Mr. Lopez,

Yesterday the US Attorney's office came down with 11 indictments against prominent members of El Paso's political community. Everyone knew all day long that it was going to be one of the biggest stories of the year. Knowing that, one would think that you would have taken the time to make sure that your usual shoddy product, with fact mistakes, typos, names misspelled, inaccurate quotes, etc., would not be the order of the day today. One would think that you would know the difference between the lawyers and the accused. Nope. That is too tall of an order for you.

On page 11A, you have a list of "players" referring to the accused and on top of the description which includes the words, "charged with fraud, racketeering," you have lawyer Sib Abraham's picture, who is not accused of anything. He represents an accused person. Now you have published to the world that Sib Abraham is an alleged criminal, mug shot and all.

Nice slander suit you may have there. I wonder what corporate would think?

But you have been warned over and over again. Last year you and your reporter Darren Meritz, mishandled another one of Mr. Abraham's stories, the Kuchle case. You published that Mr. Kuchle was involved in the drug violence in Juarez when that was not the case AT ALL. A lawyer from Mexico City had to call you to correct your wrong and damaging publication.

You are a menace.

We have to write you about your terrible mistakes and your lies. This week a district court judge did.

You and Marty Schladen were the butts of criticism on the radio, again, yesterday for your protective coverage of Veronica Escobar.

When are you going to buckle down and run the shop correctly, starting with being there and then hiring talent. On a major news day, you were out to dinner with your family instead being at the paper burning the midnight oil, making sure things were done correctly. Not you. Steak first, facts second.

Theresa Caballero
Stuart Leeds

Below is an e-mail Stuart Leeds wrote to El Paso Times editor Chris Lopez regarding a story Lopez published today entitled "Paralegal, husband indicted in $1 million law-firm embezzlement." Read Stuart's e-mail to learn what Lopez and his reporter Maggie Ybarra intentionally left out of the story they published. After the e-mail, I have pasted Lopez' innacurate and slanted article so that you can compare information.

RE: Paralegal, husband indicted in $1 million law-firm embezzlement‏

7:57 AM
Reply ▼
stuart leeds
To chris lopez, milan simonich, mybarra@elpasotimes.com, Theresa McGill
Mr. Lopez:

How could you publish this story and not mention, not one time, the salient relationships, that by the way, the entire legal community and their families are aware of? This woman is being told she better plead to 40 years or else. And as Mr. Gibson correctly said, 40 years is more than what most murderers get. I would add, a lot more. So why the vehemence and the outrageous plea offer from Esparza? Because the alleged victims are his friends, political allies, and relatives of his lawyer, County Attorney Joanne Bernal. But then you should know all this. CA Bernal, Esparza's lawyer and friend who has made a career covering up for Esparza, is a close relative of complainant Bernal. Do you know what that relationship is, Mr. Lopez? And if you don't, why not? Shouldn't this have been a basic question asked and answered in your story? Oaxaca is the same Oaxaca on the Ethics Commission who votes continously to keep Joanne Bernal as the Commission's attorney thereby compromising the Commission's independence. This is a debate that has been raging for 6 months, a debate I am confident you know not one whit about. And as the editor of the newspaper, you don't care. The connections beteween the DA's office and the alleged victims are profound. Esparza should have disqualified himself from this prosecution. And as long as you continue to hire insipid reporting staff and publish incomplete, stupid stories, the public will be defrauded of honest politicians.

You publish that Esparza said he never comments on a pending case, a lie by Esparza. You know this isn't true when in May you published that he said Judge Arditti was going to plead guilty to nepotism, in A PENDING CASE, a quote that has been the subject of numerous pleadings and court hearings in that case. So which one is it Mr. Lopez? He talks about pending cases or he doesn't? Both can't be true. How can you allow a DA to publicly, in two cases in less than 3 months, threaten to indict people because they demand their constitutional rights? How does this go unnoted by you?
What's your job down there? To suck up to Bill Sanders or to enlighten the public so that they go to the polls armed with the truth?

SLeeds

Here is the story pasted from the El Paso Times.

Paralegal, husband indicted in $1 million law-firm embezzlement
By Maggie Ybarra \ El Paso Times
Posted: 08/17/2010 12:00:00 AM MDT


Click photo to enlargeRosanne Stogner«12»EL PASO -- A paralegal and her husband have been indicted on suspicion of embezzling more than $1 million from the law firm where she worked.

The suspects are Rosanne and Michael Stogner. A grand jury indicted them this month in a series of thefts from Oaxaca, Bernal & Associates between March 2001 and May 2007.

Rosanne Stogner declined Monday to talk about the charges and her attorney, Dolph Quijano, did not return calls.

