GUILTY: Barnhart gets 5 years probation, 30 days in jail & $5,000 fine

ANDREA & RENE ESPINOSA IN KINGSVILLE courtroom after the guilty verdict was announced in the aggravated perjury trial of suspended Willacy County Judge Eliseo "Cheyo" Barnhart. Oralia Barnhart watches as her husband is sentenced to five years probation, 30 days in jail, and given a $5,000 fine.

Willacy County Judge Eliseo "Cheyo" Barnhart was sentenced to five years probation and given a $5,000 fine, after a Kleberg County jury returned guilty verdicts in his aggravated perjury trial on Thursday afternoon. Barnhart was suspended without pay on Friday by the Texas Commission on Judicial Conduct, after his attorney filed an immediate appeal.

 

During the 4-day trial, Special Prosecutor Vincent Gonzales called Andrea Sias- Espinosa to testify that Barnhart sexually molested her 2-1/2 years ago, along with lameduck District Attorney Juan Angel "Johnny" Guerra, two Texas Rangers, three former grand jurors, and two others.

Barnhart's lead attorney, Noe Garza, based his 1-hour long defense solely on 10 witnesses who alternatively testified about both Barnhart's and Guerra's reputation.

The 10 witnesses were examined by Barnhart co-counsel Sam Fugate, an attorney and Kingsville's mayor. Five said that Barnhart is a "good" man, and the other five said that Guerra has a "bad" reputation.

Both attorneys made closing arguments Thursday morning just prior to the sentencing phase.

Gonzales reviewed the facts of the case that he presented over 1-1/2 days.

"Women do forget their purses - I've had to look for my wife's purse," said Gonzales, referring to the reason why Espinosa met Barnhart Friday evening, Feb. 3, 2006. "Mrs. Espinosa gave a lot of detail - She saw his erect penis and panicked," Gonzales reminded the jury. "She gave him a disconnected cell phone number when he asked for it - This adds some credibility," referring to Espinosa's testimony last Tuesday.

"Texas Ranger Rolando Castaneda said he (Barnhart) was lying," Gonzales said. "He changes his story a little each time - That's what this is all about - Lying."

Gonzales then asked jurors to sentence Barnhart to prison and give him a hefty fine.

Fugate, who closed for the defense, told the jury they have the most difficult job, and are the real judges in the case.

"Folks - Why did this happen?," Fugate asked. "You will surmise that this is a political vendetta by Mr. Guerra against Mr. Barnhart," referring to a letter that Barnhart wrote to Gov. Rick Perry last year, citing concerns about Guerra not prosecuting cases in Willacy County.

"This man (Guerra) is dangerous and is out to get Mr. Barnhart," Fugate said. "You heard Terry Flores (county clerk) say that he (Guerra) is a vindictive prosecutor. The good people will tell you that Mr. Barnhart is a good person."

Fugate then asked jurors to acquit Barnhart.

The 9-man and 3-woman jury then sentenced Barnhart to 2 years in the state penitentiary and a $2,500 fine for each of the two counts, but recommended he be placed on probation instead of being imprisoned.

Barnhart's wife, Oralia, his children, and his sister had testified on his behalf at the pre-sentencing phase of the trial.

"I forgave all this two years ago, and I believe in him 100 percent," said Oralia Barnhart, referring to allegations of indecent exposure by Espinosa. "He's been a very good husband, a good supporter and provider, and a good father.

"We've been married 28 years, and with one mistake on his part, I feel he deserves probation," Oralia Barnhart said. "I know him, and want you (the jury) to consider leniency for my husband."

Barnhart's daughter, Nancy Barnhart Perez, talked about her father, and Oralia before the jury.

"He's been a great father, and since I became a mom six years ago, he and I have grown closer," Nancy Barnhart Perez said. "My kids love their grandfather, and Oralia (my stepmom) became such a role model, that my kids call her grandma. They've come to San Antonio to take care of my children for me when I've needed them."

The Barnhart family was visibly relieved when the jury's decision was to probate the sentence, which was read by Presiding District Judge J. Manuel Banales.

The judge set Barnhart's probation period for five (5) years, assessed a total fine of $5,000, and ordered him to pay all court costs and other fees. If Barnhart violates parts of his 24-point probation conditions, then the judge could order him to serve four (4) years in a state penitentiary.

"You have abused the privilege and trust as an elected official in Willacy County," Judge Banales said. "The victim of your crimes has suffered, her family has suffered, and your family has suffered along with the people of Willacy County who elected you."

Judge Banales was referring to Espinosa who claimed Barnhart sexually molested her on February 3, 2006, after work hours in the justice of the peace office in downtown Raymondville. Barnhart was never indicted in the reported incident, but a lot of the evidence was played out during the four day trial in Kingsville last week.

Judge Banales then ordered Barnhart taken into immediate custody by the Kleberg County Sheriff 's Department, even though he was placed on probation by the jury earlier in the afternoon.

"At the time you thrust yourself on Mrs. Espinosa you were an elected official," said Judge Banales, referring to Espinosa's tearful testimony on Monday, where she testified that Barnhart reached over and grabbed her breasts as she was trying to retrieve a forgotten purse from his office. "I find it appropriate to impose a jail term of 30 days confinement in the Kleberg County Jail, starting today."

Several of the probation conditions set by Judge Banales are similar to those for sexual offenders, and not someone convicted of perjury. This includes, but is not limited to not going near Espinosa and taking a psychological exam for sexual offender treatment.

Espinosa had also testified Barnhart kissed her, pinned her against a wall, and exposed himself to her.

Earlier in the trial, after the jury announced the guilty verdicts, Rene Espinosa, Andrea Espinosa's husband, held his wife in the courtroom as she quietly sobbed.

The couple opted not to comment to the Chronicle/News, after the jury's decision on Thursday.

Barnhart's two aggravated perjury counts stem from sworn May 2006 grand jury testimony and an August 2006 civil deposition; where he initially denied any contact with Espinosa. He later admitted in a September 2006 voluntary statement to the Texas Rangers, that he did have "consensual" contact with Espinosa. The prosecution contended, and the jury agreed, that the later statement constituted aggravated perjury since it differed from the two earlier sworn proceedings.

Garza filed an immediate appeal with the 13th Court of Appeals, after the punishment was ordered. Garza requested Judge Banales set an appeal bond. The judge concurred, and set an appellate bond of $5,000, which Garza offered to cover.

All of Garza's motions to dismiss or clarify charges and requests for directed verdicts for his client were denied by Judge Banales at pretrial hearings and during the 4-day trial. Judges generally give defendants wide latitude in criminal trials.

However, Gonzales, who prac- tices law in Corpus Christi, repeatedly reminded jurors of Barnhart's judicial background during the trial. Barnhart is a former justice of the peace, and a retired physical education teacher,

Early Thursday evening after the trial ended, a court bailiff cautioned members and supporters of Espinosa's family not to make rude comments to Barnhart, while his family was waiting quietly for him to taken into custody.

The bailiff loudly ordered them to leave the Kleberg County courthouse, after they made comments like "pervert" and "sexual predator."

Barnhart spent one night in the Kleberg County Jail, after his attorney bailed him out about 5:00 p.m. on Friday.

The Texas Commission on Judicial Conduct moved to suspend Barnhart without pay on Friday, because of the appeal, which allows him to stay in his elected office. If he had not appealed then he would have been removed from office.

See related story in this issue of the Chronicle/News on possible fallout from trial evidence and testimony.