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 1                      REPORTER'S RECORD

 2              TRIAL COURT CAUSE NO. 2010-DCL-2508

 3   - - - - - - - - - - - - - - - x
                                   :
 4   RUBEN R. PENA                 : IN THE DISTRICT COURT
                                   :
 5   VS.                           : 444TH JUDICIAL DISTRICT
                                   :
 6   ERNIE HERNANDEZ               : CAMERON COUNTY, TEXAS
                                   :
 7   - - - - - - - - - - - - - - - x

 8
     ********************************************************
 9

10                            HEARING
                        (AFTERNOON SESSION)
11

12   ********************************************************

13

14        On the 2nd day of June, 2010, the following

15   proceedings came on to be heard in the above-entitled

16   and numbered cause before the Honorable Rudy Delgado,

17   Assigned Judge Presiding, held in Brownsville, Cameron

18   County, Texas.

19        Proceedings reported by computerized stenotype

20   machine.

21

22

23

24
25


     CORINNA N. GARCIA, CSR
                                          2




 1                A P P E A R A N C E S

 2
     APPEARING FOR THE PETITIONER:
 3
         HON. RUBEN R. PENA
 4       State Bar No. 15740900
         LAW OFFICES OF RUBEN R. PENA
 5       700 Paredes Avenue, Suite 103
         Brownsville, Texas 78521
 6       (956) 546-5775

 7       HON. DOUGLAS H. PETTIT
         State Bar No. 15861300
 8       ATTORNEY AT LAW
         700 Paredes Avenue, Suite 210
 9       Brownsville, Texas 78521
         (956) 243-6455
10
     APPEARING FOR THE RESPONDENT:
11
         HON. DAVID HOCKEMA
12       State Bar No. 09747500
         HOCKEMA & LONGORIA
13       P.O. Box 720540
         McAllen, Texas 78504
14       (956) 631-9112

15       HON. ERIN GARCIA
         State Bar No. 24045308
16       KANTACK ALCANTARA LAW OFFICE
         1534 E. 6th Street, Suite 200
17       Brownsville, Texas 78520
         (956) 982-1880
18

19

20

21

22

23

24

25
CORINNA N. GARCIA, CSR
                                                                3




 1                           HEARING
                       (AFTERNOON SESSION)
 2
     JUNE 2, 2010                                         PAGE
 3
     PETITIONER'S WITNESSES:
 4   NAME                                    DX   CX      RDX
     MARY LOU ROSAS                           4   --       --
 5   ANDRES LOZANO                            7   --       --
     RAFAEL GUZMAN                            8   --       --
 6   LUIS CARACHEO                           12   --       --
     ARMANDO GARZA                           13   --       --
 7   JUANA GONZALEZ                          16   --       --
     ESMERALDA LONGORIA                      17   --       --
 8   MONICA MANRIQUE                         19   --       --
     CONSUELO MINJARES                       21   --       --
 9   BEATRICE AVALOS                         24   --       --
     YOLANDA TREVINO                         25   --       --
10   MIGUEL TREVINO                          26   --       --
     JACINTA MONTOYA                         29   --       --
11   JOSE L. BALDONADO                       30   --       --
     NORMA O. ESQUIVEL                       32   --       --
12   GUADALUPE CUEVAS                        42   --       --
     LINDA MAE CASTILLO                      47   --       --
13   RAMIRO CASTILLO, JR.                    50   --       --
     DALIA YBARRA                            52   --       --
14   MARIA J. YBARRA                         55   --       --
     BEATRICE GONZALEZ                       56   --       --
15   RAMON GONZALEZ                          59   --       --
     RICARDO HERRERA                         62   68       69
16
     Closing Argument by Mr. Pena .....................   79
17
     Closing Argument by Mr. Hockema ..................   83
18
     Ruling Taken under Advisement ....................    85
19
     Adjournment ......................................   86
20
     Court Reporter's Certificate .....................   87
21

22

23

24

25
CORINNA N. GARCIA, CSR
                                                                   4




 1                      P R O C E E D I N G S

 2                    (Open court, 1:06 p.m.)

 3                   THE COURT:   Okay.   Have a seat.   Back on

 4   the record on Pena versus Hernandez.      Mr. Pena, call

 5   your next witness.

 6                   MR. PENA:    Call Mary Lou Rosas.   She is

 7   here, Your Honor.

 8                           MARY LOU ROSAS,

 9   was called as a witness and testified as follows:

10                        DIRECT EXAMINATION

11   BY MR. PENA

12       Q.   Ms. Rosas, let me show you this application for

13   a mail-in ballot, and it's No. 9 -- page 965.        Do you

14   see that?

15       A.   Yes.

16       Q.   Is this your signature?

17       A.   Yeah, it is.

18       Q.   And you got the ballot by the mail, correct?

19       A.   Yes.

20       Q.   And then this is the envelope where you sent the

21   ballot back, right?

22       A.   Yeah.

23       Q.   And is that your signature on there?

24       A.   Yes.

25       Q.   Okay.   Did anyone help you fill out the ballot?
CORINNA N. GARCIA, CSR
                                                                      5




 1       A.   No.

 2       Q.   Okay.   Once you filled it out, what did you do

 3   with the ballot?

 4       A.   Margarita Ozuna came for it.

 5       Q.   Margarita Ozuna came for it.       Okay.   And did you

 6   give it to her?

 7       A.   Yes.

 8                   MR. PENA:    Okay.    That's all the questions

 9   I have of this witness, Your Honor.

10                   MR. HOCKEMA:    No questions.

11                   THE COURT:    Okay.   Next witness.

12                   MR. PENA:    Rodolfo Garcia Rosas.

13       A.   No, he didn't come.

14       Q.   (BY MR. PENA)       And is Mr. Rosas your husband?

15       A.   Yeah, my husband.

16       Q.   Okay.    And let me show you his application.

17   This is page 953.    Is that his signature?

18       A.   Yeah.

19       Q.   Okay.   And let me -- that's his signature on the

20   application, correct?

21       A.   Uh-huh.

22       Q.   Yes?

23       A.   Yeah.

24       Q.   You have to say yes.

25       A.   Yes.
CORINNA N. GARCIA, CSR
                                                                   6




 1         Q.   Okay.   That's all right.   And let me show you

 2   his envelope, the envelope that he sent back his ballot

 3   in.   Is that his signature?

 4         A.   I don't think so.

 5         Q.   You don't think that's his signature?

 6         A.   (Moving head side to side)

 7         Q.   Okay.   Do you know what he did with his ballot

 8   -- his envelope when he finished?

 9         A.   I don't know.    That doesn't look like him.

10         Q.   That doesn't look like his signature?      Okay.

11   And did Margarita come for his ballot too?

12         A.   Yeah.

13         Q.   She did?

14         A.   Uh-huh, yes.

15                  MR. PENA:     That's all the questions I have,

16   Your Honor.

17                  MR. HOCKEMA:     No questions.

18                  THE COURT:     Okay.   You may be excused,

19   ma'am.

20         Q.   (BY MR. PENA)    And did she take the ballots?

21         A.   Yeah.

22         Q.   She took them.    Okay.

23                  THE COURT:     Okay.   Next witness.

24                  (Witness excused)

25                             ANDRES LOZANO,
CORINNA N. GARCIA, CSR
                                                                        7




 1   was called as a witness and, through the interpreter,

 2   testified as follows:

 3                            DIRECT EXAMINATION

 4   BY MR. PENA:

 5          Q.   Mr. Lozano?

 6          A.   Yes, sir.

 7          Q.   Let me show you what has been marked as pages

 8   925, 926, 927 and 928.          And is this your signature on

 9   the application to get a mail-in ballot?

10          A.   Yes, sir.

11                      MR. HOCKEMA:    Excuse me.

12                      THE COURT:    Okay.    What is your first name,

13   sir?

14                      MR. HOCKEMA:    Yeah, let's get the first

15   name.

16                      MR. PENA:    Andres.    Andres Lozano.

17          Q.   (BY MR. PENA)       Is your name Andres Lozano?

18          A.   Yes, sir.

19          Q.   And let me show you page 927, and this is the

20   envelope that you put your ballot in.           And is that your

21   signature?

22          A.   Yes.

23          Q.   Did anybody help you fill out the ballot?

24          A.   No, nobody.

25          Q.   And after you finished filling it out, what did
CORINNA N. GARCIA, CSR
                                                                       8




 1   you do with it?

 2          A.   The person came and picked it up.

 3          Q.   And do you know that person's name?

 4          A.   No, sir.

 5          Q.   And what does that person look like?      What does

 6   that person look like?

 7          A.   Short.

 8          Q.   And did you give her your ballot?

 9          A.   Well, I received the envelope and I filled it

10   out.     I put it back in and somebody came and picked it

11   up.

12          Q.   But you don't remember the name of that person?

13          A.   No.    No, I don't.

14                      MR. PENA:    That's all the questions I have

15   of this witness, Your Honor.

16                      MR. HOCKEMA:    No questions.

17                      (Witness excused)

18                      THE COURT:    Next witness.

19                             RAFAEL GUZMAN,

20   was called as a witness and, through the interpreter,

21   testified as follows:

22                           DIRECT EXAMINATION

23   BY MR. PENA:

24          Q.   You are Rafael Guzman?

25          A.   Yes.
CORINNA N. GARCIA, CSR
                                                                   9




 1       Q.   And, Mr. Guzman, I'm going to show you some

 2   pages that are marked 917, 918, 919 and 920 and ask you

 3   is this your signature on the application to get a

 4   mail-in ballot?

 5       A.   I met these people there at the program and then

 6   they take you to vote, and then another lady that came

 7   there as well asked me --

 8                MR. HOCKEMA:    Your Honor, I kind of think

 9   as far as the record is concerned -- I know they're

10   trying to get the witness to testify, but the record --

11   the question was is that his signature, and I don't

12   think -- everything else was unresponsive.      If we could

13   go back and start over.

14                THE COURT:     Sustain the objection.

15       Q.   (BY MR. PENA)    Now, when you got the ballot --

16   when you got the ballot, did you fill it out?

17       A.   I filled it out.   And I said -- and she told

18   me -- and she told me -- I'm sorry.

19                THE COURT:     Okay.   Question and answer.

20                (Interpreter speaking Spanish to witness)

21                MR. HOCKEMA:    Your Honor, I will remind

22   everyone the Court instructed the witness, but I really

23   do object to the interpreter whispering to the witness.

24   That's totally improper.

25                THE COURT:     Well, I could still hear that
CORINNA N. GARCIA, CSR
                                                                     10




 1   whisper and he's simply telling him --

 2                  MR. HOCKEMA:    I understand.     I heard what

 3   he's saying.    But we need to have a record of what is

 4   going on, Your Honor.       That's my objection.

 5                  MR. PENA:    Please have the interpreter

 6   explain what he's just --

 7                  THE INTERPRETER:       What the interpreter was

 8   doing at this moment was instructing the witness how the

 9   procedure works for them to be --

10                  THE COURT:    Mr. Rosas, is it?

11                  MR. PENA:    Guzman.

12                  THE COURT:    Mr. Guzman, you want to tell a

13   story.   Mr. Guzman, I understand you want to tell a

14   story.   I'm sure it's interesting.        However, if you

15   start telling a story, Mr. Hockema has to object and

16   then all of these people --

17                  THE WITNESS:    Well, only just the truth.

18                  THE COURT:     And all these people will be

19   that much later to lunch.      So just answer the question

20   and you can tell your story somewhere else another day.

21                  MR. HOCKEMA:    I promise I'm not keeping

22   anybody from lunch.   We won't object to this witness at

23   all, Your Honor.

24       Q.   (BY MR. PENA)      Mr. Guzman, when you voted, what

25   did you do with the ballot?
CORINNA N. GARCIA, CSR
                                                                  11




 1       A.    The lady took it and she said, "I'll put it in

 2   the mail."

 3       Q.    Do you know who that lady was?

 4       A.    Well, I know her just by sight.

 5       Q.    Stop, stop.   In your application there is --

 6   someone signs that they assisted you, a Margarita Ozuna.

 7   Do you know Margarita Ozuna?

 8       A.    No -- no, I don't know the lady that took the

 9   letter.   Also, another lady --

10       Q.    Okay.   Was the lady that picked up the ballot,

11   was she related -- was she related to you?