Rosanne Stogner was employed at the law firm at 1515 Montana as a paralegal and an office manager from 1999 to 2007, according to a complaint affidavit by police. Her responsibilities included preparing case files and paying bills.

But she also allegedly paid herself money to which she was not entitled.

Police alleged in the affidavit that Stogner made out checks to herself, to her husband, to his fence company and even to her daughter's personal trainer.

"The checks were not authorized by (law firm executives) Juan Oaxaca or Abelardo Bernal and totaled $1,002,050.47," the police affidavit stated.

The Stogners have pleaded not guilty.

Michael Gibson, attorney for Michael Stogner, said the charges against his client were filed only after Rosanne Stogner refused to accept a plea agreement in which she would have gone to prison for 40 years. That proposal was more time than what most murder defendants received in plea bargains, he said.

Gibson said he suspects there may be a political connection between Oaxaca, Bernal & Associates and the


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district attorney's office.
"I've already started going back in to the campaign contributions to the court and to the district attorney's office to see if there's any political influence there," he said.

District Attorney Jaime Esparza declined to comment, saying he does not talk about pending cases.

The Stogners are scheduled to stand trial Jan. 21.

Maggie Ybarra may be reached at mybarra@elpasotimes.com;546-6151.

Dorothy Jean McGill passed away on July 17, 2010, in the beauty and comfort of her home surrounded by her sister Mary Edwards and all of her five children who adored her. Her children, though living both near and far, considered it their greatest honor to walk alongside their mother, these last months, through the final mile marker in her life. She was 64 years old.

Dorothy was born on October 27, 1945 in Denver, Colorado to Dr. Joseph John McGill, II (surgeon) and Dorothy Jean O'Grady McGill. She was number four of seven children. She is preceded in death by her father and by her sister Anne McGill Burford (Administrator of the United States Environmental Protection Agency 1980-1981). Her remaining siblings are Mary Edwards of Severna Park, MD, Theresa Peace of Lincoln, NB, Veronica Urban of Santa Cruz, CA, Rosie Binge of Littleton, CO, and Joseph John McGill, III of Frisco, TX.


Dorothy was a lifelong, devout Roman Catholic. She attended Mass daily, prayed the rosary, and was a patron of the Virgin and of St. Jude, often petitioning them for their mercy and intercession. At the age of seven, her parents took her to Mexico City where she celebrated her first Holy Communion at the main altar in the Our Lady of Guadalupe Basilica. Dorothy was graduated from St. John the Evangelist gradeschool and St. Francis High School in Denver, CO. She was a champion swimmer and spring board diver, competing for years for the Denver Athletic Club. Through her family travels, she developed a life-long love for all things Mexican. She and her sisters as young girls spent many summers studying Spanish in Mexico City. Dorothy inspired in all of her children a great love for Mexico, its language and its culture.

Dorothy attended her first year of college at St. Louis University, St. Louis, Missouri. She did her second year at St. Joseph's College in Albuquerque, NM. She married in 1965 and divorced in 1988. She completed her college degree with a BA in Political Science from UTEP.

Dorothy bore five children. Theresa Caballero of El Paso, TX, attorney, Jennifer Caballero of Albuquerque, NM, attorney, Deborah Caballero of Houston, TX, attorney, Raymond "Papo" McGill Caballero of LA, CA, teacher, and Elizabeth McGill Caballero of Santa Cruz, CA, attorney. She is survived by seven grandchildren: Simone Florence Caballero Gettleman, Karina McGill Prigge, Aidan McGill Vig, Leah McGill Vig, Dorothy McGill Vig, Antonia McGill Vig and Aanan McGill Vig.

Dorothy's greatest accomplishments can be measured by the love of her children toward her. She spent her entire life, her resources, her time and her energy teaching them good from bad, educating them through advanced degrees, protecting them from harm great and small, guiding them through hard times, preparing them to stand alone, helping them in their times of need, showing them what love means, and loving them beyond herself. Her children will continue to strive to make her proud.

Dorothy was a brilliant and accomplished woman. She was, without the degrees, an architect, a master gardener, an accountant, an interior designer, sometimes surgeon but always a great and inspiring lawyer. She helped her lawyer children with their cases by reading their files, crafting trial strategy, coming up with cross-examination, doing research, and on occasion going to the jail and to court to help. Her home, where she raised her children and spent 37 years of her life, stands testament to her exquisite taste and her ethic of hard work. She cleaned it and painted it and wallpapered and decorated and fixed and primed and always kept her home beautiful and immaculate. She loved trees and flowers. She was a steward of three of the largest live oaks in El Paso, watering them, pruning them and protecting them from sickness. Their beauty and grace will be enjoyed by future El Pasoans.

