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Briseno denies state witness testimony
By CHARLYN FINN
Former District 4 Councilwoman Debra Briseno admitted Thursday that she did not give Spanish voter registration applications to six non-US citizen Mexican nationals she registered to vote. Briseno is on trial pleading "not guilty" to Texas Attorney General felony charges of illegal voting.
State witnesses alleged Briseno registered them to vote in February 2006 and declared them to be United States' citizens.
Briseno refuted Wednesday afternoon the non-English speaking Mexico nationals’ allegations in the Jackson County Courthouse at Edna.
“I asked them three questions, were they U.S. citizens, if they were over 18 and had they ever been convicted of a felony,” Briseno said.
Briseno told Jackson County District Attorney Robert “Bobby” Bell “I can translate.” Earlier in the trial Calhoun County Election Administrator Dora Garcia said Spanish voter registration forms are available.
Bell said the non-citizens would have known if they had the Spanish applications that it was against the law for non-citizens to vote and they could be sent to prison and deported.
“I don’t think they would risk losing their residency to vote for a woman they never saw before,” he said.
“Do you think this is fair?,” Bell asked Briseno. “Yes,” she replied.
After motions from the prosecution, District Judge Joseph Patrick Kelly ordered that the defense character witnesses not be allowed to testify. Prosecution attorneys proved that they had not attacked Briseno’s reputation.
Friday Briseno’s husband Richard Morales will testify and then the case will go before the jury.
Briseno was indicted by a Calhoun County Grand Jury in spring 2006 for soliciting, encouraging and aiding Antonio and Leno Suarez to vote, knowing that they were not eligible voters.
The alleged charges occurred during the March 2006 Democratic Primary when Briseno was in a three-way race for Justice of the Peace Precinct 1. Briseno was the lead vote gainer in the regular election and Hope Kurtz trailed second point gainer Greg Falcon, former Precinct 1 constable, by one vote. Kurtz called for a recount. She gained a vote and tied with Falcon. A coin toss was done to break the tie. Kurtz and Briseno vied in a runoff election that Kurtz won.
William Tatum, assistant attorney general, is trying the case with the assistance of Calhoun County District Attorney Dan Heard and Jackson County District Attorney Robert “Bill” Bell. Briseno is represented by Houston attorney Frumencio Reyes Jr.
Briseno is being tried for falsifying voter registration documents for two aliens with green cards but Attorney General William Tatum has called several witnesses who say Briseno registered them as citizens knowing they were not.
Two of the witnesses, uncle and nephew Antonio and Leno Suarez, voted with the cards they received.
Antonio Suarez said Tuesday afternoon Briseno filled out a voter’s registration application, based on information on his driver’s license and he signed the application.
“Who filled it out (voter registration application)?” Heard asked. “The lady soliciting votes because she said if I had a driver’s license I could register to vote,” Suarez replied. Upon being asked who the lady was, he pointed to Briseno.
“She said she was looking for votes, she said she was running for judge and needed the votes,” Suarez said. “I did not think I could vote. She told me ‘clearly it can be done.’’’
Suarez said he gave Briseno his driver’s license and she took over from there.
All of the state’s witnesses that were registered to vote were registered on Feb. 4, 2006, shortly before the Democratic Party’s March 2006 primary. All of the state’s witnesses were signed up at the Roadrunner Trailer Park across from Travis Middle School and they can speak very little or no English.
Allegedly Briseno came to the trailer park with her husband Richard Morales (they were not married at the time) and solicited votes and signed up people who were not registered to vote. She is a volunteer voter registrar, according to Election Administrator Dora Garcia, another state witness.
In addition to Antonio and Leno Suarez, state witnesses testifying Briseno registered them to vote are Martha Iniguez, Augustine Hernandez, Simon Aguilar and Petra Gone.
Some of the witnesses said Briseno did not ask them if they were citizens and others said they told her they were not. Either way, all ended up registered to vote as U.S. citizens with the exception of two cases where applications were returned because of incomplete information.
Wednesday afternoon Reyes asked District 24 Judge Joseph Patrick Kelly to dismiss the case because “state failed to show elements of offense to prove Briseno intentionally violated the law.”
Tatum replied the verdict was beyond reasonable doubt because state showed Briseno solicited voter registrations.
“She asked them to vote knowing they were not citizens and three different times contacted Antonio and Leno Suarez and urged them to vote and registered several people who were not citizens,” Tatum said. “When some said they were not citizens, she registered them anyway.”
Judge Kelly denied Reyes motion.
Wednesday afternoon the state rested its case and defense began its testimony. First witness, Sylvia Lugo, who would have been a character witness, was dismissed before the jury arrived. Bell said she could not be a character witness because Briseno’s character has not been attacked.
