Lawyers for incarcerated lead singer Joe Lopez of Mazz say they will file an writ of mandamus in the 357th Court against former Cameron County District Attorney Armando Villalobos to force him to disclose DNA results they say may exonerate him for his 2006 conviction for sexual assault.
This is the latest attempt by the front man for the legendary Super Grupo Mazz of Brownsville to gain his freedom.
In May, 2010, the appeal for as new trial for the 61-year-old musician who is serving a 20-year prison sentence for sexually assaulting and molesting a 13-year-old girl was turned down by the Texas 13th Court of Appeals.Lopez is eligible to apply for parole in 2016.
The Tejano star, whose real name is Jose Manuel Lopez, had been fighting for a new trial since his October 2006 conviction.
According to his Houston appeals attorney Timothy A. Hootman, Villalobos failed to provide the defendant with all the DNA and other case evidence used in his conviction even after Lopez filed the Open Records Request back in Nov. 26, 2012. Twelve business days after the request, on Dec. 12, 2012, Villalobos asked for a Texas Attorney General's Opinion asking if he could withhold the evidence that put Lopez in prison.
His attorney says that "essentially, (Villalobos) is claiming that a person who has been convicted based on DNA evidence should not be allowed access to the DNA evidence pursuant to an open records request, even though that evidence would show innocence of the offense for which the wrongfully convicted defendant is being held in prison."
Villalobos faxed Hutton a copy of his request for an AG's opinion on Dec. 14 opposing the release of the information.
Lopez's attorney charges that because Villalobos' failure to comply with the statutory deadlines (no later than 10 business days) to notify the AG and Lopez of his desire not to produce the requested information, he waived the right to assert those objections via the doctrine of procedural default under Texas Government Code, Section 552.301.
Hutton claims that when a governmental unit desires to oppose an Open Records Request, it must do so timely, and if it fails to meet the deadlines for objecting, the objections are waived.
Since Villalobos failed to comply with the Act in a timely manner, Hutton is asking the court to sing an order granting Lopez's request for a writ of mandamus and does not ask for monetary relief other than costs and reasonable attorneys fees, which are significantly less than $100,000.
His brother Raul said the request for the case and DNA information might uncover exculpatory evidence that may have been withheld and could exonerate Joe.
"We are praying that we will find evidence that was not brought up in the trial," he said in a statement.
In an interview from prison with River City Attractions reporter Ramon Hernandez, Lopez claimed that "...all the evidence – Harris County Juvenile Probation Department Medical Department records, her facebook.com images and other damaging information — against the alleged victim was inadmissible because she was then a minor."
Lopez, while eligible for parole in 2016, is still looking at a 2038 release.
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