Protesters call for justice

Mother, Aunt protest sons case outside Jackson County courthouse

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EDNA – Two protesters rallied at Jackson County’s courthouse Tuesday saying the judicial system withheld justice in cases involving minorities.

“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.



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Comments

  • WTG BOBBY BELL!!! WONDERFUL Letter to Editor in this week's Jackson County paper!! WOHOOOOO....someone should be hanging their head in SHAME tsk tsk

    July 23, 2008 at 1:42 p.m.
  • I think that before you judge someone you should know the facts. This is not a mater of being a so called "minority". The pictures that were presented as evidence were taken one month AFTER the incident took place and they were of a window not a door. When Mr. Rodriguez attempted to fire his attorney and hire a new one (several times) his request was denied. He was forced to go to trial with an attorney he did not want representing him. There is so much to the story you don not know. His mother is not guilty or in denial, she is just a parent doing what she can for her son. How would you feel if you were subpoenaed in your sons case, but you were never called as a witness? It was merely a tact by the DA to keep you out of the courtroom.

    July 17, 2008 at 9:46 a.m.
  • My ex-mother-in-law once told me to be careful what I wished for because I just might get it.

    “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.”

    He had to know what the risk was. I appreciate a good gamble, but this would have been way too much for me.

    July 16, 2008 at 7:57 p.m.
  • Poverty does have a lot  to do with the the inadequacies of our justice system,but race cannot be completely excluded. Driving while black was very real in New Jersey. The Jena 6 was another example.... Look up the makeup of death row across the United States.
    Is the race card, overused?Yes ,but most of the time,it is used as a defense mechanism, not unlike an expensive defense attorney.
    I have faith in our justice system,but throughout the years I have been law-abiding and I will be able to post a personal recognizance bond and hire a competent lawyer.Many will remain in jail until they get a chance to prove their innocence.... I believe we had a case just like that,about a year ago.
    I can understand why people are tired of the old race card routine,but are they just as upset when the tables are turned?

    July 16, 2008 at 5:15 p.m.
  • I actually prepared a letter lambasting parents for not preparing their children to fit into society. Now, though, I'll say that I am so sorry for Mrs. Rodriguez. It seems she suffers from a severe case of guilt and is willing to say or do anything to avert attention from her son who was caught in the act.

    In retrospect, it appears the son should have confessed to doing the crime. Rather than listen to - - an adviser??? - - he should have accepted the plea. A recorded 9-1-1 phone call from the victim, pictures of a kicked-in door, witness testimony and criminal history constitute compelling evidence that resulted in a stiff sentence.

    July 16, 2008 at 5:14 p.m.
  • Just curious if anyone has noticed that Hispanics are really no longer the minority in Jackson County...pretty much they make up at least half of the population. So take off the name tag of "minority" already.

    I personally am so tired of hearing about "race" and how mistreated the "minorities" are. I have listened to so many "race" complaints in Jackson County over the last few months I am really starting to wonder, what are these people thinking?? Why can't people just take care of their business without calling out every "activist" group within 100 miles? What would the "minorities" think if there was an activist group for "white people"?

    I don't have anything against blacks, hispanics, or any other ethnic background, heck I have about 8 different bloods running through my veins most of my ancestors were imagrants from europe, with the exception of the native american contribution. All I would like to know is when are the "white people" going to stop getting blamed for everything that happens to the "minorities"?

    I don't know all of the specifics of this case but if there is a complaint on this particular case, please stick to the facts, color, name, or race shouldn't have a thing to do with it...if he didn't do what he was charged with then show the evidence that the jury was lacking to see he was innocent. Just generalizing it into a "if you arn't a good ole' boy you get sent down the river" defense is just stupid and annoying.

    July 16, 2008 at 3:13 p.m.
  • excuse me, i am hispanic and have enough faith in the system. To infer that the reason why I believe in the system is because Im white is racist, narrow-minded and stupid. once again, did this man offer enough evidence in order to counter the DA's? anyone can say they're innocent, but to actually provide evidence to support that theory is quite different.

    July 16, 2008 at 3:10 p.m.
  • MRREALITY,I was just fixing to post about the Dilworth case!Thanks for beating me to it.

    Let's me know that I'm not the only one that feels like the sentence was unfair and totally mishandled.IMO

    July 16, 2008 at 2:44 p.m.
  • It's so easy for White Anglos to say "I trust the system---why can't you?"

    July 16, 2008 at 11:10 a.m.
  • I personally knew David. He was in the same Army Reserve unit I'm still in. He was in when I first joined and took me under his arm and showed me the ropes of the military. He was a good guy whom I know would not doing anything like this. My prayers are with the family to stay strong. You have the support of this soldier behind you.

