|
|
|
|
“The minorities are herded through the system,” said protester Judy Rodriguez, a Ganado native who has watched cases at the courthouse since 2003. “It’s a pipeline to prison.”
Rodriguez and her sister, Lisa Acias, focused on what they called a mistrial in the case involving Rodriguez’s son, David Rodriguez, 29.
A grand jury indicted David Rodriguez on charges of entering a home without the consent of the owner with the intent of theft and aggravated assault on June 17, 2006. His original trial date was Nov. 5, 2006, but was rescheduled 12 times, finally going to court on June 9, 2008.
From July 2006 until May 2008, District Attorney Bobby Bell offered David and his attorney Alex Luna, a plea bargain of five years in prison, even after the defendant was indicted on two other charges, aggravated perjury and possession of a firearm.
The plea bargain would have combined the three charges into the five-year prison sentence.
But the defendant told his attorney he was innocent and declined the bargain, Luna said.
“He was saying he didn’t do what (the prosecution) was saying he did,” Luna said. “And as an attorney, I can’t force him to plead guilty on anything.”
Acias, David Rodriguez’s aunt, agreed.
“You have to understand that David’s a boy of principle. He didn’t take the plea because he didn’t do that,” Acias said. “He said he would rather go to prison than confess to something he didn’t do.”
A jury convicted Rodriguez of burglary with the intent to commit the felony of aggravated assault on June 12 and sentenced him to 75 years in prison.
The Rodriguezes and Acias blame the district attorney for her son’s conviction, saying Bell “throws the book” at defendants who do not accept his plea bargains.
Bell disagreed.
“I did everything I could do to get (the defendant)to accept this plea bargain, other than get down on my knees and beg him,” Bell said. “How am I to blame for the jury’s sentencing?”
Bell highlighted specific evidence – a recorded 9-1-1 phone call from the victim, pictures of a kicked-in door, witness testimony and criminal history – as reasons to why the jury found Rodriguez guilty.
David Rodriguez filed for a retrial July 10. He also has two cases pending.
Judy Rodriguez and Acias said they had sent a request for the FBI to investigate this case and others.
The FBI could not be reached for comment Tuesday afternoon.
His mother and Acias said they plan to be in Edna again on July 21 and 23 to protest, when the court is scheduled to hear more cases.
Brandon L. Leonard is a reporter for the Advocate. Contact him at 361-574-1286 or bleonard@vicad.com. You can comment on this story at www.VictoriaAdvocate.com.