Transcript of Proceedings September 18, 1989 - Volume I

    1 IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS {(LULAC), et al. 

Plaintiffs, 

y. CAUSE NO. MO-88-CA-1%2 

Midland, Texas 

JIM MATTOX, Attorney General 
of the State of Texas, et al. 

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Defendants. 

TRANSCRIPT OF PROCEEDINGS 

SEPTEMBER 18, 1989 

VOLUME I OF V VOLUMES 

TRANSCRIPT ORDERED BY: DEFENDANTS 

TRANSCRIBED BY: MR. JIMMY R. SMITH 

Court Reporter 

1. 8, Digtraict Court 

P. ©. Box. .1774 

3 and, Texas 79702 

APPEARANCES: 

FOR THE PLAINTIFFS: ME. ROLAND L. RIOS 

Southwestern Voter Registration 

Education & Project 

Suite 527, 201.8. Mary's St. 

San Antonio, Texas 78205 

MS. SUSAN FINKELSTIEN 
= 

Texas Rural Legal 231d." Inc. 

Suite 821, 201 St. Mary's St. 

Po San Antonio, Texas 

 



  

APPEARANCES: {Continued.) 

FOR THE PLAINTIFF: 

FOR THE HOUSTON 

PLAINTIFF INTERVENORS: 

FOR THE DEFENDANTS: 

FOR JUDGE SHAROLYN 

P. WOOD: 

  

GARRETT, THOMPSON & CHANG 

Attorneys at Law 

Suite 800, 8300 Douglas 

Dallas, Texas 75225 
BY: MR. WILLIAM L. GARRETT 

MS. BRENDA HULL THOMPSON 

MS. SHERRILYN IFILL 

NAACP - Legal Defense and 

Education Fund 

16th Floor, 99 Hudson Street 

New York, New York 10013 

MULLINAX, WELLS, BAAB, & 

CLOUTMAN 

Attorneys at Law 

3301 Elm Street 

Dallas, Texas 75236-9222 

BY: MR. EDWARD B. CLOUTMAN, T1Z 

MR. BE. BRICE CIUNBINGHAM 

Attorney at Law 

Suite 21, 

777 i South R. L. Thornton Fwy. 

Dallas, Texas 75203 

Attorney General of Texas 

Supreme Court Building. 

P.:O. Box 12548 

Capitol Station 
Austin, Texas 78711-2548 

BY: MR. JAMES C. TODD 

MR. RENEA HICKS 

MR. RAFAEL QUINTANILLA 

MR. JAVIER P. GUAJARDO 

PORTER & CLEMENTS 

Attorneys at Law 

3500 RepublicBank Center 

700 Louisiana Street 

Houston, Texas 77002. 

BY: MR. J. EUGENE CLEMENTS 

MS. EVELYN V. KEYES



  

APPEARANCES: 

FOR JUDGE SHAROLYN 

P. WOOD: 

FOR JUDGE F. HAROLD 

ENTZ> 

ord fu da a ES A BINA ET S Ure Sh Th Eat SA NS SEE es Ht 

(Continued. ) 

MR. MICHAEL J. WOOD 

Attorney at Law 

Suite 200, 440 Louisiana 

Houston, Texas 77002 

MR. DARRELL FRANK SMITH 

Attorney at Law 

Suite 905, 10998 Interstate 

San Antonio, Texas 78230 

HUGHES & LUCE 

Attorneys at Law 

3800 Momentum Place 

1717 Main Street 

Dallas, Texas 7201 

BY: MR. ROBERT H. MOW., JB. 

MR. BORRY M. RUBARTS 

MR. DAVID C.i GODREY 

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Docket calleda 

Announcements: 

Hy Mr. Rios 

Ey Mr. Garrett 

By Me. Finkelstein 

Hy Ms. Thompson 

By Ms. I1Til} 

By Ms. McDonalac 

By Mr. Cloutman 

By Mr. Cunningham 

By Mr. Hicks 

By Mr. Todd 

By Ms. Keves 

By Mr. Clements 

By Mr. buajardo 

By Mr. GQuintanilia 

By Mr. Wood 

By Mr. Smith 

By Mr. Godbey 

By Mr. Mow 

By Mr. Rubarts 

Opening Statements: 

By Mr. Rios 

By Mr. Hicks 

By Ms. Ifill 

By Me. McDonald 

Ey Mr. Clements 

By Mr. Cloutman 

By Mr. Mow 

Brief recess 

Open Court 

Exhibits tendered 

Witness sworn 

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1 INDEX {continued) | 

2 FARE NO. 

3 

  

4 Witnesses: 

5 JIM CORONADO 
    
  

  
  

By the Court 61 

6 Direct examination by Mr. Rios 61 

Cross examination by Mr. Todd 75 | 

Y Redirect examination by Mr. Kios a) | 

| 
8 AGUILLA WATSON 

By the Court 100 | 
9 Direct examination by Mr. Garrett 150 | 

Cross examination by Mr. bBuajardoe 106 

10 
Noon Recess 112 

11 

Open Court 333 

12 
Witness sworn 143 

13 : | 
: ROBERT BRISCHETTO 

14 By the Court 11 IT 

Direct examination by Ms. Finkelstein 13S 

15 Cross examination by Mr. Hicks 157 | 

Brief recess 176 

16 ||Open Court i176 

Cross examination by Mr. Hicks (resumed) i176 

17 Redirect examination by Me. Finkelstein 191 

Direct examination {continued) by Ms. Finkelstein S92 

18 Cross examination (continued) by Mr. Hicks 2086 

Direct examination (continued) by Ms. Finkelstein 230 

19 Cross examination (continued) by Mr. Hicks 233 

Hrief recess 237 

20 ||Open Court A hii 

Direct examination {continued}! bv Ms. Finkelstein 240 

21 Cross examination {continued by Mr. Hicks 253 

22 ||Court recessed for the evening 261 

23 

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toc] oi eivhes four ma tn Arete 

   



EX H-1.-H-7T 79 
  

    

NUMBER OFFERED 
  

FROCEEDINGS OF SEFTEMEBER 18, 198%: 

Exhibits listed as offered by attorneys and 

Flaintiffs: 
  

E01 mentioned 

mentioned 

mentioned 

  mentioned 

mentioned 

mentioned 

mentioned 

mentioned 145 

mentioned * 146 

mentioned ge 146 

mentioned 0 146 

mentioned on page 147 

mentioned on page 149   
mertion

ed 

mentioned
 

mentioned an 

through general 

mentioned on   
mentioned on 

mentioned on      



  

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EX HH 1 RB I.T 9 {continued} 

NUMEER OFFERED ADMITTED 

J—02 mentioned on page 247 

J-04 mentioned on page 248 

J—03 mentioned on page 249 

J—145 mentioned on page 249 

J—08 mentioned on page 230 

1-072 mentioned on page 250 

J—-10 mentioned on page 250 

d—11 menticned on page 258 

TR-01 mentioned on page 193 

TR-02Z menticned on page 19: 

TR-0Z mentioned on page 197 

TR-04 mentioned on page 198 

TR-0% mentioned on page 535 

TR-08 mentioned on page 199 

TR=-09 mentioned on page 199 

TR-10 mentioned on page 201 

TR-11 mentioned on page 201 

TR-12 mentioned on page &9 

TR-1Z mentioned on page 204 

TR-14 mentioned on page 2005 

TR—-17 mentioned on page 73 

— ar = A 
at 

  

   



      

  

  

NUMBER SFFEFRED ADMITTED   
  

Houston FPlaintiff Intervenors: 
  

Dallas Plaintiff Intervenars: 
  

Defendants: 
  

Houston Defendant Intervenors: 
  

Dallas Defendant Intervenors: 
  

  

  

  

 



  

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PROCEEDINGS OF SEPTEMEER 18, 1989: 
  

(Open Court.) 

THE COURT: Good morning. Welcome to Midland. 

All of you wanted to come, and 1 am glad that you did come. 

1 appreciate your being here. 1 even appreciate the 

sweaters being here. Some of wou 1 know are sweating this 

lawsuit out and I appreciate that you are here. Even though 

t be parties toc the lawsuit, or actually represent you may not 

a client in it, we appreciate it. I have arranged. since 

you are here, te have some iovely weather for you. You 

won't get to see much of it in the davtime, but in the 

evenings when you take your strolls around downtown Midland 

it will just be delightful weather. And we are tickled to 

death that vou are here. 1 see some faces that 1 have seen 

in this courtroom before, and 1 nope I live long enough to 

see them again. You obviously think this is some sort of a 

big lawsuit because you have been hauling in boxes of stuff, 

which is the most discouraging thing that a Judge can 

witness. is when he shows up at the courthouse and you see 

porters all over the place hauling in big truckloads of : 

«= proof again that if hie Jot
 f stuff that you brought here. 

you put off lawsuits very long the lawyers will find 

something to deo nearly every day on the lawsuit. And if it 

lasts as long as a year, this one has been about a year and 

a2 halt or so, they will fill the couriroom with what they 

  

  
  

 



  

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believe is pertinent information. I suspect that most of 1t 

isn't. but 1 guess that 1s one of the reasons we have 

Judges, is to make those decisions. 

I am going to call for announcements in Just a 

minute sc that Mr. Smith can tell the plavers, and that we 

can make a program. We will not do this again. It locks 

like to me it 1s going to take 15 or 20 minutes for all of 

vou to make sure that your clients know that you are 

present. So once we get that dane, we won t do this evervy 

day. we will just figure that you are here and 1f vou want 

to sneak cut 1t will net offend me. But 1t might offend 

vour client. 

[} 
Pr 

All. right. Ms. Long. if you would. please, le 

call this case for announcements. 

{Docket called.} 

COURTROOM DEPUTY: Case No. MO-88-CA-154. League 

of United Latin American Citizens versus Mattox, et al. 
  

  

MR. Rig: Rolando Rios for the plaintiffs. Your 

Honor. 

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MR. BARRETT: William Garrett for the plainti fg 

¢ Ms. FINKELSTEIN: Susan Finkelstein for the 

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in plaintiffs. Your Honor. Erenda Thompson for the plaintif 

Your Honor. 

Me IFILL: Bherrilyrn Ifill] for the plaintitt 

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intervenors. 

MS. McDONALD: Gabrielle McDonald for the 

plaintiff intervenors. 

MR. CLOUTMAN: Your Honor, Ed Cloutman for the 

plaintiff intervenors from Dallas Countv. 

MR. CUNNINGHAM: Brice Cunningham for the 

intervenors from Dallas County. Your Honor. 

THE CDURT: Mr. Cunningham. how long has 1t been 

since vou were out here? 

MR. CUNNINGHAM: I think about six or eight vears. 

Judge. 

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0 0 THE COURT: I think it probably wa 

cone of us look the least bit colder. do we? 

MR. CUNNINGHAM: With all these old folks here. we 

are young. 

MR. HICKS: Renea Hicks for the state defendants. 

Your Honor. 

MR. TODD: James Todd for the state defendants. 

Your Honor. 

MS. KEYES: Evelyn Keys for Harris County 

Defendant Intervenor Sharolvn Wood. 

MR. CLEMENTS: Gene Clements for Harrie Countwv 

intervenor Sharolyn Wood. 

MR. GUAJARDO: Fd Buajardo for the state 

defendants. 

MR. BUINTASNILIL A: FRatael Duintanilia for ine states 

  

 



    

defendants. 

MR. WOOD: Michael Wood for Harris County 

Defendant Intervenor Sharoclyn Wood. 

MR... BMIiTH: Darrell Smith for 

MR. GODEEY: 

intervenor defendant Judge Ent=z. 

MR. ™MOW: Bob Mow for Defendant 

Entz., There will be another gentleman from 

may be here, Bobby Rubarts. 

THE: COURT: Anybody else” 

to note that there are nine lawyers 

ten for the defendants. Flus maybe 

might come in for Mr. Mow. 

Wwe are starting off even. All vight., Mr. Rice, 

teil me a little about what the 'plaintiff expects to prove 

in this matter and what we can look forward to. 

MR. RIOS: All right, Your Honor. Again. Your 

Honor, the minority community from the State of Texas must 

come to the judiciary for the protection of its 

constitutional statutory rights. Again, Your Honor. the 

Jugiciary is ti only avenue avaiiabi 

Several minority legislators have attempted to eliminate the 

at large judicial selection process. Senator Craig 

Washington, who will be testifying in Court. and the late 

representative Matt Garcia have since the mid 1970's to the    



  

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present several times submitted bills tc the iegislature 

trying to eliminate the at large election system for 

selecting Judges. Both of these minority legislators were 

products of the White—-Kegister case that basically outlawed 

the at large voting in the selection of state legislators. 

All of these bills that have been submitted to the 

legislature have never even gotten cut of committee. Bath 

of these gentlemen, and many of the minority legislators in 

the legislature are weil aware of the problems that 

minorities have in getting elected at large on a county wide 

basis. Even Justice Phillips has recently stated that the 

present election system is no longer. the selection system 

for Judges 1s noc longer acceptabie. He in his own words. 

Your Honor. stated that the present svetem is harsh on 

minorities. 

The plaintiffs will present evidence on the three 

Gingles Factors, also on the Zimmer, various Zimmer Factors. 

In every one of these counties we are challenging. Your 

Honor, and we have nine counties that we are challenging 

3 
THE COURT: Let me have those names, please. Mr. 

pi
 

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mn 

MR. RI0OS5: Yes. Your Honor. Bexar County. Travis 

County. Harris County. Dallas County, Tarrant County, Ector. 

Lubbock. Midland and Jefferson. I believe that 1s all nine. 

In every one of those counties. Your Honor. we are able to 

  

  
  
 



  

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draw what we call Gingles I districts. And that is 

districte in which minorities comprise at least over 30 

percent of voting age population. Those will be called the 

Gingles 1 districts. In every one of these counties we will 

show that minorities are cohesive and there is a White 

voting bloc that usually leads to the defeat of the 

minority preferred candidates. Those are the Gingles 11 and 

111 Factors. In those. in those areas we will present 

equity charte in each one of the counties. Those eguity 

charts will show that the incumbent Judges and Judges for 

the past five years have never represented ar have never 

proportionately representing the minority community. That 

is tc say that the percentages cof mincrity Judges are 

usually lower than the percentage of minorities in a 

particular community. We will show the election analysis of 

each election in which minorities ran against non—-minorities 

in judicial elections. And the focus, Your Honor, will be 

in District Court elections or local judicial elections. in 

some of these counties we do nict have District Court 

most similarly compared to District Court elections, tiw 

local District Court elections. 

We will also focus on prior Court findings in many 

of these areas, Dallas, Harris, Lubbock, Midland. and the at 

large voting. at large election system has been suspect. we 

  

  

  

 



  

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will also present what we call hypothetical districts. Your 

Honor. We will take elections in which minorities ran at 

large and lcst and focus in on a minority area. 

Hypothetically had that minority area been a district the 

minority would have won and would have been sitting on the 

judiciary, 10 show to the Court that that ig the candidate 

cf choice of the minority community and vet gets defeated at 

large. 

What is the state’ = position? The state’ s 

position is that. number one. they will argue that parties 

is the prebliem. What 1s happening here is that Republicans 

are getting elected as opposed toc Democrats, it 1s nicl race. 

They will argue that campaign techniques that were being 

use are inadeguate. They will argue that the minority 

candidate lost because they did poorly in Bar polls. They 

will argue they didn't have enough money. All of these 

arguments are similar arguments that were used by the state 

of North Carolina in the Gingles case. All of these 

arguments are directed at. directed at taking the Court's 

attention away from the fact that the minority’'s choice is 

 T2l] not being realized. 1] I.
 

ri
 In conclusion let me just say. Your Honor. ths 

the principles and ideals that our Constitution and our 

Civil Rights stand for mandate that when you consider in 

3 [y 1 
H light of the fact that the at large election system 

  

  

  

 



  

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discriminatory and diliutive 

community. 

state will not present any C 

compelling state reason for 

order for us to csysiem. in 

democracy and the ideals of 

system will have tc fall. 

THE COURT: Thank 

Fecos River” 

MR. HICKS: I hope 

river. 

I will THE COURT: 

are not voting you man 

MR. HIKES: I was 

1 don’ ¥ want 
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case in Pecos. 

I have explanations, but I d 

for awhile. 1 hope 1 can, a 

can. sxi11] 

Your Honor, it is 

is about poiz 

ef minorities and it present 

from the state's perspective 

hundred year old system. © It 

minority voters who don’t wa 

weighed against the fact that there are. 

show up around some Judges 

effect on the minority 

and the 

ompelling state interest. 

maintaining the present at 

be true to the principles of 

democracy the present at large 

youl, Mr. Rios, What saith the 

vou don't see it as a drv 

of the vesr. 

L 
hoping wn vou wouldn't set th 

to go near any of those peaple. 

on't think I want to see them 

ter the end of this case that 1 

in the state of Texas. 

no surprise, it 1s quite obvious 

tics, It 1s about the way 

cc nct affect the voting rights 

s very important issues. both 

cf justifying the validity ot a 

presents important issues for 

nt to have their voles 

  

  
 



  

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submerged, as they have been in the past, as White versus 
  

Register stated back in the early "70's. it is important in 
  

that sense. Since it involves politics ang Section Z of the 

Voting Rights Act was intended. it is quite obvious, to get 

at the practical political problem, that is that sometimes 

electoral structures can be a facade behind which can pe 

hidden a diminution of the rights of minority voters. The 

Court has to take a practical approach in getting at the gt
 

problem. It cannot take an unrealistic approach. 

The Supreme Court in Thornburg versus Gingles., 
  

there is not & majority opinion there, but in Thornburg   

versus Bingles the Supreme Court said. I think this is a 
  

direct gucte, that this Court, and the parties Dring 

evidence to this Court. have to help it do this. has to 

conduct a searching practical evaluation with a functional 

view of the political process. I think the testimony that 

you are going to hear in this case about whether there is 

racially polarized voting and whether there is White bloc 

voting sufficient to usually defeat the candidate of choice 

of minority voters in the varicus counties under attack 1s 

CGin to reveai: WE GasSi1iC&ity O37 1
 

problem. One is what 1 view as a totally impractical 

approach of the plaintiffs and their experts. They ignore 

the principal factors in the way votes come out for judicial 

m it races. And the people partisan preferences ar 

  
 



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irrelevancy to the plaintiffs’ experts. Our expert, Dr. 

Taebel., primarily will testify in such a way toc get at the 

practical realities of what i= going on in Texas counties 

today in judicial elections and in other elections that give 

some indication of the way judicial elections would be 

conducted 1f minority candidates were involved. The 

  
  

situation today 1s not like it was in 1972 when dhite versus 

Register was decided. The plaintiffs are going to ci 
  

vou or ask vou to take judicial notice of a iot of findings 

in White versus Register and the satellite of cases that 
  

come around it, Heves versus Harness. involving different 
  

counties. It seems to me that it doesn’t take much to 

realize that between 1772 and 1989 a icot has happensd in 

Texas politics. And you can't just plop down an old 

structure, old findings, 17 years later in &ll these 

counties and say it shows that things are bad for minority 

voters because Whites won't vote for minority candidates. 

It just doesn’t work. And Dr. Taebel is going to 

demonstrate that. He i= going to show that minority 
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candidates through the primaries and primarily throuah 

Democratic Framary., since that is where an overwheiminoly 

bulk of minority voters vote. through the Democratic Fraimary 

there 1s no cutoff of access toc minerity candidates or 

preference. the preferred of minority voters in terms of 

election fo
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d 

getting into these general elections. At the geners 

  

  

 



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he is going to show that, primarily through Dr. Taebel we 

will show that White Democratic votes, which ie a bloc of 

voters that is fairly solid in Tex as. White Democrat p
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voters do not leave to go vote for Republican White 

candidates when @ Black Democratic candidate is running. 

They stay with the Democratic party, by ang la rge. Elack 

voters stay with the Democratic party by and large. Hiscanic 

voters stay with the Democratic party 

Republican White voters, which is the predominant group in 

Republican politics iri Texas today. stay with the Republican 

        

  

      
          

party. It is compietely unrealistic to ignore this simple 

fact. 1t can't be ignored. The best example. you will hear 

testimony about a race in Tarrant County in which, I believe 

it was in 1988, May of 1986, there were, you had a 

situation, two races in a General Election for =a Judgeshinp 

in Tarrant County. In one of those races there was a EHlack 

Republican candidate whose last name is Davis running 

against a White Democratic candidate. In the other race 

i < [=
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there was a Riack Democratic candidate whose name wac 

running against a White Republican opponent. 

Fepublican race he Bet ‘40 percent of the White vote. in the 

Black Democrat Davis race he got 40 percent of the White 

vate. There is an interesting symmetry here and the 

addition comes up to 100 percent. and it is quite apparent 

what is happening there. There is bloc Republican White 

 



  

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voters and there is a bloc of Democrat White voters. And 

the big test is whether the Democrat White voters desert the 

Democratic party in the General Election and go over and 

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 defeat the preferred candidate of minority voters that comes 

up through the Democratic party. That 1s the central tect 

I think 1% 1s &ls0 very important for the Court to 

keep inn mind what is not involved in this case, or whether 

or not 1t plays only a minor roie. Giuestione of racism. 

Thornburg versus Gingles in 1982 amendments to the Voting 
  

Rights Act. Section Z2 of the Voting Rights Act. guestions of 

minor role inn the anaivsEise that the Court has i fl pa pod
 

in 3 5
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to conduct in evaluating the evidence. - good example of 

how this can get confused in the course of presentation of 

the evidence to you can be illustrated by the situation 

where we will have evidence, a poll was conducted at our 

reguest to determine the number of eligible minority lawvers 

who could serve on the bench in the various counties. The 

percentages are very low. And the evidence 1s going to show 

that the number of minority Judges sitting on the bench in 

percentage of minority lawverese that are eligible to serve. 

And as that number goes up the number of minority Judges 

tends toc go up. There is an obvious reaction to this. I 

believe. and it seems to me an ocbvicus reaction of the Court 

  

  

  

 



  

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might be what gall the state has tc raise this as an issue. 

The state. through the University of Texas Law School. until 

pa
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1950 wouldn't even let Blacks in the iaw school. What ga 

for the state to even make this an issue 1n this case. The 

problem is not, you cannot transport the sins of the past 

that have gitiac is that carry over into the present. suc 

a shamefully low number of minority lawvers in Texas, that 

does not translate into a viclation of the Voting Rights 

Act. It says virtually nothing about the Voting Rights Act. 

It says a lot about why the number of minority Judges are so 

low and it says a lot about what can be sought when the 

petween the = pi
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fl comparison that 1s asked toc be 

percentage of minority Judges sitting on the bench on a 

county and a percentage of eligible voters in the county. 

What is being asked for in that case is proportional 

representation, which Section 2 explicitly prohibits. That 

is not & right that can be asserted under Section 2. 

There is another argument that you will hear very 

1 briefly, because it doesn't take really evidence on this. 

And that 1s that these judicial districts are all single 

% v ry
 , mh 1 I rt
 

r Mn
 memnher districts already 

in a county and much less like a situation of a city council 

n in r+
 wu rt
 m po
t mM 1a
 

—
 in ou
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nt
 

r
i
 0 -
 member sitting on the city council or 

sitting in the state House of Representatives. Judges ir; 

Texas. Trial Jdudges in Texas, not Appellate Judges, Trial 

      

  

  

 



  

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Judges in Texas are elected to be sole decision makers. 

