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Cameron County District Attorney, Again, Dismisses Nepotism Appeal on Brownsville ISD Trustee
This case stems from an indictment for nepotism on Brownsville ISD Trustee Minerva Pena. It was claimed she was involved in some hiring decision of a family member which could fall under the nepotism statute.
We have previously published on this topic. Initially, the Cameron County District Attorney was quick to appeal the decision of the court.
Then the Cameron County District Attorney filed a motion to rescind the previous order to quash the nepotism indictment. This was done because the Cameron County District Attorney claimed the appeal timeframe had passed and it infringed upon the rights of the State.
After the corrected action occurred so the Cameron County District Attorney could file a timely appeal, rather than submit the document to the Appellant Court the office elected to dismiss the first appeal filed.
Afterwards, in confusing fashion, the Cameron County District Attorney’s Office filed a new appeal.
Cameron County District Attorney Files New Motion to Dismiss Appeal on Brownsville ISD Trustee
Now the Cameron County District Attorney’s Office created two separate appeals for the same cause of action. In conclusion, it simply decided to motion dismissal again. In filing the motion the Cameron County District Attorney’s Office write the following:
Appellant is the State of Texas, and Appellee is Minerva Martinez Pena. Appellee is charged by indictment with one count of nepotism. See Tex. Gov’t Code Ann. § 573.041. On May 10, 2022, the trial court signed an order granting Defendant’s Motion to Quash the indictment.
That same day, Appellant made a written request for findings of fact and conclusions of law. On May 18, 2022, Appellant filed its Notice of Appeal. On June 1, 2022, Appellant filed a notice of Past Due Findings of Facts and Conclusions of Law.
To date, the trial court has not issued any findings or conclusions as requested by Appellant. Appellant no longer wishes to proceed with this matter and respectfully asks that this Honorable Court dismiss its appeal.First Assistant Edward A. Sandoval, Cameron County District Attorney’s Office, Cause 13-22-00229-CR, “State’s Motion to Dismiss its Appeal from Cause No. 2021-DCR-2482-G in the 404th Judicial District Court Cameron County, Texas”
At this point, Minerva Pena should feel some comfort knowing the Misdemeanor Class C of Nepotism has been quashed and the appeals for it have been or should be dismissed.
It should make one wonder what is going on in the Cameron County District Attorney’s Office. Why these strange litigation moves? What will they do with a bad case they have, but elected to see that justice was not performed? The one where this fraudulent filer misused his position of authority to harm a citizen.
A Couple of Our Other Reads
You may be interested in reading about a recent opinion issued from the Texas Attorney General’s Office on out-of-county bond settings.
Or you may find it interesting that a prior Cameron County Assistant District Attorney was indicted for records tampering.
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