Mayor Cook Testifies in Recall Lawsuit Hearing

El Paso Mayor John Cook remained calm during more than two hours of grueling cross examination in a recall hearing Tuesday.

Cook is trying to halt a recall election against him and City Representatives Susie Byrd and Steve Ortega, by proving that recall signatures were gathered illegally at churches and corporations.

The Mayor, called to the stand by his own attorneys, said he wasn’t against recall efforts, only alleged illegal activity during the recall process. Cook and his lawyers maintain the state election code does not allow such political activity at non-profit corporations, such as churches. “When I was sworn in to office, I swore to uphold the constitution and the laws of the state of Texas and the City of El Paso,” said Cook.

His lawyer, Mark Walker, has been attempting to prove that Cook will face irreversible damages if he is recalled illegally, including about $75,000 in in salary and benefits. He’d also lose the chance to carry out his goals as mayor, Cook said.

If he is recalled in May 2012, the city would have to hold a special election in September 2012, Cook testified on Tuesday. If he’s reelected in the special election, Cook could only serve until June 2013, when his term expires.

“We’ve set a vision for El Paso, focusing on downtown revitalization, improving our mass transit system and enhancing our parks and open space and a very aggressive plan for national and state representation,” Cook said, referring to the goals he’d have to leave behind if recalled. The Mayor also testified that if he’s recalled, the city stands to lose his representation on the National League of Cities, the U.S.-Mexico Border Mayor Association – which he is a founding member of, the Metropolitan Planning Organization, among other boards.

Cook is suing Pastor Tom Brown, a recall organizer and Pastor of Word of Life Church for allegedly using his church and ministry to gather recall signatures. He said he had received “at least a dozen” complaints from constituents who said signatures were being gathered at churches. He said he had been told by constituents that the petitions were being distributed at “Juan Baptista Church, and another church I can’t remember the name of, and Word of Life Church and Jesus Chapel.”

Judge Javier Alvarez quashed a subpeona from Cook’s lawyers to get Warren Hoyt, the Pastor at Jesus Chapel Church on the stand.

During cross-examination, Defense Attorney Stuart Leeds asked the mayor what his message would be to those trying to recall him because he and city council overturned a voter-approved ordinance. The ordinance, written by El Pasoans For Traditional Family Values, was meant to take away the health insurance of gay and unwed partners of city employees. Cook and other council members said they did not implement the ordinance because it was so vaguely written, it would have stripped away the health insurance for about 150 unintended people, including some retirees. Proponents of the ordinance contend that Cook and city council thwarted the will of the people.

Cook testified he’d ask the petitioners: “Did you really realize that you were taking away the the health insurance of retirees or retired police officers? Was that really your intention when you voted for the ordinance or did you just want to punish two gay people and 17 domestic partners?”

Leeds also asked Cook if he planned to recuse himself from voting on the date of the recall election. “I don’t know. I only vote on ties, I don’t know if it’s going to be a tie,” answered Cook. On Monday, Municipal Clerk Richarda Momsen, when asked by the defense, conceded that Cook should recuse himself from the vote.

“Who’s paying your legal fees in this case?” Leeds also asked Cook. “I will write the check to pay the bill,” answered Cook. “And who’s going to give you the money to pay that bill?” Leeds continued. “Anyone can give me money to pay,” answered Cook.

The Mayor also testified that he had received only two contributions to help him pay for his legal expenses. The largest one was for $250, he said.

Leeds questioned Cook for more than two hours and at one point even asked “Were you elected as Mayor or God?” Walker objected to the question and Judge Javier Alvarez told the Mayor he did not have to answer it.

Brown was slated to testify as well. Cook’s lawyers had subpeonaed him but because they did include a witness fee on the document, the Judge quashed it. By the time Cook’s attorneys subpoenaed him again — this time through Brown’s lawyer, he had left town. His attorney, Theresa Caballero said Brown was officiating his brother’s wedding out of state and that she had told him he could go after the judge had quashed the subpeona on Monday.

Walker said they planned to reschedule Brown’s testimony for a later date.

****STORY FROM EARLIER TESTIMONY****

The beginning of Tuesday’s hearing in a lawsuit intended to stop a recall election against Mayor John Cook centered around the Tom Brown Ministries website, tbm.org, and whether it directed visitors of the site to the recall petitions.

On the stand was Pamela Soto, a paralegal for the law firm representing Cook. Soto testified that she called and had spoken to three witnesses who on Monday invoked the Fifth Amendment right against self-incrimination and refused to answer if they had signed the recall petitions or if it had been Pastor Warren Hoyt, the leader of Jesus Chapel Church, who had circulated the petition.

Cook’s lawyers showed copies of the recall petitions with Hoyt’s name highlighted. He is listed as the official circulator of the petition.

Defense lawyer Theresa Caballero objected, claiming it was “hearsay,” to questions by Cook’s lawyer that would allow Soto to elaborate on her conversations with the three witnesses who testified on Monday.

Caballero is representing Tom Brown, pastor of Word of Life Church and one of the organizers of the recall effort against the mayor and city Reps. Susie Byrd and Steve Ortega.

In an “offer of proof” — questioning that is not admissible for Tuesday’s hearing, but only sets a record for higher courts to refer to — Cook’s attorney, David Mirazo, asked Soto about her conversation with Lawrence Brackett, one of the witnesses.

“He said he signed it at Jesus Chapel Church. … He said it was passed around by Pastor Hoyt,” Soto said.

Also during the offer of proof, Soto said she had called Brackett, Hoyt and the two other witnesses, Gail Boone and Angel Hernandez. She said Hoyt identified himself as the pastor of Jesus Chapel Church and said that he had passed out the recall petitions to attendees at Jesus Chapel West.

In admissible testimony, Soto said she called Hoyt and the witnesses using the phone numbers listed on the recall petition next to the names and signatures.

When Caballero cross-examined Soto, she asked if the paralegal had identified herself as “representing Mayor Cook” when she called Hoyt and the other witnesses. “Yes,” answered Soto.

Caballero then asked if Cook’s case was one of the biggest cases for the law firm Soto works for.

“I don’t know,” Soto said.

On Monday, Cook’s lawyers showed that the Tom Brown Ministries website provided a link to where readers could sign up for the recall petition and a list of locations where petitioners could sign the documents, which included Word of Life Church.

Caballero pointed out that the words “off church property” were also listed on the website.

A Twitter account listed under the name Tom Brown was also shown by Cook’s lawyers. The postings tell people where to sign the recall petition, but Caballero argued that anyone can start a Twitter account and that Soto was not present when that account was created.