Note: District Clerk Gilbert Sanchez is currently, intentionally violating Judge Pendergrass’ order to send out the arrest records of Esparza’s good friend Alberto Ocegueda for aggravated sexual assault of a child to law enforcement. Stuart Leeds and I have filed various legal pleadings seeking relief from the court, one of which is a motion that the Court hold Sanchez in criminal and civil contempt. It is unthinkable, unimanginable, even with the lowest of the lowest scum at the helm of government in El Paso, that an elected District Clerk would openly repudiate a lawful court order.
My friends, we have now hit a serious crisis in this community. Gilbert Sanchez and his cronies, the District Attorney Jaime Esparza et. al., are so desperate they are now wielding their power visciously, openly and with impunity. You either stand up now by making calls and writing letters or you will get more and then some by the same people. Esparza and Sanchez are weak right now. ONLY the mortally wounded and the desperate would act so contemptuously of the law in a way that is so very provable. Now it is time for the community to push them over the edge by applying pressure in any way you know how.
Fortunately, Sanchez is so debilitated by the numerous scandals embroiling his office, i.e. the FBI corruption probe and the latest allegation that he gave a hooker a job at the Clerk’s office, we won’t have him for more than one term. In the meantime, however, don’t let him get away with breaking the law to help Esparza out and to keep an alleged pedophile’s records out of the law enforcement systems illegally. Also the more time Sanchez stalls in secreting these files, the more time he and his buddies will have to destroy records out of those files.
Sanchez has filed pleadings, through Ana Perez, assistant Coutny Attorney (who is also head of the expunction section at the county attorney’s office. She is head of the very same section that AGREED to the illegal expunction for Ocegueda. If the County Attorney does not agree to expunctions, then it is hard to get one. The County Attorney through Ana Perez’ unit AGREED to Ocegueda’s illegal expunction. Perez is also Esparza’s former employee and the very lawyer who defends him on his many lawsuits–Now she is helping Sanchez defy a court order thereby hurting the community and helping Sanchez break the law and helping her friend Esparza out to whom she is slavishly loyal. CAN we say Perez has a serious CONFLICT of INTEREST? She is also due to take her seat on Commissioner’s Court in January. There is no end in sight for us.) saying that he DENIES being in violation of the Court’s order and that he wants a hearing. Here is a letter I wrote to him. Also, let’s give Sanchez a hearing. Let’s give him the hearing of his life!
THERESA CABALLERO
ATTORNEY AT LAW
300 E. MAIN ST., SUITE 1136
El PASO, TEXAS 79901
915.565.3550
915.5625250 FAX
September 5, 2008
Mr. Gilbert Sanchez
El Paso District Clerk
500 E. San Antonio St.
El Paso, TX 79901
Re: Ex Parte Expunction; Cause number 2008-1016
Dear Mr. Sanchez:
As you know, when Stuart Leeds paid the filing fees in this case, which we are both now the attorneys of record on, he paid for electronic filing. And as you know what your duties and obligations are under the law, you know that you have to electronically send the following documents to all the agencies listed in our petition under this cause number, including most specifically the FBI:
1) Motion for you to be held in contempt filed yesterday, September 4, 2008;
2) Your answer to that motion filed today, September 5, 2008;
3) The open records request I filed with you yesterday, September 4, 2008;
4) My emergency Motion to have you furnish me with a copy of the orders issued by Judge Pendergrass in my own file;
5) Lastly, this letter.
As you know, we served our petition to vacate the expunction in cause number 2007-2768 on all of the agencies we listed, through your office. Your expunction clerk, Veronica, also sent all of the agencies electronically a copy of the mandatory court date that Judge Pendergrass signed setting the case for August 13, 2008. Not one of these agencies filed a response in opposition or showed up to oppose our petition at the hearing. As a result, these agencies are waiting for the records of Alberto Ocegueda’s arrest for aggravated sexual assault of a child to be sent to them as Judge Pendergrass has ordered you to do. You are refusing to not only send out the records and Judge Pendergrass’ order to the listed law enforcement agencies, but you have secreted the files and will not allow Stuart Leeds or me to even look at our own file. Much of your hiding and refusal to follow a court order has to do with the fact that there is an original petition on file in the 2007-2768 case which shows that the court (the 346th) was prefixed in the style prior to filing, which is indicative of forum fixing, an allegation the press has widely reported you are personally being investigated for by the FBI in a widespread Federal corruption probe.
These agencies which are waiting for the records you refuse to send, have a right to know what is going on, specifically that you are refusing to obey a court order and that we have served you with criminal and civil contempt papers and that there will be a hearing. Also, once your contempt hearing has been set by Judge Pendergrass please notify all the same agencies of the hearing date electronically because they have a right to not only be present but to participate in that hearing by way of asking you questions. Please make sure that you save any and all proof that you have notified the FBI of such hearing.
If providing notice is a problem, please notify me right away in writing.
Also, please notify me in writing where you have placed these public files in the event that any law enforcement agency desires to execute a search warrant for them; they will know where to go and what location to list in their search warrant.
Sincerely,
Theresa Caballero
Cc: Judge Carl Pendergrass; Asst. US Attorney Debra Kanof; Asst. US Attorney Margaret Leachman