EL PASO, Texas (KTSM) – District Attorney’s office claims audio tapes alleging their involvement in breaking the Walmart shooting case gag order were altered. 

Three audio tapes that were filed by Justin Underwood, attorney assigned to the Hoffmann’s, family of a Walmart shooting victim, appear to be of a conversation between the Hoffmann’s and Vinton Municipal Judge Roger Rodriguez, who allegedly introduced himself as a representative for D.A. Yvonne Rosales. 

In Underwood’s Ad Litem report filed in October along with the audio tapes in Spanish with English transcriptions, it is alleged that Rodriguez was intimidating the Hoffmann’s and telling them they should not answer the calls from the D.A.’s office so they would not testify in the hearing set to determine whether the Hoffmann’s broke the gag order put on the case July 1.

LISTEN: Audios of Walmart victim’s family and alleged representative of D.A. Rosales | KTSM 9 News

D.A.’s office filed a court document on Wednesday objecting to the audio tapes and stating they were altered. 

With the court document, the D.A.’s office also filed a report made by a forensic audio analyst David Smith from Pennsylvania who stated two out of three tapes were “inconsistent with the original recording.”

According to the analysis, the first tape is said to be a “seamless recording that has not been altered.”

For the second tape the report said it “was stopped and restarted during the conversation and is inconsistent with an original recording.”

The report stated that the third tape “contains areas of interrupted audio and, in my opinion, is inconsistent with an original recording.”

Judge Sam Medrano set a status hearing for Thursday 8:30 a.m. at the 409th District Court.

D.A. ‘s office requested for this hearing to be held on Zoom due to their expert witness being in Pennsylvania and because the Assistant District Attorney Scott Ferguson has been working remotely since the start of the pandemic. 

Judge Medrano denied this request.

It is still up in the air who will be attending the hearing on Thursday because the lead prosecutor in the case Curtis Cox withdrew from the case November 3.

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