12       A.    No.   No, I don't know her.

13       Q.    Okay.   Thank you.    Thank you.

14       A.    I don't know who she is.     She just went there to

15   the program.      I don't know who she is and she told other

16   people as well.

17                   MR. PENA:    I'll pass the witness, Judge.

18                   MR. HOCKEMA:    No questions.

19                   THE COURT:     Next witness.

20                   THE WITNESS:    Is that it?

21                   THE COURT:    Yes, sir, you're excused.

22                   THE WITNESS:    I just want everything to be

23   right.    Well, because we're used to just telling the

24   truth.    Well, thank you very much.

25                   THE COURT:    Thank you.
CORINNA N. GARCIA, CSR
                                                                  12




 1                  (Witness excused)

 2                  THE COURT:    Next witness.

 3                  MR. PENA:    Luis Caracheo.   Mr. Caracheo.

 4                         LUIS CARACHEO,

 5   was called as a witness and, through the interpreter,

 6   testified as follows:

 7                        DIRECT EXAMINATION

 8    (BY MR. PENA)

 9       Q.   Your name is Luis Caracheo?

10       A.   Yes, sir.

11       Q.   And, Mr. Caracheo, I'm going to show you pages

12   201, 202, 203, 204 and ask you is this your signature on

13   the application to ask for a mail-in ballot on page 201?

14       A.   Yes, it is my signature.

15       Q.   And then let me show you page 203.      And this is

16   the envelope that you put the ballot in?

17       A.   Yes, sir.

18       Q.   Is that your signature?

19       A.   Yes, sir.

20       Q.   After you finished filling out the ballot,

21   putting it in the envelope, what did you do with the

22   envelope?

23       A.   Well, we sent it by mail.

24       Q.   And did anybody help you fill it out?

25       A.   No.
CORINNA N. GARCIA, CSR
                                                                  13




 1       Q.    Okay.   On your application did anybody help you

 2   fill out the application?

 3       A.    Yes.    Well, yes, somebody helped me just to fill

 4   it out.

 5       Q.    And who was that person?

 6       A.    I don't remember.

 7       Q.    It says here that Norma Hernandez helped you

 8   fill it out.

 9       A.    Yes.

10       Q.    Do you know Norma Hernandez?

11       A.    No, just that day that she helped me out.

12       Q.    And then when you got the ballot, did she help

13   you with the ballot as well?

14       A.    No, I sent it by mail.

15                    MR. PENA:    Okay.   That's all the questions

16   I have of this witness, Your Honor.

17                    MR. HOCKEMA:    No questions.

18                    (Witness excused)

19                    THE COURT:    Next witness.

20                    MR. PENA:    Armando Garza.

21                           ARMANDO GARZA,

22   was called as a witness and testified as follows:

23                         DIRECT EXAMINATION

24   BY MR. PENA:

25       Q.    Is your name Armando A. Garza?
CORINNA N. GARCIA, CSR
                                                                   14




 1       A.     Yes, sir.

 2       Q.     And, Mr. Garza, let me show you what I've marked

 3   as Plaintiff's 585, 586, 587 and 588 and ask you is that

 4   your signature on the application for a mail-in ballot?

 5       A.     Yes, sir.

 6       Q.     Okay.    And it shows here that Herminia Becerra

 7   assisted you?

 8       A.     Right.

 9       Q.     And how did she assist you?

10       A.   I gave her the -- when I filled out the paper, I

11   gave it to her.

12       Q.   Okay.

13       A.     Because I did it by mail.

14       Q.   Okay.      And so when you got the ballot and you --

15   did you sign the envelope and the ballot itself?

16       A.   Yes, sir.

17       Q.   And this is page 587, correct?

18       A.   Yes, sir.

19       Q.   Okay.      After you got -- after you marked the

20   ballot and you put it in the envelope, what did you do

21   with it?

22       A.     I gave it to her.

23       Q.   You gave it to Ms. Becerra?

24       A.   Right.

25       Q.   And is she related to you in any way?
CORINNA N. GARCIA, CSR
                                                                  15




 1       A.   Just a friend.

 2       Q.   She's just a friend.

 3                 MR. PENA:    That's all the questions I have,

 4   Your Honor.

 5                 MR. HOCKEMA:    No questions.

 6                 THE COURT:    Next witness.

 7                 THE WITNESS:    Thank you, sir.

 8                 MR. PENA:    Thank you.    Oh, I'm sorry.

 9   Mr. Garza, I need you to come back for just a second.

10       Q.   (BY MR. PENA)     Let me show you what I've marked

11   as Plaintiff's 589, 590, 591 and 592.

12       A.   That's my mother's.

13       Q.   This is your mother's?

14       A.   Right.

15       Q.   Consuelo Garza?

16       A.   Right.

17       Q.   And do you live at the same address?

18       A.   Yes, I'm the one that takes care of her.

19       Q.   Okay.    And here it shows that Herminia

20   Becerra -- hang on just a second.       It shows here that

21   Herminia Becerra helped her as well, correct?

22       A.   Correct, sir.

23       Q.   All right.    And then when she got the ballot --

24   that's her signature on the envelope on page 591?

25       A.   Yes, sir.
CORINNA N. GARCIA, CSR
                                                                   16




 1       Q.   And after she signed it, what happened to the

 2   envelope?

 3       A.     Herminia took it.

 4       Q.   Herminia Becerra came and picked it up?

 5       A.   Right.

 6       Q.   Okay.    Thank you very much.

 7       A.   You're welcome, sir.

 8                   MR. PENA:    No further questions of this

 9   witness.

10                   (Witness excused)

11                   THE COURT:    Next witness.

12                   MR. PENA:    Juana Gonzalez.

13                          JUANA GONZALEZ,

14   was called as a witness and, through the interpreter,

15   testified as follows:

16                        DIRECT EXAMINATION

17   BY MR. PENA:

18       Q.   Is your name Juana Gonzalez?

19       A.   Yes, Juana O. Gonzalez.      It's Ortiz Gonzalez.

20       Q.   Ms. Gonzalez, let me show you what are pages

21   909, 910, 911 and 912.       And let me -- page 909 is your

22   application for a mail-in ballot?

23       A.   Yes.

24       Q.   And is that your signature on page 909?

25       A.   Yes.
CORINNA N. GARCIA, CSR
                                                                17




 1       Q.   And it shows here that Margarita Ozuna helped

 2   you fill this out?

 3       A.   Yes.

 4       Q.   Okay.   And then let me show you page 911 which

 5   is the envelope that you returned your ballot in.

 6       A.   Yes.

 7       Q.   And is that your signature on page 911?

 8       A.   Yes.

 9       Q.   And after you finished putting your ballot in

10   the envelope, what happened to the envelope?

11       A.   Well, she took it.

12       Q.   Margarita Ozuna?

13       A.   Yes.

14                   MR. PENA:    That's all the questions I have

15   of this witness, Your Honor.

16                   MR. HOCKEMA:    No questions.

17                   (Witness excused)

18                   THE COURT:    Okay.   Next witness.

19                   MR. PENA:    Esmeralda Longoria.

20                        ESMERALDA LONGORIA,

21   was called as a witness and, through the interpreter,

22   testified as follows:

23                        DIRECT EXAMINATION

24   BY MR. PENA:

25       Q.   Is your name Esmeralda Longoria?
CORINNA N. GARCIA, CSR
                                                                      18




 1       A.    Yes.

 2       Q.    Ms. Longoria, let me show you what are marked

 3   pages 921, 922, 923 and 924.       Now, page 921 is your

 4   application for a mail-in ballot.          Is this your

 5   signature on page 921?

 6       A.    Yes.

 7       Q.    And let me show you page 923.       And is that your

 8   signature on the envelope where you put your ballot?

 9       A.    Yes.

10       Q.    Okay.   And after you signed this, what did you

11   do with the ballot?

12       A.    Always -- well, this lady, Margarita Ozuna, the

13   same one that went to this other lady --

14       Q.    Did she come and pick it up?

15       A.    Yes, at my house.

16       Q.    Okay.   And did she help you fill out the ballot?

17       A.    Yes.

18                    MR. PENA:    That's all the questions I have,

19   Your Honor.

20                    MR. HOCKEMA:    No questions.

21                    THE COURT:    Okay.   Next witness.   You may

22   be excused.

23                    THE WITNESS:    And yesterday I sent another

24   letter.

25                    MR. PENA:    Thank you.
CORINNA N. GARCIA, CSR
                                                                   19




 1                  THE COURT:    Okay.   You're excused.

 2                  (Witness excused)

 3                  MR. PENA:    Just so that the record is

 4   clear, Judge, there is another election, a run-off

 5   election going on right now as we speak.       So that's why

 6   people are saying they've voted another time.

 7                  THE COURT:    Okay.   The record so reflects.

 8                  MR. PENA:    Monica Manrique.

 9                        MONICA MANRIQUE,

10   was called as a witness and testified as follows:

11                        DIRECT EXAMINATION

12   BY MR. PENA:

13       Q.   Your name is Monica Manrique?

14       A.   Yes, sir.

15       Q.   And, Ms. Manrique, let me show you pages 929,

16   930, 931 and 932 and ask you is this your signature on

17   page 929 requesting a mail-in application for a ballot?

18       A.   Yes, sir.

19       Q.   Okay.   And on this application did you fill this

20   out or did Ms. Margarita Ozuna, whose name appears on

21   here, help you fill it out?

22       A.   I filled it out.

23       Q.   And how did she help you?      Because it says she

24   assisted you.

25       A.   No, she was just asking me.      You know, she
CORINNA N. GARCIA, CSR
                                                                20




 1   didn't exactly tell me, you know.

 2       Q.   Anything?

 3       A.   "Sign for this or that," no.

 4       Q.   Let me show you your -- the envelope that you

 5   put your ballot in.    And it's on page 931.

 6       A.   Yes, sir.

 7       Q.   And is that your signature on page 931?

 8       A.   Yes, sir.

 9       Q.   Okay.   And after you put your ballot and you

10   signed this envelope, what did you do with the envelope?

11       A.   She come and picked it up.

12       Q.   She came and picked it up?

13       A.   Yes, sir.

14       Q.   Margarita Ozuna?

15       A.   Yes, sir.

16                MR. PENA:    That's all the questions I have

17   for this witness, Your Honor.

18                MR. HOCKEMA:     No questions.

19                THE COURT:     You may be excused.

20                MR. PENA:    Just a second, Judge.

21                THE COURT:     Okay.    Hold on.

22                MR. PENA:    Thank you.

23                (Witness excused)

24                MR. PENA:    Consuelo Minjares.

25                THE COURT:     Again.    What is the name again?
CORINNA N. GARCIA, CSR
                                                                  21




 1                  MR. PENA:    Consuelo Minjares.

 2                       CONSUELO MINJARES LIRA,

 3   was called as a witness and, through the interpreter,

 4   testified as follows:

 5                         DIRECT EXAMINATION

 6   BY MR. PENA:

 7       Q.   You are Consuelo Minjares Lira?

 8       A.   Yes, sir.

 9       Q.   And let me show you what are marked as pages

10   937, 938, 939 and 940.

11       A.   Correct.

12       Q.   And let me ask you on this application for a

13   mail-in ballot, is that your signature on page 937?

14       A.   Correct.

15       Q.   And it says here that Margarita Ozuna helped you

16   fill this out?

17       A.   No.

18       Q.   She didn't?    Okay.   So do you know why --

19       A.   I don't know why that's there.

20       Q.   All right.    That's okay.   Let me show you what

21   is marked as page 939.     And this is the envelope that

22   you put your ballot in?

23       A.   Uh-huh.

24       Q.   Is that --

25       A.   Correct.
CORINNA N. GARCIA, CSR
                                                                22




 1       Q.   Okay.   And is that your signature on page 939?

 2       A.   Correct.

 3       Q.   And, in fact, on the bottom you printed your

 4   name as well, right?

 5       A.   Correct.

 6       Q.   Now, after you put the ballot in the envelope,

 7   what did you do with the ballot?

 8       A.   I filled it out, I closed the envelope and I

 9   sent it by mail.

10       Q.   Okay.   Did Margarita Ozuna come by and help you

11   fill out the ballot?

12       A.   No, I have never wanted for her to help me.

13       Q.   Has she tried to help you?

14       A.   Yes, she looked for me and everything, but I

15   never let her help me.