They do not go sit on a collegial body and decide matters 

with a group. They have to make evidentiary rulings by 

themselves. They have to issue jury charges by themselves. 

It is their decision. they are the scle focus of the 

decision making authority. In that situation they are very 

much like & sheriff. You cannot carve up a district for 

sheriffs. 

You are also going to hear the plaintiffs, they 

have a claim that Article VV, Section 7(al){i1}) of the Texas 

Constitution, which —— well. I will tell vou what it 12 in a 

ceccnd. Firgt 1 wil tell vou what their argument is. ; : 

Their argument 1s it ies intentionally discriminatory against 

minorities in Jexas. There is not a shred of evidence to 

indicate that. Article V. Section 7(a){(i) was put in the 

Texas Constitution in 19805. It essentially says that the 

state judicial District Court. which 1s a defendant here 

essentially. cannot create a state judicial district smaller 

than a county. unless the voters of the county. through =a 

referendum escsentiaily asks that one be created. There was 

no campaign conducted around Lhat piece of legislation in 

terms of opposition to it by anybody. i think you will hear 

as the evidence that Senator Craig Washington voted toc put 

that matter cut of committee. voted for it. 6nd I think he 

is the principal person that is going to testify that 1t was 

  

  

  

 



  

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potentially discriminatory. 

There is one small matter that vou will hear 

There are really ten counties involved in this, not na 

Cne of the Courts under chalienge in Lubbock County is 

Judge that was elected from voters from Lubbock ana Cr 

County. ‘Even if the Court does not accept the legal 

argument that all these judicial districts are already 

single member districts. 1t still holds that that judi: 

district is a single member district. That 1s the oni 

Court in which geographic area from which voters can v 

the two counties there. It seems like that that Count 

should be cut out of this lawsuit. l thing it is the 

or 72nd. 1 have a mental block on which one 1t'is. Mr 

said that the state has no compelling interest for the 

maintenance for the present system. The state doesn't 

to have a compelling interest for the maintenance of t 

— 

present system. That is not the test here at all. There 

a minor part of the inquiry the Court must conduct und 

what 1s called one of the Zimmer Factors which are 

increasingly insignificant. 1t seems like in this kind 

A 

i"
 ] 

conduct into whether the present system has any policy 

basis. But we do not have to present evidence that tn 

a compelling reason for ite existence. I think going 

to the proportional representation point, 1 think Mr. 

hil
   

  

he 

-
 in 

  
oF 

m 3 Mm pe
t in 

back 

0 

  

 



  

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everi used the term that he can show there is not 

proportional representation. - It shows tc me what the 

plaintiffs are really trying tc get at in this case, anc 

that is a claim of the right to proportional representation. 

And 1 don’t think they are entitled to that. 

explicitly says they are not. 

The test. ultimately under this. is not whether 

mincrity candidates or minority voters would fare better 

under a different system. it 1s quite possible 2f you carve 

the state up into single member districts for Judges that 

are minorities. there would be more minority Judges on the 

bench. 1t 1s quite possible, 1 don't know the proof on 

that, but 1t is quite possible it might happen. But that 

save nothing about whether the current system 1s invalid 

under Section 2 or the Voting Rights Act. The test < -— p
t
e
 

whether minority voters votes dilutes it, and the biggest 

part of that test is whether or not White voters vote as a 

bloc sufficiently enough so that they usually defeat the 

minority voters candidate of choice. And I think vou will 

hear hardly any testimony from the plaintiffs that 

¢ THE COURT: Thank you, Mr. Hicks. Anybody else 

that feels compelled tc make an opening statement?” Yes. 

sir, Mr. Clements? 

MR. CLEMENTS: Your Honor. do you wish plaintiff 

  

  

  

 



  

10 

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intervenors and defendant intervenors to” 

THE CURT: I would bing of like to 

everybody is 

MS. McDONALD: Your Honor, if 

Court, we would like to divide just a very short 

0 won't use 20 minutes, a very short period to exp 

position. 

THE. COURT: Thank vou. 

MS. McDONALD: Far 

Association and Harris County voters. 

Me. IFILL: Your Honor. the most impor 

statement that was made by Mr. Hicke for the sta 

x po in Mn Honor, 1h: YOury 

about politice nor is it about eres nor is it 

lawyers. This case is about voters. and the opp 

particularly in Harrie County, for Black voters 

representatives cof their choice toc the 

Because this case is about voters and 

lawyers or about Judges. many of the statements 

state made are simply untrue. We are nol seeklin 

oroportionsl vepresentatione Your Honor vie are 

opportunity for Black voters to be able to effec 

exercise their franchise. The kind of comparisc 

state is going to ask you to make are similarly 

locking at the eligihlie pocl of av For instance, 

it pleases 

hear where 

the 

period. We 

lain our 

the Houston Lawvers' 

tant 

ortunity, 

to elect 

not about 

tively 

ns that the 

sncorrecy. 

  
 



  th Totckach 3d Sok oF Sas eo 

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14 

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minority lawyers in 

ie articulated vnndeyr the Vot 

the voter. not the right of 

an Hispanic lawyer to get 

voter. Moreover. we can 

po
ad

 

iY] n County there are viable BE 

every contested election, 

180 and who have been defea 

It ig true that 

intensive. 

guidelines 

under the Voting Rights 

particular 

ciearly 

these 

but the Supreme Court has 

and well developed standard 

1-315 

distracts. The right that 

ing Rights Act is the right of 

to get elected or 

right of the 

demonstrate in Harris 

who have run in 

election, 

ted. 

are complex Tac Cases 

provided clear 

The three most important elements of the 

plaintiffs’ case are one. 

are significantly large and geographically compact to form a 

majority in a single member district; 

s for viewing cases 

they prove that Hlack voters 

that they demonstrate 

that Black voters are politically cohesive and that they 

demonstrate the White majori 

the preferred candidate of E 

he plaintiff inte 

211 clearly prove a 

Racially polarized voting 1s 

plaintiffs’ case because 1t 

and II. that is that RBiacks 

and III. that Riack voters a 

three of The 

ty votes as a bloc to defeat 

lacks. 

rvenors from Harris County will 

important 

the linmnchpin of the 

tends to prove both Gingles 1 

excuse me. il are politically —— 

re politically cohesive and that 

  

  

  

  

 



  

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Whites vote as a bloc te defeat the Rlack candidate. The 

plaintiff intervenors will demonstrate that in Harris County 

there 1 17 contested District Judge elections and we will 

focus on District Judge elections since that is the office 

at issue in this case. Black voters have overwhelmingly 

supported Black candidates in 16 out of 17 of the elections. 
fo
e]
 

po
ed

 

ot
e 

~
J
 

That in a cf the elections voting was racially 

polarized. 

Now. the defendant and the defendant intervenars 

are going to ask the Court to pay particular attention to 

other factors which they believe are critical to this case. 

Most importantly that vou pay attention tc the political 

party of the candidates, and alsc that vou pay attention to 

other factors, whether the candidates were able to-raise a 

significant amount cof money. whether the candidates were 

incumbents and other attendant factors. 

First of all it ise the plaintiffs’ argument that 

these issues are irrelevant. Gingles has specifically 

stated that it is the difference between the choices made by 

Black and White voters that 1s the focus oo 

11 the reasons for the differenc 

and indeed other Courts have recognized, that it is 

to go into the minds of Ya
ni

d 

m ~4 0 3 r
t
 

m r
i
 

"3
 

[W
H m iy 0 ~h
 

dy
 

fu
 nM r
t
 

in
 impocssibl 

particular voters toc determine whether or not racial 

hostility was present in not voting for minority candidates. 

  

  

  

 



  

~J
 

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The important issue is the pattern, the pattern that emerges 

after 17 contested District Judge elections in Harris County 

that clearly demonstrates that there 1s a difference petween 

the choice of White voters and the choice of Black voters 

when Elack candidates are running for District Judge office. 

The plaintiff intervenors will also be able to 

cleariy demonstrate that Blacks in Harris County are 

ll
 sufficiently large and geographically compact to form 

majority. not in one district but in at least 1 single 

member districts. Those districts will be majority Blacks 

in total population, in voting age population and estimated 

Mr. Hicks said that racism plays a minor role in 
kb} 

2 
a 

[o
" 

b
e
 

4 

ni
 

in
] hi mM My g po
t ri
 

hel
, 3 1 

~ ft
 your anaiveis in these cases. Ang 1 

point to a certain extent. I will agree with him that 1t 1s 

not possible for us to determine whether each and every 

White voter who walks into a voting booth and exercises 

their choice and does not vote for a Black candidate, is 

|
 a p
d
 

impossible to determine whether that is because of rac: 

hostility. | But that is not important in this case. It. i= 

not important whether they are not voting for that cancioaste 

because that candidate didn’ t have enough money or because 

that candidate wasn't an incumbent. What 1s important. 

however, is that Black voters are unable to elect 

- 

representatives of their choice under the current at lar a
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24 

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system in Harris County, Texas. And the Voting Rights Act 

is meant to address that issue. not the right of lawyers, 

not the right of Judges, not the right of political parties. 

The Fifth Circuit has also noted that a viable candidate is 

the candidate that is sponsored by the minority group. In 

the Campos case the Court recognized that other factors that 

the State may use to determine a candidate is not viable is 

not significant to the trier of facts determination as to 

whether a Black candidate 1s a viable candidate. I ask this 

Court to pay close attention to the rights that are at issue 

in this case. The rights of BRlack voters to effectively 

exercise their franchise and elect representatives of their 

choice to the District Judge bench tn Hare is County. Texas. 

MS. McDONALD: Your Honor. my name is Gabrielle 

McDonald and I represent the intervenors, Houston Lawyers’ 

Association. That is a group of predominantly Rlack 

attorneys that was formed before September of 1965, because 

prior to that time the Houston Rar Association had a 

racially exclusionary clause and Rlacks could not join the 

Houston Bar Association. Sc thus the Houston Lawyers’ 

Association was created, a group of lawyers in Harris 

County. It 1s predominantly Black. 

We also represent, however, voters from Harris 

County. And I think that Ms. Ifill has made. that very 

clear. This is a voter ' s case. We are not here to advocate 

Ln Ey AEE TNE YL nese 7 vt pk ww = 

  

  

  
 



  

24 

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1-23 

that there should be X number of Rlack Judges, X number of 

White Judges. We are not here to advocate there should be X 

number of Democratic Judges. X number of Republican Judges. 

Indeed, 1 think it should be very clear that as far as the 

Harris County intervenors or Houston Lawvers’® Association is 

concerned, we are representing Black voters, we are not 

raising the issue of whether or not the right of Hispanic 

voters in Harris County has been diluted in violation of the 

Voting Rights Act, but I suppese as 1 listen to the lawyers 

arguing back and forth —— presenting their opening 

statements, not arguing back and forth, presenting their 

opening statements —— I say what is new. what 1s new about 

what we are talking about? There is nothing new. The 

voting, we start with the Constitution. The Constitution is 

very nice, but we needed the 15th Amendment to permit Black 

voters to vote. That is very nice, too. But then we needed 

the Voting Rights Act of 19465 to make sure that the 15th 

Amendment was followed. Now what we have in this case is a 

case addressing the issue of whether or not the vote of the 

Black voters in cohesive areas in Harris County. where you 

have a Black neighborhood, predominantly Black, and they 

vote 95. 98 percent for the candidate of their choice who is 

usually EBlack. But that is not important. It 1s the 

voter's right. And then what happens? The evidence will 

show that there is a White bloc vote, and that dilutes 

  

 



  

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their vote. When 1 say dilutes, that is what all these 

beautiful cases say, and 1t is nice to read them. I have 

read them, and my eyes have fallen out because 1 have read 

them, but it is very simple. What happened is their vote is 

cancelled. They can vote every day of their lives, every 

time there 1s an election, and 995 percent of the 

predominantly Rlack areas will vote for Black candidates. 

We will show there 1s a pattern. that they lose, they lose 

because the White bloc stops them. And they are not voting 

for a White candidate. we would submit, they are voting 

against a Black candidate. But intent is not a requirement 

under the Act. What we are talking about really. Your 

Honor, is nothing new. We are talking about effectuating 

the rights that began with the 15th Amendment. avd just 

carried through the Voting Rights Act. It has already been 

applied for legislators, it has already been applied for 

city councilmen, and now it has already been applied for 

Judicial elections. I hope we don't hear, as we have seen 

in their pleadings from Defendant Wood, that the Voting 

Rights Act is unconstitutional. I hope we won't have to 

fight that battle in Court. We are prepared to do it. I 

suggest a better place to fight that 1s to take a group and 

go to their Congressman and fight that battle, see 1f they 

can get it overturned. Maybe it can. not here though. 1 

hope we don't have to fight that battle about whether or not 

  

  

 



  ET CN TR TET TE Ray i Ee -~ 

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the Voting Rights Act applies to judicial candidates, 

because it is clear that it applies. And I learned 

  something in law school many years ago about theory decisis, 

and it applies. The question is whether or not 1t means 

here. | 

You are going to hear something about statistics. | 

You are going to hear from experts. It 1s important, | 

because the cases say they are fact intensive. You are 

going to need a pool. You are going to need, and we will 

  offer in Harris County at least, what we have. We have 

Black voters in certain precincts. we have White voters in 

certain precincts and we look at numbers. We then apply 

very simply the numbers of people in precincts and see what 

happened in the elections. And that 1s why 1 am saying. and 

we will show, that in excess of 95 percent of predominantly 

Black areas vote for Black candidates and then are cancelled 

out by predominantly White areas. You need that, you need 

that data. But you need something else. We are going to 

  offer some lay people. And when I say lay people, we are 

talking about voters. These are the people that are going 

to put this flesh, put the bones, the flesh on the bones. 

it is nice, and we need these statistics. But we are going 

to tell you, or they are going to tell you what 1t is like 

to be a voter and to go consistently and vote for the 

  candidate of your choice and the next morning you awaken and 

 



  EE EN TRI TT AS WS TYE 

24 

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~3 1-26 

say my goodness, you look in the paper. you see 95 percent 

of your particular, and we are talking about Black areas, 

voted for a particular candidate and the candidate loses by 

maybe 1,300 votes. Why? Why? BRecause they can't win 

Harris County wide. It 1s impossible. They can’t win 

because they don't have the money. they can't win because 

they are not typically incumbent, they are not typically 

incumbents because, as the State recognizes, you talk about 

sins of the past, we are not talking about sins of the past. 

iI don't know the past, for him, we are not talking about 

White versus Register, we are talking about 1986 when every 
  

single Democratic incumbent won except who? The Blacks. the 

three, and’ they lost. They lost. Every incumbent, 

Democratic incumbent won. Only Rlacks lost. why did they 

lose? We submit because of racial bloc voting. We say if 

that is allowed to continue the vote is meaningless. 

Because you may have a Constitutional right under the 15th 

Amendment, you may have a statutory right under the Voting 

Rights Act, but if it continues to be, if it continues to, 

well, 1f the system continues the way it is you lose 1t 

because 1t 1s cancelled out. So what we are asking 1c 

follow what has been done in other representative areas, 

legislators, councilmen, and apply it to Judges. You will 

hear from former Judges, Judge Routt, Judge Tom Routt, he 

won . He 1s Rlack, he will tell you why bv deposition. He 

  

  

  

 



  

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run and he will tell you why times have changed, and 1it 

becomes more difficult for Blacks to win in Harris County. 

We can’t bring him here. He is quite a distance away. You 

will hear from Judge Weldon Berry, how in 1984, I guess 1it 

was, he had everything going for him, everything. He had 

the endorsements. he had the money and he lost. You will 

hear from Judge, attempted Sheila Jackson Lee, she ran 

several times. All of these are Blacks. And she lost. You 

will hear from Senator Craig Washington who made a concerted 

effort to introduce a Bill that would have changed the 

system, or would have avoided why we are here. What we have 

is Article V, Section 7{a){i}), which for the first time, 

for the first time, provided that District Court Judges, and 

that is all we are talking about in this case, State | 

District Court Judges, must run from a district no smaller 

than a county. In 1985 that passed. That was the first 

time. There was no prohibition, it was written nowhere that 

that was the limit. But we had a Constitutional Amendment 

that was offered, and Senator Washington will talk about. 

He was opposed to it, he of fered legislation for single 

member districts. There was opposition. There was an 

Amendment offered in the House that changed our position, 

what was the judicial districting Bill, that then required 

for the first time as a matter of law that Judges, District 

Court Judges, run from no smaller than a county, county   
 



  NW ETRE TREAT EE ON RNP RIS WE ie pet RSE MeL ES 

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district. We submit that that was in response to the 

writing on the wall. Senator Washington was saying. guess 

what, we want a single member district. Guess what, 1t may 

mean that there will be more minority Judges, but most 

importantly it will mean that minority voters will have the 

right to have their vote felt, and that is what he was 

talking about. In response to this the House then amended 

the proposed Eill and put in that section. We do not have 

to prove intent. We don't have to prove, and we can't, we 

can’t prove that House members sat down and said. guess 

what, we are going to stop minorities from becoming Judges, 

we are going to stop minority voters from election 

candidates of their Seles by putting in this section. We 

can't do that. It 1s impossible. It is not required under 

the Voting Rights Act. If Intervenor Wood continues in his 

position that it has taken in its answer, that somehow the 

Voting Rights Act is unconstitutional because there is no 

intent requirement, and the 15 Amendments, 15th Amendment 

and 14th Amendment had an intentional requirement, thus the 

Voting Rights Act is unconstitutional, I want to hear them 

say it. 1 want to hear how long it is going to take for us 

to argue that. And 1 want to cite just a publication to the 

Court that will say that is garbage. That is not something 

lIlthat we need to be talking about. So you will hear from 

these expert witnesses, and vou will hear from lay 

  

  

  

 



  

24 

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1-29 

witnesses. But again, Your Honor, let me reiterate what 

this case 1s about. The case is not about Democrats or 

Republicans. We are not here, we are not here to make sure 

that the Democrats perhaps continue to maintain the 

predominance that they have had in Harris County. We are 

also not here to say that Republicans who are new to Harris 

County should all of a sudden maintain this newness that 

they have. the newness in the political system they have 

acquired. That is not what it 1s all about. What this is 

about 1s whether or not there is a pattern. There will be 

some vagaries. We are not saying there are no Blacks who 

have never won. Some slipped through, some slipped through. 

Some are sometimes unopposed and there are a number of 

reasons, but the pattern is that Blacks have consistently 

lost when Black communities have voted 98 percent for their 

preferred choice and it is usually Black. And then they 

lose because of White bloc voting. That is what is a 

violation of the Voting Rights Act, assuming we prove the 

other three factors that we have talked about. We submit we 

will be able to prove it through our statistical evidence, 

and we ask the Court to listen our witnesses what 1t 1s 

really like to be a voter and what it 1s like to vote 

consistently and have your vote cancelled out. Thank you. 

THE COURT: Mr. Clements? 

MR. CLEMENTS: Your Honor, would vou like Harris 

  

  

  

  

 



  

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County intervenors to reply? 

THE COURT: Why don't we, let's listen to Harris 

County. 

MR. CLEMENTS: All right. Thank you, Your Honor. 

Ms. McDonald says very articulately, very ably, very 

energetically this 1s not about Republicans or Democrats. 

Hut we don't want to perpetuate Democratic vote systems in 

Harris County. What we are concerned about 1s the rights of 

Black voters to vote for the candidate of their choice. And 

what we are here to show to you through the evidence. Your 

Honor, 1s that a Section 2 requirement of, as Ms. Ifill put 

it, the White majority voting as a bloc to defeat the 

preferred candidate of the minority is simply not true in 

Harris County. And we will do it by the kind of intensive 

fact analysis which will look into the important question, 

which is ultimately the question that any political race 

turns on, and that is why do some people win and why do 

other people lose. And what implication does that have for 

the acknowledged rights of Blacks under the Voting Rights 

Rct. And we submit to you, Your Honor. that the very facts 

that have already been alluded to, though no yet placed in 

evidence, are indicative of what those real reasons are. 

What did Ms. McDonald and Ms. Ifill tell you? Number one, 

they didn't say this but it 1s implicit in the first figure 

Ms. McDonald mentioned, which was the 98 percent of Blacks 

  

  

  

  

 



  RE PER RD TL LEY 

24 

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1-331 

vote a straight Democratic ticket on judicial races. That 

is not 98 percent just for Black candidates. It ranges from 

G4 to 98 percent, depending on all sorts of factors. Hut 

between 94 and 98 percent of the Elack voters in Harris 

County, according tc their evidence. vote for Democrats. 

The evidence will further show that 90 percent of 

all votes case in judicial races in Harris County are 

straight Democratic or Republican judicial votes. These are 

people who don't know or care about the race of the 

candidates or about their gender or their affluence. or 

where they live. They came into the voting box, probably to 

vote at the head of the ticket on top of the ballot items, 

or because they were committed Democrats or committed 

Republicans. And when it came to the down ballot races 0 

percent of the voters voted either straight Democrat or 

straight Republican judicial ballots. The discretionary 

judicial voters, that is the swing voters, those who will 

vote for a Democrat or a Republican. depending on factors 

other than pure party. The evidence will show 1s 

approximately 10 percent of the voters in Harris County. 

Those discretionary voters are the people you campaign for, 

the people you seek to get out. the people who can change 

their minds and might change their minds. We are going to 

offer some evidence about who campaigns where and how and 

with what effectiveness. 

  

    
  

 



  

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1-32 

Is the fact that at the present time, and what we 

are talking about is now, there are 19.7 percent Elack 

voters in Harris County and only 3.7 percent of the Judges 

are Black, District Court Judges are Black, does that mean 

that the preferred candidate of the minority is being 

submerged in a sea of White bloc votes? Well. Your Honor. 

let's ask the crucial question, and we think the evidence 

and the witnesses will ask and answer this, who 1s the 

preferred candidate of the Elack minority? If the preferred 

candidate is the Black candidate. as Justice Brennen’'s 

opinion in Gingles seems to suggest, then how do you 

account for Mamie Procter. Elack Republican. who received 

overwhelming support in the White community. in he Black 

community her race may have persuaded the princely sum of 3 

percent of the Black voters to vote less than a straight 

Democratic ticket and to vote for her, an articulate, able 

Black Republican. Or consider Judge Ken Hoyt, who in 1984 

was elected to the highest post a Black has ever been 

elected to in the State of Texas. matched only by Henry 

Doyle, a Black Democrat sitting in the same Court of Appeals 

in Houston, Texas. Those two gentlemen were elected with 

totally separate constituencies or voters. Henry Doyle got 

the traditional 95 to 98 percent of the Black vote which 

voted Democrat, Ken Hoyt got all of 95.2 percent, got the 

Black straight party Democratic by ballot down to 95.2 

  
  

  

 



  

24 

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1-33 

percent for his White opponent. He managed a 2.7 swing in 

the number of votes of Rlack Democrats. Black voters voting 

for this Black Republican who was able versus every other 

Kepublican on the ticket. How do you account for Chervl 

Irvine, Black Republican candidate running against Jimmy 

Duncan. not a particularly favored candidate of the Black 

community, very conservative White Democrat, a bad press, 

very much in disfavor in the Houston Rar according to the 

Houston Rar Preference Poll. Here you have an articulate 

able Black woman running as a Republican and you have a 

relatively unattractive two Elack candidates running as a 

Democrat in the Black precincts. Cheryl Irvine managed a 2 

percent swing. She bettered the traditional Republican 3 to 

o percent of the vote by 2 percent. Jimmy Duncan. the 

conservative Democrat, received over 90 percent. almost 95 

percent, of the vote of Blacks in that case. Who is the 

preferred candidate? Obviously the preferred candidate, as 

Engstrom says. cannot be a Republican who is Black because 

they are overwhelmingly voted against. If you look at the 

results only and don't look at qualifications, 

endorsements, who the Blacks, who will testify here in 

favor of the plaintiffs, say they favored in the Ken Hoyt- 

Michael O'Conner race, in the Cheryl Irvine-Jdimmy Duncan 

race. If you don't look to anything other than results, 

then Rlacks favored the Democrats even against BRlack 

  

  

  

 



  ONT YR ES TTS 

24 

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1-34 

Republicans. So the inquiry, as Ms. McDonald and Ms. Ifill 

put it is who is the preferred candidate and does the White 

majority customarily vote to swamp the preferred candidate 

of minorities. The answer to that is very simple. 