In between waxing floors, having babies, and cooking, Dorothy gave parties still remembered for their loveliness for many Democratic politicians who visited El Paso in the 1970's, including, presidential candidate Sargent Shriver.

Dorothy was proud to stand alone to do what is right and she never flinched. She was committed to fighting injustice. She was a leading member in the last run-away grand jury in El Paso, thwarting the then district attorney's efforts to charge innocent people. The grand jury was disbanded when it demanded an investigation into the elections department. Dorothy, as a house-wife, testified in federal court in the James Gordy case. She gave evidence that Federal Judge John Wood "Maximum John", had rushed a jury to judgment. While she was on the stand, Judge Wood questioned Dorothy menacingly and she answered him fearlessly about her knowledge of his misconduct. Her testimony resulted in the U.S. Fifth Circuit Court reversing Judge Wood and releasing the defendant from prison.

Dorothy was committed to El Paso. She was instrumental in getting Government Hill, one of El Paso's oldest and finest neighborhoods, designated as a historical district, preserving its history and beauty for future families. She sat on a city board dedicated to historical preservation. She was a member of the Panamerican Club. She taught English at El Paso Community College. She was an election judge for her precinct for many years and was known for her fairness and honesty. She never missed voting and even in her final illness she went to cast her ballot in the school bond elections.

Dorothy's life was full of examples of her great courage and kindness and generosity. However, she never sought the lime-light. She shared her knowledge and talents with all who knew her. She left everything better than how she found it. She left her children bereft with grief over her passing but she gave them the skills to survive and the expectation that they would use their education and their talent to do good. She was the finest example of a human being. You can't do better than that.

A rosary will be held Tuesday, July 20, 2010, at 7:00 p.m. at Harding Orr and McDaniel Funeral Home (320 Montana Ave.). Funeral mass will be held at St. Joseph's Church (1315 Travis) on Wednesday, July 21, 2010 at 10:00 a.m.

Theresa Caballero
Attorney at Law
300 E. Main St., Suite 1136
El Paso, TX 79901
915.565.3550
915.562.5250 fax

Stuart L. Leeds
Attorney at Law
1715 Wyoming Ave,
El Paso, Texas 79902

July 7, 2010

Mr. Steve Ortega. Esq.
El Paso, TX 79901

Dear Mr. Ortega:

We understand that you will be reporting to the courthouse tomorrow to comply with your obligation of representing an indigent person accused of a crime. We have a copy of a letter you sent to the council of judges seeking to be released from that obligation. The rule, as you know, is pay $600 and be relieved of the duty, or keep your money and take the criminal case, which you will be paid for. Many lawyers who do not practice criminal law and who feel that they would not possess the requisite skills to represent a person in a criminal case pony up and pay the $600. Despite your written protests that you have “never handled a criminal case and do not feel comfortable morally or professionally doing so,” it appears that you will stick with your cash and take the appointment. This is a grave responsibility.

Criminal cases are the most severe in our system. A person stands to lose his freedom, his right to bear arms (affecting his right to protect himself and his family), his right to vote, his right to hold office, his right to serve on a jury, his right to seek certain occupations, his right to compete for certain school loans. Everything is at stake for an accused person. How can you educate your children if you are in prison or a convicted felon? Generations of people stand to be harmed and pay the price for a criminal conviction. That is why the burden of proof in a criminal case, beyond a reasonable doubt, is the highest burden in American law.

Another important point is that everyone who walks into court is presumed innocent and is absolutely entitled to that presumption and absolutely entitled to an attorney who will fight tooth and nail to preserve that presumption. Defendants do not need an attorney who already believes that because they have been accused they are guilty and therefore are morally repugnant. That is the last thing a poor, uneducated, helpless person needs when walking into court -- an attorney who does not feel morally comfortable representing him. It’s like having a doctor who is disgusted by your disease and doesn’t want to touch you and publicly says so.

Are you willing to do everything to zealously represent the client to whom you will be assigned tomorrow? Are you willing to take a stand for him? Are you willing to defend him to the detriment of your own reputation? Are you willing to attack a cop who has accused him? A cop whose raise you are about to vote on and whose vote and union endorsement you will be counting on? Are you willing to attack DIMS, which you have so many times voted for and which most likely your client will have been a victim of? Are you willing to subpoena anyone anytime anywhere who may help your client’s case? Are you willing to shrug off criticism by politicians who are wholly and completely ignorant of the process and callous to its effects, but who will lie to cover up their own complicity? Are you willing to call out elected officials who have voted on measures that have curtailed your client’s rights and harmed him? Are you willing to call out an elected official who is disrupting the jury selection process by talking to other jurors and sticking out her tongue, exhibiting the utmost contempt for your client? Are you willing to demean yourself in the defense of your client as your attorney oath requires?

