Chaparral couple testifies against Anthony Cobos in Las Cruces District Court

The Chaparral couple accusing Anthony Cobos of defrauding them testified at Las Cruces District Court on Tuesday.

The former El Paso County judge is facing one count of fraud of over $20,000.

Maribel Samaniego, who made payments to Cobos, was first to take the stand. She said she and her husband, Jesus Zamora, signed a contract with Cobos in which they agreed to make monthly mortgage payments to him.

But Samaniego said when they tried to claim a first-time home buyer tax credit, it was denied by the IRS. That’s when they say Cobos wrote up a second contract so they could qualify for that deduction.

It stated the couple would make monthly payments along with larger lump-sum payments until they could eventually take ownership of the home. Zamora told the jury Cobos asked them to make larger payments because he was having problems in Texas.

The state showed evidence of the receipts, checks and money orders the couple gave to him.

But the defense argued it wasn’t written in a signed contract what Cobos had to use that money for. They also argued that the couple was late on making some of the payments.

“The fact is by your own admission, the contract does not say what that money has to be used for and you don’t know what he did with that money correct?” Defense Attorney Joshua Boone said said.

Trial resumes on Wednesday at 10 a.m.