Out-of-town judge sought to rule on depositions in bribery scheme

04/08/2008

By Tammy Fonce-Olivas / El Paso Times

A request by County Attorney José Rodriguez to depose five prominent El Pasoans who he thinks may have knowledge about a bribery scheme involving former County Commissioner Betti Flores was stymied Monday when the judge assigned to the case declined to hear the matter.

Judge Carlos Villa of County Court-at-Law No. 5 announced during a hearing that he was withdrawing from the case and is asking Judge Steven Ables of Kerrville, the administrative judge for El Paso County, to appoint an out-of-town judge to preside over Rodriguez's request.

Ables could not be reached for comment.

Villa said he could have provided the parties involved with "fair proceedings" but he wanted to assure the community that the hearings are "free from bias," particularly because he and the other local judges are familiar with one or more of the parties involved and are aware of the FBI's public corruption investigation.

Rodríguez is asking the courts for permission to depose five prominent El Pasoans -- a lawyer, three land developers and a Texas Department of Transportation commissioner. In court documents, Rodríguez alleges that they might have knowledge of or ties to the county's nearly 5-year-old sale of about 305 acres in East El Paso.

The land was sold as part of a settlement with Catalina Development.

Rodríguez said Monday he isn't opposed to having an out-of-town judge preside over the case.

Rodríguez in court documents states that he believes the settlement is tied to a bribery scheme involving Flores.

Flores pleaded guilty in July to six bribery charges. Her pleas were a result of the FBI's public corruption investigation. A punishment hearing for Flores has not been set.

Rodríguez states in court documents that one of the charges includes accepting bribes in exchange for her vote in settling a lawsuit that allowed the sale of the East Side land to be finalized.

Among those Rodríguez wants to depose are: David Escobar, a lawyer who served as the trustee for the joint venture composed of Carefree Homes Inc. LP and Tropicana Homes Inc.; Gregory W. Collins, individually and as president of Catalina Development Inc.; Robert L. Bowling III, president of Tropicana Homes Inc.; Sally Thomas, aka Sarah J. Thomas, president of Carefree Homes Inc. LP; and Ted Houghton, a Texas Department of Transportation commissioner and local businessman.