Christopher Maher

Alice Echo-News Journal

One day before a trial is scheduled to be held on the election contest for the Pct. 1 Justice of the Peace race, attorneys for both candidates continued to fire a number of motions and petitions at each other.

Guadalupe Martinez was declared the winner in the March 4 Primary for the seat by nine votes over challenger Juan Rodriguez Jr.

Shortly after a recount was held, however, Rodriguez filed suit contesting the election results, and a trial on the matter is scheduled to be held before District Judge Nelva Gonzales-Ramos tomorrow.

After he was served with a notice on April 3 informing him he was being called to give a deposition in the case, Martinez filed a motion to quash that notice through his attorney, Jaime Garza.

Martinez’s stated reason for refusing the deposition was that the request came after the deadline for discovery established by the court. In addition to that reason, Garza objected to the time of the deposition, because he was scheduled to be in court to represent J.C. Perez III against Oswald Alanis in a similar case at that time.

In dealing with a similar issue, Rodriguez’s attorney, Edward Snyder has asked permission from the court to take deposition from two canvassers, Zaida Bueno and Irma Gutierrez, although the deadline for doing so has already passed.

According to court documents, Bueno had been staying in Houston until she recently returned to Alice, and Snyder had been unable to take a deposition from Gutierrez because he was receiving depositions from other individuals.

In response, Garza once again asked the judge to quash the notice to depose Martinez, and asked the judge to deny Snyder’s request to get depositions from Bueno and Gutierrez.

In his request that the judge throw out those items, Garza stated Rodriguez filed a “frivolous lawsuit” by contesting the election. To support that argument, Garza included a partial transcript of Rodriguez’s deposition, in which he was asked repeatedly to name specific voters who were defrauded of their right to vote, or of specific vote canvassers who committed fraud.

Rodriguez declined to do so in the portion of the transcript provided in court documents.