Judicial, Legal and Prosecutorial Misconduct And Ethics And Civil Rights Violations Experienced By Bruce Cornet In Texas courts

There were numerous Constitutional rights (4th, 5th, 6th, and 14th Amendment rights) violations in my husband's case in El Paso, TX. First of all the DA Jaime Esparza did not have enough "evidence" to make an arrest, so sent the cop Jaime Terrazas back for more information. When we told him we were getting a lawyer, the cop Terrazas went back to the DA, and the next thing we knew arrest warrants were out on both of us, with false charges to boot! False arrests followed.

The DA's office staff later used extortion against me, telling me that they would not dismiss my case unless I testified against my husband, plus they made me sign a paper that they refused to tell me what it was for. I was angry about the extortion threats (including threats of holding me in contempt of court) but they finally dismissed my case anyway.

Within several months that corrupt cop Jaime Terrazas was demoted, investigated by the Sheriff's Department's Internal Affairs, and the FBI for doing illegal activities on the job. The DA Esparza was told by the authorities to "drop every case he touched" due to the history of coercion (like the cop did with us, violating Miranda, making threats of arrest (duress/coercion), violating spousal privilege, unreasonable searches and seizures, ignoring/suppressing exculpatory evidence (falsified in videotaped interview, plus I had informed him of my daughter’s cognitive problems), not having another officer present during interrogation, and altering my husband's illegally taken statement), and the Brady Material, but instead the DA Esparza gave another ADA Penny Hamilton these cases "to see what she could do with them." This was told to me directly by ADA Hamilton's personal paralegal.

No investigation was ordered or done by the DA Jaime Esparza to ensure that the corrupt cop Terrazas had not tainted these cases. This was outright negligence and abuse by the DA Esparza. The Sheriff’s Department also called my husband’s work and got him fired from his job, which put undue financial hardship on the family.

The ADA Penny Hamilton violated my daughter's and my family's Victims Rights by telling us we had the right to be in court when the actual perpetrator (who molested my daughter) was supposed to take a guilty plea, so we could give a victim's statement, but then did not inform us of the hearing date. No apology was given by ADA Hamilton, and when my daughter confronted her directly about our victims rights violation the ADA Hamilton tried to justify it saying that she did not know if the perpetrator was even going to show up for the plea bargain hearing, so she did not inform us. Purposeful violation of victims rights is against the law, and was negligent at the very least.

Due to the problem stated above and the great stress (depression and anxiety – both diagnosed and medicated under a doctor’s care) that we were under, plus my ignorance of how the system worked, I asked a lawyer friend to find out when the ADA Hamilton was in court so I could listen in for a bit to see how things worked in court (courts are open to the public). Upon hearing this, the ADA Penny Hamilton made threats against me through that lawyer, and my husband’s lawyer, that she was going to ensure that I was arrested on the stand in court and taken to jail for so-called “stalking.” I felt that our rights had been violated to the point that I absolutely believed her threats, and I had a nervous breakdown (fearing I would never get my family back, and be arrested/imprisoned again for more false charges). I quit my job and school overnight and have not financially recovered since. This kind of unethical behavior by a prosecutor in what is an open court is unfounded and criminal.

The ADA Hamilton ignored/suppressed exculpatory evidence in court, such as a drawing that my daughter had previously made, and told the ADA Hamilton (privately, which was recorded) was "made up," and that she had made mistakes and told stories, and that my husband (her step-dad) was innocent. Yet the ADA Hamilton used that same drawing against my husband in court, without telling the jury or anyone else this information.

The ADA Hamilton also tried to tamper with the witness (my daughter, the victim of molestation by the neighbor) by trying to convince my daughter that her dad was not allowed to medically check her (when we thought that she was being molested by someone, and she was lying to cover up the truth). The ADA forced her biased opinions onto the witness, making the witness feel helpless.

The ADA Hamilton also suppressed the Brady Material on the corrupt cop Terrazas and did not inform the jury so that the cop could be a successful witness against my husband on the stand.

The ADA Hamilton also unethically manipulated (twisted) the facts in court to make things appear different than reality/truth, fabricating motive, and making the defense’s witnesses out to be liars.

The ADA Hamilton yelled at the witnesses in court. This included me, and occurred the moment I sat down on the witness stand, implying to the jury that I was a hostile witness and deserved to be screamed at.