16       Q.   Now, recently you got a subpoena to appear here?

17       A.   No.

18       Q.   Someone went to your house and told you you had

19   to be present?

20       A.   Correct.

21       Q.   And they had a subpoena with $10?

22       A.   No -- well, that yes.

23       Q.   That's what I'm referring to.

24       A.   Oh, no, well, yes, this I do have.

25       Q.   And when you say "this," we're talking about a
CORINNA N. GARCIA, CSR
                                                                   23




 1   subpoena?

 2         A.   Okay.   Yes, then I did receive it.

 3         Q.   And it had $10?

 4         A.   Yes.

 5         Q.   Okay.   And when the person went there to talk to

 6   you, you told them that someone had come by to tell you

 7   not to come here?

 8         A.   No.

 9         Q.   Did -- let me show you --

10         A.   This card -- well, this person said that they

11   were going in the name of Margarita Ozuna.

12         Q.   And what did they tell you?

13         A.   That they were representing Margarita Ozuna.

14         Q.   And what did they want you to do?

15         A.   I was shown a document like this and asked me if

16   it was my signature.       That's all.    That's all they told

17   me.

18         Q.   Thank you.

19                     MR. PENA:    That's all the questions I have.

20                     MR. HOCKEMA:    No questions, Your Honor.

21                     (Witness excused)

22                     THE COURT:    Next witness.

23                     MR. PENA:    Beatrice Avalos.

24                           BEATRICE AVALOS,

25   was called as a witness and, through the interpreter,
CORINNA N. GARCIA, CSR
                                                                   24




 1   testified as follows:

 2                        DIRECT EXAMINATION

 3   BY MR. PENA:

 4       Q.   Is your name Beatrice Avalos?

 5       A.   Yes, sir.

 6       Q.   And let me show you what I've marked as pages

 7   893, 894, 895 and 896.      And ask you on page 893 is that

 8   your signature on the application for a mail-in ballot?

 9       A.   Yes, sir.

10       Q.   And did you receive a ballot?

11       A.   Yes, sir.

12       Q.   And let me show you page 895.     This is the

13   envelope that you put the ballot in, correct?

14       A.   Yes, sir.

15       Q.   And is that your signature on page 895?

16       A.   Yes, sir.

17       Q.   Okay.   And after you signed and put the ballot

18   in the envelope and you signed it, what did you do with

19   the envelope?

20       A.   I called Margarita Ozuna so she could come and

21   pick it up.

22       Q.   That's fine.      And did she come and pick it up?

23       A.   Yes, sir.

24                  MR. PENA:    That's all the questions I have,

25   Your Honor.
CORINNA N. GARCIA, CSR
                                                                  25




 1                   MR. HOCKEMA:    No questions.

 2                   (Witness excused)

 3                   THE COURT:    Okay.   Next witness.

 4                   MR. PENA:    Yolanda Trevino.

 5                        YOLANDA TREVINO,

 6   was called as a witness and, through the interpreter,

 7   testified as follows:

 8                        DIRECT EXAMINATION

 9   BY MR. PENA:

10       Q.   Your name is Yolanda Trevino?

11       A.   Yes.

12       Q.   And, Ms. Trevino, let me show you what I've

13   marked as pages 973, 974, 975 and 976 and ask you on

14   page 973 is that your signature on the request for a

15   mail-in ballot?

16       A.   Yes.

17       Q.   And let me show you page 975.       And is that your

18   signature on the envelope that you put your ballot in?

19       A.   Yes.

20       Q.   And after you signed the ballot or after you

21   filled out the ballot and put it in the envelope, what

22   did you do with the ballot?

23       A.   Well, the lady took it.

24       Q.   And who was the lady?

25       A.   I don't remember her name.      But she's kind of
CORINNA N. GARCIA, CSR
                                                                 26




 1   dark-skinned.

 2       Q.    Let me show you page 973.       It shows that a

 3   Margarita Ozuna assisted you in filling out the

 4   application.

 5       A.    Yes.

 6       Q.    Do you know Margarita Ozuna?

 7       A.    Yes.

 8       Q.    And was she the one that came and picked up the

 9   ballot?

10       A.    Yes.

11                    MR. PENA:    That's all the questions I have,

12   Your Honor, of this witness.

13                    MR. HOCKEMA:    No questions.

14                    (Witness excused)

15                    THE COURT:    Okay.   Next witness.

16                           MIGUEL TREVINO,

17   was called as a witness and, through the interpreter,

18   testified as follows:

19                         DIRECT EXAMINATION

20   BY MR. PENA:

21       Q.    Your name is Miguel Trevino, sir?

22       A.    Yes.

23       Q.    English or Spanish?

24       A.    Spanish.

25       Q.    Mr. Trevino, you heard me ask your wife the
CORINNA N. GARCIA, CSR
                                                                    27




 1   questions about signature.       You heard me ask her this?

 2       A.   Yes.

 3       Q.   Okay.   On page 969 is that your signature on the

 4   request for a mail-in application?

 5       A.   Yes.

 6       Q.   And let me show you what's been marked as page

 7   971 and ask you is that your signature on the envelope

 8   that you put your ballot in?

 9       A.   Yes.

10       Q.   And after you signed the ballot -- after you

11   signed the envelope with the ballot, what did you do

12   with the envelope?

13       A.   I put it in the mail.

14       Q.   You put yours in the mail?

15       A.   Yes.    Yes, I put it in the mail.

16       Q.   Okay.   And did -- it says here that Margarita

17   Ozuna helped you fill out the application.

18       A.   Yes.

19       Q.   And did she come and pick up the envelope when

20   you finished it?

21                   MR. HOCKEMA:    Object to leading.   He

22   already testified he mailed it, Your Honor.

23                   THE COURT:    Sustained.   Don't lead.

24       Q.   (BY MR. PENA)       Mr. Trevino, did Ms. Ozuna help

25   you fill out your ballot?
CORINNA N. GARCIA, CSR
                                                                  28




 1       A.   Yes.

 2       Q.   And did she take the ballot?

 3                   MR. HOCKEMA:     Again, same objection.

 4                   THE COURT:     Sustained.

 5                   MR. PENA:    I'm sorry.     What was the

 6   objection?

 7                   THE COURT:     Leading.

 8       Q.   (BY MR. PENA)       What happened to the ballot after

 9   you signed it?

10                   MR. HOCKEMA:    Asked and answered.    He said

11   he mailed it, Your Honor.

12                   MR. PENA:    Well, Judge, I think he's a

13   little confused about the two, the application --

14                   THE COURT:    I'll allow it.    Go ahead.

15       Q.   (BY MR. PENA)       You heard your wife testify that

16   Margarita Ozuna came and picked up her ballot?

17       A.   Yes.

18       Q.   And did that happen with your ballot?

19       A.   Yes.

20       Q.   Thank you.    And, Mr. Trevino, how young a man

21   are you, sir?

22       A.   I'm 82 years old.

23       Q.   Thank you very much, sir.

24                   MR. PENA:    That's all the questions I have

25   of this witness.
CORINNA N. GARCIA, CSR
                                                                    29




 1                    MR. HOCKEMA:    No questions.

 2                    (Witness excused)

 3                    THE COURT:     Next witness.

 4                          JACINTA MONTOYA,

 5   was called as a witness and, through the interpreter,

 6   testified as follows:

 7                         DIRECT EXAMINATION

 8   BY MR. PENA:

 9       Q.    Are you Jacinta Montoya?

10       A.    Yes.

11       Q.    Ms. Montoya, I'm going to show you pages 733,

12   734, 735 and 736.     And on page 733, Ms. Montoya, is that

13   your signature on the application to request a mail-in

14   ballot?

15       A.    Oh, yes.

16       Q.    And then on page 735 is that your signature on

17   the envelope that you put your ballot in?

18       A.    I don't remember.

19       Q.    All I'm asking is this your signature?

20       A.    Oh, yes.

21       Q.    And after you put your ballot and signed this

22   envelope, what did you do with the envelope?

23       A.    Well, the one that filled it out was Norma.

24   Well, she filled it out and she sent it.         I think she

25   took it.
CORINNA N. GARCIA, CSR
                                                                   30




 1       Q.   Norma, do you know her last name?

 2       A.   Norma, well, I think Hernandez.

 3       Q.   Thank you.

 4                  MR. PENA:    That's all the questions I have,

 5   Judge.

 6                  MR. HOCKEMA:    No questions.

 7                  THE COURT:     Okay.   Next witness.   We've

 8   already accommodated the court reporters with this

 9   switch, so I had said 1:30 because of the previous court

10   reporter, but we're going to go through this front row.

11                  THE WITNESS:    Is that it?

12                  THE COURT:    Yes, good-bye, ma'am.

13                  THE WITNESS:    Because I'm going to go eat.

14                  (Witness excused)

15                  THE COURT:    We're going to get through this

16   row and then break.

17                       JOSE L. BALDONADO,

18   was called as a witness and testified as follows:

19                         DIRECT EXAMINATION

20   BY MR. PENA:

21       Q.   Is your name Jose E. Baldonado?

22       A.   L.

23       Q.   Mr. Baldonado -- it looked like an E.        I'm

24   sorry.   Jose L. Baldonado.     Mr. Baldonado, I'm going to

25   show you pages 473, 474, 475 and 476 and ask you is this
CORINNA N. GARCIA, CSR
                                                                 31




 1   your signature on page 473 requesting a mail-in

 2   application?

 3       A.   It is.

 4       Q.   And it shows here that Herminia Becerra assisted

 5   you in filling this out?

 6       A.   She didn't assist me in filling it out.   She

 7   assisted me in taking the ballot.

 8       Q.   Oh, taking the ballot.   So did she take the

 9   ballot from you?

10       A.   Yes, sir.

11       Q.   Let me show you page 475.    And is that your

12   signature on the envelope that you put the ballot in?

13       A.   Yes.

14       Q.   And after you finished signing this, what did

15   you do with the ballot?

16       A.   I gave it to Mrs. Becerra.

17       Q.   Ms. Becerra.    And do you know Ms. Becerra?

18       A.   Yes, sir.

19       Q.   And how do you know her?

20       A.   Well, she lives through the same street that I

21   live.

22       Q.   Okay.    Have you seen her recently?

23       A.   No, I haven't.

24       Q.   I haven't either.    We've been looking for her.

25   Would you tell her I've been looking for her?
CORINNA N. GARCIA, CSR
                                                                  32




 1       A.   If I see her.

 2       Q.   If you see her.       I appreciate it.

 3                   MR. PENA:    That's all the questions I have

 4   of this witness, Your Honor.

 5                   MR. HOCKEMA:       No questions.

 6                   THE COURT:     Okay.   You're excused.

 7                   (Witness excused)

 8                   THE REPORTER:      Mr. Pena, what was his last

 9   name?

10                   MR. PENA:    Baldonado, B-A-L-D-O-N-A-D-O.

11                   THE COURT:    Do you speak English?

12                   THE WITNESS:    Yes, I do.

13                         NORMA O. ESQUIVEL,

14   was called as a witness and testified as follows:

15                         DIRECT EXAMINATION

16   BY MR. PENA:

17       Q.   You're Ms. Esquivel?

18       A.   Yes.

19       Q.   Full name?

20       A.   Norma Esquivel.      O.

21       Q.   Is your name Norma O. Esquivel?

22       A.   Yes.

23       Q.   And, Ms. Esquivel, let me show you pages 297,

24   298, 299 and 300 and ask you on page 297 is this your

25   signature on this request for mail-in application?
CORINNA N. GARCIA, CSR
                                                                    33




 1       A.    Yes, it is.

 2       Q.    It is.    Okay.   And it shows here that Herminia

 3   Becerra assisted you in this?

 4       A.    No, she didn't.

 5       Q.    She didn't?

 6       A.    No.

 7       Q.    Do you know why she would put down that she

 8   assisted?

 9       A.    She had asked us if we needed any help and I

10   told her no, we could fill in our own.

11       Q.    Okay.    Your own.   Okay.   And do you work for a

12   living?

13       A.    Yes, I do.

14       Q.    Outside of the home?

15       A.    Yes.

16       Q.    Where do you work?

17       A.    I work at -- with the school district.

18       Q.    I'm sorry?

19       A.    The school district.

20       Q.    The Brownsville?

21       A.    Brownsville.

22       Q.    And what do you do?

23       A.    I'm clerical.

24       Q.    Do you drive to work?

25       A.    Sometimes, when I can.
CORINNA N. GARCIA, CSR
                                                                  34




 1         Q.   Okay.   When you can?

 2         A.   Uh-huh.

 3         Q.   Okay.   Do you --

 4         A.   When I'm not under my medication they've given

 5   me.

