McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

September 26, 2009

Man convicted of murder tells family he’s willing to die

Man convicted of murder tells family he’s willing to die
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September 25, 2009 6:56 PM
Jeremy Roebuck
EDINBURG — A gang member convicted of killing a Harlingen woman told her family Friday he was willing to die for the crime if it would help assuage their grief.

While maintaining his innocence in the murder of 23-year-old Larissa Cavazos, Mario Quintanilla said that through punishment he might find redemption for other mistakes he had made.

“I’ve never really done anything good with my life,” the 26-year-old said, biting back tears. “If my being punished — in whatever way — can help, maybe that’s the one good thing I can do.”

Quintanilla’s statements Friday came during the punishment phase of his capital murder trial. On Thursday, an Hidalgo County jury found him guilty of the 2005 slaying.

Throughout the nine-day trial, prosecutors have alleged he burst into Cavazos’ Edinburg apartment on Dec. 21 of that year looking for drugs he believed to be stashed there. When he found nothing, he shot her, beat her and left her to die.

Although Cavazos had no known links to narcotics, investigators believe Quintanilla and another gang member purchased cocaine at her apartment a few days prior to the slaying from a man attending a party there.

One other man has pleaded guilty to helping Quintanilla in the crime. Charges against two other suspects were dropped for lack of evidence.

On Friday, Cavazos’ family members testified she had graduated from the University of Texas-Pan American with a speech pathology degree only days before her death. She had a job interview lined up in Brownsville the morning she was murdered.

With speech wracked by sobs, her mother, Norma, led jurors through a slideshow of family photos from the young woman’s life.

“It scares me. It scares me so much,” she said. “It’s so hard for me to be away from her.”

Quintanilla agreed that Cavazos had a promising life ahead of her.

Testifying against the advice of his family, he blamed his different path on the circumstances of his upbringing as prosecutors challenged him on his long criminal history and affiliation with the Hermanos Pistoleros Latinos prison gang.

While Cavazos lived in an affluent neighborhood with a supportive family, he was brought up in an area where gangs were your family, he said.

“I’ve come to know her through the trial — in a way,” he said. “She didn’t deserve to die. She was going somewhere. She was doing something with her life.

“I only wish I could have done something similar with mine.”

Because he was convicted of capital murder, jurors have two options in deciding Quintanilla’s sentence: life in prison or the death penalty. They are expected to reconvene Monday to begin deliberating his fate.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.

June 1, 2009

Sotomayor preps for Senate courtship

Filed under: Texas Criminal Defense — Tags: , , , , , , , , , , — Johnathan Ball @ 4:13 pm

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The Associated Press

WASHINGTON (AP) — Venturing into a tradition of protocol and politics, Supreme Court nominee Sonia Sotomayor prepared Monday to greet the senators who will decide her judicial future as control of her Supreme Court journey shifts to Capitol Hill.

One week after President Barack Obama introduced her to the nation, Sotomayor on Tuesday starts private, informal meetings with key Senate leaders of both parties. So begins the choreographed march the White House hopes will land her on the nation’s highest court, perhaps for decades to come.

Quietly but aggressively, a White House team loaded with confirmation veterans is working daily to help Sotomayor and promote the narrative that Obama began: a seasoned federal judge who overcame hardship as a youngster and would deliver justice that reflects respect for the law but an understanding of real life.

Republicans, though, are poised to push Sotomayor about whether she would put her own views above the law and rule as an “activist.”

Sotomayor was at the White House on Monday, consulting with White House attorneys and going over her Senate questionnaire. Her response to the document – an extensive survey of her life, public statements, rulings and political activities – is expected soon.

Beyond the Senate meet-and-greets, Sotomayor is likely to spend most of her week at the White House.

The judge herself is staying mum in public, as is custom. News photographers could cover her White House visit Monday, but reporters could not.

Barring a huge surprise, she is expected to be confirmed. Democrats control 59 seats in the Senate, where a majority vote is needed for confirmation.

On Tuesday, Sotomayor is expected to visit 10 senators, including Majority Leader Harry Reid, D-Nev.; Minority Leader Mitch McConnell, R-Ky.; Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee; and Sen. Jeff Sessions of Alabama, the panel’s top Republican.

She’s also slated to meet with the No. 2 Democrat and Republican, Sen. Dick Durbin, D-Ill., and Jon Kyl, R-Ariz., and to lunch privately with Sen. Chuck Schumer, D-N.Y., a Judiciary member and her unofficial chaperone during the confirmation process.

The roughly half-hour, closed-door meetings – known as “courtesy calls” – are as important for the courtly tone they set for the beginning of the Senate’s debate on Sotomayor as for the few moments of candid conversation they offer senators and the nominee. A more substantive and freewheeling discussion of her record and past will come with the impending release of the detailed questionnaire, which will likely yield fodder for her supporters and detractors.

