Even more on that cashiers check from the Barrera mortgage fraud case...

Yesterday we listened as the states star witness testified regarding a cashiers check for the down payment for the purchase of the Oak Avenue home that was involved in the Barrera mortgage fraud that was brought to closing as follows...

She had no knowledge that an unrelated third party named Michael Martinez had provided the cashier's check for $123,530.56 as earnest money.  If she had been made aware of Michael Martinez' role in the transaction and that he had provided the cashier's check for $123,530.56 as earnest money, she would have not completed the closing and would have notified the lender.  She was never made aware that the cashier's check for $123,530.56 used as earnest money was not obtained until February 21, 2008, 2 days after the closing.

Wonderful.  The crux of the states case is based on this check circumventing the law offices established protocol for escrow checks which according to the states witness is as follows...

1. Write a file number on the check.
2. Make a copy of the check.
3. Put a copy of the check in the file.
4. Give the original to the bookkeeper for processing.

The state alleges that since this check was given directly to the attorney and not the office employee that handled the closing and that this proves that the attorney was involved in some nefarious scheme to defraud the lender out of hundreds of thousands of dollars.  

Let's pick up the states star witnesses deposition where we left off yesterday...

The attorney is referring to this copy of the check in question...

Now, before we get to the next bit I'd like you to imagine that smug self righteous, self aggrandizing look on Prosecutor Kostrzewski's face and remember the entire basis of his case against the attorney he charged was from this witnesses testimony regarding this check and the fact that she never saw it nor ever knew anything about it and if she did she would have called the lender and canceled the entire transaction.  In case you forgot what that look is, this is probably pretty close...

Back to that state's star witness...

NO FUCKING SHIT HUH?  How's that self righteous, self aggrandizing look on the prosecutors face now?

So what about all this bullshit?

She had no knowledge that an unrelated third party named Michael Martinez had provided the cashier's check for $123,530.56 as earnest money.  If she had been made aware of Michael Martinez' role in the transaction and that he had provided the cashier's check for $123,530.56 as earnest money, she would have not completed the closing and would have notified the lender.  She was never made aware that the cashier's check for $123,530.56 used as earnest money was not obtained until February 21, 2008, 2 days after the closing. 

That's just it, pure fucking bullshit.  That's the most highly manufactured and coached statement I've ever seen since the inception of this case, the question is, who made it up?  Was it the dipshit cop or the inept prosecutor?  The worst part of this whole ordeal?  The cop and the prosecutor had copies of this check with the handwritten file number on it since before the arrests were made, unfortunately for them, there's irrefutable proof that they had it, so you have to ask, why the hell did they go ahead with this witnesses testimony knowing that it was false?