Dozens of prosecutors, court reporters, attorneys and US Marshals awaited the 9:00 A.M. re-arraignment/docket call on Tuesday in The Honorable Alia Moses' Western District of Texas Courtroom 1 at the United States Federal Court House in Del Rio.
Two cases stemming from Maverick County's list of five a few weeks ago which included those for Eliaz Maldonado, David Gelacio and Javier Gonzalez were not on the docket, however those for former County Auditor's Office employee Juan Carlos Moncada and former County Commissioner Cesar Flores were.
One by one cases for those in custody were called to appear before Eagle Pass' Moses while an eery sound interference mechanism, something reminiscent of the noise emitted from a television with no reception filled the large room as attorneys deliberated at her desk. Judge Moses would have the mechanism shut off periodically to inform the defendants and their counsel of either their plea date or their trial date.
At 9:46, Moses called for those attorneys in the case of Juan Carlos Moncada to step forward and Michael Galdo announced himself to the judge on behalf of the United States followed by Gregory Torres for the defense.
It took the three a total of three minutes to hear out Torres motion to dismiss the case without a set date for Judge Moses to make a ruling, however, it is speculated that this is what transpired as The Honorable Judge called out the next case number of Marco Antonio Cervantes, the next case on the docket which resulted in the defendant not appearing in court. A warrant was issued for failure to appear in court and bond was rescinded.
When Cesar Flores' case number was called at 9:51, again Galdo rose on behalf of the US and attorney Roy Barrera did the same for Flores. The former commissioner stood stoically behind what could be considered gates which allow one entry to the confines of the courtroom itself while counsel asked to approach the bench.
The deliberation in this case took significantly longer than Moncada's as, prior to the attorneys approaching the judge's bench, Judge Moses asked the defense attorney if May 21st would be enough time for him to prepare his case to which he responded 'No'. When asked why, Barrera quickly and steadfastly responded negatively citing that he had not yet received what he termed the 'Discovery' in this case.
What this is is the evidence gathered by the Federal Government against the defendant which must, however not in all cases, as we saw in the case of Rodolfo Heredia where transcripts of recorder telephone conversations were not released to his attorneys.
Whatever the case may be in this matter, it took Judge Moses a little over five minutes to set a July 9th court date for Flores who will indeed be contesting the charges before him before a jury.
Immediately after this announcement, Flores and his attorney were excused and exited the courtroom together.
