In a past issue we provided an archive of El Paso Times articles chronicling the 2002 recall effort against City Council Representative Larry Medina. In the course of that recall effort, allegations arose -- against the recall organizing group Citizens for Good Government, their leader Jaime O. Perez, his online media businesses elpasometro.com (Licotec Inc.), and his host/webmaster Imerlin.com (Mexus Business Solutions, Inc.) -- that illegal corporate contributions had assisted the effort.
Section 253.094(b) of the Texas Election Code reads:
(b) A corporation or labor organization may not make a political contribution or political expenditure in connection with a recall election, including the circulation and submission of a petition to call an election.
The criminal penalty for violating this section of the code is a third degree felony. While investigations by the Sheriff's Department and the El Paso Police Public Integrity Unit were initiated in 2002, both investigations have since been closed. "We didn't find anything to substantiate the investigation," said El Paso Police spokesman Javier Sambrano. Captain Larry Wilkins, commander of the Sheriff's Department Criminal Investigations Division, said he did not recall a complaint having been filed against Perez or the related corporations.
In addition to criminal penalties, a civil action may also be brought by the opposed candidate for a violation of section 253.094(b) -- an illegal contribution or expenditure by a corporation in a recall effort. The candidate may sue for the following "damages":
- twice the value of the unlawful contribution or expenditure; and
- reasonable attorney's fees incurred in the suit.
Therefore, on July 16, 2002, Larry Medina filed a lawsuit against Jaime O. Perez, et. al. for violating the Texas Election Code in the recall effort against him. The jury trial is set for September 16, 2003 in the 327th District Court.
While some have characterized this trial as a political event between individuals, it may also be viewed as a litmus test for the political process in El Paso -- what conduct is tolerated and what conduct crosses the line.
The following is a timeline of court documents filed, with the available documents attached as portable document files (pdf):
July 16, 2002: Larry Medina files a "Plaintiff's Original Petition" against defendants, Jaime O. Perez, Citizens for Good Government, Licotec, Inc. d/b/a El Paso Metro.com and Mexus Business Solutions, Inc. d/b/a Imerlin.com, for violations of the Texas Election Code and conspiracy.
August 5, 2002: Jaime O. Perez, Licotec Inc. and Citizens for Good Government are all served with the lawsuit. All documents are delivered to Perez.
August 15, 2002: Mexus Business Solutions and business owner Martin Paredes files its original answer to the petition. The attorney for Mexus, Theresa Caballero, enters a general denial to the plaintiffs pleadings. Mexus requests a jury trial and attorney's fees. Caballero is the daughter of former mayor Ray Caballero.
August 26, 2002: Jaime O. Perez, Citizens for Good Government and Licotec Inc. d/b/a El Paso Metro.com files its original answer to the petition. The attorney for the defendants, Michael R. "Mickey" Milligan, enters a general denial of "each and every allegation" and requests attorney's fees. Milligan represented Judge Peter Peca in a 1998 lawsuit against Robert and Olga Osterberg for making illegal campaign contributions.
November 12, 2002: The court conducted a pre-trial scheduling conference and the parties signed a scheduling order.
November 12, 2002: Defendant files a "Motion to Disqualify Plaintiff's Attorney." The motion contends that Medina's attorney, Robert Blumenfeld, should be disqualified for conflict of interest. The motion alleges that Blumenfeld is an attorney for the Housing Authority and, therefore, should not be allowed to represent Medina.
November 12-15: A hearing date is set for December 3, 2002 to consider the motion to disqualify Blumenfeld.
November 15, 2002: Plaintiff files a affidavit stating that he has represented Medina since 1997 "in a variety of personal and business matters." He also states that he has represented the Housing Authority of the City of El Paso "in numerous legal matter" since 1996. In addition, he states that he has never worked for the City of El Paso as an employee or contractor and he has never represented the defendants.
November 15, 2002: Plaintiff files "Plaintiff's Motion to Strike Martin Paredes' Motion to Disqualify Plaintiff's Attorney." The motion states, "The only way for Mr. Paredes to disqualify Mr. Blumenfeld as counsel for Medina in this suit would be to show that Mr. Blumenfeld had represented Jaime O. Perez [or other defendants] in the past in a matter so related to this matter that it creates a genuine threat that confidences revealed will be divulged to Mr. Medina." Blumenfeld reiterates that he has never represented any of the defendants.
The motion also points to factual errors in the November 12 motion to disqualify, notably that "the Housing Authority is a separate and distinct political subdivision of the State of Texas" and is not operated or regulated by the City of El Paso. Rather, the Housing Authority is primarily regulated by the US Department of Housing and Urban Development.
November 25, 2002: Plaintiff files a notice of a "Second Affidavit" in support of Medina's November 15 motion to strike. The affidavit states that Blumenfeld had recently become aware of articles published on elpasometro.com "about this lawsuit and the hearing set for December 3, 2002." The articles attached to the affidavit are the following:
- Medina Liaison at Issue -- November 22, 2002
- Medina Trips the Strelz -- November 21, 2002
- Foster Schwartz on Notice -- November 19, 2002
- Web of Corruption Far Reaching -- November 18, 2002
- Mayor: You Can Run But You Can't Hide -- November 17, 2002
Highlights from the articles include, "Blumenfeld will no doubt claim that he is not a prostitute but rather a whore who gives himself freely and wantonly to whoever will take him."
December 2, 2002: Defendant subpoenas Michael C. Crowley, an attorney for the Housing Authority, to testify at the December 3 hearing deciding the disqualification of Blumenfeld.
December 2, 2002: Plaintiff files a "Plaintiff's Motion for Protective Order" to prevent Crowley from being called to court on this matter. The motion reads in part, "The last minute subpoena is a violation of the Texas Rules of Civil Procedure and raises the specter of harassment . . ." Thomas G. Wicker, Jr. is the plaintiff's attorney for this motion.
December 2, 2002 4:30 PM: Defendant subpoenas Larry Medina to testify at the December 3 hearing at 9:00 AM. .
December 3, 2002: Plaintiff files a "Plaintiff's Motion for Protective Order" to prevent Medina from being called to court on this matter. The motion claims that defendants failed to give Medina and his counsel prior notice that they intended to call Medina as a witness, that the subpoena violates the Texas Rules of Civil Procedure and that "it raises the specter of harassment."
December 3, 2002: The court conducts the hearing on the motion to disqualify the plaintiff's attorney and the motion is denied. Also, a prior hearing was held on the plaintiff's motion for protective orders. The court quashed as to witness Medina; and denied as to witness Crowley.
December 3, 2002: Defendant files an "Objection to Plaintiff's Counsel's Letter to the Court" arguing it is ex-parte communication.
December 17, 2002: Defendant files "Defendant Perez's Request for Disclosure to Plaintiff." The request is for information described in Rule 194.2 of the Texas Rules of Civil Procedure and is within the scope of discovery.
Jury trial is set for September 16, 2003
