And surprise surprise, they say the charges against their client are long on bluster and short on facts.
When the Texas Attorney General’s office announced its first arrest under Texas’ abortion laws, the court filings and press statements painted a shocking picture.
Maria Rojas, a Houston-area midwife, was portraying herself as a doctor and using untrained employees to perform illegal abortions for cash, pushing unwitting women into terminating wanted pregnancies, the records said, citing a monthlong investigation involving surveillance, search warrants and first-hand witnesses.
But at a court hearing Thursday, Rojas’ lawyers got their first opportunity to tell their side of the story. They described an above-board telemedicine-based medical practice that offered a range of services, including maternal health care appropriate for a midwife, and argued the state’s investigator has no first-hand knowledge of Rojas performing the acts of which she is accused.
The investigation was marked with “complete shoddiness and lack of thoroughness,” and the arrest affidavit was filled with “conjecture,” “wild conclusions” and “rank speculation,” Marc Hearron, senior counsel with the Center for Reproductive Rights, told the judge.
Lawyers for Rojas also have raised concerns about irregularities in the criminal case, including that she was held on an arrest warrant, rather than a criminal complaint, which is much more common. She has not been indicted yet by a grand jury.
“I would believe if the attorney general had a solid case, they would have filed charges,” said Nicole DeBorde Hochglaube, who is representing Rojas in her criminal case. “They have yet to do so.”
[…]
Rojas was brought to the courtroom from the jail Thursday morning in a pink jumpsuit and orange slide sandals, much to the surprise of her attorneys, who said they didn’t realize she would be in attendance.
During the hearing, she was informed she could be discharged on bond, and her lawyers asked if she could return to the jail to be processed out. When she returned to the courtroom after lunch, she had changed into a blue tracksuit. After the questioning from Hilton, she was escorted home by her lawyer.
Rojas had been held on a $1.4 million bond, which is surprisingly high, said Eric Davis, chief of the trial division at the Harris County Public Defender’s Office.
“Somebody with no prior criminal history, on a non-homicide case or a non-child sex assault case, it’s really unusual,” Davis said. “It signals to me they may be thinking about charging her with something higher. That bond we’d expect with murder or a high charge like that.”
Davis has worked as a defense attorney for 30 years, and said the high bond isn’t the only unusual thing about this case. He has rarely, if ever, seen someone arrested and held only on an arrest warrant, as Rojas and her associate were.
It’s standard practice for a criminal complaint to be filed, laying out what someone is charged with and allowing the defense to begin requesting discovery. It’s so uncommon to hold someone on just an arrest warrant, several defense attorneys said they couldn’t even speculate on why Paxton’s office might be taking this path. Davis said it could mean they’re gathering more evidence or deciding exactly what charges to bring to a grand jury, but he couldn’t be sure.
“It doesn’t take much to file a complaint, so why are they waiting?” he said. “It’s standard practice.”
DeBorde Hochglaube told reporters this lack of clarity has made it hard for her and fellow lawyers to begin preparing their defense.
“We don’t even have the charges you would ordinarily have in a criminal accusation,” she said. “It’s simply an arrest warrant, nothing more.”
See here and here for the background. Nicole DeBorde Hochglaube was for awhile one of the Ken Paxton special prosecutors, so she knows a thing or two about his bullshit. The fact that the prosecutors are doing everything in their power to hide their cards for as long as possible is very telling. If they were confident in their case and their evidence, they wouldn’t be acting like this. Instead, they’re acting like winning the public relations battle is what really matters to them. Don’t be fooled.
The hearing on Thursday was about the order to close Rojas’ clinics, which will remain in effect through the end of this case. The same judge will be hearing both the civil and criminal cases – Waller is a small county. There’s no trial date set for either case, so we’ll just have to wait and see what happens next. The Chron has more.