The ADA also asked a compound question with three separate parts all rolled into one, attempting to confuse me and trick me into answering with a “yes” or “no” when the different parts had different answers, which would have effectively made me inadvertently lie (perjury) on the stand (it didn’t work).

The corrupt cop Terrazas said on the stand that my husband and I complied (with threats against us we obviously had no choice) and that, "I think he lied," which supported that my husband stuck to his story and that there was no evidence.

Both the ADA Penny Hamilton and the corrupt cop Terrazas fabricated motive to support the false charges, both to the court and jury and to the DA.

Additionally, the cop Terrazas and the ADA Hamilton did not inform the jury of the many errors in the CPS (Child Protective Services) taped interview due to my daughter’s cognitive problems, or how she blamed others (my husband being one of them) for what the actual perpetrator did. The jury was not informed that these things occurred due to Stockholm Syndrome-like behaviors and symptoms.

The ADA Hamilton had a full two days for the prosecution in court, while the defense only got 1/2 of a day. After the first character witness for the defense got on the stand mid-morning, the lawyer came out and told me that, "We have to wrap this thing up because the Judge is leaving town." The rest of the witnesses barely got 5 minutes each, and one of the subpoenaed witnesses that we had to pay to fly into town was not allowed on the stand. By lunch the entire trial was over. An adequate defense was not allowed and my husband was convicted on 2 of the 3 false charges.

The Judge Patrick Garcia was the one who pushed the lawyers to finish the court proceedings early so they could “wrap this thing up,” which did not allow due process of the law.

Additionally, the medical defense that my husband had the legal right to do, and was allowed by law, was suppressed by the Judge’s orders (not allowed at all), which was also a violation of due process for a full and just and adequate defense.

At Valentine’s hearing after my husband was falsely convicted, Judge Patrick Garcia verbally praised the real sex offender (Brian Valentine, who was present) by stating that he did not want to make Valentine move from his trailer because he had had such a “perfect record” (probation) so far. This showed incredible bias toward a convicted sex offender

Furthermore, after the court the Judge admitted that I had the right to have my daughter back, but chose to insult me, put me down, demean me, discriminate against me, tell me that I deserved to go to jail for allowing my daughter to be molested, and that if it were up to him I would be in prison. Judge Patrick Garcia stated did not want my daughter to come back home to me even though it was her home, and even though due to the border colonia laws I would lose my property rights and property value if I did not stay and live there. This was of no concern to the Judge, whom felt that such an unethical and inappropriate outcome would be “just.”

Judge Patrick Garcia unethically suggested (hypocritically) that my daughter could live at our house as long as Valentine stayed inside his trailer and did not come out, which would have made my daughter (Valentine’s victim) essentially a prisoner inside of her own home, unable to play outside or with her friends. These inappropriate comments that showed both bias in favor of the sex offender, and prejudice against the victim and her mother (me), was unfair, vile, discriminatory, unjust, and completely unethical (especially concerning the safety of the child, which he had just moments before blamed me).

The Judge gave in to the idea that the sex offender could move into a cheap apartment he had found when something opens up, giving absolutely no enforcement directions such as a time deadline, and no requirements to look further. Neither the ADA Hamilton or Valentine’s Probation Officer (PO) asked for a new hearing or investigation when I informed them that those apartment’s manager and owner both told me independently that there was no such “waiting list” that Valentine said he was on. Six months later we asked for another hearing, but then realized it was too late as my daughter was due to be registered for school. We had run out of time because negligence, and the lack of enforcement by the Judge Patrick Garcia, the ADA Penny Hamilton, and the PO Maggie Morales. The hearing had to be cancelled and I had to move and lose my house in order to get my daughter back.

The end result of all of this is that Brian Valentine, who took a guilty plea for molesting my daughter for two years (he was a trusted friend of the family and had convinced my daughter to protect him by lying) is presently NOT in prison, is on adjudicated deferred probation for 10 years (meaning after he serves he is considered “not guilty” of the crimes he committed against my little girl), and although a registered sex offender, he is FREE to live at his house next door, while we were forced to move in order for the victim to be able to come back home. Meanwhile the man (my husband, my daughter’s step-dad whom she tried to exonerate in court unsuccessfully) who saved her from the real perpetrator’s clutches, is now sitting in prison for 10 years on false charges because he refused to take a guilty plea for a crime he did not commit. This is the “justice” of our criminal justice system in El Paso County, Texas.

