#whereisthejusticeforlegate ANOTHER EXAMPLE OF THE CORRUPTION IN THE STATE OF TEXAS

 

Conviction: The Bingo King Murder (Full Version)

Hi, my name is, James Legate. on August 11, 1999, I was convicted for the September 3rd, 1998, murder of, Evaristo [Eddie] Garcia--dubbed, "The Bingo King," by the news media [see story entitled, "The King is Dead. Long Live The Bingo King," published in the July, 1999, issue of the Texas Monthly Magazine]--and sentenced to 99 years in prison, under The State of Texas v. James Legate, Cause No. 1998-CR-1998. A murder I have, and continue to maintain my innocence. My conviction was based on the State Assistant District Attorney, [ADA], Juanita Vasquez-Gardner's, "hitman theory" supported on the testimony of, "Jesse Hernandez," (Hernandez)--who testified that he was very drunk at the time, but overheard a man by the name of, Pedro Zamora, telling me I needed to take care of the deceased--meaning to kill him--when we were at this so-called meeting on the patio of Mr Zamora's nightclub, Mexico Que Nice. Hernandez also testified that two other individuals--i.e. Robert Montes and Gilbert DeHoyas--were there when Mr Zamora made this remark--although, Robert Montez was the only one subpoenaed, the ADA never used him to corroborate Hernandez's testimony, nor were these individuals charged under the State's law of parties statute? Hernandez also testified that he gave me a gun, but when asked if anyone saw him give me the gun, he said "no,"--which has been removed from my transcripts? I later found out that this guns was traced to Hernandez? Although, I complained to the 4th Court of Appeals--who abated my appeal--about the inaccurate trial transcripts, the evidentiary hearing judge dismissed my claim because there was no evidence to support my claim. During trial, I learned that Pedro Zamora was killed in Mexico so we were not able to subpoena him, nor was he indicted for ordering Mr. Garcia's murder, as Hernandez testified. Ms. Vasquez-Gardner, nonetheless used Zamora to convict me for this murder, without any corroborating evidence to support Hernandez's allgation, not even Robert Montez or Gilbert DeHoyas, who supposedly heard Zamora make this statement? Most witnesses testified that they saw a guy in black cloths running away. Even a witness by the name of, Adolf Salazar, testified that he was getting off his car when he saw a guy--wearing dark clothing, and ponytail--run past him, and the deceased running after him before he fell to the ground. Other witnesses stated that they saw a guy wearing a white shirt run past him, which Aldolf Salazar said I looked simular to the guy he saw, he was wearing black, and I had a white shit on, during my one-man lineup. Mary Orozco also testified I had a white shirt on. Jurors heard that my property--I.e. copy of drivers license, dealer tags, business cards, etc.--were on the floor of Mr. Garcia's office--with the exception of a file on Marilyn Maddox's car which I was looking for, for the owner of Rose Sports Car, Ali khaili when she became delinquent in her payment--and my briefcase was found at some abandoned apartments behind the crime scene, lying in plain sight with a receipt with my name on it, and the murder weapon--a subnose .38 revolver-- lying inches away?

 

                                             

A gunshot residue test, (GSR), was done on my left and right hand approximately 25- 30 minutes after the shooting, detecting, no GSR was found on my hands. Not even fingerprints? However, because the GSR Report included: "Its indeterminate to indicate whether the subject fired a weapon, handled a discharged weapon, or was in proximity of a weapon being discharged." It opened the door for Vasquez-Gardner to discredit the GSR Report--as she stated in her affidavit that, "[i]n 1999 all gun shot residue tests were notoriously unreliable ...." There was no real evidence to corroborate Jesse Hernandez's allegation that can support my conviction, but since he had a cocaine charge and the gun traced to him, Ms. Vasquez-Gardner used him to her advantage--i.e. to lie!

