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Jury finds Briseno guilty
By CHARLYN FINN
A Jackson County jury found former District 4 Councilwoman Debra Briseno, 51, guilty Friday of two counts of illegal voting during the March 2006 Democratic primary. Monday she was sentenced to serve two five-year concurrent sentences in a Texas penitentiary.
“Ms. Briseno was convicted of two separate counts of illegal voting and given five years for each to run concurrently (together),” Calhoun County District Attorney Dan Heard said afterwards. “She waived her right to have the jury set the verdict - so the prosecution did also. We wanted her to admit to the jury that found her guilty that she had lied to them, that she was guilty of what they found her guilty of - and she did so (admitted her guilt).”
Under the sentencing agreement, Briseno admitted that she and her husband, Richard Morales, lied to the jury during their testimony last week. Both falsely testified that their voter registrants were informed that only United States citizens can legally vote.
Admitting to aggravated perjury, Briseno acknowledged that she did not ask registrants about their citizenship, nor did she inform them that only United States citizens are eligible to vote. As a result, Briseno registered non-citizens to vote in Calhoun County, and thereafter lied about her actions at trial.
Because Briseno admitted to the jury that she had lied and was guilty, Heard said a tampering with a government document and other counts she had against her were dismissed. Two different Calhoun County grand juries had given her a total of six indictments.
Heard said that as Briseno agreed to admit her guilt and lying to the grand jury, that was taken into consideration by the court that gave her two five-year, sentences that she will serve together.
“It was in return for her coming clean before the jury and clearing the air,” Heard said. "Since she came clean we also agreed to not prosecute her for perjury. We just wanted her to come clean with the jury so we will not prosecute her or her husband for perjury.”
“Hopefully this will send a message, you have to obey the law,” Heard said.
Before the trial occurred, State Attorney William Tatum and Heard had offered Briseno four years deferred adjudication if she would admit guilt, according to Heard. “But she rejected it,” he said.
District Judge Joseph Patrick Kelly of the 24th District had accepted Briseno’s request to have her case moved from Calhoun County District Court to Jackson County. According to Heard, Briseno presented 20 signed affidavits from citizens testifying that she would not get a fair trial in Calhoun County, Heard said.
“When it comes to prosecution, I am bipartisan. I am a Democrat but if someone breaks the law they will be tried here whether a Democrat, Republican or Independent,” Heard said. “That’s the law.”
The guilty verdict came about as the result of an aggressive prosecution made up of State Attorney General Assistant Tatum, Jackson County District Attorney Robert “Bobby” Bell and Calhoun County District Attorney Heard. Tatum and Heard had done most of the investigation that lead to Briseno getting six grand jury indictments. “It took us two weeks to prepare for the trial,” Heard said.
The two major felonies were incorporated for the court trial last week.
Jackson County mailed out 150 letters to prospective jurors and of that number 47 Jackson County residents appeared to be considered for jury duties last Monday. Both the prosecution and Defense Attorney Frumencio Reyes Jr. of Houston spent an entire working day before selecting 12 jurors. The jury was compiled of seven women and five men and nine of the 12 were young jurors. The jurors were unanimous Friday in their decision that Briseno was guilty of both counts of illegal voting.
The jury listened to testimony for four days last week and determined the guilty verdict between 4-4:20 p.m. Friday.
Briseno had about 14 character witnesses that her attorney attempted to put on the witness stand during the prosecution phase of the trial. Prosecution attorneys objected to Judge Kelly stating that character witnesses were not usual for a criminal trial and Briseno’s reputation was not being attacked.
Testomony during the trial showed that Briseno went to the Roadrunner Trailer Court, accompanied by Richard Morales (who is now her husband) in Port Lavaca on Feb. 4, 2006 and registered six Mexican nationals, employees of Formosa Plastics with Green Cards. She did not give them the Spanish version of the voter registration application. She marked the applications for the Mexican nationals and marked that they were U.S. citizens.
Briseno assisted the non-citizens with voter registration. She represented to them that they needed only a valid driver’s license to become registered to vote as a U.S. citizen. She filled out the portion of the registration application inquiring of citizenship and affirmatively marked that these individuals were United States citizens.
All of the witnesses testified that they had shown her their Green Cards and she knew they were not U.S. citizens. All testified that they did not know that they could get jail time or even deportation by giving false information on a voter registration document.
Also, one man was not present and his wife, who was not a citizen, signed the voter’s application for him.
Briseno and her husband testified that the Mexican nationals lied, that she had told them they had to be U.S. citizens, over 18 years of age and had no felon records.
While Briseno registered six Mexican nationals, she was tried only for registering Antonio Suarez and Leno Suarez, uncle and nephew. Both of the men actually voted.
DA Bell said the two men did not know the difference between Republican and Democrat parties and on their ballots Briseno was the only person for whom they voted.
“Texans will never tolerate the contamination of our elections, and public officials who engage in voter fraud will certainly be held accountable, as today’s verdict shows,” said Texas Attorney General Greg Abbott after the jury returned its guilty verdicts Friday. “I am grateful for the assistance of Calhoun County District Attorney Dan Heard, as well as Jackson County District Attorney Bobby Bell in prosecuting this case.”
The Calhoun County District Attorney’s office received a complaint about Briseno’s activities from another candidate, former Pct. 1 Constable Greg Falcon, who testified at the trial. Falcon complained to Heard who then sought assistance from Attorney General Abbott.
