Attorneys: Cop Skipped Jury Duty, Lied On Form


POSTED: Thursday, August 18, 2011 - 6:10pm

UPDATED: Wednesday, August 24, 2011 - 3:23pm

EL PASO - Local attorneys say an El Paso police sergeant failed to show up for jury duty and even lied on his juror form, which could be a felony.

They recognized his name, Joseph Garcia, because they say one of their clients accused an officer by that same name of sexually assaulting her.

Stuart Leeds and Theresa Caballero are asking the police department, the district attorney office, and even the state attorney general's office to investigate an officer who they say lied on this juror form.

On the juror form, for the question, "Have you ever been party to a lawsuit excluding divorce?' Garcia wrote, "No."

Leeds and Caballero say, not so fast.

"How can you forget being sued in federal court for rape as a police officer and how can you forget, how can anyone forget, being cross-examined by Theresa Caballero?" Leeds asked.

Leeds and Caballero represented a woman back in 2004 named Nancy Hollebeke who accused two police officers of raping her. One of those officers was Joseph Garcia. Police records indicate there is only one Joseph Garcia on the force. Back then, the D.A.'s office decided not to prosecute the officers in that case. Hollebeke also unsuccessfully sued the officers. But then, police charged Hollebeke with filing a false report.

"That's a Class B misdemeanor which carries a maximum sentence of 6 months in the county jail," Caballero said.

The charge against Hollebeke was eventually dismissed. But Leeds and Caballero say if officer Garcia did lie on his juror form in saying he had never been party to a lawsuit, that the D.A.'s office should be as aggressive with him.

"Perjury is a felony, so let's see what happens to this Joseph Garcia," Caballero said.

We emailed Garcia using the contact on his questionnaire form but haven't heard back. The police department says Garcia showed up for work the day he was summoned for jury duty and that the Internal Affairs department is investigating. The District Attorneys office also tells us, "We are aware of this matter and we are looking into it."

Since Garcia didn't show, the court tells us he'll be summoned in 5 to 6 months to tell a judge why he didn't show up for jury duty that day. If the judge finds that Garcia lied on his form, he could face up to $1,000 in fines and maybe even be criminally charged.

"I just don't want to see a disparity of treatment," Leeds said. "I don't want to see the average El Paso citizen who doesn't show up for jury duty get fined and officer Garcia goes scot-free."

Comments News Comments

Leeds and Caballero are simple minded females trying to do their job. Perhaps their brain cells will function properly and they will be able to make big cases against true hard core criminals.

Who doesnt lie in the juror form? Caballero is just pissed off because she lost the lawsuit against Garcia in 2004 and is looking to get Garcia in every which way. One wrong stupid answer should not get him into jail. Im sure there are thousands of people in EP who in their juror card. Your not so perfect either Caballero. Why would you only look at his card and not the others? Want to be DA. Stuff like this is not going to score you any brownie points

IO have been in Afghanistan for 5 yrs and i still get those jury duty forms to fill out. I have explained that i will not be home for jury selection, because of my whereabouts and they send me an email saying im not Hello morons!! It would take me 7 days to get to el Paso just to not get picked. Then they send me this other form to fill out and need to be notorized. Again, Hello Morons! come on really? Peiople think!!

Yeah whatever. Its the same all b.s. with some of those chump cops. Once a liar, always a liar. Theres a lot of dirty cops in the force that are making the rest of the officers look bad. A month doesn't go by without one of them in the news for breaking the law.

"Dirty cops" in El Paso? Seriously? I am astounded!

KTSM/KDBC, you guys are really pathetic. Report on real issues and you might be almost worth watching. Taking news stories from someone who has been rejected twice by EL Paso voters. HA ha ha ha ha, you guys are downright stupid.

but everyone should be treated fair and until provin guility a free man

These two love sensationalism. They fail to mention how they used an obviously naive and troubled Hollebeke for a personal agenda; target DA Esparza. The Hollebeke girl came out in the paper later for having been arrested on an alcohol related charge. Officers were cleared. Hollebeke's false report charge was dropped. The suit against the officers was dismissed. Why call the media about a jury duty form?? Go crawl back under your rocks. You bore us.

No surprise, not sure if we are in the USA or corrupt Mexico,drug dealers operate in the open until the Feds catch them so this is no surprise,

Every time there is a story about El Paso law enforcement someone makes reference officers are as corrupt as Juarez. This is just disrespectful. Easy to say that while you’re sitting at home popping chips in your mouth, because you don’t live in Juarez. You don’t know the horror Juarez has seen. Imagine walking outside and there are bloody dismembered bodies. Imagine over 2000 murders a year and some officer answers no on some useless paper that becomes your top story. HA! Thanks for comparing

I totally agree. There is no comparison. And this is why our guys in blue wouldn't survive one day as Juarez cops, yet they hide behind the protection of the well-known "blue wall of silence" that exists in our department. What a shame.

I dont get what your saying here. The blue wall of silence??? how did that effect the offcier marking no and then Caballero wanting to bring an investigation? Sorry but can you explain. thanks

Wow!!! I can't believe this is the top story for the night!What happened to the news that matters... you guys must have a lot of free time on your hands...

Thank you, and I concur.

Sound like a case of sour grapes. She never had a case against this officer and now she is trying to save face anyway she can. Seems this woman holds grudges, just ask her father. God bless this police officer, when you have such obviously crazy people practicing law to settle old scores. Go get therapy Ms. Caballero you will be a much happier person.

what do you expect from her if she trashed her own father in public. pitiful creature and i can't stand her!!!


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