June 29, 2009
A routine hearing today in the federal corruption case against former El Paso County Judge Luther Jones and District Clerk Gilbert Sanchez followed a busy week of motions and counter motions pertaining to Jones in what is likely to be a difficult case for the government.
Federal District Judge Phillip Martinez set the next status hearing in the case against the two for Aug. 13.
At that hearing, Martinez said, he anticipates a motion from Jones’ attorneys to suppress evidence the government found in FBI searches of Jones' offices and home.
Jones and Sanchez were named in a five-count indictment on May 28 that accuses them of bribery, conspiracy to commit wire and mail fraud and of depriving the public of honest services.
They were the fourth and fifth defendants to be indicted on charges stemming from the federal public corruption investigation in the past six months. Eleven others have pleaded guilty to multiple charges arising from the investigation in the past two years.
Last week, Peters joined the U.S. attorney's office in asking the court to approve the limited disclosure of the affidavit the government used to obtain the warrant to search Jones’ office and home in 2006.
Peters later explained that the affidavit must justify the scope of the searches the FBI conducted and if the Jones’ lawyers don’t think it did, they will try to keep the government from using some or all of the evidence it obtained.
Martinez has not ruled on the government’s motion to unseal the affidavit and make it available to the defense.
Jones’ other lawyer, his brother John Grant Jones, filed a motion two weeks ago to remove references from the May 28 indictment to state law and the Texas Ethics Code on grounds that they are prejudicial, irrelevant and prejudicial and would tend to inflame a jury hearing in the case.
Although neither man was charged with any state offense, the indictment recites a number of offenses under state law for accepting or soliciting bribes, misusing government property or personnel and soliciting or accepting a benefit from a person that a public servant knows is interested in a contract or transaction with the government.
It is those references that the defense wants removed from the indictment before it is seen by a jury.
The government submitted a response opposing Jones’ motion, in part, on grounds that state laws and ethics codes that Jones and Gilbert may have violated are the basis of the deprivation of honest services charges against the defendants.
“The Fifth Circuit requires the government to prove that the defendant breached a stated owed duty when charging deprivation of (the) right to honest services,” the government states. “In the … indictment, the Texas statutes cited are not only relevant but essential duties by defendant Luther Jones and co-defendant Gilbert Sanchez, which the indictment then alleges were breached.
“In addition, the Texas statutes are relevant in establishing that the breach of these duties owed under state law served to fulfill the unlawful purpose of the conspiracy.”
Meetings with co-defendants, witnesses
In addition, Grant Jones filed a motion to alter the provision in Luther Jones’ terms of release on bond from federal custody that prohibit him from making contact with “any potential witness who may testify regarding the crime” with which Jones is charged.
The request is made so Jones and Gilbert can communicate with each other and with potential witnesses in the presence of their lawyers.
"With respect to witnesses who have no knowledge of the events charged in the indictment, i.e. character witnesses and expert witnesses, defendants request the restrictions on communication with such witnesses be removed entirely,” the motion states.
That contact, Luther Jones contends, is necessary for his lawyers and Gilbert’s to build their defense.
The motion goes on to say, “The government cannot show, nor do the undersigned believe that the government will contend, that contact between the defendants will result in the commission of future offenses, nor that contact with any potential witnesses will result or have the effect of intimidating any witness that may be called by either party to this prosecution.”
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To reach David Crowder, write to dcrowder@epmediagroup.com or call (915) 351-0605, ext. 30, or 630-6622.