Judge Sam Medrano Jr. weighing whether Walmart mass shooting gag order was violated

Adam Powell
El Paso Times
December 2, 2022

Judge Sam Medrano Jr. wrapped up two days of hearings but did not immediately rule on whether the El Paso District Attorney's Office violated a gag order in the Walmart mass shooting case.

DA Yvonne Rosales appeared in court Thursday afternoon but repeatedly refused to answer questions, invoking her Fifth Amendment right to remain silent.

Medrano of the 409th District Court had warned Rosales to show up to the hearing or face possible arrest. She was sworn in as a witness but later dismissed without facing any immediate sanctions.

His only finding during Thursday's hearing was that the testimony of Barry Dickey, who appeared for the state as an expert in forensic audio and video analysis, was unpersuasive in proving the state's assertion that recordings provided by the Hoffmann family of Rosales' surrogate Roger Rodriguez had been altered.

On the opening day of the hearings, Medrano announced a finding that "at no point since July 1 was any member of the Hoffmann family" in violation of the gag order.

It had been alleged that the Hoffmann family sent emails to El Paso journalists in August regarding the case, in clear violation of Medrano's order, but evidence presented Wednesday and in attorney Justin Underwood's ad litem report convinced the judge otherwise.

At the conclusion of Thursday's hearing, Medrano stated that he would review all of the evidence, witness testimonies, and other information provided in the hearings and make a decision on who violated the gag order and how many violations there were. Once that review is completed, the judge said affected parties will be called for another court date.

'On the advice of counsel...'

Rosales entered the courtroom Thursday with her attorneys Richard Roman and Matthew Dekoatz and only spoke when invoking the Fifth Amendment right to silence under the U.S. Constitution.

As the hearing opened, Dekoatz immediately began objecting to Rosales being questioned and the presence of the press during the proceedings, saying that the press stood only to "exacerbate the situation" and that the questioning of Rosales represented an attempt to "harass," "intimidate" and "humiliate" his client.

Despite Dekoatz's logged objection to every question posed to Rosales, Medrano required her to invoke her Fifth Amendment right in response to the questions rather than simply allowing her attorney to do it for her. She was asked by defense attorney Joe Spencer about her alleged role in falsifying emails, revoking the visa of Hoffman's widow, Rosa Maria Valdez Garcia, and conspiring with Rodriguez to intimidate the Hoffmann family.

After a brief session on the witness stand, Medrano excused Rosales from the courtroom.

Into the record

With Rosales' pleading the Fifth, just as former Assistant District Attorney Curtis Cox had done during Wednesday's hearings, defense attorneys read into the record all of the questions they would have asked the duo had they stayed to answer questions.

Many of the questions directed at Cox revolved around his involvement with Rodriguez, who has been accused of threatening the Hoffmann family and collaborating with the District Attorney's Office to use them to put a halt to hearings and have Medrano recused from the case.

The same course of questioning largely played out when attorneys read questions for Rosales into the record.

"I hope it's not lost on you the trauma the victims suffered and their families," Spencer said to an absent Rosales, "but by telling the victims evidence is going to be lost, that there are other perpetrators involved, do you not think that further traumatizes them?"

Closing statements

Charles Vance, who has been with the District Attorney's Office for only three months, was again on hand to represent the state. As he began to offer his closing statements, Medrano asked him: "Do you believe the Hoffmann family?"

"I believe there's inconsistencies…I think maybe they could possibly…(be) following what they're supposed to do," Vance said. "(But) I don't see a compelling reason for them to lie. I think the actions that Roger Rodriguez has done are very disturbing. I can't imagine why anyone would make those kinds of statements…about so many different subjects."

Medrano applauded Vance for stepping "into the line of fire" by representing the state's case and then posed the same question to Spencer.

"Absolutely," he replied, later adding that the District Attorney's Office had engaged in "misconduct," "deceit" and "trickery" and showed disregard for victims' families as he detailed the Wednesday testimony provided by Thomas Hoffmann, Valdez's son whose recordings of interactions with Rodriguez were called "damning."

Defense Attorney Mark Stevens lamented that Rosales and Cox refused to testify.

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Gov. Greg Abbott accepts resignation of El Paso District Attorney Yvonne Rosales

El Paso Times 
December 02, 2022 at 05:19PM
 

Texas Gov. Greg Abbott has accepted the resignation of El Paso District Attorney Yvonne Rosales, capping off a tumultuous two-year tenure.

In a letter addressed to Rosales, Abbott wrote simply "I hereby accept your resignation as the District Attorney for the 34th Judicial District, Culberson, Hudspeth, and El Paso Counties."

The letter was submitted to 409th District Court Judge Sam Medrano Jr. by Rosales' attorney, Richard Roman, for consideration in the Walmart mass shooting case. Roman was reached by phone but said he could not talk.

The letter follows the Thursday hearing in which Rosales invoked her right to silence under the Fifth Amendment and was excused from court after only a few questions related to the Walmart shooting gag order.

Included with a letter was a copy of Rosales' resignation letter, which states that her resignation will become effective at 5 p.m. on Dec. 14, 2022. The letter states that "(e)ffective immediately, the First Assistant, Mr. Salah George Al-Hanna shall assume all duties and responsibilities as acting District Attorney."

Rosales first took office in January 2021, so it will fall to the governor to appoint a replacement to serve out the remainder of her term, which expires in 2024.

Steps to replace district attorney after resignation

Earlier this week, El Paso County Attorney Jo Anne Bernal issued a statement outlining the next steps in replacing Rosales.

She said in order to resign, under Texas law a district attorney:

1. Must resign in writing and tender her resignation to the governor.
2. The resignation becomes effective upon the governor’s acceptance of it or the expiration of eight days, whichever is first.
3. Even after the resignation becomes effective, Rosales will remain in office as a “holdover” office holder. In holdover status she remains free to exercise all her duties and powers until the governor appoints her successor.
4. The governor, in his sole discretion, chooses her successor, who must be a licensed attorney.
5. The candidate must meet the following qualifications:
   1. Be at least 18 years old.
   2. Be a registered voter.
   3. Have resided in Texas for more than one year and at least six months inside the district.
   4. Be a practicing lawyer.
   5. Not be convicted of a felony.
   6. Not determined to be incompetent by a probate court

El Paso County Attorney Jo Anne Bernal said, "The DA’s announced resignation does not mean the automatic dismissal of any criminal cases. She remains responsible for ensuring the continued prosecution of existing cases. The community and victims, in particular, should understand that the law provides for a transition to ensure the protection of the criminal cases pending in this district."