Currently there are 59 District Judges in Harris County. 

Thirty-five of those are Democrats. They received the 

customary 94 to 98 percent of the Black votes in Harris 

County. They are the preferred candidates. Three of them 

are Black, Judge Routt, Judge Feavy and Judge Walker. Eut 

Judge Routt, Judge Feavy and Judge Walker get the same 

percentages of Black votes as do all White Democrats. 

You look to the other side of the coin, and if 

White voters are supposedly voting as a bloc to defeat the 

aspirations of the minority to elect judicial candidates of 

their preference, only 25 Judges are Republican. Granted 

those 25 Judges were principally elected with White support 

because 94 to 98 percent of Blacks vote straight Democratic 

tickets. But that does not make them candidates who were 

elected by a White majority to stop a Black candidate. 

Now. true intent of the voter is not a proper 

inguiry under Gingles, but in a totality of circumstances 1t 

is inevitable and necessary, as the Louisiana Court just did 

in Chisum versus Roamer, in finding for the defendants —— by 
  

the way, the only other decided case in judicial races under 

the Voting Rights Act —— that you have to look at & broad 

  

    
 



  

24 

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1-35 

spectrum of factors, including why voters vote the way they 

do. So 1 think the evidence will show that if you look at 

particular circumstances that Ms. McDonald mentioned you 

come to the same conclusion. For instance. Ms. McDonald 

said we are only concerned with District Court races. and 

ves she told you that in 1986. out of 19 incumbent 

Democratic candidates running for reelection. 16 White 

candidates won, three Black candidates lost. What she 

didn't tell you was only one of those was a District Judge. 

The other two were County Court at Law Judges, Fitch and 

Williams, one of those they proposed tc have here as a live 

witness. The inquiry then becomes why did Flummer. Fitch 

and Williams lose? And this again Ms. McDonald alluded 5 

when she pointed cut to vou that that year a candidate could 

come within 1,300 votes and still lose. Who was that 

candidate”? That candidate was Bonnie Fitch, running for 

reelection. She had been appointed by Governor White just 

months before. She was an incumbent but only barely, 

running and the question was why did she lose. And like so 

many fascinating political race questions you have got to 

dig down into the election returns te find out. Was 1t 

Because she was Black as Ms. McDonald? No. it is because 1in 

1984 in Harris County the Republicans had swept every 

contested judicial race. The Republicans had swamped Rlack 

Democrats and Black and White Democrats across the board, 

  
  

  

 



  

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1-36 

and among the issues which unfortunately was involved in 

that race was the endorsement of the Gay Folitical Caucus of 

all the Democratic candidates. And so the 1986 Democratic 

candidates did not seek GFC endorsement. Oddly enough three 

Republicans did. They got it. Two of those Republicans 

were the opponents of Judge Fitch and Judge Williams, who 

were the two County Court at Law Hlack Democratic incumbents 

who lost. Ms. Fitch lost by 1.300 votes. Why? Because in 

the Montrose area apparently 2,000, what otherwise probably 

would have been White Democratic votes, voted the Gay 

Political Caucus slate and voted far the Republican opponent 

who sought and obtained the GPC endorsement. That is why 

these cases have to be so fact intensive, because you can’t 

permit sweeping generalities such as three candidates were 

Black, three candidates lost, to decide the question because 

if you do that you are adopting proportional representation 

basically, you are assuming that every Black candidate loses 

because they are Black. And that is what Ms. Ifill and Ms. 

McDonald would try toc persuade the Court to believe. And 

that is just not true. 

Let's go back and see what the evidence will show 

about that other crucial year, 1984. We said all the 

Republicans won, it didn't matter what color you were as a 

Democrat, that was your year for defeat. But we will 

present evidence that will show the spectrum of defeat went 

  

   



  

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along this line: the number one finisher among the losing 

Democrats was White; the number two loser was White: the 

number three loser was Sheila Jackson Lee, a Black: the 

number four loser was White: the number five loser was 

White; the number six loser was Weldon Rerry., that very 

Rlack Democratic Judge that Ms. McDonald specifically 

mentioned in her opening remarks who had everything going 

for him in 1984, vet he lost. Yeah, he lost as all the 

Democrats did, but he didn't lose as bad as number seven, 

number eight. number nine who were all Whites, number ten 

was a Hlack candidate, number eleven, twelve, thirteen, 

fourteen. fifteen were all White candidates. and the very 

last candidate was Freddy Jackson, who didn't even have the 

Democratic support or the Black community support because 

frankly he was not competent toc be a Judge. He was the last 

place finisher. He happened to be Black. The last place 

finisher is frequently White. There is no conclusion to be 

drawn from that, but from the analysis of the spectrum. what 

vou see is that in Harris County at least there 1s no 

racially polarized bloc voting that 1s inhibiting the 

rights of the Black community to elect even the Elack 

Bemocrat of their preference. What there 1s 1s that same 

old wonderful concept of politics, people reacting to people 

in different ways. People reacting to campaigns in 

different ways. Some like Sheila Jackson, some don't. A 

  

  

 



  

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fewer number liked Judge Berry, some don’t. And you get 

down to Freddy Jackson who ran last in the race. and 

virtually no one liked him. And it wasn’t because he was 

Rlack, it was because he wasn't fit toc be a Judge as his own 

party indicated. 

No, when you go into the fact intensive analysis 

in races in Harris County we think what you will find 1s, 

first of all political party governs the vast majority oft 

these decisions, 90 percent never think about race, never 

care about race. They are voting their political views or 

perhaps voting the top of the ticket, because clearly in 

1980, 1984 when Ronald Reagan was running well, down the 

baliot Republican judicial candidates ran well. In 1982, 

19845 when Democratic Gubernatorial candidates were running 

well in Harris County, Democrats down the ballot tended to 

do better. But who lost and why? That is a fact intensive 

question. That is something that we want you to listen to 

the evidence and to consider closely. 

Now, in determining how to measure how these ERlack 

candidates are faring. obviously Mr. Hicks has mentioned 

the Ward's Cove requirement that the percentage of Black 

Judges should be measured not against the 19.7 percent in 

Harris County of Hlack voters, but against the 3 percent of 

Houston lawyers, Harris County lawyers who are Blacks, who 

have met the Constitutional requirement of four years 

  

    
  
  

 



  

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practice of law. The reason for that, and we will be 

introducing evidence and arguing 1t., 1s that as Ward = Cove 

makes clear, when you are not locking for —— that happens to 

be an employment discrimination —— when you are not looking 

for an entry level iob, where there are no skills that are 

required, then 1t 1s fair to look to the percentage of 

minorities hired versus the percentage of minorities 

available for hiring. The equivalent would be it is 

appropriate in a legislative or city council race to lock to 

the percentage of Elack voters and the percentage of Rlack 

candidates or Black city councilmen or state legislators. 

Because everyone who is qualified to be a voter 

automatically meets the requirements to be a candidate. and 

therefore to hold the office. That 1s not true with Judges. 

Judges have toc have law degrees, they have to have been in 

practice four years under the Constitution of the State. 

They have to live in the district which they are going to 

serve. A problem in determining the merit of changing the 

present system, since it is going to require a great deal of 

moving around, at least in Harris County. Those are 

Constitutional requirements. Whether or not Hlack 

candidates are faring well or ill we think should be 

measured not against the percentage. the proportional 

representation, if you will, of the total Rlack population, 

but against the number of lawyers who are gqualified to 

  

  

  

 



  

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serve. And by that standard there are nearly twice as many 

Rlack Judges in Harris County as there are qualified 

candidates to run for the race. 

Obviously I think opening statement is not the 

time, although Ms. McDonald has invited me to engage with 

her in a discussion of Constitutional issues, we re here to 

talk about what the evidence will show and discuss with the 

Court after the conclusion of the case the law. We don’t 

take the position that the Voting Rights Act is 

unconstitutional per se. We do take the position and do 

reserve it for appeal because the Court has already ruled on 

the motion to dismiss, the Fifth Circuit spoke in Chisum v. 
  

Roamer too that the Voting Fights Act does cover judicial 

races. We don't think it is Constitutional that it should. 

We don't think that it should, but we are not going to argue 

those with you, Your Honor, you have already decided. We 

won't argue them with Ms. McDonald. We will submit papers 

that preserve the point. 

We think once you have done this intensive fact 

investigation you will find in Harris County, and I think 

you are going to find it in the counties under attack 

throughout this state, the reason Elack voters win or lose 

typically has next to nothing to do with their race. It has 

everything to do with those wonderful idiosyncracies that 

occur in politics, one year is a Republican year, one year 

  

 



    

1-41 

is a Democrat year, one man raises funds, one man doesn’t 

raise funds. One woman runs a bad campaign. doesn’ t go 

outside the ERlack community to seek votes, another 

candidate goes outside and seeks the broader community's 

endorsement and gets 1t. You are going to hear witnesses on 

both sides who will say nothing matters but race. you will 

hear four more witnesses who will talk about the wonders 

that politics can do. Pressing the flesh still makes a 

difference to 10 percent of the swing voters, and 1 submit 

to you at least in Harris County 1t doesn’t matter a whit 

what color the flesh 1s that you are pressing. 

MR. CLOUTMAN: Your Honor. speaking for the 

plaintiff intervenors from Dallas for a moment. 

THE COURT: For Dallas County. We have moved from 

the south to the north. 

MR. CLOUTMAN: To the land of Dallas County. which 

I believe the Court is going te find is a specific and 

separate example from most of the other testimony that 

will hear. 

THE COURT: I would be shocked and surprised if 

people came intac this Court here in Midland could care less 

and find that Midland. that Houston. Harris County says we 

are just like Dallas and Dallas County or vice versa. 1 

would be shocked. Thank you for saving me the shock. 

MR. CLOUTHMAN: Yes, sir. And my learned   

  

  

 



  

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adversaries 1 am certain will emphasize that difference in 

their well spoken arguments against our relief. which they 

will contend basically 1s precluded, because they are going 

to tell you that all the vote differences you see regarding 

Rlack candidates in Dallas County has to do with partisan 

politics, much as you have heard about Harris County. Hut 

for different reasons. 

Let me suggest to you, as several other lawyers 

have, that, one, the telescope tends to focus on the wrong 

subject 1n this case a lot. One of the obvious relevant 

inquiries is to see how many minority candidates can be or 

have been elected and how many run. Hut the most. and most 

often overlooked focus, the most important focus is to look 

at the voters. what do the voters. who are protected by the 

Voting Rights Act, say. They save their votes a lot. They 

say in Dallas County. and we represent just Elack 

intervenors sc I will not speak for the Hispanic position at 

all, the Black voters of Dallas County say overwhelmingly 

they wanted some Judges and they voted for those Judges 

almost 100 percent of their vote, which we can identify from 

what 1s described to you through several exhibits as the 

Black minority area of Dallas. Those candidates have never 

won, never, a District Judge race. They are submerged in a 

very large White sea in Dallas County. And there 1s some 

identity, as you will hear, with voting along party lines 

  

  

 



  

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and race. 

The Voting Rights Act does not immunize the 

Republican party or the Democratic party from challenge if 

it operates as a procedure to dilute or diminish or minimize 

Hliack voting strength. There is not a whit of evidence that 

would suggest that. As a matter of fact in Gray versus 
  

Barnes, one of the inquiries of the three Judge Court made 

was the discrimination practice by the Democratic party in 

Dallas County against Hlack candidates, 1t operated as =a 

cslating group then, and as the Republican party does now 1in 

Dallas County now. It is a dominant White lating group. 

Less than 500 Black voters voted in any FHepublican Frimary 

since 1980, out of the many tens of thousands of Black 

voters who cast ballots in the county. 

You will hear evidence, 1 am sure, on both sides 

of the question as to why. We are going to tell you the 

reasons why are somewhat historic and they are born in great 

measure out of race. They were born out of the Republican 

party's lack of efforts to involve Rlack voters, and involve 

Black candidates until recently. And now the Republican 

basic ability in Dallas County toc write off the in party’ 

Black precincts, because in numbers there 1s strength, and 

they certainly have 1t at large. 

But i1t is not about partisan politics. A slating 

group is just that, it could be the Black citizens’ council, 

  
  

  

 



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it could be the Republican party, it could be the citizens’ 

charter association, as was cited in the city council case 

some ten years ago as a dominant White slating group. Its 

candidates generally won whether they were Black or White. 

but i1ts candidates won, not the other candidates. That 1s 

what the Republican party does in Dallas County. Just like 

any other club for that purpose. 

We will show you under the Gingles test, as the 

lawyers have gone through with you, that there is clearly a 

sufficiently large and geographic compact area of Dallas in 

which the African Americans. Black voters live, and by that 

compactness. through housing segregation patterns over the 

years they comprise at least a sufficient number for one 

and we submit up to eight single member district for 

election of District Judges. Again it is not the race of 

the Judge you look at. but the race of the voters who are 

trying to exercise their franchise. And for that purpose 

there are six to eight such districts in Dallas County. 

The vote of the African American voter in Dallas 

County 1s very cohesive. You will see from the State 

defendants, I believe from even intervenor defendant Dallas 

County exhibits, and our exhibits especially that show that 

almost 100 percent of the Black area vote goes to a 

particular candidate in judicial races. Those candidates, 

and at least by example you will hear from four —— I am 

  

  

  

 



  

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sorry, three candidates, four races, Jesse Oliver, Joan 

Winn, now Joan Winn White, and Fred Tinsley ran as 

incumbents, appointed incumbents as well as one time Mr. 

Tinsley ran on the open ballot election arena as a non 

appointed incumbent, lost at large badly and won at home 

almost 100 percent of the Rlack precincts. Those 

candidates, the people I just identified, enjoyed every 

endorsement that was available. Some where co-endorsements. 

some were mutual exclusive endorsements. Jesse Oliver 

enjoyed the first time endorsement of the Dallas Morning 

News for Fetes sake, a big conservative in Dallas County. 

endorsed the man and he loses at large. He enjoyed very 

good campaign financing and campaigned all over the county, 

and cannot win at large. Joan Winn did the same thing in 

1980. She could not win at large, despite the multiple 

endorsements she received and the available finances she had 

available. Similarly Mr. Tinsley. The county voters for 

whatever reasons, we don’t have to show you the intent in a 

Section 2 voting rights case, would not vote for a BRlack 

candidate at large in sufficient numbers to elect that 

candidate. The only EHiack candidates who have been elected 

to office for District Judge in Dallas County, and there are 

twe now, and were elected as Republicans and enjoyed less 

than 1 percent of the Black vote. There is no mixing and 

matching of the Elack votes of those counties, they don't 

  

  

  

 



      

1-446 

get it. Ard the most recent elected —— 1 am sorry, one of 

the most recent ones is a Judge named Carolyn Wright. A 

qualified woman, sitting on the bench, ran as a Republican, 

campaigned actively in the Black community. Well-known, 

civic minded, well thought of person in the Rlack community 

and spent by her estimate at least 25 percent of her time in 

the Black precincts, as a Republican, less than 1 percent of 

the vote. That is not the choice of the Black community. 

They know her, the voters were exposed to her and knew her 

beforehand and did not vote for her. That 1s not a function 

of partisan politics, it is a function of the voter's 

choice. 

The polarization which you will hear about in 

Dallas County can be demonstrated not just through these 

races, but through non-partisan races for a mirror 

reflection to see what happens in races where the Republican 

and Democratic parties are not involved. Our witnesses will 

show you that there is great polarization in city council at 

large races which comprises most of the area of Dallas 

County, and almost all the area of the Black precincts. We 

will show you that polarization occurs without regard to 

whether it is a partisan race or not. We will show you 

that in all those cases when a Black candidate runs at large 

there is a White bloc of vote sufficient to defeat the 

candidate who is the preferred choice of the Black minority 

  

  

  

 



  
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community. Black communities of Dallas. 

And as unfortunate and shameful as it 1s, there 

are no exceptions to that. There are no special littie 

groups to consider or footnotes to drop to worry about what 

happened toc this candidacy. It doesn't happen in Dallas. 

There is a considerable amount of history that we refer the 

as County po
d Court to in our proposed findings involving Dal 

politics. I won't go over those, they are there for the 

Court to read, but there is a very colorful and I submit 

very shameful history of racial degradation and 

discrimination in Dallas County. That does not go away 

overnight. I wish 1t would, it hasn't. Those factors 

cantinue ta influence the choice for voters inn Dallas, White 

and Rlack. and they tend to vote along racial lines to this 

day. There have still been some appeals to the race of the 

candidate in Dallas. Joan Winn experienced that from her 

successful opponent, Charles Ben Howell, in 1980, who is now 

on the Court of Appeals in Dallas. It doesn’t seem to 

affect his candidacy toc much, but it certainly affected 

hers, she lost. She was the sitting incumbent when she 

lost. There has been a recent, I think almost as blatant 

appeal to race in a District Attorney's race, which is a 

county wide race, by example, in 1986. Where an opponent 

runs a picture of his Rlack opponent. and shows nothing 

about him other than here’ = my opponent. here 1s why you 

  

  
  

 



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should run for me. Those kinds of things are subtle 

possibly, they are not lost on the voters and they are not 

lost on anybody who 1s going to go down and make any swing 

vote decision, if there is such a thing. they are going to 

vote, at least the White voters are urged to vote along 

racial lines. by such a campaign. What point does it make 

in newspaper articles to describe the candidate as the 

candidate or the Black candidate for the District Judgeship? 

What does that have to do with the race. yet it is 

invariably a description that you see attached to the 

candidacy of a Black Judge or Hlack candidate for a 

Judgeship in Dallas. 

I guess the bottom line is. Judge. that no African 

American candidate supported by his African American 

brethren and sistern in Dallas County has ever won a 

Judgeship in Dallas County. The only two that we have have 

been supported by White voters and enjoyed no Black support 

to speak of, less than 1 percent. Two of the 36 Judges 

presently sitting in Dallas are Rlack. Those are the two 

that enjoyed noc Black support. There is only one Democrat 

out of 36 Judges. so it 1s not a matter of mixing and 

matching parties. We submit to you that there is racial 

polarization and the Republican party acts as a dominant 

White slate group in Dallas County, a very successful 

dominant slating group in Dallas County. to submerge. dilute 

  

    
 



  

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1-49 

the vote of the Rlack voters in that county when voting at 

large. 

I don't think you can draw any conclusions other 

than what maybe Mr. Hicks suggested that there 1s another 

body of shameful discrimination involving education and 

certification of Elack lawyers in this state. I don't think 

that translates into the "eligible pool" by which you can 

measure expectancies of RBlack Judges to appear on the bench. 

That presupposes no other factors are operating, number one: 

number two, 1t doesn't focus on the choice of the voters but 

rather on the race of the candidate; and. number three, it 

seems to me there has been, you are nct going to hear any 

evidence and 1t seems td me because you don’ t hear any 

evidence those proffers are meaningless. You won't hear I 

evidence as to whether Rlack lawyers tend to run more often 

than their White counterparts do in proportion to the number 

of the Bar. That would seem to make a difference, if you 

were going to measure how many Black Judges you would see on 

the bench if discrimination was not operating. There is 

just no evidence af that at all. 

So ultimately in Dallas County 1 think you are 

going to be faced with a choice of determining whether or 

not we are persuasive in showing you not only Gingles. but 

Gingle Factors exist but the reason, the one reason that 

Rlack Judges are not elected when they are the choice of the 

  

  
  

 



  

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Rlack voters in Dallas County is race. We submit to you 

that the Republican party is a dominant White slating group 

and to the extent partisan politics are involved they are 

unlawful in Dallas if they operate that way is one of the 

considerations the Court can and should make in this case. 

And we submit that single members districts or some form of 

smaller than county districts is the only appropriate 

election forum for that county. Thank you. 

THE COURT: Mr. Mow? 

MR. MOW: Thank you. Your Honor. My name 1s Bob 

Mow, I represent the Dallas County defendant intervenor, 

Judge Harold Entz. 

As the Court knows, this really involves nine 

separate lawsuits and we are here strictly on behalf of the 

Dallas County portion of it. There is no challenge by the 

Hispanic representative, LULAC or any other Blaintire, to 

the Dallas County system. Hence we are only addressing and 

dealing with the challenge by the Black intervenors. And 

LULAC. on behalf of the Black voters. we filed a motion to 

dismiss on that. 1 understand the Court has overruled it. 

But I will only be addressing the issue of Elack voters 

under Section 2 of the Yoting Rights Act. 

As Mr. Hicks and Mr. Cloutman stated, Dallas 

County is probably clearer than the other counties in terms 

of what happens on the voting, Your Honor. And 1t 1s clear 

  
  

 



  

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that there is no violation of Section 2, very clear because 

there is not racially polarized bloc voting. There 1s 

party polarized voting. And that 1s abundantly clear from 

all the statistics from the plaintiffs’ experts and the 

defense experts, which this Court will hear. 

In terms of numbers there have been nine contested 

elections, judicial elections which are relevant, we 

believe. with RBlack candidates. In the two primaries where 

the choice between Democrat and Republican party was not a 

factor the Elacke won. In those elections. in seven General 

Elections two of them won and five lost. It 1s four of the 

five that are here as intervenors. Hence, out of nine 

contested elections Blacks have worn four cof them in Dallas 

County. And the bottom line is that the Black candidates do 

no better or nc worse than the party does. And that party 

is the pariy of their choice when they choose to run. There 

is no legal impediment, there is no factual impediment, that 

is the choice of the candidate. And that is why it is so 

important for the Court to know that it is party voting that 

determines the judicial races in Dallas County at this time. 

And I think that is important too. because without regarc to 

the name of the party that now wins we now know that 

politics being such as they are that can change five years 

from now, ten years from now. But the plaintiffs are asking 

this Court to totally disrupt an existing sound judicial 

  
  

  

 



  

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31-52 

system in Dallas County to have a party favored. because 

that is what it will come down to. and allow Hlack 

candidates to be elected because they wanted and chose to 

run on a certain party. when that cam all be overturned five 

vearse from now, ten years from now, and I suppose then we 

will be back asking for a different remedy. 

Now, in terms cf the legal tests, Your Honor, 

there is no violation because the Black minority in Dallas 

County is not denied the candidates of their choice. This 

has already been argued. the EKRlack voters will vote almost 

20 to 95 percent straight Democratic ticket at this time. 

