Andy Esquivel – 9/26/17 court appearance

Posted on September 27, 2017 in Uncategorized

Andy had his September court appearance yesterday.  We’ll post the court audio from this hearing and the February 28th hearing as soon as they arrive form the court.

Case update [PDF]

Andy has been reasonably good about making his monthly payments, although he’s been consistently two weeks late.  He seems to be making payments with his girlfriend’s bi-weekly paychecks (there is no evidence that Andy ever got a job) so the payments have been arriving on the firs Friday of the month following Andy’s due date.  Andy did make a concession to the court on Tuesday by making a partial payment of $250 after his hearing.

As I write this, Andy owes $8,368.02 in restitution and fines from his two felony fraud convictions and $20,923.50 in back child support.  Both numbers are coming down steadily, which means that as Andy nears his 50th birthday he’s staring to grow up a little bit.

Keep up the good work, Andy!  We’ll keep tracking your progress until you finally pay off everything you owe sometime in the year 2019.

UPDATE: Here’s Andy’s explanation of what happened Tuesday…

“I provided a signed letter from Sindy ManzanoPrez Esquivels mother to my attorney that read “I have asked my husband for $500 for my daughter Prez Esquivel for orthodontist.” Now the PROSECUTOR says and I quote “Your honor braces, that’s cosmetic come on, these guys need to get paid its been since 2011 we want $500.” My attorney got pissed and says “Your honor, Andres Esquivel is not asking to miss a month just at least meet him half way $250 this month and $250 next month.” Judge ruled in my incompetent favor… Now I know Allen Brady is going to add Sean Reyes, FBI and media so let me explain to you why this is a story. I knew it was cosmetic and my request should have got shot down. Here’s the GOD part of this great day, ITS NOT FOR braces its for a retainer for an underbite to help my daughter talk clearer when she does interviews for Smiley Heroes. She WORKS for free she deserves this but I can’t say that because prosecution won’t tell judge Connors that the incompetent man that we sent to a 90 day evaluation has been on Fox13 news again for his inventions that he created while we incarcerated him. And not just that, I really wanted to do this for my daughter’s birthday next month so thank you God for touching Judge Connors heart and keeping me from opening a can of wup ass on that prosecution team because my daughter was going to get her retainer.”

UPDATE: The courtroom audio of Andy Esquivel’s 2/28 and 9/26 court hearings are now available.  See the links below:

• February 28th court hearing audio [MP3]
• September 26th court hearing audio [MP3]

No real surprises in the courtroom audio:  

In February, Andy’s attorney admitted to the court that Andy didn’t have $13,000 to pay the reparations and fines he owes.  The court therefore accepted an agreement reached with the prosecutor to allow Andy to make payments of $500 per month and to set a review hearing for September, before his probation period expired in October and Andy was sent to prison.

In September, Andy asked the court for a temporary payment reduction to $250 to pay for “emergency orthodontic surgery” for his daughter, at which the prosecutor scoffed that (duh) braces are not an emergency and the victims have been waiting since 2011 to get their money back.  Judge Connors granted the temporary reprieve, but made an ominous statement to Andy in the process.  In light of the fact that this case has been dragging on for over six years and that there’s still “…just over $9,000” left to pay in fines and restitution, Judge Connors told Andy in effect that his time is short.  He stated flatly that “…this is an old case – we’ve got to wrap it up.”  He added “…I encourage you to be out trying to find some way to to take care of this in a lump sum payment soon.”  

Clearly (very clearly) the court is running out of patience with Andy Esquivel and with this case.  Andy’s $500per month token payments are not going to tolerated for much longer.  Andy tempted fate by pissing of this probation officer.  He then baited the dragon by announcing to the court that he intended to come up with a wad of cash by last February to get this whole business taken care of once and for all.  He’s been on a very short leash, but until now he hasn’t quite comprehended just how short that leash is.  I warned Any on this blog that it was unwise to play games with the court…especially ‘chicken’.  If Andy had never brought up the possibility of a lump-sum payment, the court might never have thought of it as a possibility.  If Andy had followed the simple and reasonable direction of Probation Officer Roman Hentish, he would have had an advocate with the court who could plead his case and argue for leniency.  As it stands, Andy is facing eminent prison time if he does not turn up the heat and get his act together rapidly!

It’s a shame really.  Andy is finally making a serious effort to atone for his previous mistakes, but it’s too, too late, and after too many second chances for the court to want to hear it.  it’s time to pay the fiddler Andy.  You made your prison mattress, now you get to sleep on it.