Corpus Christi Caller Times Caller.com - Emergency hearing is set in Salazar case

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Friday, May 25, 2001
Emergency hearing is set in Salazar case
Attorney Canales files request seeking payment of $50,000
By Sara Lee Fernandez
Caller-Times
   A state district judge Thursday set an emergency hearing for next week in the contract buyout of former West Oso Superintendent Minerva Salazar to hear her request to stop an order that she put $250,000 she received from a contract settlement into a court trust.
   According to court documents signed by Judge Jose Longoria of the 214th District Court, Salazar gets to hold on to the first payment of her settlement, until the hearing at a 9 a.m. Tuesday.
   Salazar's attorney Tony Canales also Thursday filed a request asking that she be allowed to pay him $50,000 from the settlement money given to her so far.
   Rene C. Flores, attorney for the plaintiffs Frank Gallardo and Diana Cantu Guerrero, said he isn't surprised by the requests from Salazar's attorney.
   "He had already said he was going to appeal," he said.
   "... I think that, to me, (Canales) is asking for a re-hearing for the sole propose that he can get paid," Flores said.
   "We would like to see the order denied . . . I think the judge made a legal ruling and I'm completely confident that it will hold up in appeal.
   "And obviously we are talking about the kids' money."
   Canales wouldn't comment and Longoria couldn't be reached.
   Salazar was given $250,000 on May 8.
   The settlement, which included payments totaling $500,000, medical coverage until 2003, coverage of legal fees and annuities, was worth more than $600,000.
   Longoria had issued an oral order to Salazar Wednesday that she needed to put the $147,585.70, which was what was left after taxes, in the court registry.
   In requesting that she not have to turn the money over to the court, Salazar and her attorney note that the plaintiffs haven't provided a bond to ensure that the money will be available if it ultimately is given to her.
   Flores said his clients have to raise 10 percent of the amount that Salazar must give to the court and have yet to do so.
   "It's not affecting the case because she hasn't had to put up the money," Flores said.
   Salazar also tells the court that complying with Longoria's order would hinder her ability to fulfill family responsibilities and provide for her legal defense, court documents said.

Contact Sara Lee Fernandez at 886-3767 or fernandezs@caller.com

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