 6         Q.   Okay.   Are you under medication right now?

 7         A.   Yes, I am, and my mouth is very dry --

 8         Q.   So is mine.

 9         A.   -- because of my medication.    That's why it's

10   like that, not because I'm talking.       You're talking, so

11   I think that's why your mouth is dry.

12         Q.   Okay.   But your medication doesn't prevent you

13   from going to work?

14         A.   No, it lets me go to work.

15         Q.   Okay.   Do you -- are you married?   I know you're

16   married.

17         A.   Yes.    Well, yes.

18         Q.   And do you do shopping for your family?

19         A.   Not really.

20         Q.   You don't do any shopping?   You don't go to

21   H-E-B?

22         A.   No, because Schwan's comes to my house and I

23   just order from them.

24         Q.   Did you drive here?

25         A.   Yes.
CORINNA N. GARCIA, CSR
                                                                      35




 1       Q.   And did you take the elevator to come in?

 2       A.   Yes.

 3                   MR. HOCKEMA:    Your Honor, we object trying

 4   to get -- to impeach her disability.         We object.

 5                   THE COURT:    Sustain.    Let's move on.

 6       Q.   (BY MR. PENA)       Okay.   All right.   Let me show

 7   you what is marked as page 299.          And is that your

 8   signature on the envelope that you put your ballot in?

 9       A.   Yes, it is my signature.

10       Q.   Okay.   And after you filled the ballot and put

11   it in the envelope, what did you do with the envelope?

12       A.   I put it in my mailbox.

13       Q.   And you mailed it out?

14       A.   Well, when the mailman picks up.

15       Q.   Okay.    That's fine.       Now, let me show you what

16   is marked as page 301, 302, 303 and 304.          And this is

17   the application of Norman W. Esquivel, Sr.         And who is

18   Mr. Esquivel, Sr.?

19       A.   My husband.

20       Q.   Okay.   And is that his signature on page 301?

21       A.   Yes, it is.

22       Q.   You have to wait until I finish asking the

23   question because that young lady is trying to take down

24   everything, okay?    So we need to help her a little bit.

25   Let me ask you again.        Is that his signature on page
CORINNA N. GARCIA, CSR
                                                                    36




 1   301?

 2          A.   Yes, it is.

 3          Q.   Okay.   And Mr. Esquivel appears to have received

 4   assistance from Herminia Becerra as well?

 5          A.   Like I said, she asked if we needed assistance

 6   and we said no.       We did it ourselves.

 7          Q.   You did it yourselves?

 8          A.   Uh-huh.

 9          Q.   So what does your husband do?

10          A.   He's out of town looking for work.   He goes out

11   looking for work for air-conditioning.

12          Q.   And he's an air-conditioning repairman?

13          A.   Uh-huh.

14          Q.   Is that a yes?

15          A.   Yes.

16          Q.   Okay.   Again, she has to take it down.   And is

17   he disabled?

18          A.   Well, he's got a disability.

19          Q.   And what is that?

20          A.   He's got a bad liver.

21          Q.   Bad liver?

22          A.   Uh-huh.

23          Q.   Okay.   But that doesn't prevent him from

24   going --

25          A.   Well, I don't think it doesn't -- I don't think
CORINNA N. GARCIA, CSR
                                                                     37




 1   -- disabled can be anybody that has a disability

 2   problem.       It doesn't mean that you can't go out and

 3   work.       There is a lot of us can be disabled and go out

 4   to work.

 5          Q.     Exactly.

 6          A.    So it doesn't mean we can't, stop from going.      I

 7   would think disabled because that's considered a

 8   disability for me.

 9          Q.    Okay.   Let me ask you a different way.    If your

10   husband were here today, could he walk into the

11   courtroom?

12          A.    Again, disability doesn't mean you can't walk.

13                     MR. HOCKEMA:    Again, Your Honor, we would

14   object to asking voters about their spouses to impeach

15   the voter's disability.

16                     MR. PENA:    This is a separate witness,

17   Judge, and I think I'm entitled to ask her some

18   foundation questions, Judge, because I think that -- I

19   think this goes to a very critical issue in this case.

20                     MR. HOCKEMA:    He's asking her to impeach a

21   voter's affidavit --

22                     MR. PENA:    No, I'm not, Judge.   I'm just --

23                     THE COURT:    One at a time.

24                     MR. PENA:    I'm not asking her to do that at

25   all.        I'm just asking her some very simple questions
CORINNA N. GARCIA, CSR
                                                                      38




 1   about what she and her husband can do or not do, Judge.

 2   That's all.

 3                  THE COURT:    Not long ago I parked in a

 4   handicapped parking space and a person, not even a

 5   police officer, looked at me and said, "Why are you

 6   parked here?    You're not disabled."   Whereupon I

 7   proceeded to show that person my 18-inch scar.        So

 8   sometimes whatever disabilities are -- and I'm not going

 9   to allow you to get into disabilities and the definition

10   of disabilities.    Had the legislature in the electoral

11   process intended that, then it would have required

12   voters to have a doctor to allow persons to claim

13   disability.    So the area you're getting to, I'm

14   sustaining the objection.

15                  MR. PENA:    Well, if I might, Judge, the

16   election code is clear about defining disability.          And

17   it is not an 18-inch scar or having a liver problem or

18   having medication.    The election code is very clear

19   about how disability is defined, and it is not as broad

20   as one would expect it to be.      It's a very narrow

21   definition.    So it's only if you're unable to go to a

22   poll as an early voter without assistance or you have a

23   sickness that would require you to remain home,

24   including pregnancy.    That is the narrow definition

25   under the election code, Judge, and not a broader
CORINNA N. GARCIA, CSR
                                                                 39




 1   definition.

 2                 THE COURT:     And I've taken judicial

 3   knowledge of the election code and the objection is

 4   sustained.

 5                 MR. PENA:    Well, then, Judge, how am I

 6   going to be able to show the Court, the fact finder,

 7   that some of these people, in fact, are not disabled

 8   because they might believe that they think that they're

 9   disabled because they have some kind of disease or

10   something or other, but under the election code they are

11   not disabled.     So I need some latitude here, Judge, to

12   be able to at least get some foundation as to the basis

13   of the question on the disability.

14                 MR. HOCKEMA:    The law says he can't even go

15   into it, Your Honor.     He can't go behind it after the

16   election.    That's what Tiller versus Martinez says.

17                 THE COURT:    The objection is sustained.

18       Q.   (BY MR. PENA)     Let me show you what are pages

19   293, 294 and 295, Ms. Esquivel.     This appears to be the

20   application of Norman Esquivel, Jr.; is that correct?

21       A.   Right.

22       Q.   And on page 293 is that his signature?

23       A.   Yes, it is.

24       Q.   All right.    And how old is Norman?

25       A.   He is 27.
CORINNA N. GARCIA, CSR
                                                                   40




 1         Q.   Okay.   And what does Norman do for a living?

 2         A.   He's in college right now.

 3         Q.   Okay.   Where is he in college?

 4         A.   Going to work on getting a job.

 5         Q.   Where is he in college?

 6         A.   Here at the police academy.

 7         Q.   Okay.   And is that his signature on the return

 8   envelope?

 9         A.   Yes, it is.

10         Q.   Okay.   Did all of you return the --

11         A.   I mailed --

12         Q.   Let me finish.   Let me just finish my question.

13   Did all of you return your envelopes at the same time?

14         A.   We put them in our mailbox.

15         Q.   At the same time?

16         A.   Yes.

17         Q.   Okay.   And does Norman have any kind of

18   disability?

19         A.   Yes, he does.    He has a tumor in the pituitary

20   gland and he's gotten four surgeries and he's disabled.

21   And I don't like to tell people because that can be held

22   against him.       And I had to tell you now what his problem

23   is.

24         Q.   Okay.

25         A.   Because work efforts, that can stop him.
CORINNA N. GARCIA, CSR
                                                                    41




 1          Q.   Well, you know, we have the Americans with

 2   Disabilities Act.

 3          A.   I've tried everything, sir.   You don't know

 4   where I've gone on his situation.

 5          Q.   But he's going to school?

 6          A.   Right, and hopefully he gets the job because

 7   you've made me brought that up.

 8          Q.   And that disability is not keeping him from

 9   going to school?

10          A.   Yes, it has.

11                   MR. HOCKEMA:    Your Honor, should I have to

12   object?

13          A.   Yes, it has.

14                   THE COURT:     Ma'am, okay, I understand your

15   position.     Anything else?

16          Q.   (BY MR. PENA)    And he is going to school right

17   now?

18          A.   And if this holds him from not getting a job --

19          Q.   Ms. Esquivel, my question to you is is he going

20   to school today?

21          A.   He's already finished.

22          Q.   Is he in school?

23          A.   He going to be finished already.

24          Q.   When does he finish?

25          A.   He's going to finish -- this summer he's just
CORINNA N. GARCIA, CSR
                                                                42




 1   going to graduate from the academy.

 2       Q.   And which academy?

 3       A.   The UTB academy.

 4       Q.   The UTB academy.     And what kind of degree is he

 5   going to have?

 6       A.   Hopefully law enforcement if he doesn't have to

 7   go back to continue the education.

 8       Q.   Thank you.

 9                  MR. PENA:    That's all the questions I have.

10                  THE COURT:   Anything?

11                  MR. HOCKEMA:    No.

12                  THE COURT:   Okay.    You may be excused,

13   ma'am.

14                  THE WITNESS:    Thank you.

15                  (Witness excused)

16                         GUADALUPE CUEVAS,

17   was called as a witness and testified as follows:

18                         DIRECT EXAMINATION

19   BY MR. PENA:

20       Q.   Mr. Cuevas, how are you, sir?

21       A.   Fine.

22       Q.   Let me show you what are marked as pages 177,

23   178, 179 and 180.     And let me ask you on page 177,

24   Mr. Cuevas, is the -- is that your signature on the

25   application for a mail-in ballot?
CORINNA N. GARCIA, CSR
                                                                    43




 1          A.    Yes, sir.

 2          Q.    Okay.   And it shows here that Herminia Becerra

 3   assisted you; is that correct?

 4          A.     To help me just fill it out and give me

 5   information.

 6          Q.    Okay.   And let me show you what is marked page

 7   179.        And is that your signature on the envelope that

 8   you put your ballot in?

 9          A.    Yes, sir.

10          Q.    And after you filled out the envelope and you

11   put the ballot in, what did you do with the envelope?

12          A.    I mailed it.

13          Q.    Okay.   Where did you mail it?

14          A.    At the Post Office.

15          Q.    At the Post Office.    Nobody came and helped you

16   to fill it out?

17          A.    No, sir.

18          Q.    Okay.

19          A.    I filled it out myself.

20          Q.    You filled it out yourself.     Did Ms. Becerra

21   help you fill it out?

22                     MR. HOCKEMA:    Your Honor, object to

23   leading.       He's already asked and answered.

24                     THE COURT:    Sustained.

25          Q.    (BY MR. PENA)     So your testimony is that
CORINNA N. GARCIA, CSR
                                                                      44




 1   Ms. Becerra didn't come and take your envelope?

 2          A.   No.

 3          Q.   Okay.   All right.    Thank you.

 4          A.   You're welcome.

 5                     THE REPORTER:    I didn't get his first name.

 6                     MR. PENA:    Hold on just a second.

 7                     THE COURT:    First name, sir?

 8                     THE WITNESS:     Guadalupe Cuevas, sir.

 9                     THE COURT:    Guadalupe Cuevas.

10          Q.   (BY MR. PENA)      Let me show you pages 181, 182,

11   183 and 184, Mr. Cuevas, and these appear -- appears to

12   be your mother's application for mail-in.

13          A.   Yes, sir.

14          Q.   Okay.   And did -- is that her signature on page

15   181?

16          A.   Yes, sir.

17          Q.   Okay.   And is that her signature on page 183

18   with the envelope?

19          A.   Yes, sir.

20          Q.   Okay.   And after she signed this envelope what

21   did she do with this envelope?

