Border securityDHS agent in fraud case seeks to separate his trial from that of his former boss

A former DHS agent is attempting to separate his legal case from that of his former boss, who was the head of the DHS office in McAllen, Texas.

TheMonitor reports thatMarco Rodriguez and his former supervisor, Egunio Pedraza, have been accused of falsifying investigation reports into criminal activity along the U.S.-Mexico border.

“Although the two defendants are currently joined, Defendant Rodriguez will be seeking a severance from co-defendant Pedraza,” Rodriguez’s lawyer wrote in a motion filed Thursday afternoon.

Pedraza has been charged with one count of conspiracy, six counts of falsification of records in a federal investigation, five counts of obstruction of agency proceedings, and one count of obstruction of justice. Rodriguez has been charged with one count of conspiracy, two counts of falsification of records in a federal investigation, and two counts of obstruction of agency proceedings.

The motion is an attempt to oppose a government motion pushing to certify the case as “complex” which would delay the start of the trial.

“Although there are thirteen counts alleged, only five counts related directly to Defendant Rodriguez … There are seven other unnamed individuals (Agents A through G) identified in the indictment but apparently none are alleged to have conspired with Defendant Rodriguez,” according to the motion.

The motion indicates that Rodriguez is ready for his trial to start as early as the end of next month.

“Defendant Rodriguez, with two capable defense attorneys, is ready to proceed to trial and specifically requests a speedy trial pursuant to the Sixth Amendment of the U.S. Constitution,” the motion states.

Pedraza has moved in the opposite direction, as his counsel does not oppose the government’s motion to make the case “complex,” and has filed a motion asking for a 120-day delay.

“As also noted by the Government in the complex litigation filing, some months may be needed to perform the necessary tasks to get this case ready for trial,” according to the motion. “Despite not having seen the discovery, Counsel for Defendant Pedraza believes that the nature of the charges, coupled with the Government’s representations in its complex litigation filing, leads to a similar conclusion that some months of preparation time will be necessary to ready the case for trial.”

Both men have pleaded not guilty and were released on bond.