For the past 25 years, I have done everything possible trying to prove my innocence, but due to the corrupt judicial system in San Antonio, Texas, I was not afforded any form of relief, no matter how credible my newly discovered evidence is. For instance, on October 10, 2002, my trial attorney, William F. Davidson, was granted permission to inspect the DA's files--which he did with investigator, Jim McKay. During this investigation, a "MEMO" was discovered that identified the author as, J. Ray Hildebrand--the district attorney's own investigator-- addressed the ADA Juanita Vasquez-Gardner--who was over this case. The Memo further expressed the interview he had with a key witness--my attorney's was not able to find--by the name of, Marilyn Maddox, who upon seeing my name on the subpoena he was serving her made the remark, "he didn't do it," but did not interview her about it. Instead directed her to speaks with Ms. Vasquez-Gardner in the event she had information regarding this case. The Memo was dated, July 28 1999--5 days before my trial? My attorney considered this exculpatory evidence because he had filed a motion for exculpatory evidence, and had no knowledge that this Memo existed There was no note indicating this evidence was ever turned over to my attorney, unlike the other memo's, as my attorney stated in his December 4th, 2002, affidavit. Although, I filed my state application for writ of habeas corpus using this newly discovered evidence under an actual innocence claim, Ms. Vasquez-Gardner, submitted her "Affidavit in Response to Affidavit of [my attorney] Williams F. Davidson," stating, in pertinent parts, that she had spoke with Ms. Maddox and that according to Ms. Maddox, " she 'NEVER' told Mr. Hildebrand that ["I"] 'didn't do it, and that she never heard of me." She even stated that everything Ms. Maddox told her would have hurt me rather than help? Assuming this were true, then one must ask, "why hide her?" "Why not put her on the stand?" And if she never met me, the how did I know where she worked? Questions we need answers to. The truth will never be known, because the court recommended no relief and my writ was denied without an evidentiary hearing, and since then, the investigator and Ms. Maddox have both passed away. [read the story, "Burden of Proof," published in the May 20, ,2011, issue of the Texas Observer Magazine, written by, Ms Laura Burke].

It wasn't until June, 2019, that Ms. Isis Romero--of KSAT-12 NEWS Station, in Antonio, Texas--produced a six-part documentry of my case, detailing the discovery of two surprising elements in my case.

The first was how they found Pedro Zamora, alive and well, living in Mexico, and after speaking with him, he stated Mr. Garcia was his friend and he had nothing to do with his murder and that he even attended Mr. Garcia's funeral.

When this discovery was brought to Ms. Vasquez-Gardner's attention, she states: "Zamora would likely be clear of ever facing charges, because there is no 'independent corroboration' to bring a case against him?"

WHAT! No "independent corroboration?" But, here I am, 25 years later, convicted on the testimony of Jesse Hernandez, who testified that "he heard" Mr. Zamora telling me that I need to take care of Mr. Garcia?

This response alone should raise questions like, "why is Legate being held for a murder Zamora supposedly had him commit-if there is no evidence to bring a case against Zamora?" This is a question that needs an answer.

The second discovery was in regards to Jesse Hernandez, because the gun used to kill Mr. Garcia was tied to him.

This is when they requested the mug shot when he was arrested and subsequently indicted on cocaine charges in 1998--the same arrest and indictment that was dropped in exchange for his testimony against me, and was around the time of Mr. Garcia's murder?

