Mayor check scandal

While the Cameron County District Attorney's Office decides if a grand jury indictment should be sought against Mayor Pat M. Ahumada Jr., the mayor's attorney suggested a special prosecutor is needed.

"When I was with the District Attorney's Office, they would frequently ask for a special prosecutor if the case involved an official with a government entity," said Ahumada's attorney, John Blaylock, a former first assistant district attorney.

Blaylock put on his former prosecutor's cap when asked this week how DA offices handle cases involving public officials.

In the case at hand, Ahumada allegedly deposited in his bank account a $26,139 check that the city issued to a vendor in New York.

Blaylock said that cases involving public officials "can cause hurt feelings" between the District Attorney's Office and government entities and thus, that's why district attorneys here frequently recuse themselves and ask for special prosecutors.

This week, Brownsville Police Department Chief Carlos Garcia turned over the results of an investigation into the check to DA Armando Villalobos.

In the past Villalobos and former DA Yolanda de Leon recused themselves from prosecuting several cases involving city and Cameron County officials, citing their close working relationships with the agencies.

"I don't know what the district attorney is going to do, but based on my experience in the past, it wouldn't be uncommon (to recuse himself). I would think it would be reasonable," Blaylock said.

Villalobos declined to comment, according to his spokesman.

Blaylock also said that he thinks it would be fair to offer the mayor the opportunity to address a grand jury if Villalobos decides to seek indictment.

"It's a case that sort of hinges on whether it was a mistake or deliberate behavior," said Blaylock, referring to the deposit of the check.

Richard B. Roper III, former U.S. attorney for the Northern District of Texas, expressed similar sentiment.

"It all boils down to his (the mayor's) intent. Did he have the intent to defraud and cheat somebody," said Roper, commenting on the police inquiry's findings as relayed by The Brownsville Herald.

The check carries Ahumada's apparent endorsement and not a falsified signature of the vendor.

"That would obviously be a factor in determining if he had the intent to cheat or defraud somebody," Roper observed. "It sounds like a difficult case," added Roper, who recently joined the Dallas office of Thompson & Knight, specializing in white-collar criminal litigation.

Roper said if the check was stolen from the mail, it could be a federal case. It also would be if someone else stole the check and the mayor accepted it.

Garcia said his investigation did not uncover how the check got to the mayor.

The police chief also turned in a copy of the investigation to the FBI. Assistant Special Agent-in-Charge John A. Johnson of the McAllen office clarified why the FBI chose not to investigate the case.

"I want to emphasize that the Brownsville Police Department thoroughly and completely investigated this matter. There was no need for us to investigate because they had done such a thorough job. They really covered every base. Why get us involved when they had done such an outstanding job," Johnson said.

"The DA wanted the opportunity to review the case (for possible prosecution) and we felt there was no need for the FBI to get involved and not necessarily because it's a low amount of money," said Johnson, clarifying a prior statement from the FBI San Antonio office that the amount was below the threshold that prompts a federal inquiry.

"A violation of trust (rather than a financial crime) is the most important thing and you can't put a price on that," Johnson said.

He said that since the state is so far ahead in addressing the case "it should run with it."

Earlier this week Ahumada said he would defer comments until the situation is resolved: "I'm the one who asked for the investigation. I've cooperated and I just want the process to be completed."

He added, "I've always stood for what is right and my record speaks for itself. I've never gained (from public service). I think people know me. I'm not worried."