“Character is not yet an issue,” Judge Kelly agreed. “We may have to re-address the issue.”
Reyes then said Briseno would be his second witness. Judge Kelly admonished Briseno of her rights. “You do not have to testify, if you do testify you will be treated the same as any witness and can be cross-examined by state,” Kelly said. He asked her is she still wanted to testify and she replied she did.
Briseno testified that she and her husband have moved to Baghdad, Arizona, where they were both hired by Phillip’s, a gold and copper mint company. They have held those occupations since March 12. Briseno said she left Port Lavaca on Oct. 15, 2006 after being dismissed from her truancy officer job with the school district. “I was dismissed from my job due to the allegations,” she said. She said she had been a truant officer for 10 years. Also due to the allegations, Briseno said she resigned as Port Lavaca District 4 councilwoman.
To show her qualifications as a voter registrar, Briseno said she was part of a LULAC voter registration drive. “Yes, I do know someone who is not a citizen can not register to vote,” she said. “The first thing I ask is if they are citizens.”
Briseno said she registered 100 persons before the March primary at two trailer parks, two apartment complexes and on all streets in Port Lavaca District 1.
“I also registered people not in my district,” she said.
Briseno's testimony was recessed Wednesday afternoon and she returned to the witness stand Thursday morning.
On Tuesday, second day of the trial, Tatum said he would prove Briseno registered people who were not citizens of the U.S. and knew it. “The evidence we would like to offer is proof of motive, opportunity, plan, knowledge and intent,” he said.
Bell said the prosecution wants to provide evidence to the jury to prove intent.
Reyes said he wanted to have hearings on the evidence before it is presented to the jury and court has followed this procedure.
Briseno’s indictments are the result of an investigation conducted by Falcon.
Falcon, second witness Tuesday, testified he saw on the voter registration list the name of a man who had done some work by his house. He knew this person was not a citizen. He went to the Roadrunner Trailer Park and found a number of registered voters were not citizens and the two Suarez brothers had voted.
“They were outside when Briseno showed up and asked them to vote,” Falcon said. They had green cards. Antonio said he was not eligible. She replied “as long as you have a driver’s license you can vote.”
Reyes motioned to have the Falcon testimony omitted saying his information was second hand. Judge Kelly over-ruled the motion.
Falcon complained to Garcia, she notified District Attorney Heard and he notified the State Attorney’s office.
State witnesses alleged Briseno registered them to vote in February 2006 and declared them to be United States' citizens.
Briseno refuted Wednesday afternoon the non-English speaking Mexico nationals’ allegations in the Jackson County Courthouse at Edna.
“I asked them three questions, were they U.S. citizens, if they were over 18 and had they ever been convicted of a felony,” Briseno said.
Briseno told Jackson County District Attorney Robert “Bobby” Bell “I can translate.” Earlier in the trial Calhoun County Election Administrator Dora Garcia said Spanish voter registration forms are available.
Bell said the non-citizens would have known if they had the Spanish applications that it was against the law for non-citizens to vote and they could be sent to prison and deported.
“I don’t think they would risk losing their residency to vote for a woman they never saw before,” he said.
“Do you think this is fair?,” Bell asked Briseno. “Yes,” she replied.
After motions from the prosecution, District Judge Joseph Patrick Kelly ordered that the defense character witnesses not be allowed to testify. Prosecution attorneys proved that they had not attacked Briseno’s reputation.
Friday Briseno’s husband Richard Morales will testify and then the case will go before the jury.
Briseno was indicted by a Calhoun County Grand Jury in spring 2006 for soliciting, encouraging and aiding Antonio and Leno Suarez to vote, knowing that they were not eligible voters.
The alleged charges occurred during the March 2006 Democratic Primary when Briseno was in a three-way race for Justice of the Peace Precinct 1. Briseno was the lead vote gainer in the regular election and Hope Kurtz trailed second point gainer Greg Falcon, former Precinct 1 constable, by one vote. Kurtz called for a recount. She gained a vote and tied with Falcon. A coin toss was done to break the tie. Kurtz and Briseno vied in a runoff election that Kurtz won.
William Tatum, assistant attorney general, is trying the case with the assistance of Calhoun County District Attorney Dan Heard and Jackson County District Attorney Robert “Bill” Bell. Briseno is represented by Houston attorney Frumencio Reyes Jr.
Briseno is being tried for falsifying voter registration documents for two aliens with green cards but Attorney General William Tatum has called several witnesses who say Briseno registered them as citizens knowing they were not.
