need advise

[ELIZABETHP]

October , 1999

My name is Elizabeth Prado, I am a single mother of four and a Grandmother to many. I have 3 daughters and 1 son. In October of 1999 I lost my son to our Texas prison system.
I have a story I would like to share. My story is about my son Jesse Albert Soto (19 yrs old) and his Attorney, Judge and Prosecutor. The conduct of this group of people was very unprofessional, unethical and a rip off.

My main complaints are:
1. Mr. Layne Harwell (Jesse’s attorney) did not represent Jesse in court, he did not do what he said he would do for $10,000
dollars.
2. Mr. Harwell allow another attorney (Otila Saenz Boddy) conduct the entire trial. Mr. Harwell did ask for our approval the Friday before the trial (because she would help the case tremendously). He also asked for an additional $700.00 for (Otila Saenz Boddy). We didn’t pay this amount.
3. In a 3 year period we gave Mr Harwell $ 14,000 dollars.
4. The $ 4,000 dollars was for another separate case. Which he did not handle because we suspended him. We hired Robert Ford for an additional $ 5,000 to present Jesse on the same case.
5. In writing I asked Mr Harwell to return all or partial of this total amount. He has never returned my calls or in writing responded.
6. The behavior and unprofessionalism of the judge (Everett Young) Prosecutor (Susan Hargas).



My story:

In 1996, Jesse got in trouble, he and some friends were out one night, a car followed them and then stopped at a light. All the guys got out, Jesse shot a gun in the air hoping to scare the guys away, a bullet hit one of the guys sitting in one of the vehicles. Jesse calls me from Jail (then 17 yrs old) that he is in trouble.
My mother and I set out to find a good lawyer. We do not know were to start, someone recommended Layne Harwell. We go to consult with him; he said this case would be easy. No way they would convict Jesse of Attempted Capital Murder. My mother gathers 10,000 dollars from all her credit cards and I take it to Mr. Harwell. Supposedly, he is a very good trial lawyer. He told us he would hire a private investigator to talk with all the persons involved, he and Jesse would go to where it happened and Jesse could tell him the whole story, “ He would prepare a good case”. He did none of the above. The only thing he did was to postpone the trial for three years and make us believe it gave him a better chance of getting Jesse a lesser charge. Well, this attorney did sit in the court room during the trial (4 days).
One day before the trial he told us he wanted to have another attorney to assist him (Otila Saenz Boddy) formally with the DA’s office. He needed 700.00 dollars for her fees, which I have not paid. We agreed, because he said, this attorney is a female, Hispanic and a good attorney and this would benefit Jesse tremendously. Since the trial, I have heard from a reparable attorney “that she is as worthless as the come”.
This new attorney winds up the only attorney representing Jesse. My God, she didn’t know Jesse or had ever sat down with Jesse to talk about the case. During a courtroom break, she assured me she would take the files home, that night and review them. For a case that carrys this many years (60). I would think you should have been well prepared? Well, the next day was not better. She Stoddard, signed, paused, and fumbled for words the whole week of the trial.
The Judge (Everett Young) and the Prosecutor (Susan Hargas) both, made gestures, smiled and smirked at each other all week during the trial, over the humiliating situation (clueless new attorney and Harwell sitting through it).
Jury gave Jesse Albert Soto, 23 years aggravated; this means he has to be in prison at least 11.5 years before being eligible for parole. We feel lucky and believe that the jury took pity on Jesse, because of the obvious unethical conduct of these people. The Prosecutor (Susan Hargas) asked for the maximum, 60 years. Mr. Harwell let this court send Jesse to prison with out a defense.
We paid him to defend Jesse, to try to keep him out of prison , or get him a more suitable charge for the offense.
The day I left the courtroom after they sentence my son and they took him away, I knew I had to tell someone this story.
1. Mr. Harwell took our money and humiliated Jesse, Jesse’s family and the judicial system.
2. The judge, I believe should have not allowed this behavior in his court.
3. Prosecutor accomplished her job (to put people in prison) but her behavior was very unprofessional and uncalled for.
(With one hand on her hip she would look over at Jesse’s family and stare, moved her head side to side and looked at us so disgusted, what was that for?).
4. Peoples lives are at stake in those courtrooms, I believe that Judge, Prosecutor and attorney knew the out come before the end.
5. My son was 20 years old at the time they gave him 23 yrs (more years than he has been alive).