This is when Ms. Romero discovered that Jesse Hernandez was really, Juan Antonio Hernandez," but throughout this murder investigation, Hernandez was using his brother's name, "Jesse"--even when he was arrested for the cocaine charge that were eventually dropped? The grand jury summons was also issued for a, "Jesse Hernandez," which by his signature, Hernandez acknowledged to be that person. Hernandez even swore under oath that he would answer "truthfully," to all questions asked by the grand jurors. However, he continued to lie by introducing himself as, "Jesse Hernandez," when asked by the grand jurors to identify himself. Although, ADA Vasquez-Gardner knew Hernandez was lying while testifying before the grand jurors, she did NOTHING to correct it! So in truth, Ms. Vasquez-Gardner conspired with Hernandez--by allowing him to lie during the grand jury proceeding--to wit, commit aggravated perjury in an official proceeding. [Though, I tried to get Hernandez's grand jury testimony by showing the "particularized need" requirement--under aggravated perjury--my request was denied by the court] Even the assistant federal prosecuting attorney, Joey Contreras--who sat second chair with ADA Vasquez-Gradner in this case--NEVER tried to correct this misleading information, tying him to this conspiracy. What's clear, Ms. Vasquez-Gardner and assistant federal prosecutor, Joey Contreras, wanted to convict me--even after learning that a witness by the name of, Charles Rodriquez, went to the Federal Prosecuting Attorney's Office claiming that ex-congressman, Albert Bustemante approached him with the $50,000. hit on Mr. Garcia--assuming for sending him to federal prison--which according to, assistant federal prosecutor, Richard "Bert" Richardson, (now on the Fourth District Court of Appeals), testified that he considered Rodriquez a "kook," but did not know if an investigation was conducted into this allegation, because the case was assigned to assistant federal prosecuting attorney, "Jack Stick." He was just invited to sit in? Now, I don't expect anyone to believe what I am saying, but if you would like to review the evidence, first learn about, Mr. Garcia. As stated above, read the story entitled, "The Bingo King is Dead. Long Live The Bingo King," in the July, 1999, issues of the Texas Monthly Magazine. Then read about the discovered "Memo," and Ms. Maddox, which my, then wife, and I learned while trying to prove my innocence, by reading the story entitled, "Burden of Proof," written by Laura Burke, published in the May 20, 2011, issue of the Texas Observer Magazine. Then I suggest looking at the six-part documentary produced by Ms. Isis Romero, entitled, "Conviction/The Bingo among Murder," on YouTube where you will learn about the discovery of, Pedro Zamora and Jesse Hernandez--key factors of my conviction. So, if anyone out there can help me understand how, I can be legally held responsible for a murder that someone--who at the time of my trial was supposedly dead--had me commit. But later discovers---that this person is alive, and will NEVER face criminal charges because there is "no independent corroboration" to bring a case against him would be very much appreciated.

Although, I know why there is "no independant corroboration" to bring a case against Mr. Zamora--BECAUSE HE NEVER HAD ME DO ANYTHING! Everything about this case is based on a lie fabricated by ADA Vasquez-Gardner and Joey Contreras! Their whole "hitman" theory falls on false testimony and evidence.

I did try to get the Texas Innocence Project of Texas, to help, but according to them, I have no "newly discovered" evidence? If finding an accused--who was supposedly dead--"alive," and will never face any criminal charges because there is no "independent corroboration," to bring a case against him, is not considered newly discovered evidence, then I don't know what is? What I do know is Zamora was used to convict me!

So if anyone can help me understand how this process works, or if anyone has any questions, or might want to share their thought and/or opinions to this injustice, can contact me at:

James Legate, #00888549,

McConnell Unit--Digital mail,

P.O. Box 660400, Dallas,

Texas 75266-0400--

which normally takes up to 30 days to process before digitally sending out the letter. So a response will take over a month. You can also contact me by emailing Ms. Angela T. Smith--of "Free Texas Campaign," at: www.freetexascampaign@gmail.com, for information on how to use the securus emessage program, which is more sufficient in time. Either way, thank you all for taking time out to read about the injustice that has had me illegally confined for over 25 years. The most devastating part of this injustice, is how this corrupt judicial system kept me from being there for my daughter who passed away on January 25th, 2006. I couldn't hold her or say goodbye, much less bury her! Where is the justice in convicting the innocent? Where is they accountability for these malicious acts committed by those representatives of this State? Those who have a solemn duty to prosecute the guilty, but yet, prosecute the innocent--they are suppose to protect? Again, thank you for your time. I do look forward to hearing from you. God Bless and stash safe. 

Respectfully, James Legate