    July 16, 2008 at 10:36 a.m.

  • A Dilworth By Any Other Name…..(could cost you 65+ years?)

    William Shakespeare's quote, "What's in a name? That which we call a rose by any other name would smell as sweet," must have been the focal point for the prosecution in the Danielle Dilworth case. Dilworth, the family name that was given to her was used against her in last weeks trial which ended in a 65 year sentence. The fifteen minute deliberation was influenced by one who took the stand with the same charges pending as Ms. Dilworth, however, rumor is, Melvin Sims Jr., will be set free after testifying on behalf of the State. Mr. Sims, the so called creditable witness that could not produce evidence of his whereabouts, not only was locked up for the same charges but changed his statement deliberately several times from dropping the baby on the floor to throwing the baby down the stairs. Deal or No Deal? Seems to be some wheeling and dealing going on because if the State was pursuing both of them with the same charges, shouldn't there be a similarity in the severity of their sentences? So what will be his punishment: community service, probation, or none at all? Injustice for justice.

    This leads to the deliberation and the intense sentence that took only 15 minutes. ONLY 15 MINUTES. Determining 4.3 years of Danielle's life per minute. There are 24 hours in a day, typically, 8 hours for work, this was the jury's job but they clocked out early, was it tee time, wanted to beat the evening rush at the grocery store, or just wanted to begin the weekend early? 100% of the jury believed that Danielle was guilty? There was no doubt, whatsoever? It is hard to believe that after careful and impartial consideration of all of the evidence or lack thereof, in this case, there was not "reasonable doubt", or did the jury even know the definition of the clause?

    This was a tragic accident, however, her intentions were not how the State and some people are suggesting. Danielle is not known to be violent, has no prior police record, and always held a steady job, however, her last name Dilworth, being reference in court as "those people", was used against her to be made an example of. BIAS? Most definitely, If we go back and research the last names of some of the jurors, judges, law enforcement officers and prosecutors in Jackson County, I wonder what we would find on their family name. Could we hold that against them? Of course not, they should not be accountable for members bearing the same last name who were probably members of the of the Klan or participated in lynches, point being made, we allow these people to uphold a high rank in Jackson county regardless of what their families were associated with. So…Why was that used against Danielle to determine her punishment?

    I am merely stating the obvious and speaking my opinion. What is going to happen to the kids that are growing up with the last name Dilworth? What do they have to look forward to in or out of the judicial system? Are they going to have the black cloud of "those people" follow them? The majority of the black population in Edna are conjoined by the Dilworth family tree. Saying that Dilworth is a troubled family name means you are also saying other black family names are tainted as well. Sounds like suppression!

    I agree with the State, an example should be made so that the children are protected against crimes such as this, on the other hand, I disagree on the approaches and measures taken to make this example. I believe there is more to this case than we are aware of. There are a lot of people in the community that feel the same way I do, so I urge you to speak out and let it be known (public and courts) how you feel.

    July 16, 2008 at 8:55 a.m.
  • A jury found enough evidence to indict the man. Now, the family is playing the race card. It seems people always jump on the race card as a last resort. Just tired of people playing the race game. She called it a pipeline to prison. I wonder how many relatives she has that are in doing time. If you can do the crime, you can do the time!!!
    It also seems like more family would be protesting about racial issues, than just her family.

    July 16, 2008 at 8:40 a.m.
  • Well..well well...my home town . I really dont know where to start so I will wait intil I wake up to talk about them good ole'boys down there{ I will be back}

    July 16, 2008 at 8:09 a.m.
  • I am almost 100% sure that his prior visits to prison had soemthing to do with this judgement!!!! There have been alot of them. White, brown, black...when you are a repeat offender, sometimes the book IS eventually thrown at ya!!

    July 16, 2008 at 7:42 a.m.
  • im sorry but there was apparently evidence that led the jury to conclude that this man had committed this act, did he offer evidence to counter the prosecutions? and of course his mother and her sister would vouch for him, they're his family. evidence is evidence and I high doubt that any law enforcement agency would just plant evidence. this isn't about a buddy system, this man didnt step on anyone's toes who had the power to alter his fate, he committed buglary then assault, now he's paying the price for it. simple as pie.

    July 16, 2008 at 1:26 a.m.
  • Please save us the suspense of your suggestions. What will the Advocate find if they do the research you suggest?

    July 16, 2008 at 12:50 a.m.
  • Jackson Co. is it's own little empire, and the 'good ole boy' club reigns supreme.

    If the Advocate wants a good story, research sentences under the DA mentioned and see what turns up.

    July 16, 2008 at 12:31 a.m.