El Paso DA’s Office altered court record in appeal of migrant riot case dismissals

EL PASO – El Paso Matters reports that the El Paso District Attorney’s Office improperly directed the alteration of court records as it prepared to appeal the dismissal of dozens of cases against migrants charged with rioting when they entered the country earlier this year, a judge ruled this week. “The State’s failure to notify the trial Court that the Certification Order had been altered, and its refusal to respond to requests for a hearing by the Defense to ensure that the record that was transmitted to the Court of Appeals was correct, indicate that the State was not and is not acting in good faith to ensure an accurate record,” County Court at Law 7 Judge Ruben Morales wrote in an order issued late Wednesday. “The lack of good faith by the State is further evidenced by its refusal to cooperate with the trial Court in setting this matter for an evidentiary hearing and its reluctance to participate in the hearing.” He ordered that the altered record be removed from the hearing record provided to the 8th Court of Appeals, which could make it more difficult for prosecutors to challenge Morales’ June 6 decision to dismiss charges against migrants who were arrested as part of Texas’ Operation Lone Star, which seeks to deter illegal entry into the United States and use state charges to prosecute those who do.