Attorney Concerned About Two Former Elected Officials Recently Convicted

“Shameful” and “cruel:” That’s how a local attorney described the treatment two former elected officials are getting in prison.

In April, a jury convicted former county Judge Luther Jones and former District Clerk Gilbert Sanchez of public corruption.

Their attorneys have filed requests to persuade federal Judge Frank Montalvo to release them on bond until their sentencing.

Civil attorney Steven James said he doesn’t represent Jones or Sanchez, and is not their friend. But their case made his blood boil enough to hand deliver a letter to ABC-7 and other El Paso media.

“They’ve been convicted; they should be punished. (But) it seems way too harsh, and it seems to border on being cruel, to me,” said James as he reacted to the conditions described in court documents intended to persuade Montalvo to release Jones and Sanchez from the Otero County Prison until they’re sentenced.

The documents allege the men are in solitary confinement 23 hours a day and get one hour daily to be taken outside for fresh air, or taken to a room where they can use the telephone. Family can visit them once a month, and they have little access to something to write with.

According to the court documents, prison personnel told both Jones and Sanchez it was for their own protection because their “safety would be compromised if he were to enter the prison’s general population,” stated the motions.

“We all remember Timothy McVeigh going to solitary confinement for 23 hours a day; yeah, I can see that. But these men have just barely been convicted,” James said.

Added in Sanchez’s motion for bond is that he’s only receiving four of about 10 medications prescribed to him.

“I just hope whoever has the decision-making authority would kind of reconsider this because it certainly does not look like it’s appropriate action being taken against them,” said James.

U.S. Marshal for the Western District of Texas Robert Almonte confirmed his agency takes custody of inmates until they’re sentenced, then the Bureau of Prisons takes over. The U.S. Marshals Service would not comment on this specific case.

Still, James wondered why Jones and Sanchez, who were convicted of public corruption, can’t be held under different conditions.

“Someone is trying to send the message to other people that if you stand up and claim that you’re innocent, look what’s going to happen to you. And to me, that’s not what America is all about,” James said.

Jones’ and Sanchez’s attorneys also claim the solitary confinement is making it hard for their clients to prepare their defense. They face another public corruption trial in April 2012.

None of the attorneys for either Jones or Sanchez wanted to comment on James’ letter or the restrictions alleged in their own filing. A request for comment from Montalvo was not returned by deadline.