Our evidence will show. and I believe all parties will 

agree, that these voters on the judicial races do not know 

who the persons are. They are not voting for persons on the 

judicial tickets. I1t cannot be said that those voters are 

denied a person of their choice. There will be evidence, 

and I believe it is credible evidence, Your Honor, that if 

the same intervenor candidates had chosen to switch to the 

Republican party, as more than one of them have been asked 

to do. they would win in Dallas County but they would not 

get the vote of the Hlack community. So 1t cannot be said 

that the Black voters in Dallas County have been denied the 

candidate of their choice, unless we are talking about 

parties. And that is not the test under the Voting Rights 

Act or Bingles majority or concurring opinion, as to which 

  

    
 



    

party ought to win. 

The evidence will show. Your Honor, that the trend 

from switching parties from Democratic in the ‘60's and 1970 

to Republican has been almost complete. There 1s only. on 

the District Court bench there is only one Democratic Judge, 

and that is because he is fortunate enough to have the same 

name as a very popular disc jockey in Dallas County, we 

believe. and I don't know what will happen when he runs 

again. But the change has been gradual, other than a large 

change in ‘84. But it is now almost complete in Dallas 

County. The Court has heard this, and I want to make my 

argument short. 1 think those are the key factors on our 

evidence. 6 few others. The Black candidates have run 

successful races. Primary and General. in Dallas County. 

There are two Black District Judges now. Judge Carolyn 

Davis will testify. Judge Carolyn Wright won in the primary 

against White opponents. Interestingly enough in one race 

one of them had the same name she did. Judge Wright also 

led the ticket for judicial races. She got the highest 

number of votes of any candidate in one General Election she 

rari. The other Black Dietrict Judge is Larry Baraka, who is 

a Black Muslim District Judge. He beat White candidates in 

a General Election in ‘84 and in his Frimary Election in 

1988. We submit to the Court that the Black candidates have 

achieved success in Dallas County and can achieve it if they   
  

      
 



  

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would choose to run on the dominant party at this time. 

Incidentally, the Republican party is not a 

slating group by any definition. The definition as given in 

Overton against the City of Austin is a slating is called a 

creation of a package of slate of candidates before filing 

for office by an organization with sufficient strength to 

make the election merely a stamp of approval of a 

preordained candidate group. The Republican party or 

Democratic party is completely open, anybody can sign up and 

run in the primaries, witness a candidate that was talked 

about in Harris County who was not gualified to be a Judge, 

witness some other people that have run and perhaps run in 

Dallas County. Anybody can sign up. anybody can run and 

there is no organization that discourages anybody from 

running, certainly Elacks or Hispanics. And as a matter of 

fact the Republican party. we think the evidence will show. 

has tried hard to encourage minority candidates to run as 

Republicans. Legally and factually the Republican party 

right now is net a slating group. 

The issue about the Constitutional Amendment 1s a 

false issue. The Constitutional Amendment was thought to be 

a great advance forward in creating a Judicial redistricting 

board to allow it to redistrict and quit having to go back 

to the legislature every time you wanted to consolidate 

districts, to adjust workload between rural counties and 

  

  

 



  

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1=85 

urban counties. It was thought to be guite an improvement, 

I understand, in the judicial system in Texas. Part of it, 

that which 1s a minor part, 1 believe, is that the 

legislature chose. and the people of Texas chose to keep 

their rights with the local, historic local unit of 

Government which is the county. And they Lug that that 

board, since it now doesn’t have toc go toc the legislature 

for approval, cannot redistrict a county without the 

approval of the county voters. Now, I don't know what all 

went into the considerations. but the evidence will be that 

Senator Washington chose to vote for that in conference 

committee when 1t came out. So I don't think that is a 

major issue in this case. 

There is no issue made in this case of 

responsiveness of officials. That is one of the factors 

sometimes considered. The reference that Mr. Cloutman made 

to some reference to race of the candidate was in a race run 

by Charles Een Howell. I think the Court knows. and there 

will be evidence toc describe Judge Charles Ben Howell as a 

maverick, is the best thing that can be said about Judaoe Ren 

Howell. However. 1 submit that 1s the only incident of 

relevance. The other incident is in a different race. high 

profile DA race, and I don't think that is relevant. The 

interesting fact is that Judge Wright and Judge Baraka both 

chose to have their pictures run when there were 

  

  

  

  

 



  

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advertisements run in those elections. There will be 

evidence. Your Honor. and we will offer it, that there are 

good policy reasons for the present system. The test under 

one of the Zimmer Factors is whether or not the present 

system is tenuous and we submit it is certainly not in the 

State and certainly not in Dallas County. Dallas County has 

a system of specialized Courts. 1t has Criminal, Civil, 

Juvenile and Family which obviously each Judge has his 

houndaries co-terminous with county lines. The system has 

been adjusted and maintained to try to keep up with the 

needs of what is obviously a large and in terms of 

population diverse county. We believe that it 1s an 

efficient system in terms of jury Nonird and all factors 

that go into making a Court work as a Court. And there are 

good policy reasons for keeping it as is. The bottom line 

Ean Tus ion, Your Honor, is that Black judicial candidates in 

Dallas County have an equal opportunity to run and to be 

elected. The only reason that the Black lost. other than 

factors which so far haven't presented themselves in the 

races, such as clear disqualification, clearly unpopular, 

the only reasons that they have lost have been that they 

have been a party. of a party that has not been party of 

choice of the voters in Dallas County. That does not 

establish a violation of Section 2 of the Voting Rights 

Act. Thank vou very much, Your Honor. 

  

  
 



  

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1-87 

THE COURT: Anybody else care toc make an opening 

statement at this time? I would hope this —— well, first 

let me ask you. Does anybody wish the Rule involved in this 

particular matter? We have got a number of onlookers here. 

I can’t imagine that with as many depositions as you have 

taken. if somebody testifies one way or the other that you 

wouldn't be able to find that, as you have had enough 

paralegals working on this to be able to find it. Okay. 

Fine. 

Let me give you a couple of things. We are going 

to take about, we will take 15 minutes and take until a 

quarter wnkil 11:00, I will tell you a little bit about our 

program today. We will just run until 12:00. We will take 

8 full hour for lunch. There 1s not that many places in 

downtown Midland that you have to worry about to go eat but 

what you can get back in an hour, 1 feel certain. We will 

run, I am not going to run, start out running real long 

sessions, so we probably won't work but until around 6:00 

today. I will see how fast we go. "Tomorrow we will also 

quit at 6:00, Tomorrow is my wife's 61st birthday and I am 

taking her out to dinner. 5c we are going to quit at 6:00. 

If it is going slow you may anticipate at least Wednesday, 

those of you who plan to go te prayer meeting, either not 

making it or getting there awfully late. because unless we 

are going fast we won't have to do that. I don't plan to 

  

  

 



  

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1-88 

have any night sessions. Not because of me, it 1s because 

of Mr. Smith. You can tell Mr. Smith doesn’t really care 

much for night sessions, and I don’t blame him. 

A couple of Court rules. Get your witnesses here. 

Males I require a coat and tie. dont think your 

witnesses would show up in cut-offs and tank tops. burt Xf 

they do they are not going to testify. you can just forget 

that. I also don't allow any tobacco in the courtroom. 

Tell vour witness here if they light up I will have a 

Marshal come in and escort them to where these pleas of 

guilty are going to be take shortly after 12:00, nor do I 

permit any snuff dipping or any tobacco chewing. Since 1 

don't know what vou are chewing 1 don’t allow any gun 

chewing in the courtroom either. So with that I will see 

you all in about 10 minutes. Mr. Rios, have your first 

witness ready. 

(Brief recess.) 

(Open Court.) 

THE COURT: All right. Mr. Rios, call your first 

witness. 

MR. R105: Yes. Your Honor. We call Mr. dim 

Coronado. At this time, Your Honor, we would like toc offer 

the plaintiffs’ exhibits that you have at your table, Your 

Honor. They are all the red books, the three books of 

plaintiffs’ exhibits. We have met with the other side, we 

  
  

 



  

24 

25     

believe we have an agreement as to their authenticity. 

There are some objections going tc be raised to some of the 

specific exhibits. But right now we will offer Flaintiffs’ 

Exhibits BR-01 through general Exhibit —— 06. which 1s a 

complete list of exhibits we intend to offer at this time. 

We move for their admission, Your Honor. 

MR. CLEMENTS: Excuse me, Your Honor. Does that 

include H-01 through H-0% that we were having difficulty 

with? 

MR. RIS: Yes. 

MR. LLEMENTS: In that case. Your Honor. we object 

toc Exhibit H-0l through H-0%, all having to do ln tare Ls 

County. 

THE COURT: All right. When I get to Harris 

County we will take care of those objections at that time. 

I am going to tell you, for the purposes of the record they 

are going to be admitted. 1f you have an objection. the 

reason I am going to have to admit them, that we don’t have 

a jury and I am just a little bit concerned about, 1 don't 

know how the Fifth Circuit, assuming this case 1s appealed. 

I am sure I will come up with something evervbody will agree 

to. but assume that the case is appealed 1t is difficult for 

me to see how that they could pass on whether or not 1t is 

admissible or not admissible if 1 never let it go in. 1 

want vour objections for the record, if 1 consider the 

  

  

  

 



  

14 

15 

16 

    

objection is good 1 will make a note thereon that these 

matters were not considered by the Court in rendering 

whatever decision 1 do. 

MR. CLEMENTS: I will state my objection then as 

Yo Exhibit 

THE COURT: When they offer the Harris County 

exhibits, I don't know whether they are going to offer them 

through this witness or not. 

MR. CLEMENTS: It is my understanding that counsel 

just made a tender of all of those exhibits. 

THE COURT: He did. But at time we go to consider 

these you can state your objection. 

Raise vour right hand and take the cath. 

{Witness sworn.) 

THE COURT: Have a seat right there. Also at 

always bothers me to see lawyers sitting around trying to 

juggle tablets on their knees. A, they are not very good 

jugglers, they don’t work it out too well. We have another 

chair over here. We can probably find another table 

somewhere. If you would like to sit in the jury box 1 have 

no ohiection to your sitting in the jury box, It vou live 

to sit and juggle on your knees you may do so, but 1f you 

prefer not to. let me know and we will try and get another 

table in here. I figured that it is a very funny thing that 

no lawyers that represent defendants are ever going to sit 

  

  

 



  

24 

25     

1-51 

on the right-hand side, my right-hand side. Never the tween 

shall meet, even people in the audience will size up which 

size they are supposed to be on and never sit on the other 

side in the courtroom. I don't know why that 1s, but at 

works out that way. Nor do I expect any of those lawyers 

over here representing the plaintiffs ever to move over to 

here at all on the left-hand side. That just doesn’t work. 

And why, I don't know. 

JIM CORONADO. WITNESS. sworn 

EXAMINATION 

KY THE COURT: 

Q. Tell me your name. where vou live and what you do. 

A. My name is Jim Coronado. sir. I am ann attorney in 

Austin, Texas, and alsc Municipal Relief Judge there. 

@. All right. And you are called here to do what, Mr. 

Coronado”? 

A. I am called here to testify on behalf of plaintiffs. 

sir. 

THE COURT: All right. Go ahead. 

DIRECT EXAMINATION 

BY MR, RIDS: 

eQ. Mr. Coronado. for the record. how long have you lived 

in Travis County?® 

A. Twenty years. 

Q. How long have you been a practicing lawyer? 

  

  

  

  

 



      

Coronado — Direct — Rios 1-467 

A. I have been a practicing lawyer for 11 years. 

3. And where have you practiced that whole time” 

A. Austin. I have been in Austin 10 years. one year in 

Harris County. 

@. Right now did you say you were alsc a Municipal Judge? 

A. Yes. 1 am a Relief Judge in Austin, about one quarter 

of my time. 

@. How did you obtain that position? 

A. By appointment. city council. 

g. Also do you hold an official position with the Mexican 

American Bar Association” 

A. I am president of the Mexican American Rar Association 

of Texas. 

a. Would you tell us a little about the Ear Association. 

how many chapters it has. members? 

A. We have eight chapters of membership that expands to 

2,000 Hispanic lawyers in the State of Texas who are on our 

mailing list and correspondence list. We have got eight 

chapters. Chapters exist in Lubbock, in San Antonio, in 

Dallas. Harris County, Houston. Travis County. El Faso. We 

have & chapter in Victoria and Ft. Warth. That covers 1t. 

Q. Is your organization taking an official position in 

this lawsuit? 

A. Yes, we have. We are in favor of the plaintiffs in 

this suit, we wish to see a& more equitable svetem of 

  

  

  

  

  

 



  

24 

25     

Coronado — Direct — Rios 1-63 

selecting District Judges, in support of electing District 

Judges by districts. 

GB. Would you tell the Court what your understanding is 

that this lawsuit 1s all about, why you are here. 

A. What my understanding this lawsuit about, is about 

obtaining representation of minorities on the District Court 

bench and by doing that to give the voters, minority voters. 

in each of these communities which are asserting response in 

this case an opportunity to elect Judges who are from their 

ethnic communities. 

GQ. You say you have lived in Travis County at least the 

past ten years: is that correct? 

A. Yes. I moved back to Travis County in 1979, about a 

vear., right after law school. 

Q. You have got the exhibit book right there before you, 

do you not? 

A. I sure do. 

Q. Can. 1 call your attention to Exhibit TR-08. That would 

be book 2, Your Honor, of your book. I believe it 1s the 

other one. Your MOREY. Let me see. they are labeled on the 

back . 

¢ THE COURT: This 1s Harras. 

MR. RI0OS: In the labeling system, Your Honor, the 

initials are used for the counties. TR will be Travis 

County. 

  

  

  

  

 



      

Coronado — Direct — Rios 1-64 

THE COURT: Very clever. Very clever. H 1s 

Harris County and D is Dallas County. All right. 

BY MR. R10S: 

G. TR-05. Now, could you tell the Court what this exhibit 

tells you? 

A. Well, 1 see the voting precincts of Travis County. and 

it seems to be delineated out toward the southeast. Those 

areas which are the minority voting boxes within Travis 

County. 

a. I= this consistent with your knowledge of Travis County 

itself? 

(a. Yes, it is. 

MR. TODD: Your Honor, J.don’'t want te interrupt 

the proceedings, but can I have an cbiection to this type of 

testimony until we have had him qualified to give opinions 

like that. 

MR. RIOS: Your Honor, he has lived in Travis 

County you said for ten years? 

A. Yes, 1 have. Hell, 1 have lived in Travis County off 

and on for the last 20 vears. 

THE COURT: I am going to overrule. 1 understand 

your cbjection. 1t goes to weight. Go ahead. 

EY MR. RIO: 

Q. Let's talk a little about your political experience in 

Travis County. 

  

  

  

  

 



  

24 

25     

Coronado — Direct - Rios 1-68 

A. Sure. 

Q. Have you worked with political campaigns? 

A. Yes, I have been active in political campaigns in 

Travis County since the early "70's. The first campaign I 

worked on was in the Governor's campaign in 72. And do you 

want me to go into detail? 1 have been active —- 

G. List the campaigns that vou have worked on” 

A. I worked in Senator Rarrientos. 1 worked Senator 

Gonzalo Rarrientos’ campaign when he was running for State 

Representative. first campaign. I worked on city council 

campaigns, John Trevino’'s campaign in Austin when he first 

ran for city council. I worked in the Farenthall campaign. 

the Steven Ward campaign. 1 was president of the Travis 

County Young Democrats in 1975. which at that time was the 

largest Young Democratic club in the State of Texas. I was 

active in 1975 as well as State Coordinator for Senator Fred 

Harris, who was running for president of the United States. 

I was one of his three coordinators. I coordinated out of 

central Texas and ran the State headquarters in central 

Texas. l ran a city council campaign in 19746 for a fellow 

by the name of Crecss. I have been active in all manner and 

form of campaigns through the "70's, due to the fact that I 

was president of YD s. In the ‘80's 1 worked on judicial 

campaigns and basically limited myself to mostly to judicial 

campaigns in the '80°'s. 

  

  

  

 



      

Coronado —- Direct — Rios 1-645 

@. Could you just tell us which judicial campaigns vou 

worked in? 

A. I worked for Judge Aguilar when he ran unopposed. 1 

worked for Judge Gallardo who was opposed in the last 

campaign. 

GQ. What did you do for Judge Gallardo? 

A. I did basically all the street walking for him. I also 

did a bunch of coordinating with the Hispanic Rar. I was 

immediate past president of the capital area Mexican 

American Lawyers at that time. and we got a lot of Hispanic 

lawyers active in working in the campaign, raising money for 

Judge Gallardo. 

@. Let's talk a little about this Gallardo race. Judge 

Gallardo is an Hispanic: is that correct? 

A. That's correct. 

G. And was he, was he the incumbent? 

A. Yes. he was. 

0. How did he become the incumbent. how did he get the 

position as District Judge? 

A. He was appointed by Governor White I believe in 1982 if 

I am not mistaken. 

G. Was he the first Hispanic ever to be appointed? 

A. Yes. he was the first Hispanic ever appointed to a 

District Court bench, or even at that time a County Court at 

Law Hispanic Judge. sc he was our first Hispanic Judge of 

  

  

  

 



  

24 

25     

{oronado — Direct — Rios 1-467 

that rank. 

G. And who did he run against? 

A. Well, the only time he ran against anybody was the la 

election. 1988. It was Scott McGown. 

GG. And who won? 

A. Mr. McGown won. 

BG. Did Mr. Gallardo run what you consider a competent 

race”? 

AR. Yes. He ran a very good campaign. I mean he was. he 

understood the media, he had people cut working boxes, he 

had a lot of attorneys of all ethnic groups working in his 

campaign, a broad base campaign in the community. 

QB. Let me ask you. was he surprised when he drew an 

opponent? 

A. Yes, he was surprised when he drew an opponent. I 

think we were all surprised when he drew an opponent, 

frankly. I mean there had not been a contested incumbent 

District Judge race in Travis County in 1% years or 14 years 

at that point. 

Qa. Do you know how many positions. District Court 

positions were up for election at that time” 

A. I really can't recall. It may have been six. something 

like that. I mean I would, off the top of my head I 

couldn't tell vou. 

G. How many drew opponents? 

  

  

 



  

24 

25     

Coronado — Direct — Rios 1&8 

A. Only Judge Gallardo drew an opponent. He is the only 

person who drew an opponent in 14 years. from ‘74 to ‘B88 he 

was the only person tc draw an opponent. 

a. In judicial elections in Travis County there hasn't 

been a history of contested elections once there is an 

incumbent? 

A. Once there ise an incumbent. no. That 1s basically the 

case. 

Gr. Let me ask you this: why do vou think he drew an 

cpponent? 

A. I think he drew an opponent —— 

MR. TODD: Your Honor, 1 object. I don't think 

there has been a proper predicate laid for him to speculate 

as to the motives of anybody who may have run against Mr. 

Gallardo. He campaigned for Judge Gallardo, he didn’t work 

in the opposing campaign. I dont think he has a basis for 

an opinion. 

THE COURT: Well, this is his opinion. You can’t 

give the opinions, of course, he is not testifying for the 

fellow that ran. just what you think. / Go ahead. 

BY MR. RIOS: 

G. What is your opinion as to why Mr. Gallardo had an 

opponent? 

A. 1 think he was perceived by the liberal community as 

being vulnerable and by being Hispanic I think they saw him 

  

  

 



  

24 

25     

Coronado — Direct — Rios 1-569 

also as doubly vulnerable and beat him. 

GB. Let me call your attention to. first of all let me ask 

you a guestion. Do you think that Judge Gallardo was 

supported by his community? 

A. Yes, no doubt about 1t. He was completely supported 

by the Hispanic Bar and supported as well by the voters in 

the Hispanic areas that you have got delineated on this 

exhibit. 

GG. Let me call your attention to Flaintiffe’ Exhibit 

TR=12. Have you seen this exhibit before? 

A. Yes. you showed me this before. 

a. These are voting precincts that go from 421 down to 
1] 

4446. You saw, just saw this exhibit last night, didn't you? 

A. That's correct. 

@. Page 2Z of that exhibit outlines where these precincts 

are; is that correct? | 

A. Yes. it does. 

G. What can you say about that particular area”? 

A. It is dominantly Hispanic, I mean I am not sure of the 

percentage, it may be as much as 73 percent Hispanic. 1in 

that area. 

+d. And how did Judge Gallardo do in that area? 

A. In those precincts 1 believe he won 90 percentile, 905 

percentile. 

a. The total votes are on page 1 back to TR-12. 

  

  

  

 



      

Coronado — Direct — Hios 1-70 

A. Okay. Yeah. 64.5 of those votes. Okay. 64.3 

percent. 

0. So does this corroborate your opinion that he was 

supported by his community” 

A. Yes. That is among the things that definitely does 

carrcoborate in my opinion. 

Q. Is that area approximately the size of a district. if 

this were a single member district in Travis County? 

A. Rs 1t has been explained to me. yes. 

MR. TODD: I object, he has no basis for 

testifying as to how Travis County could be carved into 13 

districts. 

THE COURT: I am going to overrule. Go ahead. 

- 

A. If Travis County was divided intc 13 districts | 

believe that would be a district. yes. About the same size. 

THE COURT: Let me ask you —— excuse me, 1 don't 

mean to interrupt. BEut TR-05 is census tract figures as 

opposed to voting precincts; is that right? 

MR. RI0OS: Yes. Your Honor. 

THE COHIRT: And TR-12 1s the voting precincts? 

MR. RIOS: That 1s correct. Your Honor. 

THE COURT: Okay. Go ahead. Excuse me. 

BY MR. RI1QOS: 

GG. All right. Now. let's go on to page I of that same 

exhibit. Now, this is the election between Mr. Phillips and 

  

  

  

 



  

24 

25     

Coronado — Direct — Rios 1-71 

@. Who was Mr. Garcia” 

A. Judge Garcia was the incumbent in that race. He was 

County Court at Law Judge. 

GG. Do you know how Judge Garcia got to be County Court at 

Law Judge? 

A. He was appointed by the County Commissioners to be. to 

fill the position or vacancy when 1t occurred. 

@. Do you know when he was appointed? 

A. It was towards the end of 1937. He had about two or 

three months incumbency prior to filing. 

GB. Were there any other Hispanics that have been appointed 

to County Court at Law? : 

A. We were lucky enough to get three positions created in 

Travis County. In 1987 Judge Aguilar was also appointed to 

a new bench. Judge Wilfred Aguilar. 

Q. So you have had two County Court at Law Judges 

appointed to the bench? 

A. That's correct. 

QG. Now. Judge Garcia ran in 1980 on the Democratic 

Frimary? 

A. Yes. 

@. And he ran against a White: is that correct? 

A. Yes, he did. 

  

  

 



      

~ Coronado — Direct — Rios 3-72 

@. How did he do, did he win or lose at large? 

A. He lost. 

Q. Do you know Judge Garcia? 

A. Yes. 1 do. 

a. Was he supported in the Mexican community? 

A. Absolutely. 

@. And again in that minority area. again calling your 

attention to the exhibit, how did Judge Garcia do in the 

Hispanic area? 

A. The exhibit I have got before me. 68.4 percent in that 

hypothetical area. 

