordered U.S. marshals to take Barraza into custody,
members of Barraza's family, seated in the last row of the courtroom,
lunged forward, trying to make their way to him. Several marshals and
courthouse security officers held them back.
Barraza bowed his head as U.S. marshals handcuffed him, then led him
out of the courtroom. Barraza was taken to the El Paso County Jail.
Mosbacker declined to comment after leaving court.
Of the dozen people in El Paso convicted of corruption charges in the
past three years, Barraza became the first to be sentenced to prison.
John Travis Ketner, former chief of staff to El Paso County Judge
Anthony Cobos, pleaded guilty in June 2007 to four counts of fraud and
bribery but has yet to be sentenced. Montalvo is also the judge in
that case.
Two others, businessman Bob Jones and former El Paso Independent
School District school Trustee Sal Mena, also have pleaded guilty, but
they have not been sentenced by Montalvo.
Outside the courthouse and before the sentencing hearing, one of
Barraza's relatives was detained by the U.S. Marshals Service after he
allegedly hit a KFOX-TV cameraman with a rolled-up magazine.
The relative, whose name was not immediately available, was walking
into the courthouse with Barraza's father, Manuel Barraza Sr., when
the television cameraman began taking video of them.
The man hit the KFOX photographer with a rolled-up magazine, according
to witnesses. KFOX staff members made a police report, but its
contents weren't available Thursday evening, a police spokesman said.
EL PASO -- State Judge Manuel Barraza, convicted of three felonies
during a judicial term that lasted just three months, received a
five-year prison sentence Thursday.
U.S. District Judge Frank Montalvo handed down the punishment after a
four-hour hearing. Montalvo elected not to fine Barraza, telling him
he should use his money to support his wife and teenage son while he
is in prison.
A jury convicted Barraza, 55, in February of three corruption charges
- -- two counts of fraud and one of lying to a federal agent. U.S.
prosecutors said Barraza, while a judge in a state drug court,
accepted $5,100 in cash from a woman seeking judicial favors for her
sister, a defendant in a cocaine case. FBI agents captured on
videotape the money exchange between the woman and Barraza.
During the sentencing hearing, Montalvo ordered that Barraza forfeit
the bribe money to the government, and that Barraza be placed on three
years of supervised release after completing his prison term. Sergio
Gonzalez, one of Barraza's attorneys, later said that Barraza will
serve his time at either a federal prison in Fort Worth or a federal
prison camp at Fort Bliss.
A few minutes before receiving the sentence, Barraza pleaded with
Montalvo to be lenient. Barraza described his humble childhood in the
Lower Valley and his pride in his family.
"I know my life is in your hands, judge. I will survive, but my
family, they're the ones I'm concerned about," Barraza said.
Barraza said his faith had helped him survive scrutiny by the public
and the news media, and he added that he has faith he will be
"restored as a judge" after an appeal of his convictions.
"This is truly just an unfortunate experience. This whole case began
on a lie," Barraza said. "It never happened. I wouldn't wish this
experience on my worst enemy."
When Barraza brought up the fact that Montalvo is a federal judge and
appointed for life to the bench, Montalvo bristled.
"I was a state district judge in Texas," Montalvo said, and pointed
out that he was elected to a state judgeship three times. "Don't
lecture me about serving on the state judiciary."
As for Barraza, voters elected him a judge in November 2008 and he
took office in January 2009. By early April, his career was in
shambles. FBI agents arrested him on allegations that he sought sex
and money in return for his judicial rulings or influences.
Barraza's lead attorney, Mer vyn Mosbacker, said during the trial that
the government unfairly targeted Barraza. At sentencing, Mosbacker
asked Montalvo to consider the impact the case has had on Barraza and
his family.
Montalvo responded by saying: "It's almost biblical that our children
are going to pay for our sins."
Montalvo also pointed out that after Barraza took office, he continued
to take money from old clients from his practice as a defense attorney.
"What do you argue is the weight that should be given to the fact that
he never, never stopped?" Montalvo asked Mosbacker. "After the
election, he kept visiting clients. He took his oath. The state
guidelines tell him (he shouldn't). It's as clear as the sun shining
outside."
After Montalvo ordered U.S. marshals to take Barraza into custody,
members of Barraza's family, seated in the last row of the courtroom,
lunged forward, trying to make their way to him. Several marshals and
courthouse security officers held them back.
Barraza bowed his head as U.S. marshals handcuffed him, then led him
out of the courtroom. Barraza was taken to the El Paso County Jail.
Mosbacker declined to comment after leaving court.
Of the dozen people in El Paso convicted of corruption charges in the
past three years, Barraza became the first to be sentenced to prison.
John Travis Ketner, former chief of staff to El Paso County Judge
Anthony Cobos, pleaded guilty in June 2007 to four counts of fraud and
bribery but has yet to be sentenced. Montalvo is also the judge in
that case.
Two others, businessman Bob Jones and former El Paso Independent
School District school Trustee Sal Mena, also have pleaded guilty, but
they have not been sentenced by Montalvo.
Outside the courthouse and before the sentencing hearing, one of
Barraza's relatives was detained by the U.S. Marshals Service after he
allegedly hit a KFOX-TV cameraman with a rolled-up magazine.
The relative, whose name was not immediately available, was walking
into the courthouse with Barraza's father, Manuel Barraza Sr., when
the television cameraman began taking video of them.
The man hit the KFOX photographer with a rolled-up magazine, according
to witnesses. KFOX staff members made a police report, but its
contents weren't available Thursday evening, a police spokesman said.
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