To cap the above information…

The DA Jaime Esparza participated in the 4th and 5th Amendment violations (if not more) of the Constitution against my husband and myself. This also includes prosecutorial misconduct, fabricating charges (felony), false arrests, false conviction, false imprisonment, having his ADA’s to use extortion and other coercive methods to attempt forcing false testimony, ignoring/suppressing exculpatory evidence (Brady Material specifically, especially concerning due process and self-incrimination), inadequate investigation, unethical behavior, extortion against witnesses, negligence, abuse of power, and overzealous and malicious prosecution.

Prosecutorial misconduct is also self evident in many areas named above for ADA Penny Hamilton in this 6th and 14th Amendment violations, but also boils down to a violation of victims rights, negligence, manipulating and fabricating stories surrounding alleged evidence, attempting to confuse witnesses, fabricating motive, witness tampering, making threats against a witness, misconduct (yelling/screaming at) with witnesses, ignoring/suppressing exculpatory evidence (alleged evidence, plus Brady Material), unethical behavior, overzealous prosecution, supporting false charges, inadequate investigation, and malicious prosecution.

Judge Patrick Garcia was involved in the 6th and 14th Amendment violations of my husband’s rights as a defendant by not allowing him due process of the law, an adequate defense, the right to a medical defense, or a “full and fair trial.” Judge Garcia also showed favor (bias) to the sex offender, and discriminatory (prejudiced) behavior toward the victim and myself, and refused to include enforcement measures in his give-in ruling for supposedly making the sex offender move so the victim could come home, which was her and her mother’s (my) legal right.

Asserted and submitted by Sharon Cornet - December 9, 2009

What I Would Do And Not Do If This Situation Were To Happen Again

When speaking to the police or detectives, make sure you DO NOT talk to them without an attorney present! If they threaten to arrest you, demand that they tell you the charges; then either let them make the arrest without saying a word, or demand that they let you go if there is no evidence to make the arrest. Get their name and badge number and write it down! Let them know if they do anything wrong you are going to turn them in for unethical or illegal behavior.

KNOW YOUR RIGHTS! You have the right to remain silent even if they don’t tell you so. USE THAT TO YOUR ADVANTAGE! Shut up. Name, rank, and serial number only, in effect. When they say (and we were not read our Miranda rights, and were threatened with arrest if we didn’t talk, which was coercion and put us under duress) that anything you say can and will be held against you, you’d better believe it! Based on our experience I can fully 100% say that whatever you say WILL be twisted out of context and used against you in a court of law. Absolutely. Do not trust them with ANY INFORMATION! This includes other governmental organizations, such as CPS.

Plead the 5th Amendment only means that they cannot use something you say against you (even if true, they can alter it into something it is not), but if the officials or cop is corrupt that will not matter anyway.

If you sign a paper provided by CPS (Child Protective Services) then you are signing all of your parental rights away so that they can abduct your child(ren) on the spot and send them somewhere else to live. I did not get my daughter back until over 3 years later. All of this was based on a lawyer’s advice, whom we hired ONLY to protect my daughter from CPS (Child Protective Services), and yet he advised us to sign and talk to them anyway. It was the worst advice from an attorney we ever received.

Seek a reputable lawyer’s advice immediately if you are arrested or threatened with arrest (criminal lawyer, preferably Board Certified and who has a good background and experience in your kind of case). Get a second and third opinion, and shop around. Not all lawyers are created equal. Even the best in the book, which we hired, failed miserably. Find out if your civil rights were violated. Non-profit civil rights organizations are good resources. Don’t hesitate to find a new lawyer if the one you hired is not doing his/her job. Make a complaint if they aren’t, and get your money back ASAP. Don’t wait until the statute of limitations runs out.

If a cop or other official does violate your rights, MAKE A COMPLAINT AGAINST THEM IMMEDIATELY! This is one thing we failed to do, and would have helped prevent that corrupt cop from getting on the witness stand, if there had been a record. Also, when a complaint is made, if you feel your life or safety might be in danger, get a restraining order against them at the same time.

The District Attorney’s office can and may use extortion against you, to coerce you into testifying against someone you know. Do not sign anything they force you to sign without telling you what it is. If they make any extortion or other illegal attempts, turn them in to the FBI.

