Thread: TX: Civic leader gets five years (illegal voting)

Civic leader gets five years
Port Lavaca woman admits lying about illegal voting
June 26, 2007 - Posted at 12:00 a.m.
BY LOUISE POPPLEWELL - VICTORIA ADVOCATE
EDNA - Less than a week after insisting that she did nothing illegal while signing people up to vote, Debra Martinez Briseno on Monday admitted that she had lied and was guilty as charged.

Taking the stand for the second time since the trial began a week ago, Briseno faced the jury and said, "I'm guilty. To the jurors, I want to say thank you to each and every one. I sincerely thank you from the bottom of my heart. Yes, I asked for a jury trial, for 12 jurors fair and impartial. I acknowledge fully that I am guilty. I have nothing else to say."

Briseno, 51, a former civic leader and truancy officer for the Calhoun County school district, showed little or no emotion after agreeing to a five-year prison sentence Monday morning.

The plea agreement was made during the sentencing phase of the trial in which a Jackson County jury of seven women and five men found Briseno guilty on two counts of illegal voting while she was campaigning for Precinct 1 justice of the peace in Calhoun County during the 2006 Democratic primary.

She had faced two to 10 years in prison and a fine of $10,000 could have also been assessed. She was eligible for probation.

Jackson County District Attorney Bobby Bell asked, "You are agreeing to surrender yourself and go to prison?"

"Yes, sir, Mr. Bell," she replied loudly and answered each of the attorney's questions in the same manner.

Bell said that both Briseno and her husband, Richard Morales, lied under oath while giving testimony.

As part of the plea bargain, Bell said he would not pursue perjury charges against Briseno and her husband; and Calhoun County District Attorney Dan Heard said misdemeanor charges alleging voter fraud would be dismissed in Calhoun County.

In addition, Briseno waived her rights to appeal the case.

"When you get out of prison, you will have all of this behind you," Bell said.

"Yes, sir, Mr. Bell."

District Judge Pat Kelly, who allowed the trial to be moved to Jackson County, asked Briseno if she was satisfied with her attorney, Frumencio Reyes of Houston.

"Yes, your honor. Absolutely," she replied.

Reyes later declined to answer a question on the reason for accepting the plea bargain.

"I do not have a comment," he said and turned and walked away.

In addition to the prison sentence, the judge told Briseno she would pay court costs.

Outside the courthouse, Richard Morales was tearful as he stood with his wife's attorney.

"I love my wife very much," he said and, nodding toward Reyes, added, "This man did a good job. I'm going to pay him everything we owe him."

Briseno, whose long hair was cut to above collar length, embraced several friends and relatives before being escorted from the courtroom by a Jackson County deputy. She was led through a rear entrance to the Jackson County Jail on the floor below. Calhoun County deputies later transported her to the jail in Port Lavaca.

About two dozen supporters were silent during the hour-long court session Monday, but many shed tears as they left the courtroom. Two women were heard to say, "It isn't fair."

Heard said the plea offer was made in a joint agreement between himself, Bell and Will Tatum, an attorney for the Texas Attorney General's Office, in an effort "to wrap it all up."

"I think the jury verdict was just," he said. "I think the five-year sentence should send a message that people should not participate in this kind of conduct when signing people up to vote."

He added, "Justice was done. It was a strong punishment and a well-deserved punishment."

Heard estimated that Briseno will serve more than a year in prison, but less than two years.

In August, following an investigation by the attorney general's office, a Calhoun County grand jury indicted Briseno on charges of illegal voting, tampering with a governmental record, making a false statement on a registration application, unlawful voter assistance and possessing a ballot intended for another person.

Briseno was tried on two counts of illegal voting in connection with filling out voter registration cards for two non-citizens who did not write or read English - Antonio Suarez and Lino Suarez - and saying they were U.S. citizens when they were not.

The jury was unanimous in finding her guilty on both counts.

Tatum noted that he counted 96 lies during Briseno and her husband's testimony.

In the March 2006 Democratic primary, Briseno faced Hope Kurtz and Greg Falcon in the race for the Democratic nomination for justice of the peace. Briseno received the most votes in the election with one vote separating Kurtz and Falcon. In a recount, Kurtz picked up one vote to tie her with Falcon. The matter was settled with a coin toss and Kurtz won in a runoff election.

Briseno served on the Calhoun County school district board for a number of years and served as the school district's truancy officer. She was placed on leave from the job after the grand jury indictments. She was also a member of the Port Lavaca City Council until she resigned earlier this year.

She testified that she and her husband were living in Arizona prior to the trial.

Louise Popplewell is a reporter for the Victoria Advocate. Contact her at 361-552-2803 or ptlavadv@vicad.com or comment on this story here.

http://www.thevictoriaadvocate.com/428/story/79246.html

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