Whose witness is he?

El Paso solo Gary Hill has been trying to withdraw as a criminal defense attorney for Manuel Barraza, the suspended El Paso judge charged with making a false statement to federal agents as well as with wire and mail fraud and the deprivation of honest services. At an Oct. 8 hearing, U.S. District Judge Frank Montalvo, who presides over United States v. Barraza, denied Hill’s motion to withdraw from the case. On Oct. 15, Hill filed another motion to withdraw as Barraza’s attorney, asserting in that motion, “Counsel of Record would advise this Honorable Court that it has become evident that he will be called as a material witness in the cause.” But in a response filed with the district court today, Antonio Franco Jr., an assistant U.S. attorney prosecuting Barraza, asserts that “the Government is not aware of any circumstances where Mr. Hill would be a witness on behalf of the Government.” In his response, Franco requests a hearing to determine Hill’s "materiality as a witness in this cause.” Franco declines comment, and Hill did not immediately return a telephone call seeking comment. Houston solo Mervyn Mosbacker, who became Barraza’s attorney earlier this month, also did not return a phone call. Barraza, who became judge of the El Paso Criminal Court No. 1 in January, faces a Nov. 2 trial. As alleged in the April 1 indictment, Barraza solicited, agreed to accept and accepted bribes in the form of cash and sexual activity in exchange for his decisions, recommendations or other actions on cases. Seana Willing, executive director of the State Commission on Judicial Conduct, says the commission suspended Barraza on April 2.
-- Mary Alice Robbins