Posted on 02/15/2006 2:10:37 PM PST by SwinneySwitch
DEL RIO — Except for two unresolved evidentiary issues, the stage is set for the August trial in federal court here of seven people accused of a wide range of crimes relating to the Kickapoo tribe.
The charges, outlined in a 25-count indictment returned early last year, range from embezzlement to tax evasion to violating the civil rights of dissident tribal members.
Among the accused are former state Rep. Timoteo Garza of Eagle Pass; his father, Isidro Garza Jr., a former Kickapoo tribal manager; and Raul Garza, a former trial chairman and the only Kickapoo charged.
When the court-imposed deadline for plea agreements came and went Monday without the announcement of any deals, it meant all seven defendants are preparing for three months of trial.
In recent weeks, U.S. District Judge Alia Moses Ludlum has ruled on a host of pending motions, including refusing to dismiss the charges because of tribal sovereignty and declining to sever the case of Joe Ruiz, a former tribal lawyer.
On Tuesday, Ludlum set the two final issues for hearings. The most critical one is a request by the defendants to throw out a huge volume of evidence taken from reservation offices by federal agents.
The search came during a messy change of tribal government triggered by a public vote of confidence in October 2002 in which a majority of tribal members elected a new tribal council. It took weeks for the Bureau of Indian Affairs to recognize the new leaders.
"The search of sovereign Indian land was made with permission granted by an illegitimate faction not recognized by the BIA," reads the defendants' motion for suppression.
"The tribal court had already enjoined any party from removing anything from the offices of the Kickapoo Traditional Tribe of Texas," it reads.
On April 4, lawyers will argue the matter, and if the evidence is ruled inadmissible, the government's case will be "greatly abbreviated," said Assistant U.S. Attorney Bill Harris.
"We're confident of the legitimacy of the search," he said.
"They're trying to inject tribal politics into a criminal matter. They're trying to re-litigate the election of October 2002."
The other significant pending issue is a subpoena filed by the defendants seeking vast amounts of records from the tribe.
However, on Tuesday, the deadline for producing those records, a lawyer representing the tribe filed a motion to quash the subpoena. That issue will be argued March 28.
The indictment depicts Isidro Garza, 55, who was paid more than $500,000 a year to oversee the tribe's casino and other business interests, as the chief conspirator who "manipulated and utilized the (casino's) operating accounts for his personal benefit."
The indictment also claims money from the Kickapoo's Lucky Eagle Casino was routinely funneled into area political races.
State District Judge Amado Abascal, alleged to have been a recipient, awaits trial on charges of filing a false campaign finance report.
Also charged in the Kickapoo case are Isidro Garza's wife, Marta; another son, Isidro Xavier; and Lee Martin, the former casino operator.
All seven are free on bond.
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jmaccormack@express-news.net
Kickapoo Ping!
Please FReepmail me if you want on or off this South Texas/Mexico ping list.
Don't worry, they always forget to do that.
How much Kickapoo joy juice can you get for $500,000?
Figures! Wonder how this will effect the future of the casino. My Aunt and cousins will be deeply saddened if it closes.
Tell them some of any money they may have lost could have gone to Jack Abramoff. That might cheer them up some.
The now famous photograph, with Abramoff in the background, shows Bush shaking hands with former Chairman Raul Garza of the Kickapoo Indian Tribe of Texas.
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