@. Okay. So we have got Judge Gallardo as an incumbent 

who was appointed. runs against a White and loses. 

A. Right. A 

Q. Judge Garcia, who was also appointed. runs against an 

opponent. White opponent and loses? 

A. Correct. 

@. Now, who is the other Hispanic that is on the County 

Court bench? 

A. Judge Wilfred Aguilar. 

a. Did he run that year also 

A. Yes, unopposed. 

G. So he got reelected? 

A. Right. 

GQ. He had noc opposition” 

  

  

 



  

24 

25     

Coronado — Direct — Rios 1-7 

A. Correct. 

Q. Go on two more pages. same exhibit. And that is the 

Castro versus Kennedy versus Hughes race. Dc vou know who 

Castro was? 

A. Yes. Ms. Castro. or Judge Castro 1s also a Municipal 

Relief Judge in Austin. 

@. And she ran for County Court Judge? 

A. She did. 

@G. Again she lost at large” 

A." Correct. 

a. And again she appears to have been supported by the 

Hispanic community? 

A. That's correct. Based on voting. 

H#. Now, in this particular case she didn't get the 

majority of votes but she got the highest number? 

A. That's right. 

GQ. In the hypothetical district? Let me call your 

attention to TR, Exhibit TR-17, the last exhibit in this 

section. 

A. Okay. 

a. Can vou tell the Court what that 1s” 

tA. It has got a listing of the County Court at Law Judges 

in Travis County, County Court Judges. 

Q. How many are minorities? 

A. Well, Judge Aguilar. Judge Flowers, Judge Kennedy are 

  

  

  

  

 



  

24 

25     

Coronado — Direct — Rios 1-74 

minorities. 

GQ. Now. how did those minorities get on the bench? 

A. When we had those three new appointments of the three 

benches. Judge Aguilar, Judge Flowers and Judge Kennedy 

were all appointed at that time. 

Q. None of them had been elected as far as you know? 

A. Excuse me? 

i. Have any of them been elected as far as you know? 

A. Well, they all ran unopposed. 

Q. Except for Judge Kennedy? 

A. Yes. That's correct. Judge Kennedy had an opponent. 

Gi. But all of them were appointed? 

A. That's correct. They were all appointed originally. 

BG. Was there any effort by the Commissioners’ Court to 

appoint more minorities to the County Court at Law Judges”? 

And if so. how do you know this? 

A. Well, I mean that effort was definitely prevalent when 

we had these three benches. Our County Commissioners saw 

the inequities in the system and tried to do something about 

it and appointed three very well qualified minorities to 

those benches. When a resignation opened up another bench 

they reemphasized their position on the matter and appointed 

another minority, Judge Garcia, to fill that position within 

a matter of months. 

a. Hae there ever been a similar effort in the District 

  
  

  

 



  

24 

25     

LCaoronado — Direct — Rios I—-75 

Court system by any of the minorities that were District 

Court Judges. except for Judge Gallardo? 

A. Any evidence of what? 

Q. To appoint minorities to the judicial system? 

A. Well, certainly. I mean there are three positions 

within the District Court positions of Court masters who 

hear all, most of the Family Law cases within the Court 

system. Over the last two or three vears there have been 

qualified minorities in the top five or six individuals whe 

have been submitted for names to the District Judges to 

select for appointment to masters. That is kind of a 

grooming position toc rise into the District Jdudgeship. You 

get a lot of exposure, you get a lot of experience. you get 

a lot of heavy work within that ares. But the District 

Judges have not seen fit to appoint an Hispanic to any of 

those positions. 

@. How many masters are there right now 

A. There are three. 

@. All Anglos? 

A. That’ ' = correct. 

a. And how many District Judges are there right now” 

tA. There are 13. 

@. All Anglos? 

A. That's right. 

MR. RIOG: Fass the witness. Your Honor. 

  

  

  

 



      

Coronado — Direct — Rios 1-76 

CROSS EXAMINATION 

BY MR. TODD: 

a. Good morning. Mr. Coronado. My name 1s James Todd for 

the State defendants named. I will ask vou just a few 

guestions. Okay. Basically you have practiced law in 

Travis County since 1979; is that correct? 

A. That's correct. 

Gi. Okay. Now, if I understood correctly from your listing 

of the electoral politics in which you have been involved 

since 1979. you have actually worked in one contested 

campaign, just Ballardo’'s;: is that correct? 

A. Let me reflect for just a second. 1 think "that is 

correct. I mean 1 have done some work in and around 

statewide races, but as far as any in depth trench warfare. 

probably, yeah, probably Judge Gallardo’'s race is the only 

one. 

G. Nevertheless, you feel that in the last ten years you 

have chserved what has been going on in politics in Travis 

County? Really more than ten years. 

ot 20 vears going back. 1 have been 

i i
e 

i 
i 

mn bY fo
rd

 

pe
ed

 

2 fo
nd
 

in 1]
 

< m i]
 

 —— 
7 

7 0's you certainly GQ. You mentioned that in the early 

worked in some campaigns and watched what was going on” 

a. That's correct. 

a. It ie correct to say, isn't it, that the political 

  

  

 



Coronado — Cross — Todd 

landscape of Travis County changed significantly in the 

pericd (1972 't0 "743 isn't that right? 

veah. I think the major transformation was the   
student vote. I think that is probably maybe what vou are 

getting at. but that certainly did change the landscape. 

a. That was a breakthrough first for liberal, what you 

identified as liberal candidates. By 1974 it was a 

breakthrough for minority candidates in the Democratic 

Frimary., was it not? 

"ss right. Through coalition building. it was. 

a. In fact, you said you worked in representatives 

Rarrientoe’ 1972 campaign. 

A. That's right. When 1 first was informed 1 was on 

campus at the time. 

QB. And isn't what happened in that race. that in the first 

primary he led and then in the second primary. which was 

held at a time when most students had gone home? 

That's right. 

He narrowly lost to Wilson Foreman?   
Correct. 

He came back in 1974 and won at large. didn't he” 

That's right. 

All right. Also that same year Wilomena Delco. who as 

Rlack, was elected toc the state legislature from Travis 

  County at large?      



  

24 

25     

Coronado -— Cross -— Todd 1-78 

A. It is possible it was that year. It 1s hard to 

recollect. 

Gt. Subsequent to 1274 then Travis County got single member 

legislative districts; correct? 

A. That's right. 

Q. And Representative Rarrientos continued to represent 

one of those districts until 1984; correct? 

A. That's right. 

Q. And then in that same district since 1974 that district 

has been represented by Representative Lena Guerrero: is 

that correct? 

A. Correct. 

Q. Now, that particular district is about 30 percent | 

Hispanics: isn't that right? 

A. I think those numbers are pretty close to accurate. 

G. So first county wide and then in a district that is 

certainly not majority Hispanic, nevertheless it has been 

possible to elect Hispanics in Travis County: isn’t that 

correct? 

A. Within that district, and those are twc unigue     
individuals. 

G. All right. Now. in 1984 Gonzalo Barrientos was elected 

to the State Senate county wide in Travis County; is that 

correct? 

  A. In "84, ves. 

 



  

24 

25     

Coronado — Cross — Todd 1-79 

@. All right. And he was reelected in 19887 

A. Right. 

Q. And in the General Election of 1988 he was one of the 

top vote getters? 

A. I can't recall that specifically. 

Q. Does that sound like that could be true? 

A. Sure. 

Q. All right. Now. you mentioned that a key factor in 

producing an apponent for Judge Gallardo in 1988 had to do 

with in your view the perception of the "liberal community"? 

A. That's right. 

a. In fact in Travis County the inclinations of the 

liberal Anglo community are very important..aren’'t they? 

A. That's right. 

Q. And you mentioned coalition. the candidate of choice of 

the Mexican American community in Travis County is virtually 

in the General Election. in the General Election is 

virtually always the Democratic candidate: isn’t that right? 

A. I cannot recall a Republican Hispanic running county 

wide for anything. 

a. Okay. Eut I am not. maybe 1 didn't make my question 

glear. The candidate in the General Election. whatever the 

race, whatever the electoral race. the candidate of choice 

of the Mexican American community in Travis County is 

virtually always the Democratic candidate or the Republican. 

  

  

  

 



  

24 

25     

Coronado — Cross — Todd 1-80 

regardless of the ethnicity of the candidate? 

A. That's correct, ves. 

Qa. In fact. given a choice Travis County Mexican American 

voters will choose an Anglo Democrat over an Hispanic 

Republican™ 

A. That's right. 

RA. All right. And a good illustration of that would be 

the 1986 Attorney General's race? 

A. Oh. you mean — ves. 

a. The Hispanic precinct in Travis County went 

overwhelmingly for a Democrat. That is the general 

election. In fact in Travis County the key to being elected 

to a county wide office is the Democratic party. isn’t it? 

A. That's right. 

a. It is the dominant party and a key to the. in fact. 

normally county wide offices the Democratic candidate is 

going to win it in Travis County: isn’t that correct? 

A. Well, county wide office. 

Q. County wide” 

A. Yes. 

Q. Actually the advent of single member legislative 

districts has produced Republicans for the first time in the 

legislature from Travis County: correct? 

A. Exactly. 

Q. All right. Rut county wide the key to winning a county 

  

  

  

 



  

24 

25     

Coronado - Cross — Todd 

wide office is winning the Democratic Primary. Now. isn 

it alsc true that a key to winning the Democratic FPrimar 

or a very important factor in winning, a helpful factor 

winning the Democratic Primary is the endorsement of the 

Austin Progressive Coalition and a number of other 

Democratic clubs? 

A. Yes. I helped set some of those clubs up. 

G. Right. And another one would be the central Texas 

Democrats. their endorsement is also very crucial, isn’t 

A. You mean the central Austin Democrats? 

fl. Central Austin. excuse me. I said central Texas. 

Central Austin. 

A. I am one of the three founders of that group. 

8. The Ear is yes, their support is critical”? 

A. The answer is, that’s right. 

Q. In fact the Austin Progressive Coalition and the 

central Austin Democrats and other Democratic clubs do 

endorse Mexican American candidates for office in Travis 

County. don't they? 

A. They have in the past. They didn't in the last 

judicial election. 

Ql. Not judicial election. but they endorsed Gonzalo 

Barrientos for State Senator: correct? 

A. Yes. That has been a consistent policy of that 

organization. 

1-81 

i 

Y a 

in 

it? 

  

  

 



      

Coronado — Cross — Todd I-82 

a. They endorsed Lena Guerrero for State Representative, 

did they not? 

A. They did. 

@. Okay. And at least one of the Democratic clubs in 1988 

gave a dual endorsement to Alberto Garcia and David 

Phillips? 

A. Somebody may have done that. i have never been one to 

practically —— 1 never liked that idea, frankly. Somebody 

may have done that. yes. 

@. Mv question wasn't if you liked the idea. but it was 

done; right? 

A. Yeah. I'm sure it was done. 

G. Okay. And 1in fact other Mexican American candidates 

for office besides Barrientos and Guerrero have won 

elections in Travis County; correct? Hank Gonzales for 

County Commissioner, precinct? 

A. From southeast Austin, and we are talking about an area 

very similar, if not more Hispanic than Ms. Buerrero’s. 

a. Isn‘t Mr. Gonzales County Commissioner precinct about 

60 percent Anglo” 

A. 1 think that ise probably right, 40 percent Hispanic. 

Qa. And would you agree that the city of Austin comprises 

roughly four fifths of the population, voting population of 

Travis County? 

A. I really don't know. You really need a new census 

  
  

 



    

Coronado — Cross — Todd 

tract to work with that. I would have a hard time with 

that. 

Rather than. I am not talking about right this moment, 

let's say through the "'80°'s. 

We are talking about the mid-80's perhaps. 

A111 right. And in this catty of Austin, John Trevino 

was repeatedly elected and reelected to the city councilj 

rt that corrects? 

That's right. 

All right. Richard Moya up until 19846 was elected and 

reelected to County Commissioner, a precinct now held by 

Hank Gonzales; is that correct? 

A. That is the precinct with 40 percent Hispanic vote. 

8. And in 1988 Supreme Court Justice Raul Gonzales 

carried not only the Hispanic precincts in Travis County, 

but carried the Anglo precincts as well? 

A. Yes. 

@. All right. Actually — now, there is one judicial post 

in which candidates run for less than county wide office and 

that would be Justice of the Peace. isn’t that correct? 

All right. 3 le of years ago a vacancy 

occurred when Debra Rave Justice of the Feace 

post: is that correct? 

5a 1 think Debra was   
  

  

 



  

Coronado — Cross — Todd 1-84 

pt 1 3. Did you not apply for that, to be appointed 10 that 

2 |lvacancy”? 

3 a. I'qaid. 

4 3. All right. ‘and in fact it ie in the area wheres you 

5lllive, which is north Austin, isn't 1   
6 A. That’ In I 0 3 - mn rm

 
r+
 

7 a That is about a T0 percent Anglo area, isnt it~?   
ie
 

a r
+
 

in b 
0
 

T 
r
-
 

10 lhad confidence that you, an Hispanic, at least had & fair 

  11 |lchance of getting reelected te that post when it came up for 

12 jlelection? | 

| 
ag ii : : : 

13 A. 1 realized it was going to be difficult, and some of my 

14 friends tald me it would be difficult, but I thought I was 

15 lqualified for the job, I was going to give 1 

16 ||the party. 

& Garcia race. vi
 I 

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d
 

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ri
 

= Mm I [o
y 

) 

iT
 

m si 
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0 17 GB. Allright. Le} 

18 liIen’'t it true that both David Phillips and Alberto Garcia   
19 ||are consider=d progressive 

20 3. Yes, YES. 

21 i: eT all Pll TY A dlirtarenra Delwesan the Luo from your 

SL a TITLE a fo TSE A) alannah A 
295 nsint 2 2 view thst a] F LAE Was Bre adept WrmOre { 

| 
| 

Ta tt working those organizat pe rego 3 Je py mmdarceqsent is t 
SLI 0OL RL = Wisi 34 Face Organizations «wRose ena Semen 1 | 

— -t i 

i | 
siogod Las ie IY) ng es Fe 

o4 jhey to winning eleciions’y 
- 

i 

~ iV RE ET Ls Re me olen RR LA i WR a 7 
25 2 ns WE TES Ae XE) 18 a MBr'Y 80701 T poi li lima operavor . ves .     
 



  

24 

25     

Coronaoo — Crosse — Todd 1-85 

Smart politician. 

3. Also I am further asking isn’t that a key factor in his 

LA AE the bey faritor in The ercese of Mr. Barcia is 

frankly that Mr. Garcia's last name 1s Hispanic. 

3. Okay. Haven t vou testified previously under oath that 

Mr. Fhillipse was more adept with working the organizations 

and getting their endorsement? 

F. Probably was. But endorsements don't always win races 

for you, especially against incumbents. 

GQ. They don't always. but they are very important? 

A. Very important. You could say a key. or an important 

factor, ves. } 

a. Wasn't Mr. Fhillips' campaign managed at least in part 

by Lena Guerrero”? 

A. I don"t know that for a fact. 

G. And in fact. in the same election in which the Austin 

American Statesman endorsed Scott McGown. they also endorsed 

Alberto Garcia, didn't they? 

A. I don't recall that either. 

Q. Now, at the same time that Mr. Garcia. Judge Garcia and 

Judge Gallardo drew an opponent in the "88 primary. you 

testified that Wilfred Aguilar did not draw an opponent. 

A. Right. 

a. So presumably then the liberal community did not 

  

 



  

24 

25     

Coronado — Cross — Todd 1-86 

perceive him as vulnerable because he is Hispanic. if we 

follow your reasoning? 

A. Presumably they did not perceive him being vulnerable 

hecause he wae Hispanic? 1 think the liberal community was 

taking their best shot at some of our good people. I am not 

sure they wanted to totally alienate a coalition that they 

had been working on 13 years. 1f they tried to take Wilfreao 

out as well, they — 

MR. TODD: I object to non—-responsiveness of the 

answer. 

THE COURT: I sustain. 

BY MR. TODD: 

3. They could have run this, they could have endorsed an 

opponent or recruited a candidate to run against Judge 

Aguilar if they had wanted to? 

A. 1f they had wanted to, yes. They could have done that. 

GB. The same with Judge Flowers, who is Black and was left 

unopposed? 

A. That's correct. If they wanted toc take him out, they 

gail have done it too. 

4. All right. Now, in the 1988 primary wouldn't you agree 

that there was an unusually high profile in judicial races 

that year, more attention to judicial races than is normal? 

A. I don't know if 1 agree with that at all. 

Q. Okay. Didn't we have a very hotly contested and widely 

  
  

  

 



  

24 

25     

Coronado — Cross — Todd 1-87 

reported race between Jeanne Meurer and Margaret Moore? 

A. Yes. I think there was a lot of media on that 

particular race. 

G. It 1s unusual for District Judge elections to draw that 

much media” 

A. That's right. I don't know 1f that applies to down 

ballot races. 

Gt. My question was isn't that unusual for District Judge 

races”? 

A. That was unusual for that particular race, that   
particular judicial seat. 

GG. Okay. And that was also, the primary of ‘88 is also   the vear that on the Court of Appeals Woody Jones unseated 

Jim Brady? 

A. That's correct. 

@. And Brady was an incumbent? 

A. Yes. 

@. All right. And so again. so that year in judicial 

races Judge Gallardo was not the only incumbent Judge who 

drew an opponent?   
A. You mean as far ac appellate race 

JB. Judicial. 

A. Yeah. That doesn’t. that district is not just Travis 

County. 

a. I understand. Eut 1t includes Travis County? 

  
 



  

24 

25     

Coronado — Crosse — Tadd 1-88 

A. It includes Travis County, but not just Travis County. 

G. And Woody Jones carried Travis County? 

A. Yes. He was past president of the Travis County Rar. 

which makes sense. 

G. Speaking of the Bar, Judge Gallardo was held in rather 

low esteem by the Travis County Bar, wasn’t he? 

A. He was held in low esteem by the Travis County Rar 

poll. 

a. Excuse me. The Rar poll rated him guite low? 

A. It did. 1t rated him at the very bottom. 

3. And the Har pell carries some weight in judicial 

elections, doesn’t it"? 

A. 1 think it does, ves. 

@. All right. Also isn’t 1t true another uniague feature 

of that race is that Judge Gallardo in a very controversial 

decision concerning adoption by a lesbian parent had 

alienated the gay lesbian vote? 

A. I don't know that for a fact at all. In fact, 1 heard 

that rumor tossed all over Austin. I doubt very many folks 

would come forward. It is not something reported in =a 

newspaper or anvithing like that. 1 mean just one of those 

things I heard in political circles. I would be real 

interested to see the proof put on in this Court. 

Q. You don't know it is not true? 

A. I know Judge Gallarde denied any of the statements 

  
  

  
 



    

Coronado — Cross — Todd 1-8% 

regarding that situation. I don't know anything about 1t 

other than it was rumor. 

Q. And 1f the attorney for the losing party in that case 

testifies in this Court that she actively campaigned 

Judge Gallardo and tried to recruit opposition to him. 

can’t take 1ssue with that testimony. can you? 

A. I can’t take issue with the testimony that she may have 

worked against Gallardo. What her reasons are, 1 don't 

know. But she hasn't testified to them as of yet. 

G. And in Travis County. whatever may be the case in other 

counties. in Travis County the Gay Lesbian Alliance does 

have some weight, it may not be decisive but it does carrv 

weight at least within the liberal community? 

Yes, it does. They are effective organizers. 

And isn't it also your view that another thing that 

might be somewhat unique in Judge Gallardo’'s race is that 

the cause of some difficulties or adverse rulings he had 

had with the Attorney General’ 's office a number of Assistant 

Attorney General ‘s. including Hispanic Assistant AG's, were 

active in campaigning for the endorsement of the Austin 

nd Tentral BSuetin Democrate for Scott 

A. I have no doubt a lot of his co-workers were working on 

his behalf. 

&. But specifically —— okay. But specifically also   

  

  

 



  

24 

25     

Coronado — Cross — Todd 1-90 

another factor in that had to do with some tension between 

the Attorney General 's office and Judge Gallardo” 

A. Again that 1s rumor. I don't know anything for a fact. 

@. Haven't you testified to that fact, that was your view 

of what happened? 

A. 1 testified what I heard was that there was some 

tension there, yeah. That is a rumor, I can't testify. 

Gi. You do know that a number of people from the Attorney 

General's office, in your view, actually stacked the 

Frogressive Coalition meeting? 

A. Yeah, a big turnout, yeah. 

@. And so regardless of whether or not it is easy to do 

without some SRdGrEemBnts, attained, that is a factor that is 

separate from ethnic politics, isn't it? 

A. Well, I mean people work for their friends. I suppose. 

And perhaps people who don’t practice regularly in front of 

a Judge, 1 practiced regularly in front of Judge Gallardo, 

don’t know as much about him as I do. 

@. That is another factor, people not knowing him well? 

A. Most state attorneys don't get the opportunity to be in 

District Court as a private practitioner. 

Q. And in fact whether or not he was more qualified. in 

fact Scott McGown is highly qualified to be a Judge. 

A. No doubt. 

G. And Scott McGown was an effective campaigner. wasn't 

  

  
 



  

24 

25     

Coronado — Crass — Todd 1-91 

he? 

A. Very good. 

G. Okay. Now. in his literature that Judge Gallardo 

mailed out toc the potential voters he repeatedly stressed 

the fact that he was Travie County's only Hispanic Judge. 

didn't he? 

A. 1 believe he did. yes. 

a. In fact sometimes that was underlined and put in 

boldface, wasn't it”? 

A. It probably was in order to get the voters out on the 

east side. 

G. But the literature went all over Travis County. didn't 

A. He may have used some literature in other spots. 1 

don't recall. I dealt mostly with the east side campaign. 

G8. Doesn't that indicate to you that in Travis County it 

is actually an advantage toc be an ethnic minority running in 

a Democratic Primary? 

A. Not in these days in judicial elections. 

fi. Now. in the Kennedy-Castro race. Judge Kennedy 1s 

Hlack. is she not? 

tA. That's correct. 

GG. And in fact the Black precincts voted fairly heavily 

for her, as best you recall? 

A. They sure did. 

  

  

  

  

 



  

24 

25     

~~ 

Coronado — Cross — Todd 1-92 

@. Now, the Hispanic votes split almost evenly, didn't 

they? 

A. Well, you are talking about the statistics? 

a. I am talking about your knowledge. The exhibit will 

speak for itself. 

A. No. 

BD. But you know that Judge Kennedy carried some Hispanic 

precincts, didn't she? 

A. Some statistics 1 have seen as of last night. there was 

77 percent went for Castro. 

Qa. Well, 77 percent of the vote or the precincts? 

A. Hispanic votes. I don't know how the precincts broke 

down, it may have been half and half. 

@. Haven t vou testified that some Hispanic precincts did 

in fact go for Judge Kennedy? 

A. I believe so. When we were having that discussion I 

told you I didn’t have the numbers and 1 hadn't looked at 

them recently. 1 locked at some numbers last night that 

indicate to me that she had done much better than I thought. 

Castro. 

Ql. lt is at least true. isn’t it, hat at least a number 

of prominent leaders in the Mexican American community in 

Travis County endorsed Judge Kennedy? 

A. That is correct 

QO. All right. And the exhibit that you have been asked to 

  
  

  

 



      

Coronado — Crosse — Todd 1-93 

look for tends to indicate an almost even split, doesn’t 1t. 