22          A.   Both of them I mailed them.

23          Q.   Both of them you mailed them?

24          A.   Yes, sir.

25          Q.   Okay, sir.   Thank you very much.
CORINNA N. GARCIA, CSR
                                                                45




 1          A.   Took them to the Post Office.

 2          Q.   You took them to the Post Office?

 3          A.   Yes.

 4          Q.   And let me show you pages 189, 190, 191, and

 5   192.

 6          A.   Okay.

 7          Q.   And there appears to be an Arcadia Ramirez that

 8   lives at the same address that you do; is that correct?

 9          A.   No, sir.

10          Q.   No?

11          A.   No.

12          Q.   Do you live at 79 --

13          A.   79 York Drive.

14          Q.   Yes, sir.

15          A.   Yes, sir, I do.

16          Q.   And do you know Arcadia Ramirez?

17          A.   She's my aunt.

18          Q.   Okay.   But she doesn't live there?

19          A.   No, sir.

20          Q.   Okay.   Do you recognize her signature?

21          A.   I'm not sure of that.

22          Q.   Okay.   But she doesn't live --

23          A.   No.

24          Q.   -- at 79 --

25          A.   No.
CORINNA N. GARCIA, CSR
                                                                 46




 1       Q.   Okay.   And do you know how her ballot was sent

 2   back?

 3       A.   Sent back where?

 4       Q.   Back to the -- well, let me go back.     On page

 5   191, this is the envelope that she put her -- that she

 6   put her ballot in, correct?

 7       A.   Yes, sir.

 8       Q.   Okay.   Do you know how that was returned to

 9   the --

10       A.   I think she mailed it.

11       Q.   You think, but you're not sure?

12       A.   I'm not sure.

13       Q.   Okay.   Let me ask you one more thing.   In

14   regards to your mother's ballot, did you help your

15   mother fill out --

16       A.   Yes, sir.

17       Q.   You helped her fill it out?

18       A.   Yes.

19       Q.   How did you help her fill it out?

20       A.   Well, the same questions.

21       Q.   Okay.   So did you help her mark the ballot?

22       A.   Mark the ballot?

23       Q.   Yes.

24       A.   Yes, sir.

25       Q.   Okay.   All right.
CORINNA N. GARCIA, CSR
                                                                    47




 1                   MR. PENA:    That's all I have of this

 2   witness, Your Honor.

 3                   THE COURT:    Okay.

 4                   MR. HOCKEMA:    No questions.

 5                   (Witness excused)

 6                   THE COURT:    All right.     Your full name,

 7   ma'am.

 8                   THE WITNESS:    Linda Mae Castillo.

 9                           LINDA MAE CASTILLO

10   was called as a witness and testified as follows:

11                           DIRECT EXAMINATION

12   BY MR PENA:

13       Q.   Ms. Castillo, can you tell us how old you are,

14   ma'am?

15       A.   29.

16       Q.   29.    Okay.    Let me show you pages 505, 506, 507

17   and 508 and ask you on page 505 is that your signature

18   on the request for an application for a mail-in ballot?

19       A.   Yes.

20       Q.   Okay.   And did Herminia Becerra help you fill

21   out this application?

22       A.   She didn't help me.      She helped me but she just

23   took it.

24       Q.   She just took it?

25       A.   When I finished.
CORINNA N. GARCIA, CSR
                                                               48




 1       Q.   When you finished?    You mean the ballot?

 2       A.   Yeah.

 3       Q.   Okay.   Let me just go back a little bit here.

 4   Let me show you page 507.     This is the envelope that you

 5   put your ballot in, correct?

 6       A.   Uh-huh.

 7       Q.   Is that a yes?

 8       A.   Yes.

 9       Q.   And is that your signature?

10       A.   Yes.

11       Q.   And after you finished putting the ballot in

12   this envelope and signing it, what did you do?

13       A.   I gave it to her.

14       Q.   You gave it to who?

15       A.   Ms. Becerra.

16       Q.   I'm sorry?

17       A.   Ms. Becerra.

18       Q.   Becerra?

19       A.   Yes.

20       Q.   And do you drive?

21       A.   No.

22       Q.   Okay.   Do you work outside the home?

23       A.   Not right now.

24       Q.   Not right now.   What kind of work do you do?

25       A.   I just finished as a medical assistant.
CORINNA N. GARCIA, CSR
                                                                49




 1       Q.   A medical assistant?

 2       A.   Yes.

 3       Q.   Training for that?

 4       A.   Yeah, I graduated from that.

 5       Q.   Okay.   And where did you go to school to get

 6   that?

 7       A.   South Texas Vo-tech.

 8       Q.   Okay.   And to do that do you have to work with

 9   patients?

10       A.   No, it was just training.

11       Q.   Oh, a training?

12       A.   It was just training.

13       Q.   And so how would you get there?

14       A.   My father would take me.

15       Q.   Take you there.   And are you able to get a job

16   and work if somebody offered you a job?

17       A.   Yes.

18       Q.   Okay.   All right.   And are you able to walk?

19       A.   Yes.

20       Q.   Okay.   All right.   Thank you.

21       A.   I walked to this chair.

22       Q.   I was going to say you walked here, didn't you,

23   to this chair, right?

24       A.   Yes.

25       Q.   Thank you very much.
CORINNA N. GARCIA, CSR
                                                                       50




 1       A.    You're welcome.

 2       Q.    Is that your dad?

 3       A.    Yes, this is my dad.

 4       Q.    Thank you.

 5                    (Witness excused)

 6                    MR. PETTIT:   Judge, we only have a few more

 7   people.   Can we bring them up and get this over with,

 8   out of the way?

 9                    THE COURT:    Define few.

10                    MR. PETTIT:   Two.

11                    THE COURT:    Okay.   Yes.   Go ahead.   While

12   they're moving, you can continue.

13                       RAMIRO CASTILLO, JR.,

14   was called as a witness and, through the interpreter,

15   testified as follows:

16                          DIRECT EXAMINATION

17   BY MR. PENA:

18       Q.    Is your name Ramiro Castillo, Jr.?

19       A.    Yes.

20       Q.    And, Mr. Castillo, let me show you pages 513,

21   514, 515 and 516.      And ask you on page 513 is that your

22   signature on the application for a mail-in ballot?

23       A.    Yes.

24       Q.    And it says -- it shows Herminia Becerra

25   assisting you in preparing this application.         Did she?
CORINNA N. GARCIA, CSR
                                                                       51




 1         A.   Yes.    No, I filled it out and everything.     She

 2   just came and took it.

 3         Q.   Well, let me show you page 515.        Is that your

 4   signature on the envelope that you put your ballot in?

 5         A.   Yes.

 6         Q.   And after you finished your ballot and you put

 7   it in this envelope and signed it, what did you do with

 8   it?

 9         A.   She came and took it.

10         Q.   When you're talking about "she," you're talking

11   about Herminia Becerra?

12         A.   Yes.

13                     MR. PENA:    That's all the questions I have,

14   Your Honor.

15                     MR. HOCKEMA:    No questions.

16                     THE COURT:    Okay.

17                     THE WITNESS:     May I leave?

18                     THE COURT:    Yes.

19         Q.   (BY MR. PENA)       Oh, Mr. Castillo, I'm sorry.     My

20   assistants are a little slow.           Let me show you pages

21   501, 502, 503 and 504.         And ask you is this the

22   application filled out by your wife, Felicitas Castillo?

23         A.   She's my mother.

24         Q.   Okay.   So Felicitas Castillo is your mother?

25         A.   Yeah, but I don't know nothing about that.           She
CORINNA N. GARCIA, CSR
                                                               52




 1   lives in front, I live in back, and, well, Herminia goes

 2   with her.

 3       Q.   So is this her signature on page 503, your

 4   mother's signature?

 5       A.   Yes.

 6       Q.   Okay.   And do you know if Herminia Becerra went

 7   and picked up your mother's ballot?

 8       A.   Yes, she does the same thing that I do.

 9                   MR. PENA:    No further questions, Your

10   Honor.

11                   (Witness excused)

12                   THE COURT:    Okay.   Next one.

13                          DALIA YBARRA,

14   was called as a witness and testified as follows:

15                         DIRECT EXAMINATION

16   BY MR. PENA:

17       Q.   Ms. Ybarra?

18       A.   Yes.

19       Q.   Okay.   Ms. Ybarra, let me show you what I've

20   marked as pages 361, 362, 363 and 364 and ask you on

21   page 361 is that your signature on the application for a

22   mail-in ballot?

23       A.   No.

24       Q.   It's not?

25       A.   It's not.
CORINNA N. GARCIA, CSR
                                                                53




 1         Q.   Do you know whose signature that is?

 2         A.   No.

 3         Q.   Okay.   It shows up here that Norma Hernandez

 4   assisted you in filling this application out.

 5         A.   I just seen her but I don't know her in person.

 6   And, no, that's not my signature.

 7         Q.   Let me show you page 363 and ask you is this

 8   your signature on the envelope that the ballot is placed

 9   in?

10         A.   No, it's not.

11         Q.   This is not your signature?

12         A.   No.

13         Q.   And do you know who would have signed your

14   signature?

15         A.   No, I don't know.

16         Q.   Did you know --

17         A.   I just know that I voted but I did not sign any

18   of that envelopes.

19         Q.   You didn't sign any of the envelopes?

20         A.   Huh-uh.

21         Q.   How do you know that you voted?

22         A.   Because I voted but I don't know if it was sent,

23   and now you're showing me this.

24         Q.   And these aren't your signatures?

25         A.   No, these aren't my signatures.   First of all, I
CORINNA N. GARCIA, CSR
                                                                54




 1   don't put my middle name in there.

 2       Q.   You don't put your middle name?

 3       A.   Huh-uh.

 4       Q.   Did you vote at a poll or an early voting or did

 5   you vote --

 6       A.   No, I didn't.      I received the ballot and I just

 7   filled it out but I didn't sign it.

 8       Q.   You didn't sign it?

 9       A.   No.

10       Q.   Did someone come pick it up?

11       A.   Yes.

12       Q.   Who picked it up?

13       A.   I think some guy.      Amadeo.

14       Q.   Amadeo?

15       A.   Yes.

16       Q.   Amadeo Rodriguez?

17       A.   I think so.

18       Q.   And so -- but you didn't sign either the

19   application or the envelope?

20       A.   No, I didn't.

21                   MR. PENA:   That's all the questions I have

22   of this witness, Your Honor.

23                   MR. HOCKEMA:    No questions.

24                   THE REPORTER:   I didn't get her first name.

25                   THE WITNESS:    Dalia Ybarra.
CORINNA N. GARCIA, CSR
                                                                       55




 1                      (Witness excused)

 2                            MARIA J. YBARRA,

 3   was called as a witness and, through the interpreter,

 4   testified as follows:

 5                           DIRECT EXAMINATION

 6    BY MR. PENA:

 7          Q.   Is your name Maria J. Ybarra?

 8          A.   Yes.

 9          Q.   Let me show you pages 365, 366, 367 and 368.

10   And ask you on page 365 is this your signature on the

11   application for a mail-in ballot?

12          A.   The signature, yes, but with regards to the

13   mail, no.

14          Q.   I'm not sure I understand.    Let me just ask you

15   on page 365, do you remember filling this document out

16   and signing it?

17          A.   The page, yes, I remember I signed it.

18          Q.   And it has here Norma Hernandez as assisting

19   you.

20          A.   Yes.    Well, she assisted my husband Martin.

21          Q.   Okay.   And -- and -- okay.     All right.   Let me

22   go on.      On page 365 is this your signature on the -- on

23   367, I apologize.       On page 367 is this your signature on

24   the envelope that the ballot is placed in?

25          A.   Yes.
CORINNA N. GARCIA, CSR
                                                                    56




 1       Q.   Now, after you put your ballot in the envelope

 2   and you signed it, what did you do with the envelope?

 3       A.   It stayed there for a day.       Then the next day

 4   Norma Hernandez and Amadeo went.

 5       Q.   And what did they do with your ballot?

 6       A.   They took it.

 7                   MR. PENA:    That's all the questions I have,

 8   Judge.

 9                   MR. HOCKEMA:    No questions.

10                   THE COURT:    Okay.

11       Q.   (BY MR. PENA)       I'm sorry.   Did they take your

12   husband's ballot as well?