Do you have the courage to disclose to your client tomorrow the letter you wrote to the council of judges? (We understand you were questioning how we got the letter. It’s called good lawyering. It is public record and you need not concern yourself with that). Do you think your client may want to know about your letter? Would you want someone like you representing you on a criminal case without full disclosure of these facts? If the answer is "no" to any one of these questions, then you should pay the $600 and escape the case. Hopefully, if you decide to accept the case, you will take the opportunity to understand DIMS and the great harm it has wrought on this community and hopefully you will vote next time not to fund it, even if you are the only one voting against it. Part of being a good attorney is standing alone and fighting against all the odds.

Sincerely,


Theresa Caballero


Stuart L. Leeds

Here is an op-ed that Stuart leeds and I wrote and that appeared today, July 4, 2010, in the El Paso Times rebutting an op-ed City Reps Steve Ortega and Robert O'Rourke wrote about a case Stuart Leeds and I won last week. The case involved El Paso Police Sgt. Louis Johnson brutalizing our client, lying about it and the City Reps. Susie Byrd, Steve Ortega, Robert (Beto) O'Rourke an Mayor John Cook covering up for the problem.

Details show complexity of case, weakness of DIMS in justice system
By Stuart Leeds and Theresa Caballero \ Guest columnists
Posted: 07/04/2010 12:00:00 AM MDT


Last week, a jury returned in an hour with a not-guilty for our client. They then took the unprecedented step of writing a collective letter calling into question the El Paso Police Department and District Attorney Jaime Esparza's DIMS arrest program.

City Reps. Ortega and O'Rourke wrote an op-ed condemning the court process, the basis of the jury's verdict and the jury's opinion. Here is what they omitted.

It was Thanksgiving and our client was outside his apartment when his life changed forever. El Paso police Officer Louis Johnson had been dispatched to a domestic disturbance when he saw our client littering. Johnson, who was training Officer Moreno, totally abandoned the wife-beating call and became fixated on our client.

Within minutes, Johnson had brutalized our client, entered his apartment without authority, and pulled his gun on the terrorized family. Johnson then arrested my client.

Instead of taking him to a judge as per the law, Johnson called the district attorney, who said arrest him for assault on a peace officer (felony); here is the bond amount; don't take him to a judge before you take him to jail. That's too time-consuming. Skip the judge. This way, you get to be investigator, "victim," bond-setter and judge all at once. It's great. It's called DIMS.

Reps. Ortega, O'Rourke, Byrd and Mayor Cook have consistently funded DA Esparza's DIMS despite lawsuits and constituents begging them not to.

We wrote Mayor Cook about Johnson's dangerous behavior.


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No action taken. Johnson has brutalized and falsely accused others.
They, too, complained to Cook. No action taken. Officers complained against Johnson. Action: Promotion to sergeant. Johnson killed a man last year. Action: He is now an acting lieutenant.

Who is responsible for this? City government is.

Trial commenced. Rep. Byrd was in the jury pool.

Aside from sticking her tongue out at us during the selection process, when we called upon her to answer about DIMS, the arrest program she supports with tax dollars, she had no idea when an arrestee sees a judge, the issue that is the crux of the complaints and lawsuits.

She could not even recall her employee Johnson shooting to death Ruben Troncoso last year.

The jury was seated without Rep. Byrd. Despite Johnson's partner saying our client committed no felony, the DA refused to dismiss.

Our defense was our client's innocence, Johnson's record and DIMS.

Who should know these issues better than our mayor and city manager? They were summoned to court as all citizens are, without notice and at work. They were angry, showing they believe they are above us and the law.

Cook testified outside the presence of the jury. Like Byrd, he didn't know when a person sees a judge. "I would have to research that" he said. Cook was unconcerned that a judge had found that his employee Johnson had lied under oath. "That wouldn't necessarily concern me," he said.

On April 29, 2010, Rep. Ortega, in an effort to skirt his obligation to represent indigent, criminal defendants like our client, wrote to the judges stating, "I have never practiced criminal law and don't feel comfortable, professionally or morally, doing so."

O'Rourke, a non-attorney, would know even less.

Yet Ortega and O'Rourke opine on a case and a judicial process they don't understand. They call for the Congress to legalize marijuana and they defend Byrd for sticking out her tongue in a felony trial, instead of addressing bad cops and DIMS.

Express yourself the way the jury did. The court and jury produced the correct verdict. Now it's your turn to speak at the polls.


Stuart Leeds and Theresa Caballero are criminal defense attorneys and former prosecutors.






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