El Paso District Clerk Gilbert Sanchez and former County Judge Luther Jones were freed on $20,000 bond Friday after a court hearing on federal corruption charges that could wreck one man’s political future and the other’s political past.
Before the hearing started, Jones and Gilbert, who are accused of conspiring together, sat alone at opposite ends of a long, otherwise empty pew, watching the courtroom slowly fill with lawyers, federal agents, reporters and the curious.
Appearing before Federal Magistrate Richard Mesa, Jones, 62, and Sanchez, 41, stood with their lawyers for the reading of the charges and bond settings. Both men had made arrangements to turn themselves in to the FBI Friday morning rather than be arrested.
The five-count indictment handed up by a grand jury on ay 28 and unsealed Friday names them together in three counts of conspiracy to commit wire and mail fraud and deprivation of honest services and two separate counts for bribery.
The conspiracy and fraud counts each carry a potential sentence of 20 years in prison and a fine of $200,000 while the bribery charges are punishable by 10 year sentences and $250,000 fines each.
Jones, who is represented by lawyer Steve Peters, and Gilbert, represented by Oscar Mondragon, waived arraignment and will enter their not guilty pleas in writing.
Mesa set a $20,000 bond that must be secured on Jones’ release and a $20,000 unsecured bond on Gilbert.
Jones and Gilbert represent the fourth and fifth defendants to be indicted on charges stemming from the federal public corruption investigation in the past six months. In the past two years, 11 others have pleaded guilty to multiple charges arising from the investigation.
Both men addressed the charges that almost exactly two years ago were outlined against them as unnamed, unindicted co-conspirators in the very first guilty plea, that of Travis Ketner, former chief of staff to County Judge Anthony Cobos.
The two are generally accused of conspiring to rig the bids for a multi-million dollar system to copy and digitize court records and of paying or receiving money and benefits to enable the scheme.
Federal statutes do not carry a penalty for straight bribery except when it involves federal funds.
The bribery charge against Sanchez alleges that he “did corruptly solicit, demand, accept, agree to accept and demand” money and benefits to assist in getting the digitization contract awarded to a certain vendor who would be paid, in part, with federal funds
Jones is accused of bribery for allegedly agreeing to pay and paying Gilbert for his influence in getting the contract awarded to a bidder who allegedly agreed to kick one third of the profits from the contract back to Jones and another unnamed lawyer.
Peters, a former El Paso Times news reporter, predicted that his client will be cleared of the charges in court.
"I can tell you that while Luther Jones does not relish going through this process, he fully expects to clear his name of all the allegations, every single one of them," Peters said.
"Luther Jones and his attorneys do not believe he has violated any law or done anything not in the best interest of the taxpayers of El Paso County."
Addressing his office staff Friday morning, Sanchez said, did not directly profess his innocence.
"All I know is I've been indicted and I will turn myself into the feds," he said in comments that were recorded by the only news media present, KVIA-News 7.
Sanchez joked that "my stomach has been rather upset ... the one benefit is, I lost a couple of pounds." He also said that "at least it's over. I know what's going on. The funny thing is, today is the statute of limitations of the case they are trying to prosecute me on."
FBI Special Agent in Charge David Cuthbertson issued a sharply worded statement condemning the public corruption in El Paso.
“The indictment unsealed today demonstrates the FBI's commitment to the investigation of public corruption, which has plagued the El Paso community for far too long,” he said. “The conduct alleged in the indictment provides an illustration of how a core group of influential individuals attempted to subvert governmental procurement processes for their own personal gain.
“Sabotage of legal procurement processes wastes scarce taxpayer dollars, and it frustrates the efforts of honest prospective vendors who attempt to secure government contracts legitimately."
In the county’s district clerk’s office where lawsuits are filed and court arrangements are made, employees were quiet and tense and reluctant to speak publicly as they went about their work.
Sanchez’s office administrator, Aida Candelaria, said she expects to see him back in the office by Monday.
“He is still the district clerk, and he hasn’t been convicted of anything,” she said. “He is still working and will continue to work here until this whole ordeal is over.”
County Attorney Jose Rodriguez later confirmed that Sanchez can continue in his job while the charges are pending unless he resigns or a removal petition is filed.
Rodriguez’s office issued a statement, saying, “If a removal action is filed, an out of town judge would preside over the case and decide wither the removal has merits.
“The presiding judge would have the authority to issue a temporary suspension against the district clerk and appoint another person to perform the duties of the office.”
Grounds for removal from office include official misconduct and incompetency.
“We are currently reviewing the indictment I this case to determine if sufficient grounds and evidence exist to pursue a removal action,” Rodriguez said.
Cobos, who is himself a target of the federal investigation, also issued a statement.
“I have full confidence in the judicial system and will patiently wait for a determination of the truth or falsity of the allegations contained in the indictments,” he said. “In the meantime, under our cherished American tradition and Constitutional system of justice, parties are innocent until proven guilty.”
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To reach David Crowder, write to dcrowder@epmediagroup.com or call (915) 351-0605, ext. 30 or (915)
