Posted on 12/31/2003 1:02:46 PM PST by SwinneySwitch
A visiting judge from Kerrville(Texas) will preside over a local district court case that names local lawyer Rene Rodriguez and involves state Rep. Jaime Capelo - whose financial records were subpoenaed - according to court records made public Tuesday.
Judge Karl Prohl has presided over hearings in Nueces County before. In April 2000, he led a court of inquiry in a matter involving former Corpus Christi Independent School District Superintendent Abelardo Saavedra and a few board members.
After the court of inquiry, a local lawyer criticized Prohl. That lawyer was Rodriguez.
Representing two of the trustees, Rodriguez criticized the judge's conclusions and said the court of inquiry had unfairly targeted his clients. Rodriguez further charged that the judge's allegations against his clients showed a double standard.
Prohl said at the time that it would be improper for him to comment on the matter. He was traveling Tuesday and could not be reached.
Neither Rodriguez nor his Austin-based lawyer, Steve McConnico, returned calls Tuesday. Capelo and his lawyer, Jim Harris, also did not call back.
Administrative Judge Darrell Hester appointed Prohl, who will hear the case in the 117th District Court. His appointment comes a little more than two weeks after a visiting judge removed District Judge Sandra Watts, saying that she could have been perceived as biased.
Rodriguez and Capelo are involved in two other civil cases, including a racketeering case in federal court and a related lawsuit against Capelo in a county court-at-law.
At the root of all the cases is an allegation that Rodriguez paid Capelo a $100,000 kickback to settle a refinery lawsuit in which the two lawyers represented opposite sides. Rodriguez and Capelo have denied any wrongdoing. They have acknowledged that Rodriguez paid the $100,000, but say it was a referral fee for a medical malpractice case. They also have said Capelo paid the money back. Neither has identified the malpractice case.
Rodriguez filed a request for declaratory judgment with the 117th court, asking Judge Sandra Watts to determine if there was any evidence of wrongdoing. He later asked for Watts to be recused, and Judge Benjamin Euresti Jr., visiting from Cameron County, agreed.
J.A. "Tony" Canales, who is representing several police officers in cases against Capelo, and Rodriguez, got his wish with the visiting judge.
Canales, who did not return calls Tuesday, wrote in a letter dated Dec. 12 that he would prefer a judge from outside the district to preside over the case.
"The tangled web of connections will subject any judge assigned within the region to suspicion and distrust by one or both of the parties," Canales wrote in the letter to Hester.
As of Tuesday, no hearing had been set for the case.
Contact Tim Eaton at 886-3794 or eatont@caller.com
Yep.
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