Sotomayor, 54, would replace retiring Justice David Souter.

First, she’ll have to meet with many of the senators who get to vote on her confirmation. Her Tuesday visits include two Judiciary members, Sen. Dianne Feinstein, D-Calif., and Sen. Orrin G. Hatch, R-Utah, as well as home-state Sen. Kirsten Gillibrand, D-N.Y.

The White House has not identified any one person to shepherd Sotomayor’s confirmation, but rather a team of insiders working on her behalf. They are helping her with the questionnaire, prepping her for her hearings, reaching out to Capitol Hill and working on strategies to stay on message in the media.

The team meets each morning and evening with Obama’s chief of staff, Rahm Emanuel, and senior Obama adviser David Axelrod.

Leading the group is Cynthia Hogan, chief counsel to Vice President Joe Biden. She was Biden’s lead counsel when he was chairman of the Judiciary Committee during the Senate confirmation reviews of justices Ruth Bader Ginsburg and Stephen Breyer.

Other key members are Ron Klain, Biden’s chief of staff, chief counsel of Judiciary during the confirmation hearings of justices Clarence Thomas and David Souter; White House counsel Greg Craig and deputy counsel Cassandra Butts, both heavily involved in Sotomayor’s vetting; White House associate counsel Susan Davies, who served as top counsel to the Judiciary Committee under Leahy; deputy communications director Dan Pfeiffer, who oversaw the media rollout of Sotomayor’s nomination; and Stephanie Cutter, a strategist seasoned in Senate politics, campaigns and the Clinton White House.

The administration is reaching outside for help, too. Ricki Seidman, who held senior roles in the Clinton White House and worked for the Obama campaign as a top aide to Biden, is coordinating the White House’s message with those of supportive interest groups.

Obama wants the Senate to confirm Sotomayor before its August vacation. The White House formally started the clock Monday, sending her nomination to the Senate.

Leahy on Monday stepped up his calls for quick Judiciary Committee hearings, saying the sessions are Sotomayor’s only opportunity to respond to harshly worded criticism by prominent Republicans such as talk-show host Rush Limbaugh and former House Speaker Newt Gingrich.

Both have called Sotomayor a racist for 2001 comments in which she said the decisions of a “wise Latina” judge would be superior to those of a white male. Limbaugh on Friday compared choosing her to tapping a former Ku Klux Klan leader for the job.

In a conference call with reporters, Leahy said: “I’ll give everyone plenty of time to read all her cases and prepare for it. But I’m not going to sit around and wait forever and just have these attacks go on, be unanswered.”

Democrats hope the incendiary remarks by some Republicans outside Congress will enhance their chances of getting GOP senators, who have been much more tempered in their comments, to agree to a swift timetable for her confirmation. That could mean hearings as early as the first full week of July.

But McConnell seemed to suggest that was unlikely.

“Judge Sotomayor has a long record and it will take a long time to get through it,” the GOP leader said Monday on the Senate floor.

May 26, 2009

Border Patrol Getting Bigger Marijuana Busts In Hidalgo County

BP: Frequency, size of marijuana seizures keep climbing

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McALLEN — The frequency and size of marijuana seizures in the Rio Grande Valley continues to grow significantly compared to last year, the U.S. Border Patrol announced this week.

During the week of May 11 to May 17, for example, the agency’s Rio Grande Valley sector confiscated more than nine tons of marijuana compared to 3.8 tons during the same time period in 2008.

Agents conducted 60 seizures that week, according to a Border Patrol news release.

Officials attributed the 71 percent increase in narcotics seizures to increased manpower and a better infrastructure to prevent drug smuggling.

“Our ability to detect and apprehend is higher,” said Border Patrol spokesman John Lopez.

The Border Patrol seized more marijuana in the first six months of 2009 than in all of 2008, said Daniel Doty, a local Border Patrol spokesman.

Lopez said smugglers also appear to be smuggling larger quantities into the United States because of added patrols by the Mexican government.

“They’re taking larger risks,” Lopez said.

The largest seizure of the week occurred in Rio Grande City when agents found 3,883 pounds of marijuana inside an abandoned truck.

The driver of the truck had led agents on a chase away from the Rio Grande before ditching the vehicle and fleeing on foot.

Agents found more marijuana scattered throughout a nearby dilapidated shed.

Also last week, agents seized 1,454 pounds of marijuana from two separate vehicles after each was seen leaving the Rio Grande area.

In total, agents seized 18,159 pounds of marijuana with an estimated street value of about $14.5 million.

The drugs were turned over to the Drug Enforcement Administration.

The Rio Grande Valley sector has nine stations stretching from Brownsville to Corpus Christi.

Ana Ley covers law enforcement and general assignments for The Monitor. She can be reached at (956) 683-4428.

