Section V: Facts Behind McCants and Cruz Delvalle Homicide Convictions

Why Did Dane County ADA Robert Kaiser Blatantly Cheat for the Benefit of Two Possible Hitmen? -Facts

Alex Ortiz was killed on September 16, 2003 in the city of Madison.  Four men were charged with the homicide:  Luis Estrada- Jinez, Jeik Romero, Elwin Serate-Andino, and Ramon Cruz-Delvalle.  Cruz-Delvalle was alleged to be the shooter.  However, he was the only defendant who was not alleged to being a member of the Romero drug conspiracy, making his living as a barber.

The state’s case, for all practical purposes, rested almost entirely upon a David Suarez and a Pablo Lopez-Baez, both members of the Romero drug conspiracy.  Both had initially falsely implicated a Victor Cotto in the homicide.  Cotto was lucky enough to prove that he was out of town when the homicide took place.

The fact that these men had falsely implicated another did not deter the U.S. Attorney’s Office, Dane County ADA Robert Kaiser and the Madison Police.  Pause and reflect upon what has just been asserted:  Two men falsely implicate a third man in a homicide, and this means nothing to the U.S. Attorney’s office, Dane County ADA Robert Kaiser and the Madison police.  This in itself should disturb any concerned citizen, and speaks volumes for justice, Dane County style.

Suarez and Lopez-Baez were rewarded by mind-boggling plea bargains, wherein:  (1) Suarez, facing a ten year mandatory sentence, and a possible life sentence if it was proven that the drug conspiracy in which he was involved resulted in death, received a twenty-seven month federal sentence, with the last six months being placed in a half-way house.

And (2) Pablo Lopez-Baez, facing 120 years on multiple sexual assault charges in Dane County, had his case put off so that he could testify and receive the following benefit.  Lopez-Baez’s charges were reduced to a sole misdemeanor count of fourth degree sexual assault, and he received a mere nine month jail sentence.

Suarez came forward first and then recruited his close associate and friend, Lopez-Baez, to corroborate his story.  They claimed that Romero was the organizer behind the Ortiz homicide and that Cruz-Delvalle was the shooter.  They each claimed to have played a marginal role in the plot, and to have been coerced into what other actions they took, due to their fear of Romero and his family.  ADA Robert Kaiser would incredibly claim to Cruz-Delvalle’s jury that neither had a deal with the prosecution, and that they were coming forward due to sincere remorse.

The four defendants were convicted at multiple trials and Cruz-Delvalle, as did the other defendants, received a life sentence.  Cruz-Delvalle is not even eligible to be released from prison until he serves 45 years.

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At the time of the aforementioned trials, ADA Robert Kaiser was knowingly cheating by withholding exculpatory evidence of a mind-boggling degree.  All four of the trial attorneys involved on the aforementioned prosecutions have acknowledged in emails that the evidence outlined below was not provided to them. (See Attachment #73)

Dane County Judge Sarah O’Brien in notes has conceded that it would be a reasonable inference that Suarez did both the Ortiz murder and the German Gonzalez murder, outlined below.  She also conceded that Suarez’s presence in both murders was clearly not an accident. (See Attachment #74)

A German Gonzalez was killed in the city of Madison on January 12, 2004, i.e. four months after the Ortiz murder.  Another Romero brother was alleged to have been behind the homicide, and Kaiser would re-utilize Lopez-Baez and in particular David Suarez.  Incredibly, what was being claimed took place in the Gonzalez homicide was remarkably similar to what was claimed as taking place in the Ortiz homicide.

This is of major significance to Cruz-Delvalle’s defense because Lopez-Baez and Suarez claimed that their marginal involvement and subsequent actions were due to fear from Romero, and led each to be wracked by remorse and guilt.  Of course, if they played the exact role in a second homicide a few months later, their remorse and guilty could not have been too great.  It gets even worse…

Police reports relating to the Gonzalez homicide included the revelation that two of Suarez’s former prison inmates claimed that Suarez had confessed to them that he was the actual killer of Gonzalez.  While Kaiser had these reports prior to Cruz-Delvalle’s trial and that of his co-defendants, Kaiser withheld them.

The notion that Suarez’s cellmates claim that Suarez confessed to being the killer for a murder on which Suarez implicated another, was not exculpatory, is a notion that could only possibly be accepted in Dane County.

Why would Kaiser cheat for the benefit of David Suarez?  Regardless of the answer, the fact is, he undisputedly did.  And he did so in the most blatant fashion.  This leads to a better question:  Why would Kaiser be so confident he could get away with it?  The answer to this is suggested in the next piece.

Another question is, did Judge O’Brien’s removing Atty. Sommers as Williams’ attorney at ADA Kaiser’s request have anything to do with her knowledge to what had taken place with Suarez and her knowledge that Atty. Sommers also had knowledge?