Bombshell Witness Says Villegas Is Innocent


POSTED: Tuesday, September 6, 2011 - 4:45pm

UPDATED: Tuesday, September 6, 2011 - 5:25pm

DOWNTOWN EL PASO- A bombshell witness took the stand on Tuesday morning during the Daniel Villegas appeal hearing.

Newchannel 9 has been asked to keep the identity of the witness anonymous. However, he testified that he heard Javier and Rudy Flores saying they were responsible for the double homicide while inside a north east El Paso apartment in the early 1990's.

The witness claims he did not come forward because he was behind bars, and unaware of the Villegas conviction.  The witness claims he came forward after seeing billboards around town asking for public support to free Villegas. He says he is afraid for his life coming forward because the men he claims are responsible for the deaths are known gang members.

"I just assumed an innocent man would beat the charge", said the witness.

The surprise witness claims he was getting a tattoo inside of the apartment when he heard two men in the other room saying "Danny boy is going down for this".

Former El Paso County Asst. District Attorney John Williams who was assigned to the original trial testified on Tuesday that the District Attorney's office was not prepared to take the case to trial.

"We could not prepare for this trial in 60 days", said Williams.

In an affidavit read aloud during the Villegas appeal hearing on Tuesday, Attorney Gates is quoted saying that he had missed several key issues in the case. According to the affidavit, Gates said that he only had 60 days to review court manuscripts from Villegas' first trial, and it was not enough time to review and investigate other evidence. On hearing new evidence in the case, Gates states, " My trial strategy would have been more effective and the outcome may have been different."

Gates states in the affidavit that he was unaware at the time of the trial about police interviews with Rudy Flores that puts Flores at the same time and place of the double homicide.

At the end of the affidavit, Gates states he overlooked evidence and only wishes the best for Villegas.


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