Posted on 10/13/2005 11:15:18 AM PDT by SwinneySwitch
McALLEN — State Sen. Juan "Chuy" Hinojosa’s arrest Monday was the second arrest for possessing an illegal firearm in the secured area of McAllen-Miller International Airport, according to Transportation Security Administration officials.
But what happened to the democratic senator after he was arrested — having his case immediately dismissed by city Judge Kathleen Henley on the basis of no probable cause — differs with the case of Donald Anderson Jr., a McAllen resident who tried to board a morning flight on Nov. 3, 1999, with a handgun in his carry-on luggage.
Following Anderson’s arrest for the incident, Henley arraigned him and imposed a $2,500 bond. The local businessman, who owns Don’s Auto Parts in Mercedes and had a concealed handgun license at the time, was arrested for possessing a loaded .45-caliber Smith & Wesson handgun in the secure area of an airport — a third-degree felony — according to a McAllen police report.
Hinojosa claimed he was treated as any other person would have been in the same situation on the night of his arrest, but a law enforcement source who asked to remain anonymous said Anderson’s case was treated differently.
The difference is Hinojosa is a legislator, the source said.
Anderson, a respectable businessman with no known criminal history, had to go through much more to get his charges dismissed nearly a year later. The source said Anderson asked Henley for a personal recognizance bond, which is given to people judges deem trustworthy enough to appear for their court date. His request was denied.
In addition, Anderson’s concealed handgun license was forwarded to the Texas Department of Public Safety for possible suspension.
After multiple phone calls, Anderson could not be reached for comment. It is unclear whether Anderson spent any time behind bars before Henley dismissed his case on what Hidalgo County district clerk employee identified as Oct. 16, 2000.
When asked about the two different courses of the Hinojosa and Anderson cases, James E. Darling, McAllen’s city attorney and assistant city manager, said "for me to get into the judge’s thought process is inappropriate."
Darling and City Manager Mike Perez called an impromptu press conference Wednesday afternoon at City Hall in response to the public interest Hinojosa’s arrest has generated. Darling said he would speak on behalf of Henley, who said she is bound by the code of judicial conduct not to speak on cases.
This is not the first time Henley has dismissed a case due to lack of probable cause, he said.
"It is not unusual. These things have happened before."
The McAllen officers do a "fine job," he said, but it is up to a judge to decide whether an arrest without warrant is sound.
"Sometimes the judge doesn’t agree with the officers," he said. " … A determination of probable cause is a discretionary function of judges."
Although Henley has dismissed Hinojosa’s case, McAllen Mayor Richard Cortez has requested McAllen Police Chief Victor Rodriguez expedite the investigation and turn the case over to the U.S. Attorney’s office and the Hidalgo County District Attorney, Darling said. By Friday, the investigation should be complete.
As to whether Henley’s job will be reviewed for possible judicial misconduct, the answer was no.
"Not unless something else came to light," Darling said.
After a similar gun-in-secure-place incident involving an Indiana congressman at the Louisville, Kentucky, airport in April 2004, the Associated Press analyzed court and airport police records.
"In the last two years at least 10 people have been stopped at the Louisville airport with guns in carryon luggage. Court and airport police records show most were fined about $100 and given no jail time. One case resulted in a federal indictment, but that case is still pending and prosecutors say the charge could be dropped if the defendant demonstrates good behavior," AP reports.
Furthermore, the Republican congressman from Indiana, U.S. Rep. John Hostettler, pleaded guilty and received a 60-day sentence that was suspended for two years. If Hostettler meets the terms of his plea agreement, he will not have to serve his sentence.
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Cari Hammerstrom covers law enforcement and general assignments for The Monitor. You can reach her at (956) 683-4424.
"Lawyer says judge’s ruling was ‘not unusual’ [South Texas favoritism]"
Unfortunately he's right. Ted Kennedy isn't the only politician who has walked when he should have gone to jail. And what we see of this in the press is just the tip of the iceberg.
Political cronyism is everywhere. Contrast the treatment of Martha Stewart versus Sandy Berger at the federal level. Like it or not, we have a ruling political class, a nomenklatura, if you will, of our own that's simply not bound by the same laws. And, it's one of the true bipartisan arrangments.
Chuy Ping!
Please FReepmail me if you want on or off this South Texas/Mexico ping list.
Fact is the Judicial System is downright corrupt and favoritism is show daily while others are handled tough and swiftly. The Judicial System is overrun with liberals that circumvent the law and system all the time. Also remember most lawyers donate to liberal causes and most,about 85% of their donations go to democrats. But regardless the criminal justice system stinks from beginning to end and justice is spelled dollars or connections.
What's inappropriate is the good old boy system--unless of course you're a beneficiary of the system. I have to admit I've been given a few breaks in my time because my lawyer knew the judge.
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