44.6 to 407 

A. ‘Right. There 1s that exhibit in here. 

a. If that is reflective of the Hispanic vote. isn’t what 

we see in the Kennedv-Castro race a situation where. number 

one, Blacks and Hispanics were not cohesive in Travis 

County? 

A. Are not cohesive? 

Q. Were not in this race. 

A. In that particular race? 

G3. Right. 

A. It was an Hispanic opposing a Rlack candidate and the 

leadership in the Hispanic community Teeling there needed to 

be that cohesiveness came out and opposed that particular 

Hispanic candidate against that Black candidate. The 

leadership in the Black community also supported Judge 

Gallardo. 

GQ. The Hispanic vote at least appeared split between 

Kennedy and Castro. It has also happened in the city 

council race between Terry Davis and Gilbert Martinez that 

the Black and Hispanic votes were not cohesive in that 

election. 

A. It 1s pretty difficult when you have got Rlack and 

Hispanic taking each other on. 

0... Speaking of city council races, isn't it also true that 

  

  

  

 



    

Coronado — Cross — Todd 1-94 

Gilberto Martinez, in running against Max Noffsinger carried 

the 90 percent Anglo precincts in north Austin against an 

Anglo opponent? 

A. I had an opportunity to ask Mr. Martinez about that 

question the other day. both he and Judge Garcia were 

standing together and he told me his worst problem was with 

the north central boxes. Sc he may have carried some north 

boxes, but he said he lost a lot of the north central boxes 

between MoFac and I-35. 

. North central includes the boxes that go. that are 

heavily swayed by the Austin Progressive Coalition. don’ 

they, the so called White liberal boxes? 

A I guess they would like to think so. 

Q. Well, Gilberto Martinez in fact is rather conservative: 

carrect? 

A. He 1s. ves. 

3. But to many Max Noffsinger was perceived as liberal? 

A. That is true. 

a. So you have the Frogressive Coalition endorsing a 

perceived liberal Anglc over a perceived conservative 

Hispanic? 

A. Uh-huh. yeah. 

Q. And in fact many of the precincts in north Austin, 

including the area where you live, which you would expect, 

an Anglo precinct you would expect to vote for a   

  

  

  

 



    

Coronado — Cross -— Todd 

conservative in fact voted for the conservative Mr. 

Martinez: is that correct? 

a. I believe that's correct. 

MR. TODD: May 1 confer one minute? 

THE CDURT: You may. 

BY MR. 70DD: 

Q. Three more questions that just cccurred to me and I 

will be through. Isn't it true that Judge Gallardo ran 

unopposed in 1984 and was reelected at that time? 

A. That's right. But we hadn't had an opposed District 

Judge race since 1974. 

G. The answer to the question is ves? 

That's right. 

8g. All right. The city council elections in which John 

Trevino was elected, those were at large elections in the 

city of Austin. weren't they? 

A. Yes. 

BG. And at least for the foreseeable future we will 

continue to have at large city council races, won't we? 

A. It looks that way. 

a. And finally. I may not have made 1t clear. but 

Favis—Martinez race, Terry Davis 1s a Elack attorney in 

Austin. is he not? 

A. Yes, he is. 

MR. TODD: Fase the witness. Your Honor.   
  

  

 



  

24 

25     

Coronado — Cross — Todd 1-96 

THE COURT: You got close. It wasn't three 

guestions. It was five. 

REDIRECT EXAMINATION 

BY MR. R105: 

a. I will just ask you, because this is important for the 

Court to understand. what is the main difference, what 1s 1t 

that makes District Court and County Court elections. 

insofar as visibility, and what makes them peculiar when you 

compare this to say State Senators, Representatives, even 

city council, what is it about District Court elections that 

minorities have a problem? 

A. The problem minorities have with District Court 

elections is they are down ballot races. In Travie County 

there are 13 particular campaigns, or there are, I suppose 

any time we have si» or something like that, six or seven. 

they are not just, they are not high profile races that 

anybody is going to pay attention to. Minorities generally 

running for those races are not able to raise the money 

county wide they need to do that. I mean Travis County 1s 

over half a million people, it is a large county. very 

active interest in the electorate and it is very difficult 

to get out and get your word out about your campaign. it 

costs a bunch of money. Most Hispanics who are qualified to 

run for those races are young. by that I mean late "30's or 

something like that, qualified, got the time before the Rar 

  

  

  

 



  

24 

25     

Coronado — Redirect - Rios 1-97 

and make an attempt. they don't have the financial resources 

tc get out there and do that. And a down ballot race. a 

little bit of media money can go a long way. So 1t makes a 

difference, 1t is tough. 

BB. What happens, in your opinion. what happens in the 

polling booth when you have down ballot races that are low 

profile? 

MR... TODD: Your Honor. I am going to renew my 

objection. I don't think the proper predicate has been laid 

for this witness to give an opinion on that guestion. 

THE COURT: Overruled. Go ahead. answer the 

question. 

A. I think in those races you will see individuals pulling 

a lever for or against & particular last name. I think what 

has happened in our last series of judicial elections is 

that we saw Angle voters voting against Hispanics based on 

their last name. I think that contributed greatly to their 

loss. They were qualified candidates and incumbents. 

BG. Let me ask you about the Rar peoll that the State asked 

you about. Are vou familiar with Bar polls? 

A. Yes. I worked on the Travis County Bar poll. helped 

develop questions for it. 

a. How did that RBar poll devise and who participated in 

jit?’ 

A. Well, a panel was selected by the Travis County Rar to 

  

  

  
 



      

Coronado — Redirect — Rios 1-98 

sit down and devise questions. make sure it is fair and 

equitable questions. The poll on the questioning is 

certainly fair. but there is ways to skew the results of a 

Har poll. For instance, one thing, factors in that Bar 

poll, you are only polling the attorneys in the county. 73 

percent of the attorneys in Travis County are Anglo. I mean 

if you want an effective RBar poll that doesn't affect too 

many people, if you have got, for example if you have got an 

incumbent and vou have targeted him for an opponent. you 

could easily ask 10 or 11 friends, 1% friends, in a Bar poll 

to go ahead and put zeros next to every particular entry on 

someone. I mean it is fairly easy to skewer a result by 

doing that. I am not certain that happened im this case, 

but I am certain it is possible toc do that if vou wanted to. 

@. When Gallardo was running were there other people on 

the bottom of the Bar poll as well? 

A. There are two other Judges at the bottom of the Bar 

poll who could definitely, if they are going to draw 

possible opponents, could have drawn possible opponents. 

But I don’t think the liberal community in Austin would 

oppose those two individuals under any circumstance. 

G. Were they White? 

A. Roth Anglo, of course. 

MR. RI0OS: That is all 1 have. Your Honor. 

RECROSS EXAMINATION 

  

  

  

 



  

24 

25     

Coronado —- Recross — Todd 1-99 

BY MR. TODD: 

G. You said, or indicated that 1i1t 1s rare for District 

Judges to draw opponents. Do you recall in the early 1980°s 

Joe Hart, after he was appointed and being an incumbent, 

drawing an opponent, Rob Jones? 

A. He did draw, Judge Jones did oppose him on that race. 

His incumbency had not been long. But you are correct. 

There were a lot of people who were working for Judge Jones 

and wanted to see him on the bench. He had been a County 

Court at Law Judge. 

a. Do you remember Dibrell versus Wisser” 

A. I do recall that race. I wasn't certain i1f those two, 

Wisser was incumbent at that time. 

8G. And, of course, earlier in the "70's Jerry Dellana 

defeated the incumbent? 

A. McCandless, yeah. That was the watershed. I think 

that was the last —— 

@. The last one you were thinking of? 

A. The last one I was thinking of. I don't recall Weiser 

being an incumbent at the time he was opposed. I mean 

correct me. 

¢ MR. TODD: Pass the witness. 

THE COURT: Anyone else? Fine. Thank you very 

much. You may step down. Mr. Coronado. Thank you. Call 

your next witness. 

  

  

  

  

 



  

24 

25     

J=300 

MR. GARRETT: Your Honor. we call Aguilla Watson. 

THE COURT: Raise your right hand. please. 

(Witness sworn.) 

AQUILLA WATSON. WITNESS, sworn 

EXAMINATION 

BY THE COURT: 

@. Tell me your name. where you live and what you do. 

please. 

A. My name 1s Aquilla Watson. I am a manicurist, I work 

at Salon Unique. I am self-employed, 1 live at 420 E. 

Dormard here in Midland. 

THE COURT: Okay. Go ahead. 

DIRECT EXAMINATION 

BY MR. GARRETT: 

@. Thank you. Ms. Watson. How long have you lived in 

Midland? 

A. This year 1 have lived in Midland 21 years. 

GG. Okay. And during your time here in Midland have you 

been involved in any civic activities”? 

A. Yes, 1 have. 

Q. What are some of those. please 

A. Some of the civic activities I have been involved in, 1 

have been in a cecalition of Rlack Democrats. member of 

LULAC, I have worked in a precinct action organization, and 

a member of the Midiand County Democratic party. 

  

  

   



  I TE ENA sms Sg pre 

24 

25     

Watson — Direct — Garrett =-30% 

Q. Are you a member of any other organizations that are 

particularly focusing efforts on minority rights? 

A. No. 

@G. Okay. What about your political involvement. have vou 

been involved in any political activities here in Midland? 

A. I have been involved in politics in Midland since 

1979. 

Q. Would you just very briefly give us a highlight of what 

that political involvement 1s? 

A. The involvement where I worked on several campaigns for 

state and local candidates. 

8. All right. 1 believe you are precinct chairman. are 

you not? 

A. Yes. Also precinct chairman of 308 for the past eight 

years. 

@. Okay. And precinct 308 in Midland is predominantly a 

minority precinct; is that correct? 

A. Yes, 1t is. 

Q. All right. Let me call vour attention to 1986. 1 

welicve, when you ran for Justice of the Peace: is that 

right? 

tA. Yes, 1 did. 

@. What position did you run for? 

A. Precinct 1, Place 1. 

Q. And who was your opponent?   
 



  

24 

25     

Watson — Direct — Garrett 1-102 

A. Keith Jones. 

@. And he. for the record, was an Anglo: is that correct? 

A. That's right. 

@. And also for the record vou identify yourself as Rlack; 

is that correct? 

A. Rlack. ves. 

G. What were the circumstances of this race in 1986 coming 

about, was it a Primary, General Election or what? 

A. It was an unexpired term. 

G. So then it would have been a special election: is that 

correct? 

A. Special sleation. ves. 
L] 

@. All right. Did you run under the banner of any 

political party? 

A. Yes, the Democratic party. 

a. What about your opponent? 

A. Republican. 

G8. All right. This Precinct 1 Place 1, geographically how 

does it relate to say the city of Midland? 

A. Overall” 

Q. Covers the entire city”? 

A. The entire, uh-huh. 

AQ. What about. what is the population of the city of 

Midland, roughly? 

A. Approximately 24, 7 or 9 — 924,000, yes. 

  

  
  

 



  

24 

25     

Watson — Direct —- Garrett 1-103 

G. What about Midland County? 

A. Midland County is approximately 1.000, I mean, yeah, 

100,000, 

GB. All right. Did you have available to you any campaign 

funds to make your race? 

Yes, 1 did. 

How much did vou raise? 

Approximately $7 200.00. 

What about vour opponent, how much did he raise? 

As far as 1 know he raised somewhere in the 

neighborhood of $1,200.00. 

Qa. Okay. What about those persons who worked on your 

campaign. as far as their ethnic identification” Can you 

tell us whether or not you had coalitions working with you? 

A. I had a coalition. 

Gg. "And —— 

A. BRlack,., Hispanic, Anglo. 

@. All right. Did you campaign throughout the city. or 

how did you do your campaign? 

A. Yes. I campaigned throughout the city. We did dcocor to 

door distribution of literature. We did radic and 

newspaper. 

Qa. Did you have an individual working in a phone bank, or 

anything like that? 

A. Yes, we did. 

  

  

  

 



  

24 

25     

Watson — Direct — Garrett 1-104 

a. What was the result? 

A. The results, the voting results from that election was 

a 3 to 1 ratio. I gathered 6,000 approximately 300 votes. 

He gathered 16.200. Somewhere in that area. 

@. Did you have an opportunity to look at the precinct 

returns to be able to tell where his support came from and 

from where your support came from? 

A. Yes. My support came from 36 voting precincts, I 

carried four. 

a. All right. And what, if you know, was the ethnicity. 

primarily, of these precincts that you carried? 

A. Yes. Precinct 305%, 306, 308 and 304. Fredominantly 

I04 ic a mixture, 305 is predominantly Black, 303 is 

nredaninantly Black, 306 is a mixture of Hispanic and Anglo. 

@. What about the precincts that your opponent carried, 

how would you characterize their ethnicity? 

A. Predominantly Anglo. 

@. Ms. Watson, are you familiar with the city of Midland 

itself and how it elects members to its city council? 

A. Yes. I am. 

0. You are aware, are you not, that the city of Midland 

recently went with a 4-3 electoral system? 

A. Yes, I am. 

@Q. Have there been any minorities elected to the city 

council from the single member districts? 

  
 



  

24 

25     

Watson — Direct — Garrett 1-105 

A. Yes, there were. 

i. Do you know their ethnicity? 

A. Hispanic. 

@. What about the school board, are you also familiar with 

its electoral structure? 

A. Yes. 

@G. And what type of electoral structure do they have? 

A. They have a 7-0 at this time. 

Q. By 7-0. you mean seven single member districts? 

fA. Right. 

G. Are you familiar with whether or not any minorities 

have been elected toc the school board since they went to 

single member districts? 

A. Yes, I am. We have one Hispanic and one Black. 

GG. And the president of the school board 1 believe is 

Black at this time; is that correct? 

AR. Yes. 

@. What about County Commissioners’ Court, are you 

familiar with its electoral structure? 

A. I believe it is G5. 5 ~= 5. 00, 

a. Five persons? 

tA. Uh-huh. 

Q. Are there any minorities on the County Commissioners’ 

Court? 

A. Yes. there 1s one. 

  

  

 



  

24 

25     

Watson — Direct — Garrett 1-106 

GG. Do you know roughly from what area of town she would be 

elected from? 

A. She would be elected from our area. which would include 

District 5. 

Q. In Midland itself 1s there an area of town or an area 

of the county that 1s considered toc be a minority area? 

A. Yes. it 1s. 

Q@. Geographically east, west. north. south? 

A. East Midland. 

G8. East Midland? 

A. Yes. 

Q. ls it your understanding that the persons that have 

been elected to both the city council and the school board 

have come from a single member district in this area”? 

A. Yes. 

MR. GARRETT: I will pass the witness. 

CROSS EXAMINATION 

RY MR. GUAJARDO: 

8G. Ms. Watson. my name is Javier Guajardo. I am appearing 

here for the State defendants. You have testified about 

your familiarity with the city council in Midland as well as 

the school board of Midland; is that correct? 

A. Yes. 

a. In 1985 Arelia Corralez ran out of a single member 

district for city council; isn't that correct? 

  

  
  

 



  

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Watson — Cross — Guajardo 1-107 

A. Yes. 

@. And she defeated one Hispanic and a Black candidate; is 

that correct? 

A. Yes. 

@. And what was that Rlack candidate's name? 

A. Clarence Meekens. I believe it was Clarence Meekens. 

G. And the Blacks voted for Mr. Meeken out of that single 

member district? 

A. Not per se. 

Qa. Did they split their vote? 

A. The vote was split. 

a. Edia Hernandez in 1988 ran for school board out of 

single member District 1 against James Fuller, a Black: is 

that correct? J 

A. Yes, that's right. 

Q. James Fuller won: is that correct? 

A. Yes, it is. 

@. Fuller won because District 1 is majority Black and he 

got a majority of the Black vote; is that correct? 

A. In my opinion, no. 

fl. Had the same Edia Hernandez managed Jose Cuevas’ 

campaign 1 believe for city council, District 2, in 1989; is 

that correct? 

A. Would you repeat the guestion? 

Qa. Edia Hernandez managed the Jose Cuevas campaign for 

  

  

 



    

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Watson — Cross — Guajardo 1-108 

Midland city council District 2 in 19897 

# 

a wl = 

x
 

>
 

mn
 

rt
 

hil
 

iw)
 

iih—inth. 

Jose Cuevas ran against two Blacks: is that correct” 

nid the other one was Reverend Falmer? I>
 

TES. 

Sad Jose Cusvas won” 

Yes. 

The two Black candidates potentially split the vote and 

i= why Jose Cuevas wan; is that correct? 

hats why he won, ves. 

Biacks supported the Eiack candidates 

I would say that we had a mixture of Blacks. Hispanics 

nd Anglos that supported both, all three candidates. 

Are you familiar with Ms. Valencia that ram in Midland 

County 1 believe against two opponents, are vou familiar 

Me, Valancia®? 

County Commissioner. 

And she had two opponents: correct? 

Yes. One. 

She had a Rlack and an Anglo opponent: is that correct? 

  

  

  

 



      

Watson — Cross —- Guaiardo 1-109 

A. I am sorry. I don't really remember exactly. 

Q. Gloria Hinojosa, do vou remember that race? 

A. Yes. 

Q. It was around ‘82. wasn't it. for the college board? 

G. That was at large at that time? 

A. Yes, 1t was. 

GG. And she ran against an Anglo and wen; correct? 

Fo. Yes. 

0. Now, just recently the hospital district has been 

created in Midland, Texas; is that carrect? 

gi
 < T in L] 

And it 1s a 7-0 system, I mean 1t is seven sincle 

members’ 

A. I am not exactly sure. 

G. And they are gradually Tilling the places for that; is 

that correct? 

A. They are filling them. 

a. There have been two minority districts, it. elections 

in two minority districts: 1s that correct?   
a. Yes. 

ed. An Hispanic one in one district, northeast Midland. and 

a Rlack woman was elected” 

A. Appointed. if I am not mistaken. 

a. She was appointed? 

  

 



  

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Watson — Cross — Guajardo 1-110 

A. If 1 am not mistaken. 

GB. And the Hispanic woman was selected: is that correct? 

a. Yes. 

Q. District Judge Baskin. I am sure vou are familiar with 

A. Uh-huh. 

THE COURT: Is vour answer ves? 

A. Yes. I am sorry. Yes. 

RY MR. GUAJARDO: 

Q@. A long time Democratic incumbent switched parties from 

the Democratic to Republican so he could win: isn’t that 

correct? 

A. 1 wilt assume in my opinion that that 1s why he 

switched. 

@. There are three District Judges in Midland County: 

correct? 

A. Yes. 

@. Mr. Culp was a Democrat. Mr. Rucker is a Republican” 

A. Yes. 

Q. And Mr. Baskin is now? 

A. Republican. 

@. Judge Culp is retiring; isn’t that correct? 

A. I understand that tc be true. 

GQ. And Mr. Hyde has announced his candidacy as a 

Republicans; isn't that correct? 

  

  

  

 



  

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Watson — Cross — Guajardo 1-111 

A. 1 am sOrry, sir. I don't know. 

G. Roy Barrera beat Republican Jim Mattox in Midland 

in County for the General Election for the Attorney General’ 

race: 1s that correct? 

A. Would you repeat that question? 

THE COURT: Roy Barrera, Jr. 

BY MR. GUAJARDO: 

GQ. Roy Rarrera, Jr... running as a Republican. beat Jim 

Mattox, a Democrat, in the General Election race for 

Attorney General in 1986: correct? 

A. In Midland County, ves. That is correct. 

a. That is because Midland County is heavily Republican: 

isn’t that correct? 

A. Yes. 

a. In fact. a low percentage of the voters. total voters 

in Midland County, are registered Democrats? 

A. Yes. 

G. And minority voters tend to be a lot more Democratic in 

Midland County than Anglo voters; correct? 

THE COURT: 1 think probably 1t would be minority 

voters tend toc belong tc the Democrat party. not Democratic. 

I think there are some Democratic Republicans. Rephrase 

your question, counsel. 

BY MR. GUAJARDOG: 

a. Ien't the candidate of choice for the BRlack community 

  

  

  

  

 



  

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- Watson —- Cross - Guajardo 3-112 

overwhelmingly the Democrat candidate in Midland County? 

A. If I can answer that in a two part statement. 

THE CDURT: Go ahead. 

Af. As a rule, ves. But we are having a new breed of 

voters coming in that are not always Democrats because of 

their race. 

RY MR. GUAJARDO: 

a. Say that again, explain that. 

a. What 1 am saying is we are having new people that are 

coming that are registered voters now that are of the Elack 

race. not necessarily Democrats. 

Q. Are you saving there are Republican Rlacke” 

A. We do have Republican Blacks. 

Q. Probably because they want to get elected; right? 

A. Not necessarily so. They are not all running for 

cffice, they are voters. 

Q. 1 gather you wouldn't run as a Republican? 

A. At this time, no. 

MR. GUAJARDO: I will pass the witness. 

MK. GARRETT: 1 have nothing of thie witness, Your 

Honor. 

THE COLIRT: Thank vou. You may c=tep down. Thank 

you very much, Ms. Watson. We will take a recess now until 

1:00. Thank you very much. Just leave your stuff. counsel. 

Mr. Murphy and Mr. Leverett, if you would. please come 

  

  

  

 



  

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1-113 

forward. 

(Noon recess.) 

{Open Court.) 

THE COURT: 1 apologize for the delay. but I had 

the Judge from El Faso on the line. He sent vou nis 

regards. Sam. He didn't know whether El Faso County was 

paying for you sweating this case or not, but he said to 

tell you hello. Judge Hudspeth. Fine. Call your next 

witness. 

MR. RIOS: We call Dr. EBrischetto. Your Honor. 

Me. Finkelstein will do the direct. 

(Witness sworn.) 

THE COURT: Have a seat right over here. please. 

ROBERT BRISCHETTO, WITNESS. sworn 

EXAMINATION 

BY THE COURT: 

G. Tell me your name. where you live. and what you do. 

please. 

A. My name is Robert Erischetto. I live at 7826 Hawk 

Trail inn San Antonio. Texas. I am Executive Director of the 

Southwest Voter Research Institute. 

Ql. And you have been hired as an expert in thas case; is 

that right. Mr. Brischetto? 

A. That's correct. 

Q. All right. For the record. give me & little bit about 

  

  

 



  

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Brischettc — Ry the Court 1-114 

your background insofar as your education and what you have 

done most of vour adult life. 

A. I have a bachelor = degree from St. Mary's University 

in San Antonic in English. I have a master’ = and Fh.D. in 

Sociology at the University of Texas at Austin. And for a 

dozen years of my professional life I taught at 

universities. I have. since 198Z 1 worked for the Southwest 

Voter Fegistration Education Frgoject as their Research 

Director. In 1985 I moved over as Executive Director of the 

Southwest Voter FHesearch Institute. in that capacity 1 

worked on a number of cases which are similar to the one we 

are involved in today. That ise Section 2 cases challenging 

Xt large election systems. I guess that takes up a 

significant portion of my time. In addition to that 1 

analyze how Hispanics and Anglos vote in various elections, 

and their opinions in polls that we do throughout the five 

southwestern states. I guess we have become sort of the 

main repository and source of information on Hispanic voting 

and opinions perhaps in the southwest. 