13       A.   Yes.

14       Q.   Thank you.

15                   THE COURT:    Okay.   You're excused.

16                   (Witness excused)

17                        BEATRICE GONZALEZ,

18   was called as a witness and testified as follows:

19                         DIRECT EXAMINATION

20   BY MR. PENA:

21       Q.   Your name is Beatrice Gonzalez?

22       A.   Yes.

23       Q.   And, Ms. Gonzalez, let me show you pages 349,

24   350, 351 and 352.     These are -- on page 349 I'll ask you

25   is this your signature on this application for a mail-in
CORINNA N. GARCIA, CSR
                                                                 57




 1   ballot?

 2       A.    Yes.

 3       Q.    Okay.   And it shows here that Norma Hernandez

 4   assisted you in filling this out.    Did she?

 5       A.    No.

 6       Q.    No?

 7       A.    No.

 8       Q.    Okay.   And how did you -- how did you get here

 9   today?

10       A.    I drove.

11       Q.    You drove.   Do you work outside the home?

12       A.    Yes.

13       Q.    And what do you do?

14       A.    I am a substitute teacher for BISD.

15       Q.    Okay.   In a classroom?

16       A.    Yes.

17       Q.    What classroom is that?

18       A.    Just depending what teacher is absent.   A

19   substitute teacher.

20       Q.    And what grade level?

21       A.    All grade levels, from pre-K to 12th grade.

22       Q.    Oh, wow.   And have you been doing this recently,

23   like yesterday?

24       A.    Yeah, all this year.

25       Q.    All this year?
CORINNA N. GARCIA, CSR
                                                                    58




 1         A.   Yeah.

 2         Q.   Let me show you page 351 and let me ask you is

 3   this your signature on the envelope that the ballot was

 4   placed in?

 5         A.   Yes.

 6         Q.   Okay.   And after you signed this envelope, what

 7   happened with the envelope where the ballot went?

 8         A.   I left it there at the house and they came for

 9   it.

10         Q.   Who came for it?

11         A.   Amadeo and Norma.

12         Q.   Amadeo and Norma Hernandez?

13         A.   Uh-huh.

14         Q.   And you gave it to them?

15         A.   Well, I left it there.

16         Q.   How do you know they picked it up?

17         A.   Because my father was there.

18         Q.   Oh, your dad was there?

19         A.   Uh-huh.

20         Q.   Is that a yes?

21         A.   Yes.

22                     MR. PENA:   Okay.   And -- okay.   That's it.

23   That's all the questions I have.        I pass this witness.

24                     MR. HOCKEMA:   No questions.

25                     (Witness excused)
CORINNA N. GARCIA, CSR
                                                               59




 1                  THE COURT:   Okay, next witness.

 2                         RAMON GONZALEZ,

 3   was called as a witness and testified as follows:

 4                        DIRECT EXAMINATION

 5   BY MR. PENA:

 6       Q.   Is your name Ramon Gonzalez?

 7       A.   Yes, sir.

 8       Q.   And you are the husband to Beatrice that we just

 9   finished visiting with, right?

10       A.   Yes, sir.

11       Q.   And I just have a few questions of you,

12   Mr. Gonzalez.    I'll show you pages 353, 354, 355 and 356

13   and ask you on page 353 is that your signature

14   requesting an application for a mail-in ballot?

15       A.   Yes, sir.

16       Q.   And it shows here that Norma Hernandez assisted

17   you in filling this application out.

18       A.   Yes, sir, she was asking me the questions and

19   she was writing them down as she went along.

20       Q.   Okay.   So you yourself didn't actually fill out

21   the application?

22       A.   Oh, no, sir, that's not my lettering.

23       Q.   This is not your lettering on page 353?

24       A.   No, sir.

25       Q.   And is she the one that marked off disability?
CORINNA N. GARCIA, CSR
                                                                  60




 1       A.    Yes, sir.    I am disabled.

 2       Q.    Okay.   What is it that you're disabled?

 3                 MR. HOCKEMA:     Your Honor, again, we would

 4   object to trying to impeach the voters as to their

 5   disability.

 6                 MR. PENA:     He's already answered, Judge.

 7                 THE WITNESS:     I don't mind answering.

 8                 THE COURT:     All right.   The man is under

 9   oath.    Overruled.

10       A.    I have one foot smaller than the other.    I was

11   bit by a black widow when I was younger and I've been

12   having surgeries ever since.

13       Q.    (BY MR. PENA)    Do you work right now?

14       A.    I just started a job, yes, sir.

15       Q.    What kind of work do you do?

16       A.    It's auto containers.    It's management over the

17   big containers to have at your residence.

18       Q.    You were able to walk into the courtroom?

19       A.    Oh, yes.

20       Q.    Do you have children?

21       A.    Yes, sir.

22       Q.    And do --

23       A.    I have one daughter and one foster child.

24       Q.    And do you play with them and do --

25       A.    Of course.
CORINNA N. GARCIA, CSR
                                                                     61




 1         Q.    Go out to the parks and --

 2         A.    Well, we stay at home.      Really the park, it just

 3   depends if mom worked or not.          You know, that's about

 4   it.

 5         Q.    And after you filled out your -- well, when you

 6   got the ballot did you fill it out yourself?

 7         A.    Yes, sir.

 8         Q.    Okay.   And did you put it in the envelope?

 9         A.    Yes, sir.

10         Q.    And on page 355 is that your signature on the

11   envelope?

12         A.    Yes, sir.

13         Q.    What's called the carrier envelope?

14         A.    Correct.    I think it's a yellow one.

15         Q.    Yes, sir.    And what did you do after you filled

16   out this --

17         A.    Like my wife said, we left it there because we

18   left.      And Amadeo and Norma Hernandez came over.

19         Q.    Thank you.

20                   MR. PENA:     That's all the questions I have.

21                   MR. HOCKEMA:     No questions.

22                   THE COURT:     Okay.   You're excused.

23                   (Witness excused)

24                   MR. PENA:     That's all we have for now.

25                   THE COURT:     We'll go ahead and take a
CORINNA N. GARCIA, CSR
                                                                    62




 1   30-minute lunch recess.      Back in 30 minutes.

 2                  (Recess from 2:16 p.m. to 3:00 p.m.)

 3                  THE COURT:    Court will re-call Case No.

 4   2010-DCL-2508, Pena versus Hernandez.        Counselors are

 5   present ready to proceed?

 6                  MR. PENA:    Yes, Your Honor.

 7                  THE COURT:    Okay.   Do you have any further

 8   witnesses?

 9                  MR. PENA:    Yes, Your Honor, we call Rick

10   Herrera to the witness stand.        Officer Herrera.

11                  THE COURT:    I don't believe you've been

12   sworn.   Raise your right hand and be sworn.

13                  (Witness sworn)

14                  THE COURT:    Have a seat.

15                       RICARDO HERRERA,

16   was called as a witness and testified as follows:

17                        DIRECT EXAMINATION

18   BY MR. PENA:

19       Q.   Would you tell us your name for the record, sir?

20       A.   Yes, my name is Ricardo Herrera.       I go by Rick

21   Herrera.

22       Q.   And, Mr. Herrera, did I ask you to assist in

23   serving people with subpoenas for today's trial?

24       A.   Yes, you did, sir.

25       Q.   And was one of those individuals Norma
CORINNA N. GARCIA, CSR
                                                                 63




 1   Hernandez?

 2       A.     Yes, sir, it was.

 3       Q.     Would you tell the judge what efforts you made

 4   in order to attempt to secure service of her for today's

 5   trial?

 6       A.     I made a period of three attempts at the Ernie

 7   Hernandez business.    I drove by their residence twice

 8   and was unable to locate or see Ms. Hernandez at any

 9   time.    One of those times I spoke to Ernie Hernandez

10   himself and he said he didn't know where she was.    Then

11   the following day out of the three days I went back and

12   I asked him if he had told Ms. Hernandez that I was

13   looking for her and he just simply said yes.

14       Q.    During any of these times that you went to try

15   to serve Ms. Hernandez, was her daughter Erin Garcia

16   present?

17       A.    Yes, she was.

18       Q.    Did you have any conversations with her about

19   the whereabouts of her mother?

20       A.    I just informed them both that I had a subpoena

21   for her mother and Ernie Hernandez's wife.

22       Q.    And when we're talking about Erin Garcia, we're

23   talking about the attorney who is present here in the

24   courtroom today representing her father, Ernie

25   Hernandez?
CORINNA N. GARCIA, CSR
                                                                 64




 1         A.   That is correct.

 2         Q.   Did she offer you any assistance in locating her

 3   mother?

 4         A.   No, sir, she didn't.

 5         Q.   Now, how long have you been a peace officer?

 6         A.   Five years, going on six.

 7         Q.   Have you had other experience in attempting to

 8   serve people with subpoenas?

 9         A.   Yes, sir, I had -- I worked for the constable's

10   office back in 2005.    I did do some service there.   I

11   did a few services for the sheriff's office in 2006 and

12   '7.

13         Q.   In your opinion was Norma Hernandez attempting

14   to avoid service?

15         A.   In my opinion, yes.

16         Q.   And as of today you still have not been able to

17   find her?

18         A.   That is correct.

19         Q.   Now, another location that I had asked you to

20   attempt to serve was a Maria M. Cisneros on 49 Center

21   Street.    Do you remember that?

22         A.   Yes, sir.

23         Q.   And would you tell the Court about your ability

24   to serve anybody at 49 Center Street?

25         A.   That address does not exist.
CORINNA N. GARCIA, CSR
                                                                 65




 1       Q.   Okay.   Did you go to Center Street, or Drive?

 2       A.   Yes, I did.

 3       Q.   And let me show you -- let me show you the

 4   subpoena issued out for Maria M. Cisneros, 49 Center

 5   Drive.   And could you tell the Court more or less where

 6   that location is?

 7       A.   It's north of 281.

 8       Q.   And did you locate Center Drive?

 9       A.   I located Center Drive.

10       Q.   Okay.   There were actually two subpoenas, one to

11   Maria M. Cisneros and another one to Juana G. Cisneros

12   at the same address, correct?

13       A.   That's correct.

14       Q.   Okay.   Now, I asked you to make a diagram of the

15   location of that street and the various addresses.     Is

16   that correct?

17       A.   That's correct, sir.

18       Q.   And is that the diagram that you prepared?

19       A.   Yes, sir.

20       Q.   And is it accurate in terms of the addresses and

21   the locations of those?

22       A.   That is correct.   It's not drawn to scale but I

23   showed where -- what north is.

24       Q.   Okay.   And your attempts, just so that -- let me

25   offer these as exhibits.
CORINNA N. GARCIA, CSR
                                                                  66




 1                  MR. PENA:    I'll offer Exhibits 10 and 11,

 2   Your Honor, which are the subpoenas issued out by the

 3   district clerk.

 4                  MR. HOCKEMA:    No objection, Your Honor.

 5                  THE COURT:     Admitted.

 6                  MR. PENA:    And Exhibit No. 9.

 7                  MR. HOCKEMA:    Diagram, no objection.

 8                  THE COURT:    Admitted.

 9       Q.     (BY MR. PENA)    Now, you've also -- approximately

10   how many subpoenas did you actually serve at my

11   direction?

12       A.   Various amounts.     I didn't keep counts.

13       Q.   Okay.   Did -- were there a number that you could

14   not serve?

15       A.   Yes, sir.

16       Q.   And did you make various attempts to serve the

17   individuals who you could not serve?

18       A.   Yes, I did.

19       Q.   And do you have those subpoenas with you?

20       A.   Yes, I do.

21                  MR. PENA:    We'll offer that as our next

22   exhibit, Exhibit 12.

23                  MR. HOCKEMA:     Excuse me.   Offer all of them

24   in bulk?

25                  MR. PENA:    Yeah, just all in bulk.   You
CORINNA N. GARCIA, CSR
                                                                      67




 1   want to see them?

 2                     MR. HOCKEMA:    No.   But, for the record,

 3   maybe we could just have a number on how many there are,

 4   just for reference.       You know, so many blank unserved

 5   subpoenas as exhibit whatever.

 6                     MR. PENA:    Can you count them?

 7                     MR. HOCKEMA:    So it's clear it's more than

 8   one.

 9                     MR. PENA:    And I'd also like to take the

10   $10 off of them, if you don't mind.

11                     MR. HOCKEMA:    It's fine with me.

12                     MR. PENA:    Never mind.    I can't take the

13   $10 back until I hand them back to the clerk, Judge.

