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Dismissal of former El Paso County Judge Anthony Cobos indictment sought
[June 17, 2013]

Dismissal of former El Paso County Judge Anthony Cobos indictment sought


Jun 17, 2013 (El Paso Times - McClatchy-Tribune Information Services via COMTEX) -- Defense attorneys in the public corruption case against former El Paso County Judge Anthony Cobos and an alleged accomplice are asking a federal judge to dismiss their indictment.



Cobos and architect Lorenzo Aguilar are scheduled to go to trial in August, each on a charge of conspiracy to commit mail fraud and deprivation of honest services, before U.S. District Judge Frank Montalvo. Cobos and Aguilar have pleaded not guilty and remain free on bond.

If convicted, they face up to 20 years in prison.


According to a superseding indictment filed last year, Cobos is accused of soliciting and receiving thousands of dollars through "bribery and the concealment of material information." Aguilar and other unnamed co-conspirators allegedly paid those bribes in order to "enrich themselves by obtaining favorable action for themselves and other persons ... through corrupt means." On June 11, attorneys for Cobos and Aguilar filed a joint motion to dismiss the superseding indictment, arguing the indictment "is essentially devoid of any specific facts, as opposed to exceedingly broad conclusions." The indictment also states that in 2007 -- on Feb. 28, March 29 and April 27 -- Aguilar and others sent three checks of $1,500 each by Federal Express. The money was intended to ensure that Cobos would provide "favorable official action." Defense attorneys for Cobos and Aguilar argue the indictment "fails to allege sufficient facts to afford Defendants with adequate notice to prepare a defense," and "fails to allege any overt acts." Montalvo had yet to rule on the request as of Friday.

In a separate request, defense attorneys are asking Montalvo to postpone the August trial date until early January 2014 in order to allow them to review additional evidence, including more than 100 CD-ROMs and two external computer hard drives.

"Review of the discovery is still ongoing by the Defendants and they have just reached the point where they felt they could intelligently file pretrial motions," the request states. "However, the Defendants, despite their diligence and the devotion of hundreds and hundreds of hours to the case, honestly believe that they need additional time in order to render effective assistance of counsel." On Friday, Montalvo also had not ruled on the request for the postponement.

Adriana M. Chavez may be reached at [email protected]; 546-6117.

___ (c)2013 the El Paso Times (El Paso, Texas) Visit the El Paso Times (El Paso, Texas) at www.elpasotimes.com Distributed by MCT Information Services

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