Former El Paso school district trustee Sal Mena waived arraignment in open court today but pleaded not guilty to the bribery and conspiracy charges leveled against him in an eight-count federal indictment made public two weeks ago.
Federal Magistrate Norbert Garney reset Mena’s bond at $50,000 but expressed concern about releasing him after his apparent suicide attempt on Labor Day.
“The court received information that he attempted to injure himself,” Garney said. “Quite frankly, I’m concerned.”
Since being released from Peak Psychiatric Hospital in Santa Teresa last week, Mena has been in the U.S. Marshals Service custody at a privately operated jail in Otero County, N.M., between El Paso and Alamogordo.
Elected to the school board four times, he was a trustee for 14 years before he abruptly resigned citing health reasons 13 months ago.
About the same time, Carlos Villa Cordova, widely known as Coach Cordova, also resigned citing his health.
Three months later, Cordova pleaded guilty to one count of conspiracy to commit mail fraud and has apparently become a cooperating witness in the ongoing public corruption investigation that has seen eight people plead guilty to bribery, fraud and various conspiracy charges.
Apparently unwilling to plead guilty himself, Mena became the first person to be indicted in the investigation and stands charged with taking bribes for his votes, conspiring to commit mail fraud, making false statements to obtain credit and making false statements.
Today, Mena’s court-appointed lawyer, Mike Torres, asked Garney to allow Mena’s release on bond so he could be with his family while staying in close contact with his doctors in El Paso and Las Cruces.
Torres said Mena’s wife would not object to his staying with her in the house that Mena described in court last week as her home on Altura. Last week, police found Mena unconscious in an apartment where he was living on McKinley.
Garney agreed, but imposed restrictions on Mena’s travel outside El Paso County and required him to be in regular contact with his doctors and daily contact with his pre-trial services officer.
Torres asked if Mena, who owns an insurance agency, could be allowed to take occasional business trips.
“I’m not real happy about that,” Garney said.
But, the judge agreed to allow occasional travel around Texas in support of his insurance business, provided he had approval in advance from his doctors and pre-trial services officer.
“But if there is any violation of the conditions of his release, the answer will be a no,” Garney said.
Assistant U.S. Attorney Debra Kanof asked the court to also require Mena to sign a waiver of federal confidentiality standards regarding the disclosure of medical information so his supervisors could stay posted on his condition and progress.
She noted that the U.S. Marshals Service, which she said paid for Mena’s stay at Peak hospital last week, did have access to his medical information then.
Garney balked at that and said he was concerned about protecting Mena’s privacy rights under the Constitution.
Kanof said she was only referring basic information concerning Mena’s prognosis and diagnosis, not details about what he might say to his physicians or counselors.
Garney only agreed to let pretrial services be told when Mena’s medical appointments are, with whom, whether he is keeping those appointments and when he is released from the care of any health-care professional.
The judge told Torres that the court would try to have the paperwork required for Mena’s release completed today.
Afterward, Torres said, “We absolutely expect that he should be out today.”
Last week, Mena appeared alone in court for his first scheduled arraignment hearing looking dazed and disheveled and requested the services of a federal defender.
Garney did not assign the case to the Federal Public Defenders office but appointed Torres from a pool of lawyers who are willing and pre-screened to represent federal defendants.
Torres has been in practice for 12 years, five of which he spent as a federal public defender, and now has a solo defense practice that handles federal cases almost exclusively.
Asked how Mena is doing now, personally, Torres said, “He’s looking forward to seeing his family.”
Regarding his client’s unshaven appearance in court last week and again today, Torres said he does not think Mena was permitted to have a razor at the detention facility.
At the El Paso County Detention Facility, inmates are given a blanket, clothes, slippers and personal hygiene supplies, including a plastic razor, after being booked in.
But, Sheriff’s Department spokesman and deputy, Jesse Tovar, said it is common practice in detention facilities not to let inmates considered a danger to themselves or others have a plastic razor because of the sharp blade inside.
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To reach David Crowder, write to dcrowder@epmediagroup.com or call (915) 351-0605.
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