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Barnhart's trial moved to Kingsville - Most other motions denied by Judge Banales The aggravated perjury trial for suspended Willacy County judge Eliseo "Cheyo" Barnhart was ordered moved to Kingsville by Presiding District Judge J. Manuel Banales yesterday, after the judge cited heavy local media coverage, and some national media coverage of the case, as being prejudicial for a fair and impartial trial. Attorneys for the state and defense argued for and against a change of venue request that Special Prosecutor Vincent Gonzalez put forth. Gonzalez was allowed to call District Attorney Juan Angel "Johnny" Guerra as a witness, after Noe Garza, Barnhart's attorney, strenuously objected. Guerra said he felt that people in Willacy were law abiding, good people, but that the county was too small for the state and Barnhart to get a fair trial. Noe Garza called 5-6 witnesses who all said they felt Barnhart could get a fair trial. Judge Banales made a quick ruling, after hours of testimony. "When I visit other counties in Texas, Willacy County comes up as a negative due to the events here," said Judge Banales, referring to several criminal and civil cases that were cross-filed by fellow elected officials. "This case and related cases have taken up so much of my time." "Sarita is the next closest courtroom, but we will try this case in Kleberg County, as Kenedy County is remodeling their courthouse," Banales added. The trial was set for August 11th in Kingsville, and a jury will be selected first. Barnhart, a former justice of the peace and RISD school teacher, was indicted last fall on one count of aggravated perjury related to a 2-year-old criminal old case brought by Andrea Sias-Espinosa, who claims Barnhart sexually molested her, after work hours in his office in February of 2006. Barnhart pleaded not guilty to two new counts of aggravated perjury in late March, after he was indicted by a new grand jury. The second motion was to disqualify Judge Banales's appointment of Gonzalez's due to Judge Banales's failure to file a court document officially appointing Gonzalez as special prosecutor in Willacy County. Noe Garza moved to disqualify Gonzalez; however Judge Banales glossed over the request, and appeared not to rule on Noe Garza's request. The judge said he remembered signing the appointment order, and printed another copy in the past week. He signed it at yesterday's court hearing, and had District Clerk Gilbert Lozano file the order. Lozano told Judge Banales in the afternoon that there was no record of his appointment order of Gonzalez being received or filed in the 197th District Court in Willacy County. Noe Garza objected to the late signing of Judge Banales's appointment order, and likened it to the technicality of Banales's quashing of former Special Prosecutor Gustavo "Gus" Garza's appointment, in a related alleged extortion case. Gus Garza, had failed to take a second state-mandated bribery oath in that case. Noe Garza was unhappy with Judge Banales ruling to not quash Gonzalez's appointment. "This is an appealable issue," Noe Garza said. "Gus Garza was tossed out for not taking the 2nd oath. The judge ruled on matters of fact. It was his decision." In a surprise move, Noe Garza said former extortion case defendants, Espinsoa and her aunt Gloria Reyes-Garcia were being given leniency, because their case was not being prosecuted, while his clients case was being actively prosecuted. Judge Banales asked Noe Garza to clarify his point. "Ms. Espinosa and Ms. Garcia could be called as witnesses," Noe Garza said. "I feel that their case is related and that you need to appoint a special prosecutor to investigate the allegations against these two women," referring to an extortion attempt against Barnhart. Raymondville Police had a joint investigation with the Texas Rangers, and the RISD school police, that looked into the alleged sexual molestation charge, an alleged extortion case, and the reported aggravated perjury charges. In the reported extortion case, Espinosa, her husband, and her aunt allegedly tried to extort $35,000 from Barnhart in early 2006 at Myra Green Middle School. The trio was indicted by a prior grand jury for extortion, arrested, and then saw their criminal charges dropped by Judge Banales last year on a technicality, again because of Gus Garza's failure to file the oath form. Judge Banales is presiding over all the cases. Judge Banales asked Noe Garza to put his request for him to appoint a special prosecutor to investigate Espinosa and Reyes-Garcia in the form a motion, and that he would rule on it in June. Earlier in the day, a third motion was heard to suppress evidence contained in two voluntary statements by Barnhart taken by the Texas Rangers. The first statement was made on Aug 30, 2006, after Barnhart was summoned while on a Port Mansfield fishing trip to come to Raymondville to give the statement. Texas Ranger Victor Escalon and former Chief Deputy David Martinez were questioned by Noe Garza and Gonzalez on their interrogation of Barnhart. Barnhart also testified, and said he had been up since 4 a.m. that day, had not eaten, had a migraine headache, and felt he had no choice but to come in and make a statement. He also said he had tried to call his attorney several times that day, but acknowledged he did not tell Escalon or Martinez that he wanted an attorney present. Gonzalez asked each law enforcement officer whether they read Barnhart his Miranda right of self-incrimination warning. They all said yes. Barnhart also initialed a paper copy of the Miranda warning. A different Texas ranger questioned Barnhart in the second voluntary statement he made on Sept. 11, 2007. Gonzalez said that statement differed from the earlier one. Judge Banales then queried Barnhart on his professional background, his time as a justice of the peace, and whether Barnhart has ever given a Miranda warning. "I have given the Miranda warning, but it's different when it's me," Barnhart answered. Gonzalez said that Barnhart knows better, and that he knew what he was getting into, referring to the two statements. Gonzalez said that Barnhart was a liar and was not credible. Noe Garza objected to Gonzalez's characterization of his client. Judge Banales stopped the back and forth between the attorneys, and said, "I will deny each motion to suppress. The fourth motion was for discovery of all grand jury proceedings, and was presented by Noe Garza. Barnhart's attorneys want the names and addresses of the grand jurors so they can call them for depositions. Judge Banales ruled against this citing state statute that states grand jurors cannot be deposed (be required to give a deposition). However, the judge did allow Noe Garza the option of presenting a brief on being able to call and question grand jurors during the trial. Judge Banales said he would rule on this also in June. The fifth, and last motion was a general discovery request for any and all evidence that the prosecution has, and was again presented by Noe Garza Judge Banales noticed that the request was in a generic format. "I want this to be very specific," Judge Banales said. "I want you (Noe Garza) to redraft the motion, and I'll rule on it next month." Gonzalez offered to work with Noe Garza on the discovery motion. The next pretrial hearing will be scheduled for sometime in June in Kingsville.
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