14                     MR. HOCKEMA:    We can count them later if

15   you want and take the money off.          It doesn't matter.

16                     MR. PENA:    No, let's go ahead and get it

17   done.

18          A.   23.

19          Q.   (BY MR. PENA)      Okay.   I'm sorry.   How many?

20          A.   23.

21          Q.   23.   Just keep them in this.

22                     THE COURT:    Those are all unserved?

23                     THE WITNESS:    Yes, sir.

24                     THE COURT:    Okay.

25                     MR. PENA:    And, Your Honor, let the record
CORINNA N. GARCIA, CSR
                                                                     68




 1   reflect that those that have been served have been

 2   returned as served subpoenas in the court -- in either

 3   the court's file or the district clerk's file.        That's

 4   all the questions I have of this witness, Your Honor.

 5          Q.   (BY MR. PENA)     If you had had additional time,

 6   do you think you'd be able to get some of these served?

 7          A.   I would make the attempt, yes.

 8                   MR. PENA:     Okay.   I'll pass the witness.

 9                    MR. HOCKEMA:     I just have a couple of

10   questions.

11                          CROSS-EXAMINATION

12   BY MR. HOCKEMA:

13          Q.   We've never met before, have we?

14          A.   I don't believe so, sir.

15          Q.   You look kind of familiar.    Did you run for

16   sheriff one time?

17          A.   Yes, I did.

18          Q.   Okay.   That's what I thought.   You're like an

19   unsuccessful candidate once yourself, right?

20          A.   That's correct.

21          Q.   You started serving these subpoenas, what, like

22   a week from yesterday, last Tuesday?

23          A.   Last Wednesday.    I believe it was the 26th of

24   May.

25          Q.   Okay.   So you've been at it a week and 20 of
CORINNA N. GARCIA, CSR
                                                                     69




 1   them didn't get served.         Do you have an approximation,

 2   without going through all the Court's file, of how many

 3   you did get served?

 4         A.   I don't have that total.      Nora, his secretary,

 5   would have exact numbers.

 6         Q.   Did you get more served than not?

 7         A.   Like I said, I don't have an approximation.

 8         Q.   Okay.   All right.     Well, whatever the number

 9   shows, everyone you got served you made a return on it

10   and it will be in the clerk to the court's file?

11         A.   That's correct, sir.

12                  MR. HOCKEMA:      Okay.   I don't have any

13   further questions.

14                  MR. PENA:     No further questions, Judge.

15                         REDIRECT EXAMINATION

16   BY MR. PENA:

17         Q.   Oh, did everybody that you served, did they show

18   up today?

19         A.   No, I believe Mr. Ozuna and his son didn't show

20   up.

21         Q.   Margarita Ozuna's husband?

22         A.   That's correct.

23         Q.   Okay.   Thank you.

24                  THE COURT:     Call your next witness.

25                  MR. PENA:     I'd like to offer Petitioner's
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                                                                 70




 1   Exhibit No. 13, Your Honor.        It's an affidavit from PCP,

 2   which is the other process server in this case in their

 3   attempts to serve Herminia Becerra.

 4                 MR. HOCKEMA:    Objection, this is hearsay,

 5   Your Honor.

 6                 MR. PENA:    It's an affidavit of attempt to

 7   serve the other individual who we've been attempting to

 8   serve.

 9                 MR. HOCKEMA:    That doesn't make any

10   difference.   It's an out-of-court statement offered to

11   prove the facts as stated in there.       It's blatant

12   hearsay.   No opportunity to cross-examine the witness

13   whatsoever.

14                 THE COURT:    At any rate, I've heard what

15   your offer would be, but I'll sustain the objection.

16                 MR. PENA:    Okay.    Judge, then I'll offer it

17   as a bill of exception.

18                 THE COURT:    Very well.

19                 MR. PENA:    Okay.    Judge, the last thing we

20   have, Judge, is we have subpoenaed 63 individuals of

21   which only 38 have appeared today.       And we'd ask the

22   Court for either the bailiff to call the others out by

23   name and then ask the Court for a recess so that we can

24   go find these people and bring them in to testify.

25   They've been duly served and they're ignoring the court
CORINNA N. GARCIA, CSR
                                                                   71




 1   subpoena.

 2                THE COURT:     Who are they by name?    And if

 3   the bailiff will please write them down.

 4                MR. PENA:     You want me to call them out by

 5   name first, Judge?

 6                THE COURT:     Yes.

 7                MR. PENA:     Well, what I'll do is I've got

 8   them -- the ones that are not highlighted are the ones

 9   that did not appear.     Jose Alberto Cisneros, Maria G.

10   Cisneros, Micaela de la Fuente, Lazara Garcia, Arturo

11   Garza, Arturo Garza, Jr., Simon Garza, Agustin Hernandez

12   and Alberto Hernandez, Noemi Hernandez, Ramiro

13   Jaramillo, Elida Medina, Juan Barrera Medina, Maria

14   Medina, Reynaldo Medina, Alfonso Oyervidez, Hortencia

15   Oyervidez, Juan Ozuna, Leonardo Ozuna, Eva Perez,

16   Florencia Sanchez, Horacio Sanchez, Virginia Sanchez

17   and, of course, those are the ones that have actually

18   been subpoenaed.

19                THE COURT:     Is there anyone in the

20   courtroom whose name was just called by Mr. Pena?

21                MR. PENA:     Those returns should be in the

22   file as well, Judge.

23                THE COURT:     No response.   And out of an

24   abundance of caution, just check to see if they're

25   outside by calling those names.     Call them out in the
CORINNA N. GARCIA, CSR
                                                                  72




 1   hall to see if they're out there.

 2                  THE BAILIFF:    No response, Judge, with

 3   anybody.

 4                  THE COURT:    Okay.

 5                  MR. PENA:    We'd ask the Court to issue an

 6   order to attach these individuals to bring them to the

 7   courthouse so they can testify as ordered, Your Honor.

 8                  THE COURT:    I'm going to take that into

 9   consideration.    However, I've not decided whether this

10   matter ought to be reset or recessed.      And to grant you

11   that request would be tantamount to granting you a

12   recess.    So I'm simply taking that motion under

13   advisement and certainly does not mean that they cannot

14   be made to answer to their nonappearance, but that's

15   another issue.    So let's continue.

16                  MR. PENA:    That's it, Judge.   We either are

17   requesting the Court to issue attachments to these

18   people to bring them to the courthouse or to give us a

19   recess for a day or two to go physically get them and

20   have the bailiff with us so that they understand that

21   they don't have a choice but to be here unless there is

22   a good, valid excuse.

23                  And the Court saw the number of people who

24   were elderly and who nevertheless felt obliged to come

25   and testify.    And I think the Court understands that
CORINNA N. GARCIA, CSR
                                                                73




 1   getting as many as we did was quite an effort to get 63

 2   actually subpoenaed, considering that four of these

 3   witnesses, including Ms. Garcia's mother, are in hiding

 4   and will continue to be in hiding until such time as

 5   this Court or someone orders them to appear to testify,

 6   because I think we've already heard plenty of evidence

 7   about what occurred in this election in the mail.

 8                  And I think it's very -- I mean, regardless

 9   of the position of Mr. Hockema, the evidence is abundant

10   that on numerous occasions not only was there fraud but

11   there was criminal activity going on in this election,

12   Judge, and we ask the Court to take a look at that

13   because we believe that -- we believe that there is

14   really a need for the sanctity of the election process,

15   as you said when we began this, Judge.

16                 And in order to do that, we need to make

17   sure that people that you saw and heard here today are

18   not taken advantage of, and that's what has been

19   happening.    And that's what this case is really about.

20   It's not really about Ruben Pena.   It's about us trying

21   to make sure that the integrity of our electoral process

22   continues and that it be safeguarded and that it not be

23   perverted in this manner that has obviously been

24   undertaken.

25                 And the funny part about it is that the
CORINNA N. GARCIA, CSR
                                                                74




 1   very people -- Mr. Hernandez is not even here.     I guess

 2   I should have thought about subpoenaing him.     But he is

 3   the one that -- the party isn't even here.    He doesn't

 4   even think it's important enough for him to be here

 5   because he believes he already has this in the bag,

 6   Judge.   That's what he thinks.   I know that's not true.

 7   I know that you're going to take a look at this.

 8                But I think that we need the short amount

 9   of time, whatever you think is appropriate, Judge, to be

10   able to go and find some more of these people because

11   they have been subpoenaed.    We have done everything in

12   our power.   We not only have Rick Hernandez but we had

13   private process servers, three or four other process

14   servers out there beating the bushes attempting to get

15   service on these people.

16                And I took the oath, Your Honor, to testify

17   and that is my testimony, that we have been diligent.

18   Since the day that you were here we asked the district

19   clerk to begin issuing subpoenas.    It took them at least

20   a day to get the large number of subpoenas that we were

21   asking for to be processed.    Until the following day

22   that's when we got them out.   We've been beating the

23   bushes ever since then and we've been very diligent in

24   our attempts to do so.

25                And, quite frankly, Judge, for these four
CORINNA N. GARCIA, CSR
                                                               75




 1   people to be hiding, when they were crowing after this

 2   election that Ruben Pena was just a sore loser, that he

 3   didn't know how to take it, that's fine and dandy.      I'm

 4   a big boy and I can take that.   But if they didn't do

 5   anything wrong, why are they hiding?   Why are they

 6   avoiding to being here in this witness stand and being

 7   placed under oath?    And I think the Court knows why,

 8   because you've heard the testimony about the illegal

 9   activity that's already been undertaken by these four

10   individuals.

11                  And that is what this case is really about.

12   It's not about me.   It's not about what has occurred

13   here.   The Court has enough evidence if it wishes to

14   rule that this election is void because the other

15   witnesses who are going to be here, Judge -- you can

16   take the same percentage that you heard about people who

17   are saying that they actually mailed their ballot as

18   opposed to those people who actually picked -- whose

19   ballots were picked up by Norma Hernandez or Herminia or

20   Amadeo or Margarita Ozuna.   That would be the breakout

21   in the rest of it and it would be more than the 50 votes

22   needed to set aside this election and order either me to

23   be elected or to have a voided election and to have a

24   new election held, Judge.    That's all we're trying to

25   do.   We're trying to make sure that the integrity of
CORINNA N. GARCIA, CSR
                                                                76




 1   this system has, in fact, been preserved.    And from the

 2   testimony I believe, Your Honor, that we've produced

 3   here today, that has not occurred.

 4                  THE COURT:   Mr. Hockema.

 5                  MR. HOCKEMA:   Well, I don't know, Judge.   I

 6   thought we first started out about a possible writ of

 7   attachment for a bunch of disabled people that couldn't

 8   get here, but then it kind of got into the end of the

 9   case.   It sounded like arguing the whole case.   So I'm

10   really not sure what to respond to.    But if and when

11   Mr. Pena rests his case, you know, I'll be happy to

12   close and sum up.

13                  And if he's now rested and says he has no

14   more evidence subject to the Court granting him a recess

15   to go out and find some more witnesses -- he's already

16   had eight days and brought a whole bunch of witnesses

17   and they got served 63 subpoenas or something.    But, you

18   know, to go about getting a writ of attachment for

19   somebody, especially a disabled person, they didn't do

20   it the right way.   You've got to do it -- first thing,

21   if they don't answer at 9:00 a.m. or 10:00 a.m. or

22   whenever the subpoena is for, then go to the Court and

23   say, "They haven't answered this subpoena," put on the

24   guy that served them, say, "I served them.    I duly

25   served them.    Here is the return," ask for the writ of
CORINNA N. GARCIA, CSR
                                                              77




 1   attachment and then the Court has to direct a constable

 2   or a peace officer through the writ of attachment to go

 3   out and attach that person and bring them at either a

 4   specified time or instanter to do it, and none of that

 5   has been done.

 6                But, in any event, if they're closing their

 7   evidence, we'll be happy to address the law and how we

 8   believe they have not met their burden.

 9                THE COURT:    With respect to the writ of

10   attachment, I believe I stated that granting the motion

11   for the writ of attachment would be tantamount to

12   recessing or resetting this case.   And I further stated

13   that I did not know whether I was inclined to do that

14   just yet.   So I believe Mr. Hockema is correct in the

15   sense that subject to those witnesses that you've

16   requested a writ of attachment for, Mr. Pena, do you

17   have any other evidence other than those that would have

18   been testifying?