It is very hard to lose an active family member this way. Especially a kid, one you have worked with all along the years. Jesse was on his way to a better life. Maybe you can see why this has devastated myself, wife, child, grandmother, sisters, and entire family that helped me with him all of his growing up years.
I would like to ask If you would please investigate my allegations. My whole family needs the closer, so we can begin to heal from humiliation, disappointment in our Judicial system,
the shock of the trial, the feeling of being robbed and lied to and most losing my son to our prison system. I need to put this behind me, and just be support for my son.
When this all happened Jesse was married, had a little house, working with his father in-law and had just had their son
I just need some answer for my mind and heart to rest.
They did not want this known at the trial. The prosecutor put me on the stand and when I began to tell her the good things about Jesse and mentioned his son. She said in shock, “he has kids, I am finished, get down. Jesse was never put on the stand to defend him self. But the prosecutor had at least six persons plus police officer (s) to testify against Jesse, which in many cases they couldn’t identify him or did not know him or where not sure it was Jesse. Mr. Layne Harwell (attorney) never lead my son or myself to believe this would happen.
Is what this Attorney, Judge and District Attorney do legal and ethical? (all paid by my family’s tax dollars)


I pray to God you choose to investigate this story and tell us that they did nothing wrong and it is totally legal or just for someone to tell me that what I feel is justified. It would give Jesse and all his family the strength we need to endure the years he has to be in Prison.

Of course, his wife has now stop writing and visiting Jesse. Not, that I blame her, It just makes it that much more hurtful. His children will grow up with out knowing him and not having a father.
Just like Jesse what a cycle?



Jesse’s Mother,
Elizabeth Prado

[Shortie]

Your story is all to familar for the judical system. You can never predict the out come of a trial. How ever I have to say that I was appauled by your story. I can not say what to do but I would go to the media and see what can be done. Someone has to stop the corruption with lawyers, prosucutors and judges....

Bring some heat to the issue and see what happens. Also contact the State Bar for Attorney and find out about the moeny issue.

Good Luck and I hope this helps.

[jdswifey02]

Isn't misconduct grounds for an appeal/possible new trial?? I don't know if this would be an avenue you would want to pursue.. but it may be another possibility to investigate. I have to agree with Shortie that your experience is FAR too common... But definately try to make your experience as public as possible. If nothing else, getting the word out may prevent another family from having to experience the same thing by the same hands!!

[sherri13]

Hi Elizabeth- I am so sorry to hear about what happened to your son. I don't know exactly what specifically can be done in this case, but i agree with some of the ideas some other members have mentioned--I know that incompetent representatuion can be challenged and he can possibly get a new trial. It may be helpful at some point to go public, but i would first consult with a GOOD attorney ( I would do some research beforehand on your attorney choice) I hope things work out, and remember , we are here to support you any way we can


sherri

[soraya]

dear Elizabeth, the story does indeed sound very familiar, but unfortunally that doesn't take away any of the hurt and anger. Misconduct can indeed be a reason to fill for a new trial. Ineffective assistance of appeal counsel, the defendant was denied his constitutional right to effective representation by his attorney, who failed to adequately investigate your sons trial case, and failed to present evidence outside of defendant trial transcrips?
his counsel had to keep your son informed about his case, prepare him for trial,....

I'm working on a case like this too. if you decide to try and go for a new trial, while preparing this, it might help to write some letters to his judge, explaining what you believe happened and that you think the only fair thing to do is a new trial?

[Budwoman]

ELIZABETH:

BLESS YOU.... HOW MANY TIMES I HAVE HEARD THIS VERY THING OVER THE LAST 12 YEARS, IT IS UNREAL.

MY SON, HAD AN ALCOHOLIC ATTORNEY WHO WAS DRINKING DURING COURT. NOT ONLY DID HE TRY HIM BUT HE WAS INVOLVED IN SEVERAL CAPITOL CASES THAT RECEIVED THE DEATH PENALTY.

ONE OF THE GUYS WAS EXECUTED IN AUGUST 1991. HIS APPEAL ATTORNIES HAVE FILED A COMPLAINT WITH THE NORTH CAROLINA BAR ASSOCIATION ABOUT THIS ATTORNEY. ( HE STILL PRACTING LAW)

WE ARE TRYING TO GET HIM DISBARRED. THE BAR ASSOCIATION HAS CALLED ALL PERSONS WHO USED THIS MAN AS A COURT APPOINTED ATTORNEY BETWEEN THE YEARS OF 1989 TO 1998. HE HAS CALLED US ALL. THERE SEEMS TO BE A HEARING COMMING UP IN A COUPLE MONTHS.

IF THEY DO DISBAR HIM, ALL PERSONS WHO HAD HIM AS AN ATTORNEY WILL HAVE THE OPPORTUNITY FOR A RETRAIL.

