SAN ANTONIO - Weeks before jury selection is scheduled to start, one of two men charged with State Senator Carlos Uresti says he does not want to stand trial with the others because he says they are "shifting the focus and blame entirely upon" him.
Thursday, Stanley Bates filed a request with the judge to reconsider severing his case from Uresti and Gary Cain. It counters an Oct. 18 hearing at which attorneys for the men were engaging in a "united front" theory of defense.
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A federal grand jury indicted the three men in May. They are accused of conspiracy to commit wire fraud and money laundering, among other charges. Specifically, it accuses them of using the Four Winds company as a Ponzi scheme to get investors to buy in to sell hydraulic fracking sand for oil production with the promise of financial gain. Instead, the government alleges they pocketed the money for personal expenses.
The document alleges Bates' attorney was not prepared and did not consult with his client, who claimed he did "not want anything to do with Cain or Uresti." He also said "(Cain) and Uresti are scumbags and the Reason my life has been destroyed!!!" [sic]
The 10-page filing lists more than a dozen examples of ways Bates claims his co-defendants are pointing to him as Four Winds chief executive officer who was stealing money, failing to pay investors and lying to them. It also claims Uresti plans to paint Bates as a "lavish spender who improperly used investor funds" while "Uresti has included a self-aggrandizing exhibit showing his accomplishments, charity work, and his senatorial financial disclosure."
"Uresti and Cain's joint defense depends on shifting the focus and blame entirely upon Bates. Both the Government and Bates' co-defendants plan on introducing evidence of Bates' guilt. As a consequence of this type of positioning, Bates must now defend himself against both the Government and his co-defendant's allegations," the document said.
It also called the "united front" theory inaccurate -- a strategy meant to keep Bates in the same trial.
"This would further their interest of creating a foil and fall person to present their defense," the document said.
A federal judge has not ruled on the request. If that request is denied, all three will be back in court Jan. 18 for jury selection.
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