El Paso DA Yvonne Rosales pleads the Fifth at Walmart shooting gag order hearing: recap
El Paso District Attorney Yvonne Rosales faces another critical hearing Thursday on violations to the July gag order issued in the Walmart mass shooting case.
Rosales had been ordered to appear in court Wednesday but did not show, prompting Judge Sam Medrano Jr. of the 409th District Court to call for a hearing at 1 p.m. today that Rosales must attend under threat of possible arrest.
Former Assistant El Paso District Attorney Curtis Cox arrived late to Wednesday's hearing and "invoked (his) right under the Fifth Amendment" in response to all questions.
See updates below.
Judge Medrano will schedule a future date for another hearing
With statements concluded, Medrano stated that he would consider all the evidence to determine who violated the gag order and how many violations there were. He will notify those involved of a future hearing at a later date.
-Adam Powell
Closing statements in court
Closing statements are being issued in court. The hearing is expected to wrap up soon.
-Adam Powell
Hearing continues with Walmart shooter defense team
The hearing is continuing with the Walmart shooter's attorneys reading into the record questions about the DA's office involvement in drafting an email to El Paso journalists in violation of Medrano's gag order.
-Adam Powell
El Paso DA leaves courtroom
Rosales left the courtroom and attorneys are continuing the hearing on the alleged gag order violations.
-Adam Powell
Rosales pleads the Fifth
Rosales has continued to plead the Fifth, and Medrano is preparing to dismiss her from the court. The show-cause hearing has been canceled and no writ of attachment will be issued.
-Adam Powell
Rosales' attorney defends against Medrano
DA Rosales' attorney, Richard Roman, is in court. The attorney is taking exception with Rosales being called, saying it opens her to harassment. Medrano growing frustrated.
-Adam Powell
Yvonne Rosales sworn in at witness stand
Rosales has been sworn in at the witness stand. First up she'll face questioning from defense attorney Joe Spencer.
Rosales prepares to testify, but will invoke her Fifth Amendment right. pic.twitter.com/AFP8RJlxLq
— Adam Powell (@apowell_journo) December 1, 2022
-Adam Powell
El Paso DA Rosales arrives in court
El Paso DA Yvonne Rosales arrived in court for today's hearing before Judge Sam Medrano of the 409th state district court.
Rosales is expected to face questioning in the hearing related to Medrano's gag order in the Walmart mass shooting case.
This is the first time Rosales will appear in front of Medrano since July when she accused the judge of embarrassing her in front of local media.
-Adam Powell
Wednesday recap for Walmart shooting gag order
Wednesday's hearing aimed to discover who was at the root of emails sent to local media regarding the Walmart shooting case. The emails were generated from the phone of Rosa Maria Valdez Garcia, widow of Walmart shooting victim Alexander Gerhard Hoffmann, and signed by her son, Alex Hoffmann.
Attorney Justin Underwood was brought on to represent the Hoffmann family, and his ad litem report alleged that Rosales and Cox, Vinton Municipal Court Judge Rogelio "Roger" Rodriguez and his wife, Anne, were responsible for sending the emails.
During Wednesday's hearing, Medrano heard from both Valdez, Hoffmann, and private investigator Jose Aguilar, who testified to his immense difficulty in attempting to serve subpoenas on Rosales, Cox and Rodriguez.
Charles Vance, who has been with the El Paso District Attorney's Office for three months, presented forensic audio and video analysis expert Barry Dickey for the state, with Dickey testifying that recordings conducted by the Hoffmanns of Rodriguez contained "anomalies."
In the end, Medrano found that "at no time since July 1 has any member of the Hoffmann family" violated his gag order.
Only the District Attorney's Office and its surrogates remain a possible source of the gag order violations. Medrano could enter a finding today or may call for another hearing Friday.
-Adam Powell
This article originally appeared on El Paso Times: El Paso DA Yvonne Rosales faces arrest if not in court Thursday
