By Juan Montoya
A sealed motion submitted by the Assistant U.S. Attorneys' Office in federal District Judge Fernando Rodriguez's court allegedly will request the court to revoke the bond Dr. Sylvia Atkinson's posted on conspiracy and bribery charges.
Rodriguez issued an order last Friday that Atkinson and her lawyers have until Friday, July 24, to file a response in opposition toe the government's motion.
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Although the government's motion was sealed, the widespread belief among local court watchers is that federal prosecutors will move to have the court revoke the $5,000 cash deposit bond Atkinson filed to remain free while she awaits trial on eight federal counts of conspiracy, bribery concerning programs receiving federal funds, and violation of the Travel Act-State Law Bribe.
U.S. Magistrate Judge Ronald G. Morgan laid out the conditions she must meet in order to be remain free awaiting trial and aside from the cash deposit, she also was to maintain and seek employment, surrender her passport and to refrain from contact with any witnesses, alleged co-conspirators or victims.
Much everyone's surprise, Atkinson showed up at an emergency called meeting July 15 and participated with the full board on discussion and voting on when and how to open the district's schools in the face of an escalating COVID-19 contagion.
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Three other BISD board members – Minerva Peña, Drue Brown, and Preisci Roca-Tipton – are named in subpoenas in federal court, and are potential witnesses. All were present with her at the meeting.
Before the meeting, board counsel Baltazar Salazar – who cleared her presence at the meeting – had her address the board and Atkinson said she had "voluntarily" recused herself from the board because she though that the process in federal would be cleared by February but because of delays in the case, she found out it would be August before the process would continue.
"I love this community and will stay engaged," she said.
Atkinson has maintained she had chosen not to attend BISD functions or attend meetings "voluntarily."
During a hearing in state court where she is facing a removal petition by Cameron County District Attorney Luis V. Saenz, it was learned from testimony by BISD Board Secretary Patricia Perez of communications between Atkinson and other board members, as well as Superintendent René Gutierrez, in the months since her arrest.
Her attorney Noe Garza referenced emails “dating back to January, but one as recent as June 23, 2020” — an email from Atkinson to Gutierrez regarding budget flexibility options, according to him.
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“I think Ms. Perez, the point here is that Dr. Atkinson has communicated since Nov. 20, 2019 through the president with board members and the superintend and the superintendent regarding matters pertaining to the school,” said Garza.
At that time, Cameron County Assistant District Attorney Edward Sandoval took the opportunity to address the motion to compel written discovery filed on March 18, to which the state has allegedly received no response, filing two letters after the initial request calling on Atkinson to produce the documents, court records showed.
A sealed motion submitted by the Assistant U.S. Attorneys' Office in federal District Judge Fernando Rodriguez's court allegedly will request the court to revoke the bond Dr. Sylvia Atkinson's posted on conspiracy and bribery charges.
Rodriguez issued an order last Friday that Atkinson and her lawyers have until Friday, July 24, to file a response in opposition toe the government's motion.
Although the government's motion was sealed, the widespread belief among local court watchers is that federal prosecutors will move to have the court revoke the $5,000 cash deposit bond Atkinson filed to remain free while she awaits trial on eight federal counts of conspiracy, bribery concerning programs receiving federal funds, and violation of the Travel Act-State Law Bribe.
U.S. Magistrate Judge Ronald G. Morgan laid out the conditions she must meet in order to be remain free awaiting trial and aside from the cash deposit, she also was to maintain and seek employment, surrender her passport and to refrain from contact with any witnesses, alleged co-conspirators or victims.
Much everyone's surprise, Atkinson showed up at an emergency called meeting July 15 and participated with the full board on discussion and voting on when and how to open the district's schools in the face of an escalating COVID-19 contagion.
Three other BISD board members – Minerva Peña, Drue Brown, and Preisci Roca-Tipton – are named in subpoenas in federal court, and are potential witnesses. All were present with her at the meeting.
Before the meeting, board counsel Baltazar Salazar – who cleared her presence at the meeting – had her address the board and Atkinson said she had "voluntarily" recused herself from the board because she though that the process in federal would be cleared by February but because of delays in the case, she found out it would be August before the process would continue.
"I love this community and will stay engaged," she said.
Atkinson has maintained she had chosen not to attend BISD functions or attend meetings "voluntarily."
During a hearing in state court where she is facing a removal petition by Cameron County District Attorney Luis V. Saenz, it was learned from testimony by BISD Board Secretary Patricia Perez of communications between Atkinson and other board members, as well as Superintendent René Gutierrez, in the months since her arrest.
Her attorney Noe Garza referenced emails “dating back to January, but one as recent as June 23, 2020” — an email from Atkinson to Gutierrez regarding budget flexibility options, according to him.
“I think Ms. Perez, the point here is that Dr. Atkinson has communicated since Nov. 20, 2019 through the president with board members and the superintend and the superintendent regarding matters pertaining to the school,” said Garza.At that time, Cameron County Assistant District Attorney Edward Sandoval took the opportunity to address the motion to compel written discovery filed on March 18, to which the state has allegedly received no response, filing two letters after the initial request calling on Atkinson to produce the documents, court records showed.
The Texas Public Information Act states that the current or former officers or employees of a government entity have a duty to back up all correspondence, whether on a personal or school district device related to school business, to fill such requests, the attorney argued.
“Ms. Perez has described that Dr. Atkinson has continued to send emails to members of the school board,” said Sandoval. Later, he added, “We actually requested that from the Brownsville school district and they have not provided it to us. Letters were sent on March 6 to the public information officer and cc’d to Mr. Salazar.”
“Ms. Perez has described that Dr. Atkinson has continued to send emails to members of the school board,” said Sandoval. Later, he added, “We actually requested that from the Brownsville school district and they have not provided it to us. Letters were sent on March 6 to the public information officer and cc’d to Mr. Salazar.”
Observers wondered if the federal government would just sit by and accept Atkinson's contention that she had unilaterally decided to end her "voluntary" abstention from BISD business and continue communications with BISD board members, administration and staff in apparent violation of her bond restrictions.
The other shoe, apparently, is about to fall.
The other shoe, apparently, is about to fall.