CALL YOUR STATE BAR ASSOCIATION. ASK A FEW QUESTIONS ABOUT THIS ATTORNEY. IE HAS HE HAD ANY COMPLAINTS FILED AGAINST HIM ETC. IF HE HAS, THEN FILE A FORMAL COMPLAINT OF YOUR OWN. INSURE YOU HAVE PAPERWORK TO PROVE WHAT YOU ARE SAYING. THEY WILL NOT TAKE HEARSAY. YOU MUST HAVE PROOF.

I TOO, AM A MOTHER OF THREE SONS. MY MIDDLE SON IS THE ONE IN PRISON.... HE HAS BEEN THERE 12 YEARS. WE ARE SO HOPING THAT THIS RETRIAL THING COMES THROUGH.


MY BEST TO YOU !

DONNA

[bella]

Elizabeth,
Not only have I heard this story many many times, Marco and I went through a similsr situation. His attorney was paid a large amount of $ to get his charges lowered and he agreed to plea bargain. He had three charges and in the contract it states she will represent him for all three. However, the day before court (after she kept postponing the case) she said she could not be present due to scheduling conflicts. A public defender was present not even one of her associates. She never had the charges lowered and she also told Marco that he would get credit for all timed served which was 270 days. Well he ended up with 24 days credit. After Marco plead out he found out he had 30 days to take back the plea. We both spend 3 months trying to contact her. At that point we were both livid. I had a consultation with another attorney and he stated that we have a case against her and have a good chance of re-opening Marco's case but he wanted a LOT of $ that with one income (mine is a lot less than his was too) we cannot afford to do right now. I decided to call the state bar association as well as the american bar association. I just received notice that this attorney has agreed to mediation. I don't want my $ I want my fiance and the time served he rightfully deserves. However, I look at it this way, she wasted a lot of my time and some years to come. I now have nothing to do except spend my time wasting hers! This is the first step.
You need to contact both the Texas bar ASSoc. and the ABA. Start at that level and see if it helps. If not I agree with the others, call the media! Write the judge, the govenor, the senate, etc. etc.
That lawyer thought if she ignored me I would go away, maybe some people get fed up and do. Not me, I will do to her exactly what she did to me. If Marco and I gain nothing from it, we both agree that atleast next time she will think before doing it to someone else.
Good Luck and don't give up!
Michelle

[ELIZABETHP]

Thank you all for taking the time to respond. I am really determined to not quit so thank you for your encouragement. I have mail and faxed copie of my letter to the media ( i received no responses), I sent it to Oprah (i received no response). I did file a complaint with the Bar Association and their response was that their findings was that the had not found anything Unethical in my complaint. I was shocked when I got the verdict. Several of you have mentioned a new trial. Honestly that is a very scary thought for us right now. The thought of another trial and the chance they may give him more than 23 years ( DA ASKED FOR 60 YEARS). My son would like to find out how he can get a " time cut". Any advise and comments are very helpful. Thank you, I have been seeking to find a place and people that understand and are going through similar situations. He was convicted of Attempted Capital Murder and in reality he didn't really know the people but he shot a gun toward a car when tthat car stopped (my son feared they would harm him. Is that the definition of Capital Murder? Then he toke a plea bargain (15 years) on a " Armed Robbery" charge, in this case his girlfreind shoplifted a light bulb and when an employee tried to detain her, my son grabbed her and the got away. Is that armed robbery? I have such a problem with all this.

[Amelia]

Elizabeth...I am so sorry that you are enduring such a terrible time...I do not know much about the legal system ..i am only just learning..BUT we had similiar problems with our lawyer and have since hired a new one who has investigated and found there to be grounds for appeal that things weren't done RIGHT...I advise you to try and find a lawyer you can trust (might be hard) and see what they say can be done but whatever you do please dont lie down and take this....THere is so much UNJUSTICE in the "justice " ytem that it makes me sick...keep your head up and EXPECT A MIRACLE!!!! GOOD LUCK!

[Amelia]

here is my attorney's number if you like give him a call..he is very honest and straight foward perhaps he can shed some light on your situation..956-630-2000 reynaldo merino...we are in texas as well so he will be familiar with our laws...good luck again!

[Budwoman]

Elizabeth:

Have you guys filed any appeals? If not, get a good attorney in your area and sit down with proof in black & white and file the appeal. Sometimes even that does not work but its worth a try.

Always remember to document anything about your son's case. Any info, even if it seems unimportant, keep records on it. Items in the paper, things people say to you about the case, write them down and keep them. It's a lot of work but it pays in the long run.

Good Luck!!!

Donna