8g. All right. You have tdetiriwe before” 

A. Yes, sir, I have. 

G. In Federal Courts how many times? 

A. Yes. I testified more than a dozen times. Il don't 

have the exact count on the tip of my tongue. but before 

thie Court in the Midland ISD case in the city of Baytown 

  

  
  

 



  

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Brischetto — Ry the Court J=321% 

case, in the city of Lubbock case. And like 1 said about a 

dozen others. 

THE COIRT Proceed. CJ i! ~< 

XAMINAT ION to
 

bd
 

Tl
 

m 0 ~ m 

EY MG. FINKELSTEIN 

r 

Q. Doctor. just for the record. what county is the city of 

Raytown in? 

am sorry, 1 didn't hear vou. I bd
 

MS. EINKELSYTE IN: Thank you, Judge. 

THE "COURT: For the record, the Judge knows where 

Haytown is. 
L] 

EYir MS. FINEELEGTE IN: . 

Gla Doctor, would you turn with me very briefly. since we 

have already covered i1t., to Plaintiffs’ Exhibit No. 47 
s 

That is a copy of my resume. it is not updated, but 3t 

is a capy of my, earlier copy of my resume. 

MS. FIRNKELDTE IM: Your Honor, piaintiffs would 

I: 3 i Cid 1 4 Ea 3 : — it =i = £3 [En ¥ 2 

¢ SHE COUT: i will recognize him as an expert. Go 

ahead. 

ME. FINKELSTEIN: Thank you, Jdudge. 

  

  

 



  

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Brischetto — Direct —- Finkelstein 1-116 

i. Dr. Brischette. as the Judge just found out. you have 

been asked to analyze various things involved in this case. 

Could vou begin, please. by characterizing the election 

system that 1s at issue here? 

. Yes. It ie an at large election system with numbered 

poste, and majority rule requirement. 

G. what coc you mean by this being an at large election 

system? 

A. Hy at large I think we are referring here simply to the 

fact that each Judge 1s elected county wide by voting county 

wide. And this 1s the case with regard to all of the Judges 

in the county. 

a. Thank you. Doctor. are you familiar with the concept 

cf enhancing factors as it applies to voting rights? 

A. Yes. Enhancing factors simply refers to those factors 

that enhance the deiusionary effects of the election system. 

In this case the at large election system. 

Gi. Are there any enhancing factors that are present in 

the system of electing District Court Judges in Texas? 

A. Yes. There are the. there 1s the numbered post factor, 

which 1s a head to head contest which requires candidates to 

run for a particular position, and that highlights the fact 

that a, there is a minority candidate in the race. There 1s 

a majority rule requirement which requires that minority, 

that voters. that candidates run in a run-off election if 

  

  

  

  

 



  

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Brischetto — Direct - Finkelstein 3-117 

they do not get a majority of the votes. In this case 

minority voters cannot single shot vote. it is really the 

functional equivalent of an anti single shot requirement. 

And those are the two main factors that enhance the delusion 

of minority voting strength. 

G. Okay. What is the main substance of your analvsis in 

this case” 

A. I have been asked in this case particularly to look at 

& racially polarized voting in judicial elections, 

especially as applies to the District Court system. 

@. Okay. Could you briefly define for the Court what vou 

mean by racially polarized voting? 

A. By racially polarized voting we are simplv referring to 

the fact that minority voters are voting Tor one candidate 

on the one hand, and the White majority is voting for a 

different candidate. In other words. there is a 

relationship between the ethnic composition of the ethnicity 

of the voters and how they vote. 

a. Okay. How do you measure racially polarized voting? 

A. It can be measured in several ways. The most commonly 

eed methods for measuring racially polarized voting are 

method called ecological correlation regression analysis, 

and homogenous precinct analysis. Also referred to as 

extreme case analysis. These are the twe methods that were 

used in the Gingles versus Edmondson. 
  

    
  

  

 



  

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Brischetto — Direct —- Finkelstein 1-118 

@. Doctor, are you familiar with the concept of weighting 

in analyses such as this? 

A. Yes. In fact I do weighting in all of my analyses. 

a. Did you do weighting in all of your analyses in thas 

case? 

A. In this case I did also. 

a. What does that mean? 

A. That simply refers to the fact that I took into account 

the number of voters in a precinct when 1 did the analysis. 

In other words, the relative size of the precinct has to be 

considered in the analysis when analyzing the patterns of 

voting so that a large precinct gets more weight than a 

small precinct with very’ few voters. 

Q. TR Would you describe. please. the parameters that 

vou chose for deciding which elections to look at here? 

A. Well, I was interested in the judicial system so 1 

limited my analysis toc judicial elections. And, of course, 

the first look at elections involved elections which were 

minority versus White majority candidates. That was my 

first criteria throughout in selecting elections. 

Secondly, I looked a SChie ther FER = First Ped ial ll, 

judicial races were of main concern is the District Court 

eysetem. And 1 looked for those type of races first. if 

there were none, or were very few of those. then I went on 

tc County Court at Law races. That 1s. local races which 
7 

  

  

  

 



  

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Brischetto — Direct - Finkelstein 2-120 

remarks. Would you please move with me to Plaintiffs’ 

Exhibits. book number 1, and we will begin with Bexar 

County. 

MS. FINKELGTEIN: Your Honor. just for your 

information. we are proceeding on behalf of Hispanics in 

Bexar County only. 

BY MS. FINKELSTEIN: 

8. Would vou please look at Plaintiffs’ Exhibit B17 

A. Yes. 

Q. And tell us what this 1s. 

A. This is simply a, B-1 ie a county profile for Eexar 

County. which simply describes the demographic information 

of populations in that county. It shows that the Hispanic 

population is about 47 percent of the county. Elack 

population 7 percent. Of the voting age population 

Hispanics are 41 percent and Black population of 7 percent. 

The number of District Judges that are elected in Bexar 

County are 19, and that is indicated in that exhibit. And 

approximate ideal district size is given. We divide the 

total population in 1980 by 1% Judges. that gives us an idea 

of what the ideal district should be, using voting age 

population that is indicated there also. You divide that by 

1%. 

a. Okay. Let's turn to Exhibit, Plaintiffs’ Exhibit B-2. 

A. All right. 

A A A I A FT a I TT a Fo RE RE r am S fomemepe 
ve Ae ELA SR 3 > 

  

 



  

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Brischetto — Direct — Finkelstein 3-32 

a. Is this the substantial analysis that you did. the more 

substantial analysis that you did for this county? 

A. I am sorry. 1 am having a hard time hearing vou. 

THE COURT: Why don't vou pull that around to the 

side, and I think it will help us some. 

MS. FINKELSTEIN: is this better? 

Gi. Ie this the analysis for Bexar County? 

A. Yes, 1t is. 

Qa. And what was the purpose of this exhibit? 

-3 
The purpose of this was to analvze where there is a I» 

attern of racially polarized voting. to analyze whether or Y WV : 

not there 1s cohesiveness within the Hispanic minority and 

winether Whites vote sufficiently as a bloc to regularly 
nM defeat minority candidates, in this case Hispanic 

i. And for the purpose of this exhibit are you defining 

~~ polarization the way you defined it just a few minutes ago” 

A. Yes. 

3. Witalt kind of data did vou use when you were doing this 

ara 2 = 

tr. I used the cliosest measure to actual voters that 1 

could get, and that was registration data by precinct. It 

was a count of the number of registered voters in the     

1 

  

  

  

 



  

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Briechettno —- Direct — Fineletein 31-1227 

voters in the precinct. 

Q. And where did you get that information 

£. That was provided by the Secretary of State’ e office. 

They do a regular sori pf, ait least once a year computer run 

that does a match on Bpanish surnames Ss. we can get a count 

of Hispanics in each precinct and a percent of Hispanic of 

registered. 

3. Okay. let's start at the tog of this exhabit and go 

trom left to right through the boxes that you have, that you 

have drewn here and just define all of these terme. 

So. 81! right. 

02 iet'e etart with bivariate, first of all; what is that? 

a. That is simply the bivariate correlation coefficient 

that relates in this case the percent Hispanic of registered 

in the precinct to the percent voting for the Hispanic 

candidates. 

Qa. Is this essentially the same analysis that you used in 

the Gingles case? 

A. Essentially it is. 

G. And you said earlier that you did a weighted analysis 

wher you did the bivariate personar’ 

[= Yes. 

Q. R1]l right. Do you always use bivariate analysis in all 

of the analyses of counties in this case? 

A. No - In some counties, in fact in most of the counties 

  
  

  
 



    

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Brischetto —- Direct —- Finkelstein 1—123 

here, 1 did what is not bivariate but multiple regression 

analysis. And by that I simply mean that I entered into not 

just percent Hispanic but also percent Black into the 

analysis. So that I could separate out the effects of 

Hlacks and Hispanics in the analysis. 

G. Why was it not necessary to do that multiple regression 

analysis in this county? 

in this county. there were a couple of reasons. One 1s D
 

the fact that the Rlacks were & very small group compared to 

Hispanics, the size of Hispanics in Bexar County. And the 

other instance, we had some registration data on Hispanics 

but no registration data on Elacks by precinct. And so 1 

went with registration data which were a closer measure of 

actual voters. 

@. When you do your. when you do your multivariate 

analysis in other counties, do you use registration data? 

A. No. Because in those other counties I was interested 

in locking at, in most of the other counties 1 was 

interested in looking at Black versus Hispanic voting. 

comparing the two groups in comparison to White to see +f 

HElacke and Hispanics were voting cohesively together as a 

group and voting differentiy from Whites. So in those 

analyses I needed to enter in both Black, information on 

Hlack composition of precincts and Hispanic. Since Black 

T data are not available on registration in Texas. I utilized 

  

  

  

 



  

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Brischetteo —- Direct - Finkelstein 1-124 

population data in those counties. 

Gl. And vou used population for Hispanics and for Rlacks 

A. For Hispanics and for Blacks. 

G. Why, why is it that in Texas there is no information 

about Rlack registration? 

A. Well, unlike Hispanics. Blacke don't have surnames that 

rt
 are easily identifiable from the registration rolls. and 

also in Tewas we don’t have a box on the registration card 

that allows vou when vou are registering to vote to check 

whether or not vou are Black or White. So you can't easily 

identify vaters by race. whether Black or White, looking at 

the registration data that is available on file. 

a. Dray. Let's go back to Exhibit B-Z2. Right under, in 

the same box where you have bivariate Fearson KR. you have 

the letters SIG. What does that mean? 

A. That 1s a significance level for the Pearson R. the 

correlation coefficient. And it 1s simply a test of whether 

or not the R 1s statistically significant. 

Q. Is this the same kind of significance test that is 

mentioned in the overton case? 

A. Yes. the same one. Simply a measure of, it gives us 

the probability that a correlation that size would occur by 

chance. 

@. Okay. In the social science literature are there 

generally accepted standards for significance levels? 

  

  

 



  

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Brischetto — Direct - Finkelstein 1-125 

A. Well, it is just a rule of thumb, but many in the 

social sciences use .05 as a level of significance. 

Anything iess than .045. I know the census bureau uses .1G, 

anything less than .10 is statistically significant. I 

think that there is no magic cut-off point, but 1 guess the 

most commonly used one is .03. 

G. Talking about all of the analyses that vou have done in 

this case now. did all of your. are ail of your significance 

levels less than .0357 

A. They are. 

Gi. Let’ = move on tc the next box here. Now. could you 

explain for us what vou mean by regression analysis? 

A. Yes. Regression analysis is another step in the 

anaiveis of the ecological correlation analvs Ss. Fegression p
e
 

is aleo done in that same analysis which develops an 

estimate for the voting. for each of the groups that we are 

analyzing. In this case we are interested in Hispanics and 

non—Hispanics. and we are comparing those two groups to one 

another. 

Qi. Okay. And what is homogenous precinct estimates 

A. Homogernious precinct estimate 1s simply he, the 

estimate that I found for the voting for each of the 

candidates by homogenous precincts, by voters in homogenous 

precincts. By homogenous precincts I am defining Hispanic 

{| } ? in thie case in Bexar County as those precincts that are i 

  

  

  

 



    

Brischetto — Direct - Finkelstein 

to 100 percent of the registered voters have Spanish 

surnames. For non—-Hispanics 90 to 100 percent of the 

registered voters do not have Spanish surnames. 

a. In all of the counties that you have analyzed in this 

case did you use 90 percent as the bottom code” 

A. No. In some cases we cannot find precincts that were 

homogenous for either minority or for the most part these 

were minority precincts. and so we had to drop down and look 

for, or we couldn't find more than one perhaps, 

dropped down to BO percent in order to be able to get a. 

include some precincts in this category. And so these would 

admittedly not be as homogenous. but that 

idea of something to check cur regression 

and give us an idea of the voting patterns 

particular group. 

8. So does the homogenous precinct analysis corroborate 

Your regression analysis? 

The homogenous precinct analysis is a second 

method for checking whether the patterns that 

regression analysis are correct. it 18 a wav 

the regression analysis. 

G. And what are these last two boxes at the right-hand 

side of this page”? 

A. Those would be just questions that I was answering with 

regard to my analysis. First of all. after locking at the   

  

  

 



  

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RBrischetto —- Direct - Finkelstein }ell 

results of the regression and the homogenous precinct 

analyses, the question 1s are the ethnic groups polarized. 

comparing them toc one another. Arid secondly. the guestion 

of does the Hispanic choice in that particular county win 

when you take into consideration all the votes that were 

case, both the election day and absentee votes for the 

particular contest county wide, or in that jurisdiction. 

Gi. Poctor, 1 noticed that thie table does not have a 

column for KR sguared. Are vou Tamiliar with that term? 

A. Yes That KR squared is simply sometimes called the 

coefficient of determination. It is simply taking the 

‘earson RK or the RK value and squaring it. And so we would bi 
| 

get, for example a .8 correlation would be an K square of 

1] or
 

Ia
 

Gl. What does the RK square show us? 

A. It 1s just an indication of how much we have explained, 

knowing the ethnic composition of the precinct in this case, 

the percent Spanish surname concentration in the precinct 

and what portion of the variation and how they vote is 

explained by knowing the ethnic composition of the precinct. 

you have on this chart? 

A. You simply take the R and sguare it. 

a. Multiple i1t by itself? 

a. That '& right, 

  

  
  

  
  

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i J Rrischetto — Direct —- Finkelstein 1-328 

a. Is that R square the same R square that was referred to 

in the Overton case” 

A. It is. 

@. Let's move to the first — 

THE COURT: Judge Nowlin told me to watch that. 

A. Watch the KR square” 

THE COURT: Watch the KR square. 

Fo. You can watch the R and get the same thing. 

RY MS. FINKELSTEIN: 

Q. What, would you please explain your analysis of the 

first race at the top cof the page. which is the 1982 General 

Election? 1 am sorry. before me move to that, can vou tell 

me how did you decide which races toc analyze in Bexar 

County? 

A. In Bexar County. okay. I looked at first of all 

elections that were District Court elections and I was able 

to find in the General Election. which was what 1 looked for 

first, six elections in the vears from 1980 to 1988 that 

were District Court races where an Hispanic candidate went 

up against a non-Hispanic candidate, at least one Hispanic 

versus at least one non-Hispanic candidate. So those were 

the races that I analyzed in this particular county. 

G4. Now. would you please explain the results of vour 

analysis of the 1982 General Election for the 144th District 

Court? 

  

  

  

 



  

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HBrischetto — Direct —- Finkelstein 1-12¢G 

A. Yes. if we look at the results of the analysis, the 

bivariate regression analysis for District Court 144. where 

Roy Barrera run against Tom Stolhandske in the 1982 General 

Election we see a Pearson RR of minus .80. And that 

indicates that there is a strong relationship between the 

ethnic composition of the precinct and the vote for the 

candidates there. In this case a minus .8 meant the greater 

the ethnic, the greater the percent Hispanic in the precinct 

the less the support for the Hispanic candidate. And that 

indicates that there is some polarization going on there. 

We would look further at the regression analvsis, and that 

gives us the estimates for the Hispanic and non-Hispanic 

voters in the next two columns. For BRarrera., the estimate 

for Hispanic voters was 17 percent support by the Hispanic 

voters and 77 percent support by non-Hispanic voters. And 

we can see the two groups came out very differently in the 

election and how they voted. So we have an indication that 

it 1s polarized. a strong indication because of the 

differences are fairly large. Then the homogenous precinct 

estimate gives us an idea of whether or not that analysis is 

correct, And we, we look at the results on 

find. two. that there 1s very little support by Hispanic 

voters, 24 percent in the 20 to 100 percent Hispanic 

precincts for Barrera. and 74 percent by non-Hispanic voters 

for Harrera. So we answered the question then. are ethnic 

  

 



  

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EBrischetto — Direct - Finkelstein 1=130 

groups polarized? Yes. And does the Hispanic choice win? 

Well, we simply look at the result of the election for Bexar 

County, including absentee votes. and the answer toc that one 

is no. 

G. Doctor. I think you skipped this number, it 1s .0Q00 

immediately under the Fearson K. What 1s that” 

A. That was the significance level of RK. It just tells me 

Ni
 n the probability that an R like that would occur, as large 

that would occur by chance. practically zero. 

a. What is the R square for this analysis? 

Fo. The R square would be squaring minus .8B would be .564. 

That indicates that we explained 6&4 percent of the variation 

in how people voted by knowing the ethnic composition of the 

precinct, percent Spanish surname of the registered in the 

precinct. 

GB. This is the lowest RK squared you will find on this 

page? 

A. Yes. In this particular county that is the lowest. 

G. Okay. Let's move on toc your analysis of the, vour 

second analysis on the page which is the 1982 General 

Election far the 290th District Court. 

a. Ics there a difference between this analysis and the 

first analysis for the 144th Court? 

A. Well, there is a difference in the way in which the 

  

    
  

 



  

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Hrischetto - Direct - Finkelstein I-13} 

side that the different ethnic groups tock with regard to 

the Hispanic candidates. In this case Delgado. the Hispanic 

candidate. 1s supported by the Hispanic voters and not 

supported by the non-Hispanic voters. 

a. And how can we see that difference? 

A. well, you can look at 1t a couple of ways. ne 1s to 

look at the correlation coefficient and see what sign it 

has. It 1s a positive sign, indicating that the greater 

percent Hispanic in a precinct the greater the support for 

Delgado. And you can look at the estimates from the 

regression analysis that tells you about what level they are 

supporting Delgado for each of the groups. Hispanics and 

nony-Hispanics. And then you can look at homogenous precinct 

analysis and get the same idea of what level of support 

there 1s for the Hispanic and non-Hispanic candidates. 

8. Doctor. earlier you said that the numbers in the column 

under regression analysis represent percentage. The 

percentage under the Hispanic column for the Delgado race, 

290th, is 103. How could you have more than 100 percent of 

the voters voting? 

Fo. Well —-— 

. THE COLIRT: Some people vote twice. 

A. That 1s not exactly the answer 1 was going to give, 

Your Honor. 

THE COURT: Okay. 

  
  

  

 



  

Erischetto — Direct — Finkelstein 

A. But actually i1t simply reflects the fact that when we 

do estimates from regression analysis. our results are not 

always precise. And sometimes we will get a little over 100 

percent. sometimes we will get a little under. And the fact 

is that in this case what it simply means 1s that 1t was 

virtually all of the Hispanic voters supported Delgado. 

Some analysts woul actually round that off to 100 percent, 

and I prefer to simply show what came out of the computer. 

That's all. 

Okay. Doctor. did vou do any other analyses of these 

elections in Bexar County that are not refiected on 

Yes, I did. 1 rua tivivee » get some absentee 

voters for 1988. 

MR. BILCKB: Your Honor, 1 object to this 

testimony. This was never disclosed to us in depositions. 

We asked what he relied on. You set a cut-off point in your 

pre-trial order for a time by which they had to disclose to 

us the underiving basis for his opinions. They have never 

been discussed in any of the depositions. It has been asked 

what he relied on, but he never - 

JHE COHIRT : when did you get this information? 

A. Actually it was obtained only recently. just this week. 

This week. No, this would be last week, toward the end of 

the week. We were able to get the information on absentee     

  

  

  

 



  

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Hrischetto — Direct —- Finkelstein 1-133 

voters. And so all I did was simply add them in to see if 

the analysis would be different, and indeed the results were 

essentially the same. So 1t didn't really affect the 

THE COURT: You didn't go into, it just backed vou 

up according tc the figures vou cbtained? 

A. Yes. All 1t did was confirm the fact that we had a 

very strong pattern here and the results were essentially 

the same. 

THE COURT: All right. For that iimited extent I 

will tat vou testify to the absentee votes. Go ahead. 

ME. FINKELSTEIN: I would ‘like to limit it just a 

little bit further, Your Honor. 

BY MS. FINKELSTEIN: 

a. Did you do that for all the elections you analyzed in 

Bexar County? 

A. No. HRecause prior to 1988. first of all we did not 

have election data broken out for absentee voters by 

precinct. The elections administrator did not do that. And 

secondly, before the '88 elections, prior elections, there 

were not as many people voting absentee. And as a result we 

did not have, there was a rule that was just adopted. 1 

guess 1t was a change in the election code just prior to the 

‘88 election for 1987 that said that anyone can vote 

absentee regardless of whether or not you are absent or 

 



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Brischetto — Direct - Finkelstein 1-134 

anticipate being absent on election day or infirmed or 

elderly. So anyone can vote absentee. As a result vou got. 

an increase in the number of voting absentee in the 88 

election, guite an 1ncrease. Prior to that time 1t wasn’t 

as much. there weren't as many people voting absentee 

because vou actually had to sign an affidavit saying vou 

were going to be absent on election day in order to vote 

absentee. or be elderly or infirmed. Sc we dic net do that 

for those two reasons prior to the "88 elections. 

G. Doctor, vou said that adding in the absentee results 

allocated to the precincts did not change your results 

significantly. Did that surprise you? 

Hecause the results were very strong. , A. No, it didn't. 

it did was our correlation went from, in one rt
 Actually wha 

case from .87 in the ‘88 District Court, 73 election, to 

86. in the other case, the District Court 225 election in 

‘88, it went from .86 to .87. So we gained one hundredths 

cf a point in our Fearson correlation in one case and lost 

one hundredths of a point in the other case. And the 

estimates actually did not change significantly either. It 

actually brought down the estimates from 106 to 57 percent 

in the case of Hispanic voting for Mireles back in 1988 far 

District {ourt 73, and brought the District Court 225 

estimate down from 103 percent support by Hispanics far 

Serrata to 102 percent. So the differences were eccentially 

  

  

  

 



  

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Hrischetto — Direct —- Finkelstein 1-13% 

small and the results of my analysis did not change one bit. 

That is my conclusions and the pattern that I saw did not 

change. 

MR. FINKELSTEIN: Judge. unless you have any 

questions about particular elections voted here I am not 

going te ask Dr. Brischette to review each one. 

THE COURT: In the (988 elections, in 22%, is that 

A. Yes, it is. 

THE [COLIRT: Were there any other races that had to 

do with Anglos and Hispanics running against one another? 

A. There was a Mireles—Howlese race. which is right above 

it. But those were the only two General Election contestis 

involving Hispanic versus non-Hispanic. 

