Claiming that former Mazz frontman Joe Lopez has not exhausted hi post-conviction remedies under Texas law, Cameron County District Attorney Luis Saenz said he will go to court to deny Lopez's attorneys the DNA evidence and information they seek.
Armed with a Texas Attorney General's opinion that basically states that "the district attorney's office must withhold the submitted information in its entirety..."That information consists of files, reports, records, communications, videotapes, and working papers used or developed in an investigation of alleged child abuse under Chapter 261," the AG order states.
Notwithstanding the AG's ruling, Saenz states in his motion to deny Lopez the information he sought was not based on his decision to withhold if from him, but rather, because of Lopez's "failure to show that he has exhausted all his post-conviction remedies."
Saenz noted that the writ of habeus corpus Lopez filed with the 13th Court of Appeals had been dismissed and not denied on procedural grounds. He further stated that Lopez and his defense had yet to file a motion for Post-Conviction DNA Testing under Chapter 64 of the Texas Criminal Code.
Once those remedies are exhausted, Saenz implied in his motion that the Cameron County DA's office would probably comply with the writ of mandamus and hand over the evidence requested by Lopez and his attorneys.
A hearing on the matter is scheduled for April 12 before Visiting Judge Federico G. Hinojosa after 445th District Judge Rolando Olvera recused himself from the case due to his personal relationship with DA Saenz.
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