Two of the witnesses, uncle and nephew Antonio and Leno Suarez, voted with the cards they received.
Antonio Suarez said Tuesday afternoon Briseno filled out a voter’s registration application, based on information on his driver’s license and he signed the application.
“Who filled it out (voter registration application)?” Heard asked. “The lady soliciting votes because she said if I had a driver’s license I could register to vote,” Suarez replied. Upon being asked who the lady was, he pointed to Briseno.
“She said she was looking for votes, she said she was running for judge and needed the votes,” Suarez said. “I did not think I could vote. She told me ‘clearly it can be done.’’’
Suarez said he gave Briseno his driver’s license and she took over from there.
All of the state’s witnesses that were registered to vote were registered on Feb. 4, 2006, shortly before the Democratic Party’s March 2006 primary. All of the state’s witnesses were signed up at the Roadrunner Trailer Park across from Travis Middle School and they can speak very little or no English.
Allegedly Briseno came to the trailer park with her husband Richard Morales (they were not married at the time) and solicited votes and signed up people who were not registered to vote. She is a volunteer voter registrar, according to Election Administrator Dora Garcia, another state witness.
In addition to Antonio and Leno Suarez, state witnesses testifying Briseno registered them to vote are Martha Iniguez, Augustine Hernandez, Simon Aguilar and Petra Gone.
Some of the witnesses said Briseno did not ask them if they were citizens and others said they told her they were not. Either way, all ended up registered to vote as U.S. citizens with the exception of two cases where applications were returned because of incomplete information.
Wednesday afternoon Reyes asked District 24 Judge Joseph Patrick Kelly to dismiss the case because “state failed to show elements of offense to prove Briseno intentionally violated the law.”
Tatum replied the verdict was beyond reasonable doubt because state showed Briseno solicited voter registrations.
“She asked them to vote knowing they were not citizens and three different times contacted Antonio and Leno Suarez and urged them to vote and registered several people who were not citizens,” Tatum said. “When some said they were not citizens, she registered them anyway.”
Judge Kelly denied Reyes motion.
Wednesday afternoon the state rested its case and defense began its testimony. First witness, Sylvia Lugo, who would have been a character witness, was dismissed before the jury arrived. Bell said she could not be a character witness because Briseno’s character has not been attacked.
“Character is not yet an issue,” Judge Kelly agreed. “We may have to re-address the issue.”
Reyes then said Briseno would be his second witness. Judge Kelly admonished Briseno of her rights. “You do not have to testify, if you do testify you will be treated the same as any witness and can be cross-examined by state,” Kelly said. He asked her is she still wanted to testify and she replied she did.
Briseno testified that she and her husband have moved to Baghdad, Arizona, where they were both hired by Phillip’s, a gold and copper mint company. They have held those occupations since March 12. Briseno said she left Port Lavaca on Oct. 15, 2006 after being dismissed from her truancy officer job with the school district. “I was dismissed from my job due to the allegations,” she said. She said she had been a truant officer for 10 years. Also due to the allegations, Briseno said she resigned as Port Lavaca District 4 councilwoman.
To show her qualifications as a voter registrar, Briseno said she was part of a LULAC voter registration drive. “Yes, I do know someone who is not a citizen can not register to vote,” she said. “The first thing I ask is if they are citizens.”
Briseno said she registered 100 persons before the March primary at two trailer parks, two apartment complexes and on all streets in Port Lavaca District 1.
“I also registered people not in my district,” she said.
Briseno's testimony was recessed Wednesday afternoon and she returned to the witness stand Thursday morning.
On Tuesday, second day of the trial, Tatum said he would prove Briseno registered people who were not citizens of the U.S. and knew it. “The evidence we would like to offer is proof of motive, opportunity, plan, knowledge and intent,” he said.
Bell said the prosecution wants to provide evidence to the jury to prove intent.
Reyes said he wanted to have hearings on the evidence before it is presented to the jury and court has followed this procedure.
Briseno’s indictments are the result of an investigation conducted by Falcon.
Falcon, second witness Tuesday, testified he saw on the voter registration list the name of a man who had done some work by his house. He knew this person was not a citizen. He went to the Roadrunner Trailer Park and found a number of registered voters were not citizens and the two Suarez brothers had voted.
“They were outside when Briseno showed up and asked them to vote,” Falcon said. They had green cards. Antonio said he was not eligible. She replied “as long as you have a driver’s license you can vote.”
Reyes motioned to have the Falcon testimony omitted saying his information was second hand. Judge Kelly over-ruled the motion.
Falcon complained to Garcia, she notified District Attorney Heard and he notified the State Attorney’s office.
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