Ex-commissioner David Cortez convicted in Willacy County vote-selling scheme

By María Eugenia Guerra

Former Webb County Commissioner David Cortez, admitting in U.S. District Court in Brownsville on March 24 that he offered several Willacy County commissioners payments totaling about $39,000, has been convicted in a vote-selling scheme surrounding the construction of the $14.5 million Willacy County Adult Correctional Center in Raymondville. According to federal documents, Cortez acted as a representative of a particular consulting company in competition for selection for the construction of the facility, and by so doing conspired to obstruct commerce by means of extortion. The consultant of record for the Raymondville facility is Corplan Corrections of Argyle, Texas .

The payments were in exchange for providing the consulting corporation with advantages not available to others interested in and competing for the consulting contract for the 500-bed facility that houses federal inmates.

Cortez, who resigned from the Webb County Commissioners Court on January 25, 2005, began facilitating those funds on or about June 2000 and continued until sometime in March 2003.

Two of the recipients of those payments were Willacy County commissioners José Jimenez and Israel Tamez who, as Cortez did on March 24 in Brownsville, waived indictment January 3, 2005 and were convicted on federal conspiracy charges for accepting bribes in return for votes awarding the contracts for the consulting firm.

The companies involved in the construction of the Willacy County facility, besides consultant Corplan, include design-builder Hale Mills Construction of Houston, Aguirre Corp. of Dallas , and the Management and Training Center (MTC) of Utah , which manages the Willacy detention center.

Though Cortez admitted to forwarding a series of payments from a corporation to the Willacy commissioners, no company was named in the indictment as a source of the bribes. The investigation by the Texas Rangers, the FBI, and the Willacy County Sheriff's Department continues.

As part of his plea agreement with the feds, Cortez, 72, has agreed to cooperate with the government. He was released on a $50,000 personal recognizance bond until a June 28, 2005 sentencing hearing. The former commissioner is looking at a possible maximum penalty of 20 years in federal prison without parole and a $250,000 fine.

Cortez, who once served on the Laredo City Council, ran for Webb County commissioner in 1994. In 1998 he was un-seated by former county treasurer Mike Urdiales, whom Cortez beat in the 2002 election to reclaim his seat on the court.

Of Cortez's guilty plea, Commissioner Judith Gutierrez said, “It's a sad day for Webb County . A dark cloud falls on all of us. We need to really be careful how we conduct public business, always in the light of day to avoid suspicion.”

Gutierrez said she hoped Cortez's travails were a clear message to consultants who “think this is a good way to do business in Webb County .” She continued, “It is our duty to report an offer of this kind. We hold the public trust, and we owe it to those we serve to be able to stay out of situations like this.”

Former Webb County Judge Mercurio Martinez, Jr., said of the news of Cortez's conviction, “None of us wish anyone this kind of situation. It's unfortunate David Cortez finds himself in this predicament. My wife and my family and I hope he works things out in the best interest of his own family. We would like to think that he will be able to negotiate a settlement with the government that works out best for his family and his health.”

“It's unfortunate that this has happened, but that is the reason we have the judicial system. Anyone accused, or in Mr. Cortez's case who has voluntarily given information and pled guilty, will have his day in court,” said Webb County Judge Louis H. Bruni. During his most recent tenure as Precinct 4 commissioner, former commissioner Cortez more often than not voted in lock-step with Bruni and was characteristically obsequious and deferential to the judge before the public.

“I am sorry to see what has happened. David Cortez was always a gentleman with me. I can guarantee 100 percent that there was no inappropriate behavior or stacked votes in my court while he served alongside us,” the judge continued. “What he did is beyond my purview. People make mistakes, and he is going to have to deal with it and be responsible. As to me swearing in his daughter to replace Commissioner Cortez, I believe the sins of the parents don't reflect on the children. I have faith and confidence in Commissioner Brunner,” Bruni said, referring to Cortez's daughter, Cynthia Brunner.

“Mr. Cortez's day in court will come when he is sentenced, and I wish him the best. We all make mistakes. I'm hoping it was a mistake on his part. I don't believe in corrupt individuals, not that he is. I know that corruption surrounds us by unscrupulous contractors who think they can buy us by waving money in our face. They won't buy me off -- I don't have a price. If an offer of this kind was made to me, I would walk right over to the DA's office. This is a position of trust, of very high esteem. We have been elected to protect the public trust.

“Mr. Cortez has faced up to it and asked forgiveness. He will face the consequences. There is no position of error, no grounds for error, and there should never be a window of error in which you could make that kind of bad decision.

“Corruption exits all over, but you need to bite the bullet and serve with a clean conscience. You need to look the camera right in the eye. Nobody is bigger than the law.

“I was not aware of the extent of his problems. His letter of resignation cited health and personal reasons. I took it at face value. As a courtesy, we considered the request and did as he asked,” Bruni concluded.