Herrera Found Guilty But May Appeal

POSTED: Friday, March 27, 2009 - 5:38pm

UPDATED: Thursday, February 25, 2010 - 12:32pm

The case may not be over for the 18-year-old convicted of manslaughter. The Cameron County District Attorney's Office now fears Herrera may have good grounds to file an appeal. A conflict of interest is in play with the judge presiding over the case, Migdalia Lopez, who recused herself from the manslaughter case this morning.

“If the case has to be retried, it's going to be a waste of time and money for taxpayers to try the case all over again.”

Here is why it is a concern: State Judge, Migdalia Lopez, presided over Herrera’s case and the defendant was represented by Noe Garza. Well Garza is currently representing the judge in another matter in Willacy County.

“We don't think that's fair for the citizens of Cameron County, so to speak.”

The trial, which began Monday, was in its deliberation stages today when District Attorney, Armando Villalobos, found out about the situation but he wasn't notified personally. He read about it in the local paper. However, this matter isn't too strange for the D.A. who dealt with a similar problem with the same judge.

Today’s findings were not discussed with the jury. Deliberations were stopped momentarily but were later continued. And after deliberating for more than a day, the jury found Herrera guilty.

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