From the outset, let me make it clear that the facts in the following post were dug up by Emma Perez-Treviño in an article published Friday in the Valley Morning Star. As far as I can tell, the powers that be at AIM Newspapers decided not to publish this in the local daily.
Emma wrote that Asst. U.S. Attorney Michael J. Wynne is seeking to introduce evidence from a case in a Cameron County Court-at-Law to his case against Austin attorney Marc G. Rosenthal to show that the indicted attorney linked to the Abel Limas corruption case was manipulating the local courts behind the scenes through convicted former State Rep. Jim Solis.
Emma wrote that "Wynne proposes to introduce events surrounding several cases, one of which was the case of Diana Alcala et al vs Cardinal Health, Inc. et al., which was initially filed in Cameron County Court-at-Law No. 1. The presiding judge at the time was Judge Janet Leal."

To make the long story short, Wynne alleges that Solis forged an affidavit purportedly written by County-Court-At-Law 1 Judge Arturo McDonald Jr. that allowed then-County Court-at-Law No. 3 Judge Daniel T. Robles to vacate a Leal summary judgement on behalf of the company preventing Rosenthal's firm from going after other Cardinal Health-related entities on the theory that they had not been part of the $1.5 million settlement agreement the company had reached with his client.The case ended up in McDonald's court, who was Leal's successor after she became a a district judge. But before she left, Emma writes that "Leal entered an order granting summary judgment for the Cardinal Health-related entities and binding the plaintiffs to the settlement. Rosenthal then filed a motion for a new trial and Leal denied it Dec. 28, 2006. She left the county court on Dec. 31, 2006, and on Jan. 1, 2007, began her term as a state district judge..
Robles, who later became Solis’ law partner, was the local presiding judge for the county courts. Wynne noted that Robles transferred the case to his own court and vacated Leal’s orders without explanation."
A secretary who spoke to the FBI told agents that she had personally witnessed Solis type out the alleged McDonald affidavit on a courthouse word processor in Robles' office authorizing the transfer of the case from McDonald to Robles. The story does not say whether the Solis affidavit was actually considered or entered by Robles into the case record as the justification for the transfer and the vacating of Leal's orders.
When defense attorneys found out, they moved to recuse Robles from the case and succeeded, but his orders remained in effect and Rosenthal eventually reached a settlement with the company when their appeal reached the Texas Supreme Court.
Wynne also told the court that McDonald denied he ever spoke to Solis about an affidavit or signed one authorizing the transfer of the case. To the federal prosecutor, “this incident and the evidence relating to it provide additional proof of Rosenthal’s knowledge of what his subordinates were doing and his involvement and unwillingness to refrain from manipulating court proceedings."
If you remember, we always wondered why Robles resigned after 10 years on the bench in 2009 halfway through his term to go into private law practice with Solis. Here's his swan song dated Feb. 27, 2009:
“There are a few factors that have led me to this decision; the inadequate compensation of Judges is a major consideration... My wife and I have two (2) teenagers at home who are a few years away from beginning their college careers. I plan to dedicate the next few years in private practice to work tirelessly to adequately provide for them."
Having the San Benito and Harlingen buddies manipulating cases in local courts for their own benefit is one thing. It is a far reach to prove that Rosenthal was pulling the strings. Could it have been that Solis and Robles were just being Handy-Andies pulling the strings to steer cases to a profitable end for themselves?Robles told Emma that "the truth of the matter is that the only reason that I transferred the case is because McDonald himself asked me to in his chambers,” and denied ever talking to McDonald about an affidavit.
As the Limas and associated corruption cases go through the courts, it has become evident that Solis and his contacts in the local courts were busy little goblins in the process of lining their pockets. Can the government prove that Rosenthal, up in Austin, directed Solis to forge the McDonald affidavit to keep the case alive? Or could it have been Solis at his own initiative taking matters into his own hands and seeing his chance and taking it?
Rosenthal is already charged in a 13-count federal indictment accusing him of conspiring to bribe Limas and bribing witnesses, filing fraudulent personal injury cases in state and federal court, directing others to pay for the referral of cases, make arrangements to manipulate the random case assignment system at the Cameron County District Clerk’s Office, and pay witnesses to provide false testimony and statements.
Is it really possible that his control could have been so all pervasive that he could oversee all the goings on at the county courts while he was body building and suntanning in Austin?
Wynne might find hard to make Judge Andrew Hanen believe it and include the local manipulations by Solis & Company into evidence against Markie Boy.
Wynne might find hard to make Judge Andrew Hanen believe it and include the local manipulations by Solis & Company into evidence against Markie Boy.
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