May 10, 2009

Alleged Gulf Cartel member awaits trial on 2000 drug charges

Alleged Gulf Cartel member awaits trial on 2000 drug charges

 Osiel Cardenas Guillen continues to await his trial on 2000 drug trafficking charges as U.S. Attorneys process his alleged Gulf Cartel associates who were arrested earlier this month.

Cardenas Guillen was indicted in 2000 and was later extradited by Mexico to the U.S. in 2007. He faces charges of drug trafficking and assaulting and threatening to murder a FBI agent and a sheriff’s deputy, public records show.

Several weeks ago, U.S. District Judge Hilda G. Tagle moved Cardenas Guillen’s trial in the Brownsville Division of the U.S. District Court Southern District of Texas to March 2009.

His attorneys, including Roberto Yzaguirre from Yzaguirre & Chapa of McAllen, requested the continuance noting that despite months of review, they have been unable to review all the material. They also claim that some of the material must be translated from English to Spanish or Spanish to English.

Cardenas Guillen’s attorneys also maintain that their review of material with their client is “severely limited” because of his restrictive confinement and the few hours a week that they are allotted with him.

Yzaguirre also represents Roma resident Jose Carlos Hinojosa, 31, aka “Charlie,” aka “Sobrino,” who was named earlier this month along with nine other suspects in a 17-count indictment filed in the McAllen Division of the U.S. District Court Southern District of Texas.

Yzaguirre was not available for comment.

The suspects are charged with drug trafficking and conspiracy to launder money.

Hinojosa along with Raymundo Edgar Gonzalez, 37, and Sergio Ivan Olivarez-Flores, 24, who were named in the indictment, pleaded not guilty Thursday and are being held without bond.

The 10 suspects are among 507 persons, including Cardenas Guillen’s brother Ezequiel Cardenas Guillen, arrested or indicted in a 15-month federal investigation called Project Reckoning led by the Drug Enforcement Administration.

Local lawyer Johnathan Ball assists in polygamist sect case

Local lawyer, child welfare staff assist in polygamist sect case

McALLEN – Johnathan Ball’s career was defending clients in minor civil suits and criminal charges – until he found himself involved in the largest child welfare case in state history.

The 31-year-old McAllen lawyer is representing one of hundreds of children removed from a West Texas polygamist compound earlier this month on allegations that youths there were at risk of being forced into underage marriage.

What he thought would be a single issue case has evolved into an intricate legal conundrum, calling into question whether a parent’s beliefs can constitute abuse.

“I knew it was going to be strange,” he said last week. “But the whole case has become more complex than I thought it would.”

More than 400 children were removed April 8 from the Yearning for Zion compound near San Angelo. Residents at the ranch – run by members of a Mormon splinter organization called the Fundamentalist Church of Jesus Christ Latter Day Saints – marry off underage girls to older men within their group.

State child-welfare authorities raided the property after an anonymous phone caller claiming to be a 16-year-old girl told a family violence shelter she had been beaten and raped by her 49-year-old husband. While recent developments have cast doubt on that original tip, investigators say they have found evidence of physical and sexual abuse at the ranch.

To accommodate the massive legal and investigative effort, several Hidalgo County lawyers like Ball responded to a request for legal aid and took on the hundreds of child custody cases that sprung.

Ball – who works for the Griffith & Garza law firm in McAllen – headed to San Angelo two weeks ago to meet with his 5-year-old client. At the time, Child Protective Services was temporarily holding the children at the San Angelo Coliseum. Entering required a police escort and a brief medical examination, Ball said.

“I think (the compound’s former residents) were interested in all these people coming in with files and suits,” Ball said.

Dozens of CPS investigators and caseworkers from across the state had convened on the facility to take individual statements from family members. 

While an exact number was not immediately available, several of the child welfare support staff came from Hidalgo County CPS offices, the agency’s Corpus Christi-based spokesman John Lennan said.

“They’re all trained to the same standards as they would be in Houston, San Antonio or Dallas,” he said. “They’re doing the same thing there they would do here, so they were able to hit the ground running.”

Ball’s young client seemed relatively at ease.

“He’s a really outgoing kid – very smart,” he said. “The whole time he was playing with a Matchbox car. He seemed very comfortable around his mom.”

While Ball feels confident that in his particular case the child’s best interest would be to place him back with his family, he could face a steep fight drawing individual attention to his case.

A chaotic mass custody hearing last week glommed all the cases together. And after more than 20 hours of testimony, state District Judge Barbara Walther decided to place all the children in state custody, promising individual hearings by June 5.

For Ball and his client, that new hearing date can’t come soon enough. For now, his young client is staying in a foster-care facility – its exact location not publicly identified.

“To me, the most important thing is to get in front of a judge with my child and my parents,” he said. “From there, everyone has a different opinion.”

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.

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