Day two of criminal-contempt of court trial against well known attorneys in the books

Day two of a contempt of court hearing wrapped up in El Paso County court Tuesday night.

Theresa Caballero and Stuart Leeds are defending themselves against a combined 18 counts of contempt, each carrying the potential for up to six months in jail and a fine.

All 18 counts of contempt are tied to a case the two high-profile attorneys fought, and won, on behalf of 448th District Court Judge Regina Arditti.

Prosecuting attorney Henry Garza wrapped up his case early Tuesday morning, which prompted a motion for a direct verdict dismissing the case. That request was not granted by visiting Judge Juanita Vasquez-Gardner.

On day two of the trial, Caballero and Leeds called eight witnesses. At least three of those witnesses were present for at least part of the Arditti case from last year, each commenting on a heated exchange between Caballero and a visiting judge who precided over that case.

Three witnesses called by the defense on Tuesday said the judge in the Arditti case ordered Caballero into the hallway. Caballero refused because the judge would not allow a court reporter to follow her to keep the exchange on record. ABC-7 has since dug up video from the 2011 case where Caballero interrupts Judge Stephen Smith multiple times while he read contempt charges, saying at least three times, “which I deny.”

Caballero also complained several times about the transcript from the Arditti trial, which has been partially sealed.

During a break in the trial, Caballero told ABC-7’s Matthew Smith that if the judge ruled against the entire transcript being released, it could be grounds for taking the case to an appellate court.

“Criminal trials are public things,” said Caballero. “The judge is receiving evidence that she is not making public.”

The case is sealed because of a an order Leeds made last year in an attempt to expunge Arditti’s arrest record, a move that would have destroyed the trial transcript. As a result, the case is sealed as an appellate court overlooks the case.

In attendance throughout Tuesday’s testimony has been Paul H. Homburg III. Homburg is part of the assistant chief disciplinary counsel for the State Bar of Texas.

Homburg declined comment when asked why he was in El Paso,

ABC-7 archives show that Caballero and Leeds face disciplinary hearings before the Texas Bar as a result of complaints made by Judge Smith, the visiting judge who oversaw the Arditti case.

Garza could be heard during a break talking to Homburg, telling him he wished he could call him to the stand for this trial.

Testimony wrapped up just before 6 p.m. The visiting judge announced day three of the trial will begin on Wednesday at 8:30 a.m.

Initially Leeds and Caballero said they intend to put on their defense over a three- or four-day period. More than 80 people have been subpoenaed to testify, according to Caballero. Eight witnesses testified on behalf of the defense on Tuesday.

When asked whether he thought the trial would wrap up by Friday, Garza said he wasn’t sure.