Right to Counsel and Statements

Ok, we talked about that court of criminal procedure 1.051C; if an indigent defendant is entitled to and requests appointed counsel and if adversarial judicial proceedings have been initiated, the appointing authority shall appoint counsel as soon as possible! But not later than 1-3 working days. It depends on the county sizes, based on the population.

After the appointing authority receives the defendants request for counsel, now, when, when I was chief appellate defender here in Bexar county for 6 years, something I found out just in talking to my clients and, and, and trying to figure out how our magistration system worked here in Bexar County. I find out that some clients said they did not want a court appointed attorney because admit they could proceed on and get bond more quickly. And then at the 1st appearance at the arrangements is when they actually asked for an attorney.

So you may have some issues with your statements during that little gap period. Is everybody following me? Is that making sense? Ok! Ok.
Now we’re going to move on to some other topics. Mental competency! We handled the case again at the public defender’s office where this, this poor man Shane Green, and I urge you to read that case, was just crazy as, just bad shit crazy! Ok? To use a text, ok nobody thought that was funny but use a text book, word, he was bad shit crazy. He talked about his father was a spaceman and that rubber bullets would bounce off of him and just all kinds of stuff and, and I’d met with him and I fought so hard for this man and so did my colleague Hillsry Sheard! And this man was not competent to do anything! Nothing! And his court appointed attorney just, plead him! Just, got the file opened it up, read it and plead him. And there was so much more in there. So on appeal we ended up having this long saga, of him being shrunk! And then, those records being sent to the prosecution, who sent them to the court of appeals! Ok? Ex parte! I couldn’t make this up ya’ll. That really happened! That really happened.

I raised holly hell! Let me tell you. Did anything happen to the prosecutor? No! So, keep an eye on your clients, make sure they’re competent, see who’s visiting them in jail, see who is shrinking them. Follow all that to the tea. Because it will, it will come back to you.
Avla Espaniol, ok. Don’t allow yourself you’re legal assistant or the bail have to be a translator. You don’t know how many times I have been in of all counties and I have seen judges, have their bail of translate. Have you know, Maria from the district clerk’s office come translate. Someone from human resources translate. Because they’re too cheap to pay for translator. That’s B.S. you asked for one, you demand one, you file a motion and you demand one again. And just keep putting on the record. There is no bright line test for needing a translator. The court of criminal appeals has not issued a bright line test. It’s purely within the discretion of the trial court.

Now, the department of justice did initiate a directive that, that urges law enforcement communities and prosecution communities to provide a translator. A case that I, that I’ve discussed in your paper, or in my paper, our paper, has to do with Azel Abdygapparova. I could talk an entire hour just about that one case. She was a refugee from Kazakhstan and was attending UTSA. English was not her first language. She spoke Kazakh. Ok? And some Russian. She was there as the math major. Now I don’t do math obviously because I’m a lawyer. But some of you may have some math skills, and my understanding is that when you’re a mathematician that is, that is in itself, its own language. ok? Math is its own language. So the fact that English may not be your first language, won’t affect your ability to learn to math. Does that make sense? Ok. According to math people, I have no idea.

So, the trial court in Bear County made huge, problems with this case and refused to give this woman a translator! Refused to give her one! She made comments on the record, let me get to that. She made comments on the record that were just stunningly outrageous! That, well isn’t it interesting, let’s see *tada tada* here, here’s some comments that the trial court made; this defendant is quite intelligent, I suppose it’s no big deal to her to spend another year in jail. But as far as Miss Rosado’s family is concerned, that’s the victim! They’ve been waiting a long time for justice. Isn’t it ironic counsel, that the taxpayers of this county have to pay for an outfit for this defendant, yet you received a retainer? And quote,” I think actions speak louder than words.” Ok.

So what this trial court did, was very young trial attorney who kind of got thrown into this. You know sometimes ignorance is bliss and you don’t know any better. This young attorney stood up again and again and pointed out the comments that this judge was making, pointing out that her attorney that the attorney could not communicate very well with her client. The trial court said that the client could have an English dictionary! Ok!

Now, what we found out on appeal just going through the file, just going through what’s in the record and this is what’s really fun I know Cynthia does this, incredibly well on all her cases. Just because you’re not in the trial court anymore doesn’t mean there is not little nuggets of, of wonderful treasure, there for you to find. Well we found in, in the record, payments to a translator. She was on the clock at a hotel, on the county’s time during this time when the trial court refused to give a translator, to this young lady. Ok? So the argument, which I don’t think the state has a dog in that hunt and I think they should shut up and you should object if they start blabbing about,” she didn’t get a translator!” they don’t have a dog in that hunt. Ok? You should object to that! But if they do speak up, note; is there a translator available? Are they on the county’s time? Are they already there ready to go? But the trial court just won’t give her one!

So the court of criminal appeals did not reverse this case based on the translator issue. They reversed it on, the trial court not being neutral and detached. A biased trial judge. Ok? But the translator issues were very very clear. So don’t let yourself be put in that, put in that, situation. Don’t translate for people, don’t let family members translate. If, there’s a federal case, I’m sorry can’t remember the name of it right this moment but , it was in different district in, I think it was in southern district. And they were prosecuting, man from an African country. And he spoke an unusual language. And so he was held, Gosh! I don’t want to say 3 or 4 years, without a translator! And the government’s argument was; well we can’t find one! We’re having so much difficulty finding a translator. Well, the clerk of the appellate judge called; ok this is Houston ya’ll ok? Not Berney. This was Houston. They could find a translator for, any language that’s around. Ok? So the appellate court put in the opinion that his briefing attorney found a translator within 15 minutes of picking up the phone.

Ok? So that didn’t fly either! That didn’t fly either! Oh! We don’t have anybody who speaks that language. Ok you’re in Houston! Ya you do and plus there’s telephonic system’ where you can call and it’s located in Houston. Right since you knew that. And then, and then they can translate telephonically, if you can’t get the person to, San Angelo or Burney or wherever you handling your case. Enojado means mad, for those who don’t know. Ok.