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Wednesday, March 1, 2000

DA Valdez starts CCISD witness list

Court of inquiry set to begin March 13

By Darren Barbee
Caller-Times

Witnesses who have been called for a March 13 court of inquiry into allegations of misused Corpus Christi Independent School District funds range from district secretaries and clerks to top administrators and board trustees.
   Their testimony will mean the difference between exoneration or criminal indictments for CCISD trustees and Superintendent Abelardo Saavedra, District Attorney Carlos Valdez said.
   Valdez's said the list of 22 people he is subpoenaing is subject to change.
   "It's not all-inclusive," Valdez said. "I expect we'll call some other people, and we may even call some people without subpoenas if necessary."
   Unlike a typical trial, in which witnesses are deposed before testimony, Valdez said several witnesses, including Saavedra, have not been interviewed. Saavedra has come under fire after an investigation into travel and spending over a six-year period.
   "In a trial you have an idea of what witnesses are going to say before you put them on," Valdez said. "In this case, I don't know exactly what the testimony is going to be."
   Saavedra and trustees also face allegations of abuse of power, theft and violation of the Open Meetings Act. Valdez said media exposure to the matter has likely eliminated any surprises.
   "They know what I'm going to ask," Valdez said. "It's not like it's some big secret."
   Saavedra, though, said he is concerned with the court of inquiry process as a whole but is ready to get it over with.
   "I'm tired of it," Saavedra said. "I want to get to the bottom of it. Whether or not we get blindsided (during questioning) . . . I'm sure my attorney will be able to deal with that."
   Judge Emil Karl Prohl of the 198th District Court, who is assigned to the case, said he has asked Valdez to limit questioning of witnesses as much as possible to save time.
   "I've asked the (district attorney) to be very explicit and concise with the witnesses," Prohl said.
   Valdez said he's asked for subpoenas of finance department clerks and secretaries to explain to the court the inner workings of the district's accounting system.
   Saavedra said he wasn't surprised that his own secretary has been asked to appear.
   "She handles paperwork as well," he said.
   Corpus Christi attorney J.A. "Tony" Canales will represent Saavedra at the court of inquiry. Saavedra has said that his contract states that the district should pay for his legal fees, although he has not sought reimbursement from the district.
   The district has hired an attorney, James Granberry, to represent staff other than Saavedra, said Ylise Janssen, CCISD office of legal services staff attorney.
   She declined to say how much Granberry would earn because the amount still is being negotiated. She said he has not been paid an up-front retainer.
   Former trustees Henry Nuss and Ed Hecht are also among those who will be subpoenaed, Valdez said.
   Hecht filed the compliant with the district attorney's office that began the investigation last year.
   The district attorney's probe coincided with a Texas Education Agency audit that blamed careless accounting procedures controls for board members' missing travel receipts and questionable credit card expenses.
   The report and Valdez's investigation led to him calling for the court of inquiry, a public format investigative tool.
   Prohl set the rules for the March 13 CCISD court of inquiry on Monday, giving Valdez a great degree of flexibility to investigate the spending allegations.
   Prohl's order allows Valdez to look into new allegations not contained in the TEA's audit or that come up during the trial.
   Prohl, meanwhile, hasn't decided if he will allow cameras in the courtroom during the hearing.
   "I'm considering whether it would be disruptive to the proceedings," Prohl said. "Whether the parties would play to the camera instead of dealing with the issues. That sometimes happens."
   Prohl said he would decide the matter by next week.
   Staff writer Darren Barbee can be reached at 886-3764 or by e-mail at barbeed@caller.com
  





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