The resulting investigation with Calhoun County District Attorney Heard showed that Briseno, who was running for the office of county justice of the peace at the time, made it possible for non-citizens to falsely register to vote and then actually cast ballots in person during the primary, based on her advice.
“Ms. Briseno was convicted of two separate counts of illegal voting and given five years for each to run concurrently (together),” Calhoun County District Attorney Dan Heard said afterwards. “She waived her right to have the jury set the verdict - so the prosecution did also. We wanted her to admit to the jury that found her guilty that she had lied to them, that she was guilty of what they found her guilty of - and she did so (admitted her guilt).”
Under the sentencing agreement, Briseno admitted that she and her husband, Richard Morales, lied to the jury during their testimony last week. Both falsely testified that their voter registrants were informed that only United States citizens can legally vote.
Admitting to aggravated perjury, Briseno acknowledged that she did not ask registrants about their citizenship, nor did she inform them that only United States citizens are eligible to vote. As a result, Briseno registered non-citizens to vote in Calhoun County, and thereafter lied about her actions at trial.
Because Briseno admitted to the jury that she had lied and was guilty, Heard said a tampering with a government document and other counts she had against her were dismissed. Two different Calhoun County grand juries had given her a total of six indictments.
Heard said that as Briseno agreed to admit her guilt and lying to the grand jury, that was taken into consideration by the court that gave her two five-year, sentences that she will serve together.
“It was in return for her coming clean before the jury and clearing the air,” Heard said. "Since she came clean we also agreed to not prosecute her for perjury. We just wanted her to come clean with the jury so we will not prosecute her or her husband for perjury.”
“Hopefully this will send a message, you have to obey the law,” Heard said.
Before the trial occurred, State Attorney William Tatum and Heard had offered Briseno four years deferred adjudication if she would admit guilt, according to Heard. “But she rejected it,” he said.
District Judge Joseph Patrick Kelly of the 24th District had accepted Briseno’s request to have her case moved from Calhoun County District Court to Jackson County. According to Heard, Briseno presented 20 signed affidavits from citizens testifying that she would not get a fair trial in Calhoun County, Heard said.
“When it comes to prosecution, I am bipartisan. I am a Democrat but if someone breaks the law they will be tried here whether a Democrat, Republican or Independent,” Heard said. “That’s the law.”
The guilty verdict came about as the result of an aggressive prosecution made up of State Attorney General Assistant Tatum, Jackson County District Attorney Robert “Bobby” Bell and Calhoun County District Attorney Heard. Tatum and Heard had done most of the investigation that lead to Briseno getting six grand jury indictments. “It took us two weeks to prepare for the trial,” Heard said.
The two major felonies were incorporated for the court trial last week.
Jackson County mailed out 150 letters to prospective jurors and of that number 47 Jackson County residents appeared to be considered for jury duties last Monday. Both the prosecution and Defense Attorney Frumencio Reyes Jr. of Houston spent an entire working day before selecting 12 jurors. The jury was compiled of seven women and five men and nine of the 12 were young jurors. The jurors were unanimous Friday in their decision that Briseno was guilty of both counts of illegal voting.
The jury listened to testimony for four days last week and determined the guilty verdict between 4-4:20 p.m. Friday.
Briseno had about 14 character witnesses that her attorney attempted to put on the witness stand during the prosecution phase of the trial. Prosecution attorneys objected to Judge Kelly stating that character witnesses were not usual for a criminal trial and Briseno’s reputation was not being attacked.
Testomony during the trial showed that Briseno went to the Roadrunner Trailer Court, accompanied by Richard Morales (who is now her husband) in Port Lavaca on Feb. 4, 2006 and registered six Mexican nationals, employees of Formosa Plastics with Green Cards. She did not give them the Spanish version of the voter registration application. She marked the applications for the Mexican nationals and marked that they were U.S. citizens.
Briseno assisted the non-citizens with voter registration. She represented to them that they needed only a valid driver’s license to become registered to vote as a U.S. citizen. She filled out the portion of the registration application inquiring of citizenship and affirmatively marked that these individuals were United States citizens.
All of the witnesses testified that they had shown her their Green Cards and she knew they were not U.S. citizens. All testified that they did not know that they could get jail time or even deportation by giving false information on a voter registration document.
Also, one man was not present and his wife, who was not a citizen, signed the voter’s application for him.
Briseno and her husband testified that the Mexican nationals lied, that she had told them they had to be U.S. citizens, over 18 years of age and had no felon records.
While Briseno registered six Mexican nationals, she was tried only for registering Antonio Suarez and Leno Suarez, uncle and nephew. Both of the men actually voted.
DA Bell said the two men did not know the difference between Republican and Democrat parties and on their ballots Briseno was the only person for whom they voted.
“Texans will never tolerate the contamination of our elections, and public officials who engage in voter fraud will certainly be held accountable, as today’s verdict shows,” said Texas Attorney General Greg Abbott after the jury returned its guilty verdicts Friday. “I am grateful for the assistance of Calhoun County District Attorney Dan Heard, as well as Jackson County District Attorney Bobby Bell in prosecuting this case.”
The Calhoun County District Attorney’s office received a complaint about Briseno’s activities from another candidate, former Pct. 1 Constable Greg Falcon, who testified at the trial. Falcon complained to Heard who then sought assistance from Attorney General Abbott.
The resulting investigation with Calhoun County District Attorney Heard showed that Briseno, who was running for the office of county justice of the peace at the time, made it possible for non-citizens to falsely register to vote and then actually cast ballots in person during the primary, based on her advice.
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