Family Law Case in Limbo
By Gregg Wendorf
Advance News Journal
Say what? The woman with Stage IV breast cancer who is getting divorced still has no money from the long marriage she shared with her husband after putting him through dental school even though he’s the one who filed for a divorce?
That’s right. Lucky for the dentist, his case was filed in Hidalgo County where all sorts of games can be played in an attempt to thwart justice. Just my opinion after watching cases play out in this county for 40 years.
Actually, I think with regard to the practice of law, weird stuff takes place all over the country, the world. It’s not just endemic to Hidalgo County, but it’s what I know best.
Actually, unfair legal opinions have been rendered here much longer than 40 years if you include the 1960 murder of McAllen teacher Irene Garza and the coverup perpetrated by the Hidalgo County DA at the time, Robert Lattimore, the sheriff, E.E. Vickers, and some in the Catholic Church hierarchy. Priest kills teacher, dumps body in irrigation canal. Just let him walk by turning him over to the church, while the family is left grieving.
County Justice
In the real world of law, as the saying goes, the wheels of justice turn slowly, but they grind exceedingly fine. Meaning, of course, that the justice system may take a long time to reach a resolution, but when it does, it aims to be thorough and deliver a fair outcome.
In Hidalgo County, not always, but way too often, the wheels of justice do indeed turn slowly, but they don’t grind exceedingly fine. They just grind down people until they’re beaten into submission. Feeling hopeless, many simply give up, and go home, while the attorneys collect their money, slapping each other on the back for a job well done, cracking jokes with the judge, often a longtime friend or family acquaintance.
In the two stories I wrote about the dentist and his wife earlier this year (January) not only does the dentist want a divorce, but he’s also facing a criminal trial in the 139th (Judge Bobby Flores). According to the indictment, he threatened his wife with bodily injury and then brandished a gun. With the couple’s children present.
Also, according to the indictment, he struck his wife with his hand.
Those two crimes allegedly took place June 10, 2021, in Mission. The dentist was arrested by Mission police Aug. 24, 2021, and the indictment was finally filed May 16, 2023.
All told, the husband was charged with two felony counts involving aggravated assault and assault with a deadly weapon.
Today, that criminal case still languishes in the 139th, and now the dentist’s two attorneys, Robert Salinas (lead attorney) and Katie Klein (who’s also handling his divorce), are asking for a bench trial. That request came about just before a jury trial was set to begin last month.
That seems odd in and of itself, since most defense attorneys prefer a trial by jury because most typically believe 12 jurors might be more understanding of the defendant's situation and more likely to acquit.
The bench trial is now set for next month.
The Divorce Case — Nepotism?
After years spent presiding over the divorce case involving the dentist, in which the woman with serious health concerns (the Respondent) was trying to get her husband (the Petitioner) to split community assets, per Texas Family Law, state District Court Judge Joe Ramirez (the 464th) suddenly recused himself from the case last December. No reason given; no reason necessary, even though Judge Joe spent more than 2.5 years presiding over the case that never went anywhere.
Now the Starr County-based judge since assigned to the case, Romero Molina, has done little to move the family-law case forward. The wife still has no money from the pot, so to speak, that is rightfully hers under Texas family law.
Plus, she has no way of knowing how much of the family assets her husband has already spent as he vacations in exotic locales, posting vacay photos on Facebook.
Meanwhile, one of the attorneys (Rick Salinas) representing the female respondent pro bono in the divorce case, along with Calixtro Villarreal, recently ran into trouble in Hidalgo County Court-at-Law No. 4, which is the home of Judge Federico “Fred” Garza who just so happens to share a longtime personal relationship with the sister of Judge Joe Ramirez. She also serves as Judge Garza’s court coordinator.
Some folks around the Hidalgo County courthouse claim that’s a form of nepotism, while others say the court coordinator is “grandfathered in” because she worked for Judge Garza before their personal relationship allegedly began in earnest many years ago.
Judge Fred Slams Salinas
During a family court hearing April 24, last month, in Judge Fred Garza’s court (No. 4), it would appear that the judge was making reference to the dentist- divorce case. At least that’s how Salinas sees it.
I’d call Judge Ramirez for his take on the matter, but courts won’t comment about ongoing cases, or most cases for that matter.
Meanwhile, Salinas told the court that he was going to file a motion for Judge Garza to recuse himself from the case and also file a Writ of Mandamus. In the practice of law, a Mandamus is filed in hopes of getting a higher court to force a lower court to do what an attorney deems warranted. In this case, Salinas was asking the court for a record, which the judge wouldn't grant. In addition, based on comments coming from the bench, Salinas felt that Judge Fred Garza was being partial when he spoke to opposing counsel – “Whatever you want, it’s granted.”
When Salinas told Judge Fred that he was going to file a motion to recuse and file a Mandamus, Garza said, “… you usually file those things anyways…you love it…you’re known for that…” Salinas responded: “…because I see justice. I see what’s right.”
Judge Garza: “Yes. Yes. Your justice.”
The case in question had to do with a child-establishment case involving a dad who was set to have his son for 30 days over the summer. A first. The grandfather was terminally ill, so it was important, said Salinas, that the visitation be allowed to take place.
The opposing counsel said the 30 days wasn’t going to work because of a family reunion.
Salinas said the 30-day time slot had been in the works for a while and that the reunion should have been planned around the dad’s visit.
More to come.