19                MR. PENA:    We have no other evidence,

20   Judge, but we're certainly not resting because I am not

21   going to rest until we're able to call at least another

22   15 or 20 of these folks, Judge.    That would be the

23   minimum number that I would ask the Court to provide me

24   the leeway to be able to bring whenever the Court wishes

25   to reset.   And what we'll do is we'll actually -- and
CORINNA N. GARCIA, CSR
                                                               78




 1   not in a offensive manner, we will have people go out,

 2   my wife, my sister-in-law, people who are respected

 3   individuals in this community, and go talk to these

 4   folks and explain to them the necessity of them being

 5   here, and, if need be, they'll bring them to this

 6   courthouse like we did this morning with a number of

 7   people.

 8                THE COURT:   The -- I have oft seen the

 9   quote in some lawyers' offices that it is -- "I do not

10   rest, I do not close, I simply go no further."     And I've

11   seen that many, many times.   And if that's your

12   position, I would understand that.   The position that

13   the Court is in is some people may have simply

14   disregarded the subpoenas, other people, as Mr. Hockema

15   says, may have not come due to their disabilities, if

16   any.

17                But, certainly, it does seem to me, as you

18   have predicted, Mr. Pena, that there are some of the

19   witnesses that by all appearances are evading service of

20   process.   This cannot go on indefinitely, however, and

21   so I have to balance those two.   The writ of attachment,

22   however, is an issue that the Court would need to deal

23   with.   In the event that someone willfully disobeyed the

24   subpoena, that becomes a matter for the judiciary to

25   take very, very seriously because we simple simply
CORINNA N. GARCIA, CSR
                                                                  79




 1   cannot proceed if people thwart justice in that manner.

 2   So in dealing with that, I don't know that if I order a

 3   writ of attachment that in effect that would have the

 4   effect of giving you a recess.     And, simply stated, my

 5   position is that this case needs to come to a

 6   conclusion.   So I'm going to deny your writ of

 7   attachment and I will proceed to final argument.

 8                 MR. PENA:    So you're denying my request for

 9   a continuance or a recess, Your Honor?

10                 THE COURT:    Yes.

11                 MR. PENA:    Okay.   The Court has heard the

12   evidence.   It's been very apparent and it's been equally

13   apparent to those who have listened to the testimony

14   that what has occurred in this election is that the --

15   and it's been brought out even by Mr. Hockema in his

16   opening statement, that Mr. Hernandez and his camp went

17   out and made sure that they had these mail-in votes.

18   And, you know what, Judge, if they had done it right, if

19   they had done it according to the law, that would not

20   have been a problem.

21                 Had Herminia, Norma Hernandez or Margarita

22   Ozuna signed where they were supposed to sign on those

23   carrier envelopes, those votes would not be void.     Those

24   votes would actually have been valid.     And had that

25   occurred, Judge, we wouldn't be here today.
CORINNA N. GARCIA, CSR
                                                              80




 1                But what has happened is that they have

 2   flaunted the law, they have carried out an illegal

 3   scheme, they have done criminal activity, and, worst of

 4   all, they have abused the voter system and the voters

 5   themselves, the people who were here today.

 6                You saw them, Judge.   And regardless of

 7   Mr. Hockema's position that you are the ultimate arbiter

 8   of the credibility of the witness, how can you possibly

 9   not believe the people that were here today?    How could

10   anyone not believe the veracity of these elderly people,

11   people who made a supreme effort to be here today to

12   tell their story, some of them at great effort to them

13   and many of them not really knowing what they were

14   talking about, not knowing that they had been taken

15   advantage of.

16                And that's what this case is really about,

17   Judge, is to change the method that we do this.   And the

18   only way that you can do that is by doing one of two

19   things.   It's by declaring -- because, quite frankly,

20   since you've not given us the recess or a continuance,

21   we don't have the number of votes required.    I don't

22   have 50 votes that we can show that were illegally cast.

23   We have approximately 38.

24                I'll have to review the record because

25   there were some that were good.   There were a few
CORINNA N. GARCIA, CSR
                                                              81




 1   witnesses who testified they put their ballot in the

 2   mail, and those are perfectly valid.

 3                But the vast majority of the individuals

 4   who were here today, time after time after time said

 5   "Norma Hernandez, Margarita Ozuna, Amadeo Rodriguez,

 6   Herminia Becerra came and picked up my ballot," and that

 7   vote is void under the Texas Election Code.

 8                Likewise, we believe that many of these

 9   people unbeknownst didn't even fill out -- and you heard

10   our last witness, Mr. Gonzalez I believe was his name,

11   he didn't even fill out that application.    It wasn't

12   even his writing.   It was done for him.   And that's

13   nothing wrong, except, you know what, Judge, when

14   someone else fills it out and says that you're disabled

15   and you're not disabled, then that person that's filling

16   that out has committed a crime because that's what that

17   application says.

18                We believe that there has been enough

19   evidence presented here today, Judge, for you to be able

20   to make a determination that this election was void.     We

21   believe that the other witnesses who we have subpoenaed

22   would testify in the same manner as the vast majority of

23   witnesses who are here today.   And under section 221.012

24   of the election code this tribunal can declare the

25   election vote if you cannot ascertain the true outcome
CORINNA N. GARCIA, CSR
                                                               82




 1   of the election.

 2                 And I don't think you can ascertain the

 3   true outcome of the election because we don't have all

 4   the people who voted by mail.    We don't have all the

 5   people who have been taken advantage of.    We don't have

 6   all the people whose vote was actually robbed by Norma

 7   Hernandez, by Herminia Becerra, by Amadeo Rodriguez, by

 8   Margarita Ozuna.    And that's exactly what it was, Judge.

 9   They robbed them of their right to vote.    And that

10   should not be allowed to happen in this country and in

11   this state.

12                 We just finished celebrating Memorial Day,

13   a day when we honor our veteran men and women in uniform

14   who have died and sacrificed so that we could have the

15   ability to have the freedom to vote, and that would

16   tarnish that kind of total dedication and sacrifice that

17   they have given.

18                 We'd ask the Court to review the law that

19   we've given it.    We believe that we have prevailed on

20   the issues that we were supposed to.    We believe, quite

21   frankly, that the evidence was not just by -- was not

22   just as required by the statute, which is clear and

23   convincing evidence, Judge, which is not as high a

24   standard as beyond a reasonable doubt, although a little

25   higher than by a preponderance of the evidence.   These
CORINNA N. GARCIA, CSR
                                                               83




 1   people would not lie.

 2                 When Herminia Becerra brought in 110

 3   mail-in votes, 110, when Norma Hernandez brought in 43,

 4   when Margarita Ozuna brought in I believe it was 38

 5   mail-in ballots -- and these people have said, "Pena,

 6   you just didn't work it.     We brought these votes for

 7   Ernie Hernandez."   We can make the assumption, the Court

 8   can make the inference that based on these records, the

 9   ones that we've introduced into evidence, Your Honor,

10   the ones that hold Herminia Becerra's, Norma Hernandez'

11   and Margarita Ozuna's signature on them for the

12   application, that, in fact, those were Ernie Hernandez

13   votes.   Those were all cast and they were all -- the

14   greater majority of those, I would venture to say 90

15   percent, were cast illegally and should not be counted.

16                 The Court should look at that and should

17   make a determination that, in fact, this election is

18   void and should at a minimum order a new election.

19   Thank you, Your Honor.

20                 THE COURT:   Mr. Hockema.

21                 MR. HOCKEMA:    I'll attempt to be brief,

22   Your Honor.   As I stated at the outset, the standard,

23   the very heavy burden that Mr. Pena has, is to show by

24   clear and convincing evidence that the outcome of this

25   election, this certified election, should be overturned.
CORINNA N. GARCIA, CSR
                                                                84




 1   Now, how do you do that by clear and convincing

 2   evidence?   You first have to address the number of votes

 3   and the margin of victory.   In this case it's 49.   So to

 4   possibly affect the outcome, you've got to come up with

 5   at least more than 49 illegal votes one way or the other

 6   that were counted that shouldn't have been or that were

 7   not counted and they should have been.

 8                And the proof in this case, all we're

 9   dealing with is the allegations that certain votes

10   should not have been counted.   The state of this record

11   right now only contains two people who said they voted

12   in the race that this election contest is about.     The

13   burden is on the contestant to show that the votes that

14   he says were illegal were in his race.   That was only

15   done in the testimony of two people who testified they

16   voted specifically in this race, they voted for

17   Mr. Hernandez.

18                It's entirely possible, certainly probable,

19   on a lot of people that voted since there were two

20   elections going on, a run-off for county judge and a

21   run-off for county commissioner, many people will vote

22   in the county judge race and not vote in the

23   commissioners race.   There has been no showing of who

24   some of these people who allegedly gave their carrier

25   envelope to someone else rather than mailing it
CORINNA N. GARCIA, CSR
                                                                  85




 1   themselves -- I think there is maybe, I don't know, 18

 2   by our count, that they even voted in the county

 3   commissioners race.   They only sent in a ballot.     What

 4   was on the ballot, there is no evidence in the record of

 5   it whatsoever.

 6                Now, with no evidence, it certainly isn't

 7   clear and convincing evidence.    The numbers are simply

 8   not there, the proof is simply not there to allow this

 9   Court to overturn this election.   They have not met

10   their burden of proof.

11                THE COURT:    I've listened to all the

12   evidence and have now listened to the arguments and now

13   what I'm going to order is that the transcripts be

14   produced and transcribed.    And even though the Court is

15   ordering it, I'm going to order that the cost of those

16   transcripts be divided between Plaintiff and Defendant

17   because I need them right away.

18                And I know that the court reporters have a

19   lot of work to do and in looking at Judge Nelson's notes

20   here, I believe that next week is the court reporter

21   schooling that they pretty much all need to attend to,

22   as well as mine, and that's why I know it's going to be

23   putting a lot of hardship on these court reporters to

24   get them out.    But I need to review them no later than

25   Friday, if you all can have them to me by then.
CORINNA N. GARCIA, CSR
                                                                86




 1                MR. HOCKEMA:    If we can get it

 2   electronically, it's a lot quicker.     If we can get it

 3   from this court reporter and the other nice lady that

 4   was with us this morning, Your Honor, if we can get them

 5   electronically, then we will also very quickly after we

 6   get them would advise the Court decision -- file

 7   proposed findings of fact and conclusions of law based

 8   on that transcript.

 9                THE COURT:     I'd like for you-all to get the

10   logistics with the court reporters as soon as we're in

11   recess.   But you do recognize the urgency, obviously,

12   the parties do and I think the court reporters do as

13   well.   I know they do.   So anything else, Mr. Pena?

14                MR. HOCKEMA:    Can we appoint Joel as the

15   liaison to help us get the transcript with his customary

16   efficiency, Your Honor, dealing with two different court

17   reporters?

18                THE COURT:    Certainly, he and -- who are

19   you working with here?    Priscilla and Joel both.   There

20   you go.   Can't get better than that.

21                MR. HOCKEMA:    No, not much better.

22                THE COURT:    Okay.   Then we're in recess.

23                (The hearing was concluded at 3:40 p.m.)

24

25
CORINNA N. GARCIA, CSR
                                                              87




 1   THE STATE OF TEXAS:

 2   COUNTY OF CAMERON:

 3                CERTIFICATE OF COURT REPORTER

 4      I, CORINNA N. GARCIA, Official Court Reporter in and

 5   for the 444th District Court of Cameron County, Texas,

 6   do hereby certify that the above and foregoing contains

 7   a true and correct transcription of all portions of

 8   evidence and other proceedings requested in writing by

 9   counsel for the parties to be included in this volume of

10   Reporter's Record, in the above styled and numbered

11   cause, all of which occurred in open court or in

12   chambers and were reported by me.

13      I further certify that this transcription of the

14   record of the proceedings truly and correctly reflects

15   the exhibits, if any, offered by the respective parties.

16      WITNESS MY OFFICIAL HAND on this the ____day of

17   _____________, 2010.

18

19                             _____________________________
                               CORINNA N. GARCIA, CSR
20                             Official Court Reporter
                               974 East Harrison Street
21                             Brownsville, Texas 78520
                               Certificate No. 5210
22                             Expiration Date 12/31/11

23

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CORINNA N. GARCIA, CSR

				
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