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UPDATE: Harlingen Texas Ranger Accused of Perjury by Defense Counsel
Please note, the information contained in this publishing is from an official court filing in the 445th Judicial District of Cameron County, Texas. The information herein is based upon the signature of Ernesto Gamez, Jr. and the Law Offices of Ernesto Gamez, Jr., P.C.
We initially reported accusations by defense counsel for Solomon Campos that a Texas Ranger stationed in Harlingen, Texas may have perjured himself in courtroom testimony.
Mr. Campos is facing charges related to the disappearance of attorney Ernesto Gonzalez.
What is Perjury?
The Texas Penal Code identifies perjury under section 37.02 and provides the following:
Sec. 37.02. PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Texas also has an elevated section of perjury under 37.03, which states the following:
Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.
What is the Defense Counsel Claiming?
On March 1, 2023, the defense counsel for Mr. Campos filed a motion entitled “Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc.”
The motion details official testimony made under oath and directs the focus on whether Texas Ranger Raul Garza used a Confidential Information for the cause on Mr. Campos or if the abbreviation of CI symbolizes a component of deceit and knowledge within the Texas perjury statute.
The defense counsel quotes the following:
Under Oath, RANGER’s Three Separate Denials of Confidential Informant Knowledge and Utilization
Q. Excellent. So my question is this, did you use a confidential informant in this case?
A. No, sir.
Q. You did not?
A. No, sir. (Tr. Pg. 84, Ln. 21-25)A. I’m just saying, to my — I don’t – no, there’s no
Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc., Cause No 2022-DCR-01764, Filed March 1, 2023
confidential informant used in this case. (Tr. Pg. 85, Ln. 22-23)
The defense counsel went on to state Texas Ranger Raul Garza admitted a document presented to him in the hearing (titled Request for Technical Assistance) amounted to a government document with his signature and documentation of an abbreviation of C.I. on the form.
The defense counsel goes on to state when Texas Ranger Raul Garza was confronted with his conflicting sworn testimony, Texas Ranger Raul Garza changed his statement, stating he didn’t remember filling out the Request for Technical Assistance form, he used to order an undercover spy watch for a confidential information.
Q. Are you saying that you don’t remember now?
Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc., Cause No 2022-DCR-01764, Filed March 1, 2023
A. No, I don’t remember filling this out. (Tr. Pg. 94, Ln. 8).
The defense counsel claims Texas Ranger Raul Garza changes his testimony, while under oath, and this time he confirmed the Request for Technical Assistance was intended for a Confidential Information and was submitted with no intention to mislead the Texas Rangers Department.
Q: And you said for confidential informant?
A: That’s just – I was being figurative, or being brief. Obviously, I put the word confidential informant. So I was being brief.Q: Not obviously. You put confidential informant.
A: Yes. (Tr. Pg. 96, Ln. 13-18)Q. It doesn’t mean anything else, but confidential informant. Or did you lie to the person when you asked for this for the Rangers?
Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc., Cause No 2022-DCR-01764, Filed March 1, 2023
A. No. I’m used the term confidential informant as confidential informant. But that’s just being brief on a piece of paper. (Tr. Pg. 101, Ln. 10-15)
Heightening the argument, the defense counsel states Texas Ranger Raul Garza confirmed under oath the form was correct, official, and approved by a Major for the Texas Rangers.
The defense counsel stated Texas Ranger Raul Garza believed there was relevant and important information that could be extracted through the requested C.I.’s spy watch, which would help investigators on the case related to Mr. Gonzalez’s disappearance.
Q. What did you want the watch for? To record?
A. To record. And now I’m recollecting… I don’t know. For maybe to record a conversation that they could utilize to maybe help find Ernesto. (Tr. Pg. 96, Ln. 22-25 and Tr. Pg. 97, Ln. 1)Q. I got it. And you wanted that recording because it was relevant? Allegedly relevant?
A. Yes, sir.Q. And important to you?
Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc., Cause No 2022-DCR-01764, Filed March 1, 2023
A. Yes, sir. (Tr. Pg. 97, Ln. 6-10).
The Defense Counsel’s Stance
𝐑𝐀𝐍𝐆𝐄𝐑′𝐬 𝐭𝐞𝐬𝐭𝐢𝐦𝐨𝐧𝐲 𝐜𝐥𝐞𝐚𝐫𝐥𝐲 𝐝𝐢𝐝 𝐧𝐨𝐭 𝐢𝐝𝐞𝐧𝐭𝐢𝐟𝐲 𝐨𝐫 𝐝𝐞𝐟𝐢𝐧𝐞 𝐡𝐢𝐬 “𝐂. 𝐈. ” 𝐚𝐬 𝐚 “𝐂𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐧𝐟𝐨𝐫𝐦𝐞𝐫” 𝐨𝐫 “𝐂𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐧𝐠 𝐖𝐢𝐭𝐧𝐞𝐬𝐬
If any investigator who negates RANGER’s sworn testimony or alter the interpretation laid out by RANGER would be an attempt 𝐭𝐨 𝐚𝐥𝐭𝐞𝐫 𝐭𝐡𝐞 𝐞𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐬𝐰𝐨𝐫𝐧 𝐭𝐨 𝐛𝐲 𝐓𝐞𝐱𝐚𝐬 𝐑𝐚𝐧𝐠𝐞𝐫 𝐑𝐚𝐮𝐥 𝐆𝐚𝐫𝐳𝐚. To allege that he was confused or mistaken would venture to manipulate the truth for some particular purpose.
Additionally, RANGER was certainly not confused or forgetful as he discussed the present Texas DPS Confidential Informant Program and thoroughly explaining their standing policy and procedures (Tr.Pg.85,Ln.2−14). Defendantallegesthat Ranger Garza circumvented and failed to abide by said policy and procedures for his alleged “C.I.”.
As a Cooperating Informer or Cooperating Witness, RANGER would not need to leave the informant out of his Narrative Detail Report and any other documentation. Thus, failing to identify and describe the informant throughout RANGER’s entire report, RANGER clearly establishes his intention to maintain the informant as confidential.
Thus, RANGER’s sworn testimony denying his utilization and/or use of any C.I. is contrary to his factual, personal signature present on his formal Request intended for his Confidential Informant.
Motion to Produce All Missing Relevant and Material Supplemental Narratives, Case Reports, Videos, and Audios Pursuant to Art. 39.14 of the Tex. Code Crim. Proc., Cause No 2022-DCR-01764, Filed March 1, 2023
What Happens Now?
The defense counsel is requesting the Court make available all missing relevant and material supplemental narratives, case reports, videos, audios, and evidence pursuant to Article 39.14 of the Texas Code of Criminal Procedure.
It will be up to the Honorable Judge Gloria Rincones whether the motion will be granted; as well as, whether the claims being made by the defense counsel need a further look.
Again, the information contained in this publishing is from an official court filing in the 445th Judicial District of Cameron County, Texas. The information herein is based upon the signature of Ernesto Gamez, Jr. and the Law Offices of Ernesto Gamez, Jr., P.C.
A Couple of Our Other Reads
You may be interested in our story on a Cameron County Jailer that was arrested.
Or you may find our story on a Harlingen area Veterans Affairs hiring a non-medical doctor to be the Chief of Staff.
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