Head off any Prosecutorial witnesses that are corrupt from being put on the stand. If the Prosecution does use such witnesses, ensure that their credibility issues are well known to the jury. Such credibility issues can include a failure to do their job, obstruction of justice, coercion, failure to read Miranda warning, unreasonable searches and seizures, violating spousal privilege (what is said in private between you and your spouse is just that, private!), ignoring or suppressing exculpatory evidence, altering of documents, not having another officer present at time of interrogation (if that is the policy of your local Sheriff’s or police department), or Brady material, and so on.

If your case was supposed to be dropped (but wasn’t) because of such a violation due to a corrupt officer of the law, ENSURE that the DA drops it PRIOR to trial! Same goes for false charges or allegations.

Ensure a proper investigation is done by authorities greater (such as the FBI) than the DA or other public servants officials, especially if the latter doesn’t do one, or does a shoddy job at it. The sooner the better. Negligence or outright abuse should not be tolerated!

The police should not be able to get you fired from your job (upon arrest) by calling in to your work claiming false allegations or charges.

Prosecutors are not allowed, by law, to make threats against witnesses (especially against those on the side they are prosecuting). Hold them accountable to the law.

Prosecutors are committing a crime if they violate your or your family’s victims rights! Turn them in for doing so! Make official complaints at every level possible allowed by the law. Expose the injustices done whenever possible. Victims rights are protected by law!

You are allowed by law to enter a court to watch how the court system works, especially if you are being prosecuted. Educate yourself! Do not let the prosecutor make threats against you by telling you that you are committing a crime (or potential crime) by watching a court session that is OPEN TO THE PUBLIC! Turn them in immediately upon any threats or coercive tactics or other unethical behavior(s).

Do not let your lawyer allow exculpatory evidence (that helps support your innocence, if that be the case) of corrupt officials involved in your case to be suppressed or ignored by the DA/ADA’s office or staff. Also, do not allow the prosecutor to suppress exculpatory evidence provided by any witnesses or the victims his/her/themselves. Also, do not allow the prosecution to twist or fabricate motives, or stories, surrounding the facts, thereby prejudicing the jury and the Judge. Lastly, if your attorney does not object when they are supposed to, then you object. If the attorney does not object to a prosecutor yelling or screaming or asking trick questions (such as multiple-part questioning requiring a single umbrella answer that does not apply to all the parts) to the witness, then you hold them accountable on the spot. Do not show anger, but do not be afraid to calmly address the problem.

Do not allow your attorney to ignore blatant non-evidence based questions and answers, such as a cop saying to the jury, “I think he lied” when nothing but the truth was told.

Do not allow an attorney to ignore their duties to protect your life by doing a bad job before or during the trial. If they say they are going to prepare you all week long before trial, and then only give you an hour or two, then hold them to the original deal. They are there as your attorney – make them do their job! Ensure that the jury and Judge are informed of any illegal practices or errors that they should know about associated with your case or how it was handled in the beginning.

Fight all fabricated charges so they will be dropped!

If a witness has cognitive problems, or did at the time of initial interrogation, then make sure the jury knows it!

A videotaped interview should not be allowed in court as a video cannot be cross-examined. Also, errors are hard to pick out, and can easily be missed, compared to a transcript of the interview.

Do not allow your court proceedings to be “rushed” so that the judge can leave town on a trip. It is your constitutional right to have a full, and fair, and just trial, by law.

Do not let the Judge decide whether you can or cannot have a particular kind of defense. Any suppression of an otherwise allowable defense (due process) is a constitutional rights violation!

Do not accept derogatory or discriminatory comments by a Judge against you, especially if you are not the one on trial. Turn them in!

If you are being falsely accused, and the real perpetrator already took a guilty plea (especially if they did), do not allow your lawyer to NOT put them up on the witness stand so the jury can see who actually did the crime and already confessed to it!

If the Judge makes a judgment against someone, and it is in your favor, do not let that judgment go unenforced! Keep the Judge and any affiliated officials in complete transparency as to that judgment.

Lastly, if anything goes wrong, make complaints through the proper channels. For the DA, or an ADA, or attorney, go to the State Bar. If it is with a Judge, go to your local/state commission on judicial conduct. If it is an officer of the law, ensure that you not only make a complaint, but FOLLOW UP to ensure that they follow up and enforce it. If there is any corrupt occurrences it will be here, where the departments tend to protect their own (at least where I live they do). If Internal Affairs takes a statement and says they’ll do an investigation, hold them to it! Do not let your rights be stepped on. Do not let them wrongfully take away your children, life, liberty, property, or pursuit of happiness!

Sharon Cornet
December 21, 2009