BROWNSVILLE — Despite objections from attorneys representing indicted Cameron County Tax Assessor-Collector Tony Yzaguirre Jr., visiting Senior State District Judge Manuel Banales ruled yesterday that Yzaguirre’s trial will proceed as planned on the week of Jan. 23.
Yzaguirre appeared in court yesterday for a pretrial hearing on his case.
After working out some minor legal issues, Yzaguirre’s defense team tried to get the case dismissed by citing a case heard before the U.S. Supreme Court: McDonnell v. United States.
The Supreme Court determined that when former Virginia governor Robert F. McDonnell was indicted and convicted for bribery, the definition of an “official act” was too broad.
“There was a lot of confusion as to what constitutes an official act and a lot of cases being filed. After McDonnell, (the Supreme Court) formed a definition,” defense attorney Eddie Lucio said.
Federal statute defines bribery as “(receiving) or accepting anything of value” in exchange for being “influenced in the performance of any official act.”
An “official act” is a decision or action on a “question, matter, cause, suit, proceeding or controversy.” Setting up a meeting, talking to another official or organizing an event does not fit that definition, according to the Supreme Court.
“Is the Texas statute identical word for word with federal statute?” Banales said. “… You can be found not guilty under federal statue but guilty over state statute.”
A motion to quash indictment for the state’s “failure to provide sufficient notice” and for “multiplicitous counts in violation of (Fifth) Amendment” also was denied.
The court also determined that Yzaguirre’s property would be returned to him even if he is found guilty.
Yzaguirre is charged with 11 counts of abuse of official capacity, 10 counts of bribery, one count of engaging in organized criminal activity and one count of official oppression.
Yzaguirre continues to be on paid administrative leave and cannot resume work at the Tax-Assessor-Collector’s Office until the case is settled. He is earning approximately $86,230 according to a salary survey by the Texas Association of Counties.
Lucio raised questions about how subpoenas would be handled because the trial will be held in Nueces County.
“It is clear that this is an extraordinary case because it may involve every tax employee in the office,” Banales said.
It is normally his policy to require all witnesses to be present for jury selection, just in case a potential juror recognizes one of the witnesses, Banales said.
“For this case, I will not require any tax employees to be present for voir dire,” Banales said. “If a person has connections to Corpus Christi or Nueces County, we can require them to appear.”
Assistant District Attorney Peter Gilman estimates the state will take four days to finish building its case. Lucio said the defense also would take four days.
The trial will be held in the fifth floor courtroom in the Nueces County Courthouse.
Another pretrial hearing will be held Jan. 19 to go through the evidence filed.
