Attorneys for Barrientes Vela file motion to have DA Gonzales kicked off of case

SAN ANTONIO – The upcoming nationalist corruption proceedings of indicted ex-Bexar County constable Michelle Barrientes Vela took different crook this week arsenic her attorneys filed a ceremonial question to person District Attorney Joe Gonzales removed from the case.

Citing the “existence of a struggle of interest,” lawyer Patrick Ballantyne told the tribunal Gonzales should beryllium disqualified and an extracurricular lawyer should beryllium appointed to prosecute the one-time Precinct 2 constable.

The filing of the seven-page question comes much than 2 months aft an evidentiary proceeding was held successful the case, regarding alleged statements made by Gonzales’ erstwhile run consultant, Robert Vargas III.

Vargas, who helped Gonzales decision incumbent Nico LaHood successful the March 2018 Democratic superior earlier departing the campaign, was accused of saying helium would find idiosyncratic to tally successful the adjacent superior predetermination against Democrat Judge Velia Meza if Meza “didn’t bash the close thing” successful Barrientes Vela’s upcoming trial.

Ad

LaHood, erstwhile DA governmental advisor spar during Barrientes Vela hearing

The alleged comments were made successful precocious June, portion Vargas prepared to big a vigor show.

“The grounds developed astatine the proceeding demonstrates the beingness of a struggle of involvement creating an quality of impropriety of specified magnitude and quality that the public’s cognition of a fair, nonpartisan, and ethical transgression justness strategy would beryllium severely undermined by Mr. Gonzales’s bureau being permitted to prosecute this case. Should Mr. Gonzales’s bureau beryllium allowed to correspond the State, Ms. Vela would beryllium deprived of her owed process rights to a just trial,” the question states.

Gonzales, who was effusive successful his praise of Vargas portion testifying Aug. 5, did not supply a remark for this story.

Ad

A spokesperson Wednesday day said Gonzales’ bureau cannot remark connected pending cases.

A impermanent connected Vargas’ vigor show, Bexar County Assistant District Attorney Mike Villarreal, testified that Vargas made the remark to different impermanent who was determination representing the Bexar County Precinct 2 Constable’s Office, the bureau antecedently held by Barrientes Vela.

“Made a remark that if she doesn’t bash the close thing, meaning the judge, past helium volition tally idiosyncratic against her,” said Villarreal, himself a Democratic campaigner for Bexar County Court astatine Law 13 who employs the aforesaid governmental advisor arsenic Meza.

Villarreal said helium relayed the remark to the advisor aft making his quality connected Vargas’ show.

The comments were past relayed to Meza, who successful precocious June hastily called a proceeding to enactment the alleged comments from Vargas connected the record.

Ad

Judge Sid Harle, who sat successful for Meza during the August hearing, volition beryllium tasked with ruling connected the motion, a tribunal authoritative antecedently told the Defenders.

The question incorrectly states that Vargas’ enactment for Gonzales took spot during the 2016 superior campaign.

Reached for remark Wednesday, Vargas released the pursuing statement:

“Judge Velia Meza introduced unsubstantiated statements into the grounds and created a way for Mr. LaHood to record a question that is conclusory and without factual support. Clearly this filing is simply a hopeless effort astatine governmental retaliation due to the fact that helium mislaid an election.”

LaHood, whose steadfast was hired past twelvemonth to correspond Barrientes Vela, sparred with Vargas passim overmuch of the proceeding successful August.

Vargas pointed retired to LaHood portion testifying that helium had helped Gonzales bushed him successful the 2018 primary, earlier LaHood took purpose astatine Vargas’ acquisition and nonrecreational acquisition and whether helium had been honorable astir his inheritance erstwhile being hired for a occupation with the sheriff’s office.

Ad

“Witness veracity is ever a question. And erstwhile you get into a ‘he said, helium said’ situation, past each these are integral successful making an appraisal connected someone’s truthfulness,” LaHood told KSAT aft the proceeding wrapped up.

After the authoritative astatine 1 constituent objected to LaHood’s enactment of questioning of Vargas, LaHood referred to Vargas arsenic a hostile witness.

The question to disqualify Gonzales besides accuses the DA of showing a signifier of “supporting judicial candidates moving successful superior elections against sitting judges who person ruled against his wishes.”

The question besides states that adjacent aft Vargas departed Gonzales’ run successful the outpouring of 2018, the 2 men were often photographed unneurotic astatine nationalist events.

Barrientes Vela and her erstwhile Precinct 2 captain, Marc D. Garcia, are tentatively scheduled to spell to proceedings Dec. 6.

Court officials antecedently said Barrientes Vela would beryllium tried first, meaning successful each likelihood Garcia’s proceedings volition beryllium pushed to 2022.

Copyright 2021 by KSAT - All rights reserved.