EL PASO, Texas (KTSM) – The defense team representing the man accused of murdering 23 people at the Cielo Vista Walmart in August 2019 is now accusing District Attorney Yvonne Rosales of absconsion after a processing team has attempted to subpoena her “over fifteen times personally.”

In a court filing late last week, attorneys Joe Spencer, Felix Valenzuela, and Marks Stevens allege they have been attempting to subpoena Rosales, former Assistant District Attorney Curtis Cox, and Vinton Municipal Judge Roger Rodriguez without success.

The filing was a response to Assistant District Attorney Scott Ferguson’s objection to a hearing scheduled for Nov. 30, 2022, by Judge Sam Medrano.

“The process servers have attempted to serve Rosales at her office, to no avail; they have attempted to serve her at her residence, to no avail; they have attempted to serve her via her personal cell phone, to no avail; they have attempted serve her at her Attorney Luis Yañez’s office, to no avail; they have attempted to serve her through her Chief Investigator, to no avail,” the defendant’s response reads.

The document also states that process servers have attempted to subpoena Cox over five times at his home and office. Cox submitted a withdrawal letter to Medrano on Nov. 3, stating he would no longer be the lead prosecutor in the case. Multiple sources tell KTSM he is no longer employed at the District Attorney’s Office.

The defendant’s response filed last week also alleges they attempted to subpoena Rodriguez but claim he is “also nowhere to be found.” They say, “the sheer number of attempts at service are entirely extraordinary.”

The defense states they were attempting to issue subpoenas for the upcoming Nov. 30 hearing regarding an ad litem report filed by Justin Underwood on behalf of his clients, the family of shooting victim Alexander Hoffmann.

In the filing, the defense cites KTSM’s report, “Who is impersonating the family of a Walmart massacre victim?” as a catalyst for the upcoming hearing. KTSM was the first to report about a series of e-mails sent to multiple media outlets purportedly from the son of Hoffmann.

KTSM and El Paso Matters have since confirmed the media list used in the Hoffmann e-mails matches the media contact list used for the District Attorney’s Office distribution list.

Underwood’s report alleges that Rodriguez, Rosales’ personal attorney, intimidated the Hoffmann family for political gain.

In conclusion, the defense claims, “despite this extraordinarily heightened standard of procedure, of process, of action, the Duly-Elected District Attorney has misguided, misled, and misdirected the Honorable Court, thereby trampling on the Constitutional rights of Defendant.” They request that the Court overrule the State’s objections and proceed with the scheduled November 30 hearing.

Involved parties in the case remain under a gag order imposed by Medrano during a July 1, 2022, status hearing.

Rosales is facing removal from office. County Attorney JoAnne Bernal is prosecuting the case to remove Rosales. A scheduling hearing set for last Thursday was rescheduled to December 7, 2022. Judge Tryon Lewis has set a trial date of March 13, 2023, for the removal trial.