THE COURT: I was thinking that Judge Spears’ son 

A. Carlton Spears? 

THE COURT: Ran for a district bench down there 

against Roy, Sr. s son-in-law in a General Election. Was 

that two years ago, wasn't thet in 19887 1 can't think of 

Mr Barrera © son-in-law’ = name. He had an Hispanic name. 

P MS. FINNEL STE IN: Your Honor. I know Judge Spears 

because he was in my year at law school. 1 con't think ‘that 

his opponent was Hispanic. but I wouldn't be sure. We 

didn't uncover it when we were locking for races. 

  

  

  

 



      

Brischetto — Direct —- Finkelstein }-134 

THE COURT: It may not be. It may not be. Spears 

I know ran. and 1 know he ran against Roy. Sr.’ 's son-in-law. 

but that is all right. Maybe the name is wrong. Go ahead. 

No. you don't have to go into each. 

MS. FINKELSTEIN: Thani vou. 

BY MS. FINKELSTEIN: 

Gi. Doctor Brischetto., does this analysis lead vou to any 

conclusions about whether Hispanics in Hexar County vote 

cohesively in General Elections for District Court benches? 

A. Yes, 1t does. 

a. What conclusions does 1t lead vou to? 

A. They are very cohesive. 

a, Which column on this table did vou rely on tc reach 

that conclusion? 

A. Well. I looked at the regression estimates on the 

Hispanic votes. That 1s. what level did they support the 

candidate of their choice. And they were high in each case. 

I also looked at the homogenous precinct estimates, and they 

were, while they were not as high. they were still very hiah 

overall and in each case. So I wouid have to sav tha 

Hispanics were cohesive 1 their wvoiing with regard tc one 

another. 

THE COURT: Thinking back. 1t could have been that 

Harrera's son-in-law was beat in the primary. 1 helieve he 

was beat in the Republican Frimary. 1f I am not mistaken. 

  

  
 



  

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Brischetto — Direct —- Finkelstein 1-13 

Isn't that right? 

MR. RIOS: Your Honor. the gentleman you are 

speaking of 1s Judge Arellano. He was the incumbent and was 

defeated in the Republican FPrimary. 

THE COURT: Was defeated in the primary and never 

did make the General Election? 

MR. RIOS: Yes, sir. 

THE CDURTY: All right, 

A. I might mention the fact. Your Honor, that 1 am 

lyzinag bl}
 analyzing primary elections because — I am not an 

Frimary Elections in this case. Primaries are really not 

part of the system here that causes the problem. They make 

it past the Primary. some of them, and it is the General 

Rlection that would be the filter. 

THE COURT: Maybe we would be better off if we 

didn’t have primaries in judicial elections. 

BY MB. FINKELSTEIN: 

Q. Doctor. does this analysis in Plaintiffs’ Exhibit E-2 

lead vou to any conclusions about whether in Bexar County 

the majority bloc vote generally votes to defeat the 

Hispanic community pre 

‘A. Yes. 

G. What 1s your conclusion? 

A. That indeed there 1s sufficiently large Anglo bloc vote 

to defeat the Hispanic candidate in most cases. 

  

  

  

 



  

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Brischetto — Direct - Finkelstein 1-138 

@. And does this analysis also lead you to the conclusion 

about whether there is a pattern of polarized voting on 

ethnic lines in Bexar County in District Court elections? 

A. Indeed 1t does. 

G. What is your conclusion” 

A. That is that there is racially polarized voting in 

Bexar County in judicial elections. 

tittle Lit of po
d 8. I would like toc take just for a second a 

a side step here. The State has argued in their opening 

argument, and I imagine they will throughout the case, that 

what is going on here is just a matter of party politics, 

the issue of party strategy and success in Texas. Do you 

have any comment on that? 

-~ 
A. Well, in my analysis 1 analyzed elections to decide how 

minorities and White voters were voting regardless of their 

party affiliation. And I simply described those patterns of 

voting. how Hispanics were voting on the one hand, in this 

case, and White voters. or Anglo. White Anglo voters were 

voting on the other. And I think party was not a 

consideration. I] locked at the election. of course in some 

ispanics who ran acs Republicans got elected, but the I fn case 

point that I was finding was that regardless of what party 

affiliation it was Hispanics voters and Anglo voters came 

out differently in the sides in which they took in the 

election contest. That is what I was looking at in thas 

  

  

 



  

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BErischetto - Direct ~ Finkelstein 1-13% 

analvsis. 

Ql. Doctor. let's move on to Plaintiffs’ Exhibit No. 3. 

Did you draft this exhibit yourself? 

A. No.l _gidn't,. 

Q. Do you know. was 1t drafted in accordance with the 

standards and protocel that you develaped? 

A. Yes, it is. 

G. And have you reviewed it for accuracy in compliance 

with those standards”? 

A. I have. 

@. Did vou do that for all, I will note this as an equity 

chart, have you done that for all equity charts in this 

case” 

A. I have. But they failed to make a correction I know. 

if we want to be precise and accurate. They talk about 

Spanish surname population. Wherever it says surname. I was 

using surname only to refer to registration. In this case 

we are talking about population data, when we look at the 

population, soc that would be Spanish origin. it 1s a very 

fine distinction. but the census bureau uses the term 

Spanish origin rather than surname in 1780 in (dentaifving 

the Spanish population. 

a. And that would be true for all the equity charts” 

a. That would be true for all exhibits that use 

population. 

  

  

  

 



  

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Brischetto — Direct - Finkelstein 1-140C 

Q. Let me guickly review with vou several other kinds of 

exhibits that are in this book. Did you yourself make what 

we call the Gingles I District maps and attached charts? 
3 

(wr
) did not make that myself. no. 

a. Did vou vourself make the gecgraphic concentration 

~. I did not make the maps myself. no. 

GQ. Did vou draw up a list of incumbent Judges. District 

Court Judges. and their ethnicity? 

A. I gid not. 

i. Did you do this accessory exhibit vourseif? 

A. I did not do the exhibits myself. 

dy
 Gi. Did you draw up the map that shows the residences o 

District Court Judges related tc the area of minority 

concentration in the counties yourself? 

A. I did not do those myself. 

Q. Did you draw up the hypothetical districts and do that 

analysis yourself? 

A. I. did not. 

a. Did vou draw up the table that shows the socioceconomic 

stratification in the counties? 

A. No. I did not do them myself. 

Qa. How about the voter registration profiles? 

A. I did. I had someone else in my staff do that. We did 

it as a regular course of trving to lock at the registration 

  

  

  
 



  

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Brischetto — Direct —- Finkelstein 1-141 

levels in different counties for Hispanics. For all of 

those exhibits. were they created using the standards that 

you had set up? 

- 
A. Yes. I had discussed with the attorneye for the 

plaintiffs, and instructed them and their and my assistants 

on what 1t was that they should do to sit. to set up the 

exhibits. And they followed those. 

Q. Are vou satisfied that all the exhibits that were 

created using your protocols or under your supervision are 

accurate in this plaintiffs’ exhibit book? 

A. Yes, they are as accurate as 1 think, my review of them 

showed them to be accurate with that exception of the 

2. Okay. And they comply with the standards that vou 

established? 

A. They do. 

8. Okay. Let's lock at Exhibit E-3. What 1s this? 

A. This is simply. what has been referred to as an equity 

chart. It 1s simply a comparison of the percent Spanish 

surname in the population with the percent of the Judges in 

the county that are Spanish surname. It says Spanish origin 

xn the population, the percent of Judges with Spanish 

surnames. 

G. By Judges you mean District Court Judges? 

a. Those are District Court Jdudges in all cases. 

  

  

 



  

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Brischetto — Direct -— Finkelstein 1-142 

a. I= this the same method that Dr. Taebel described in 

1970 in a published article? 

A. 1 believe it is. 

G. And 1s 1t also this same message that this Court used 

in the LULAC versus Midland 15D case? 
  

A. Yes. 1 believe it is. 

Q. Over on the far right-hand side of the page there 1s =a 

column labelled equity measure. I note that all of those 

numbers are negative. What 1s the significance of a 

negative equity score? 

A. Negative simply means that we simply subtract the 

percent Spanish surname of Judges from their percent Spanish 

origin of the population. It simply means that the 

percentage representation among Judges is lower than the 

percent represented in the population, of the population 

that is Hispanic. And it is simple subtraction between the 

two, so it is an under—measure. sort of an under-— 

representation. Negative value means they are under-— 

represented in the Judgeships in District Court. 

GQ. Can vou turn, please. to Plaintiffs’® Exhibit EBE-47 

Fo. Yes. 

a. What 1s the table on the top half of this page” 

A. The top part of the pace is a summary table th bil
 

r
i
 gives 

the eight districts that can be drawn. these are the eight 

minority districts that can be drawn and in this case there 

  

  

  

 



  

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Brischetto — Direct — Finkelstein 1-147 

are Hispanic districts, using total population dats. 

Q. And what 1s the difference between the table on the top 

half of the table and the table on the bottom half of the 

page” 

A. The bottem half is simply the drawing of eight 

districts, the same eight districts actually. and giving the 

population of the voting age for each of those districte. 

a. find ies this also based on the census data” 

A. That ie based on 19B0 census data. 

Qari rt
 a. Okay. And what. which column should be looking =a 

thie page in our analyeis of whether or not the Hispanic 

community sufficiently large and geographically compact to 

constitute a majority in a single member district for voting 

rights purposes? 

A. I think you should be looking at the column on the 

right which shows percent Hispanic of the vating age 

population. That would be the bottom right. 

@. What is the next page of this exhibit? 

A. The next page is simply a map which lays out those 

eight districts that were drawn, eight Hispanic. 

oprecuminantly Hispanic district. 

+8. What are the remaining pages in this exhibit? 

A. Those are simply a break out of the census tract that 

comprises each of the districts, district 1 through district 

8. and gives the population information, Hispanic and Black, 

  

  

 



  

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Brischetto —- Direct — Finkelstein 1-144 

in each of the districts by census tract and the total for 

the district, for both total population and voting age 

population. 

GG. Do you know why these calculations were based on census 

A. Yes. They were simply. the census tract information 

was the data that was used to draw the districts. Sind. of 

course. one could use census tract information cor one could 

use bloc information, it was sufficient to use census tract 

information in this case in order to draw the majority 

voting age Hispanic population district. 

a. Does this exhibit lead vou to any conclusion about 

whether the Hispanic pqgpuliation of voting age in Hexar 

County is sufficiently large and geographically compact to 

constitute a majority in at least one single member 

district? 

A. Yes In every case in all eight of the districts we 

find that the Hispanic population is sufficiently large and 

geographically compact enough to be able to draw a majority 

voting age Hispanic district. 

a. What ie Plaintifre Exhibit H-57 

AF. No. B-5 is a map of Bexar County, and it alsc cutlines 

the voting precincts that are 50 percent or more Spanish 

origin of the population. 

- Q. Okay. And Flaintiffs’™ Exhibit E-&7 

  

  

  

 



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Brischetto — Direct —- Finkelstein 1-145 

A. No. B~6 is the same map of ERexar County. but in this 

case outlining the voting precincts that are 50 percent or 

more Black of the total population. 

a. And how about B-77 

A. And B-7 is a map of Rexar County and it shows an 

outline of those voting precincts that have BO percent or 

more Rlack plus Hispanic in the population. total 

papulation. 

Qi. Could you turn, please. to Plaintiffs’ Exhibit B-B~? 

A. Yes. 

a. And what is that? 

A. This is a list of the incumbent Judges in Eexar County. 

There are 19 eof them in the District Court's svetem, and it 

shows their voting precincts of their residents. the race or 

ethnicity of each of the Judges. And 1t also shows how many 

of those, if you add them up at the bottom there. it tells 

how many of the Judges of the 19 are Hispanic surnames, and 

that 1s 26 percent, or five of them. And how many are 

Black, and that is 0 percent, none cf them. 

Q. Does this paint a complete picture. doctor. of what 

happens to an Hispanic candidate who 1s cpposing an Anglo 

candidate for the District Court bench? 

A. Yes, "1 ¥hink 1% — no, 1 think that it is, what it 

shows you 1s a number of Judges who are Hispanic there who 

have gotten elected, either simply because they didn't have   

  

  

  

 



  

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Brischetto — Direct — Finkelstein 1-146 

agpponents in the General Election. Sc 1t doesn’t give you a 

very complete picture of how. when Hispanics go up against 

Anglo Judges what the results would be, the outcome would 

be. 

3. What 1 the column of numbers in the far left-hand 

corner”? 

A. That 1s just a code given to each of the 1 through 19. 

tc each of the Courts, each of the Judges. 

Q. And what was that code used for? 

A. It was used for the next exhibit, to identify where 

these Judges live. 

GB. So that is FPlaintiffs’ Exhibit B27 

A. That would be Exhibit E-9. 

Gi. And what does this exhibit show? 

A. That shows the area that is 50 percent or more Spanish 

origin of the population which is outlined, and the various 

Judges" residences. or the voting precincts actually that 

they reside in. And it indicates that in the 50 percent or 

more Hispanic area there are only two of the 19 Judges that 

actually live in that area. 

a. And how about Flaintiffs 

A. No. B-10G, we have the area that 1s 8 percent or more 

combined Black plus Hispanic in Bexar County outlined on the 

map. It shows the Judges’ residences with respect to that 

arex. There sre none nt the 19 that ldve in that area. 

  

  

  

 



  

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Hriechetto — Direct — Finkelstein 1-147 

G. QOkav. Would you turn. please. to Plaintiffs’ Exhibit 

F~117 

A. Yes. 

i. What 1s that? 

A. This 1s a. an analysis of the success rate in those 

contested elections that I analyzed. the General Elections, 

where Hispanics went up against Anglos in District Court 

elections in Bexar County. 

fl. And what does it show? 

A. It shows that in those contests you had four out of six 

were won by Anglos, aor &7 percent win rate is the outcome 

for Anglo. For Hispanics it was a 335 percent win rate. 

G. Would vou please turn te Flaintiffs' Exhibit B12, 

which has several parts to 1t? 

@. What is a hypothetical district? 

A hypothetical district is simply a district that we T
 

could draw. which would be predominantly Hispanic in this 

case. which is approximately the size of what would be a 

single member district in the Court system. the District 

; ; 1 oR 
Court system. nd we wanted to look a 

following precinct boundaries in order to be able to follow. 

see what their results of an election that were heid in that 

precinct would be, if we held it.for the races that we 

analyzed. What would the outcome be in a district, single 

  

  

 



  

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Erischetto — Direct — Finkelstein 1-148 

member district contest for that seat. 

a. And which elections did you analyze that way? 

A. Essentially the elections that are listed that I 

analyzed for the General Election for the various Court, 

District Court contests. General Elections pitting Hispanics 

against non—Hispanics. 

G. And did you add some extra elections aiso? 

A. I believe there were some others that were also added. 

a. I believe that one of them would be the Arellano race 

that Judge Bunton was referring to earlier. 

A. Yes. 

a. All right. What were the results of these analyses? 

A. Well, in every case —— well, if vou lock at each one of 

them you can see that the outcome for the Hispanic choice in 

this predominantly Spanish district would have been elected. 

the Hispanic choice would have been elected. In this first 

race for example, B-12 where we had Priest against Marcos, 

the Hispanic. the Anglo candidate Priest actually won the 

election overall at large in Eexar County. But in this 

particular district, iF the election had been held im this 

perticular "hypothetical district”, we look at the election 

returns. Marcos would have won 67.0 percent of the vote. 

G. So in other words, it would have made a difference to 

have single member districts in his case? 

Eo. 1+ would have resulted in a& different outcome in the     
 



  

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Brischetto — Direct —- Finkelstein 1-149 

election. 

GQ. Does this corroborate your earlier conclusion that the 

Hispanic group in Bexar County votes in a cohesive manner in 

District Court elections? 

A. Yes, it does. And I might note that if vou look at 

the four districts, each of the hypothetical districts, the 

same result comes out. That 1s that Marcos would have won 

in each of the four hypothetical districts that could be 

drawn that are predominantly Hispanic. 

G. Does this alsc corroborate your earlier conclusion that 

in Rexxar County in District Courts of general elections the 

Anglo majoraty bloc generally votes to 

community's preferred candidate? 

oa Yes, it does. in the at 

held the Anglo candidate actually won in the district 

eiections. in the hypothetical district elections that we 

set up here the minority candidate would have won. 

GG. And Just since Judge Bunton brought it up earlier, 

would you turn with me. piegacse. tec Flaintiffs' Exhibit B- 

$=. Ite dn, under the 1280 tah. 

- The tab that sayz 257 

«3 which race was that’ 

~ 1 : ~ - = fo i ein tip Ee 0 A A = That was the Arellano versus White race. 

1 $0 wld rp = TY 
Ll Wihiatl year . 

~ a Ee ATE ee rT em TL, 
a IiNls Was, FIIs HAs AN I1T70C« i el levee, 

  

    

  

 



    

Brischettao 

vd do you 

tical di 

reach the 

Direc = Finkelstein 

- 
3 same conclusion from thas 

reached in 11 the other 

nave won 

| SE 

  

  

 



  

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Hrischettic — Direct - Finkelstein 1-151 

A. Well, certainly having iess of these socioeconomic 

recources or Characteristics to draw on. we find that 

minority cter=z will participate less in the election 

svetem Ediicatinn ie an important resource. For example, 

it enables pecpie toc feel like they are more a part of and 

take part in the election system to a greater extent. 

Lacking that they participate less. So it is important, it 

has zr effect certainly on their participation when they are 

subordinate status in the stratification system. 

Gi. And would this kind of socioeconomic stratification 

have the same implications in the cther counties at issue in 

thie case iT it gnicted there? 

$ 

A. Yes. In each case we would find that 

stratification would have an effect. 

that tvpe of 

8. Let's move to the last exhibit for Bexar County. 

Flaintiffs’, I am sorry. it is not —— the 14th 

Bexar County. What 1s this? 

A. This 1s a voter registration profile. 

exnibit for 

It should be 

marked for 1987. And the registration. it shows the 

population data estimates for 1987 by race and Spanish 

origin for Bexar County. it shows the data for total 

population and total voting age population. the same 

estimates for 1987. It shows voter registration numbers for 

1987, both Spanish surname, which 1s labelled Mexican 

American in this case. and non—-Spanish surname, which 1s 

  

 



  

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N)
 Brischetto - Direct — Finkelstein i Loe 

labelled other. And then it calculates the rate of 

registration. that is of the voting age population Spanish 

surname what percentage are registered. And the same with 

regard to the non-Hispanic, which is that other category. 

what percent are registered. And then table 4 actually goes 

into calculations of what percent of the Spanish surname. I 

think there 1s an error here I noted. what percent of the 

Spanish surname registered. and that is not population but 

registered in the population are Mexican American, and that 

ol. And where did you get this information that vou put 

—— 

his was obtained. the population data were from Texas 

- 
A & M University estimates done by the Department of Rura 

Sociology there. and the registration data were taken from 

the Secretary of State in Austin on Bexar County. 

G. Does this Exhibit E-14 lead you to any conclusion about 

the Mexican American registration rate in Rexxar County? 

A. If you look at table 3 you can see that Mexican 

American registration rate of voting age population in 1987 

RE + was 44 percent registered. I ha 1s far lower. in fact less 

than half the registration rate for non—-Hispanics, which 

would be the other category. There are 91 percent of those 

non—Hispanics in the voting age population are registered. 

So 1t speaks to the level of under—-registration by Hispanics 

  

  

 



  

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Brischetto Direct 

when compared with non—Hispanics 

that @. What implications does 

exercise of the right to vote by 

- 

— Finkelstein 

in Bexar County. 

have toward their. for the 

Mexican Americans? 

have to A. Well, certainly in order toc be able to vote you 

be registered and if you are not part of the system by 

registering to vote, you don't, you don't participate. So 

it speaks to their alienation from the system and it also 

indicates that they are essentially not participating at & 

level that non—-Hispanices are participating. 

G. Doctor, let's skip. please. te Flaintiffs' EB-16. 

5. yec. 

Gi. what 1s this? 

A. Thies is actually a summary table for the exhibit that 1 

presented in a case against the San Antonio River Authority, 

which was an at large election challenge that was done in 

which 1 analyzed election returns for those elections in 

Bexar County for the San Antonio River Authority Board in 

which Mexican American candidates ran against non—Hispanic 

candidates. 

Gl. And what results did vou find? 

So Mell, If you look at the R's and the R squarsese vou can 

zee that in every case there is a large correlation between 

the percent Hispanic of registered voters in a precinct and 

the percent supporting the Hispanic candidate of choice. 

confirms findings in the analysis that" did 

  

 



  BE CVE ETO Se FRY SSRI TANT CEERI 

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Erischetto — Direct - Finkelstein 1-154 

for thie case that indeed there is racially polarized voting 

in Bexar County. 

Qa. ANd also does 1t confirm your conclusion that the 

Hispanic community votes cohesively in Hexar County? 

A. I think 1t does confirm that too. because we find such 

a high correlation would indicate Hispanics are voting 

cohesively. I think particularly I selected this. this 

exhibit for inclusion because 1 think we have to reccanize 

that the San Antonio River Authority election was a very low 

profile election, much like the District Court elections are 

in
 Ji 

4 
pt low profile elections. vet we till have high polarized 

9 

voting even 1in low prof de
y 

fe
t fe
d 

mM i [o
e]
 

m i i
 

Jd
 15 . In 

Gi. And then what are the rest of these pages that are 

immediately behind thie summary table” 

A. Those are just backup data that trot out the voting by 

precinct for each of the candidates in each of the 

elections. And show the scattergrams which correlate the 

percent Spanish surname registered with percent of vote for 

the Hispanic candidate. 

a. Were the Kiver Authority elections partisan? 

CA No. the Ban Antonao Fiver authority iielpriiones are non-— 

partisan elections. 

Q. But you still found that polarized voting existed? 

A. Yes. It doesn’t matter whether, I think in Rexxar 

County it doesn't matter whether partisan or non-partisan 

  
  

  

 



  

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Brischetto —- Direct - Finkelstein 1-155 

elections. you will find the same sorts of patterns of 

polarized voting. 

Qa. Eefore we leave Rexxar County 1 did want to come back to 

the 1988 Republican Frimary that vou mentioned where 

Arellanc lost county wide. Could you describe the 

circumstances of that election briefliv? 

A. Well, actually 1 am not really as familiar as the Judge 

is with that election. apparently. As I recall in that 

election Arellano was running in the Republican Frimary. 

"THE COURT: Had been appointed District Judge by 

the Governor? 

A. Yes. 

IHE COURT: And was running. had not run before. 

Been on the bench approximately a year, had been appointed 

by Governor Clements in "87. I believe. Is that what you 

are talking about? 

MS. FINKELSTEIN: I think so. Judge. 

THE COURT: He married Roy BRarrera’'s, one of his 

daughters, and ran in the Republican Frimary against a 

lawyer who had rnct held public office to my knowledge by the 

name of White. Amc white won the Republican Frimary. 

a That's right. He won the primary I believe in spite of 

the fact that he had. 1 recall an article to this effect. he 

had actually bowed out of the race as 1 recall 1t, and vet 

he won the race anvway. I think that was rather     

  

  

 



  

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Brischetto — Direct - Finkelstein 

significant. 

M5. FINKELSTEIN: Judge. we do have some 

deposition evidence on the race. 

THE COURT: A311 right. 

BY MS. FINKELSTEIN: 

Gi. Let's switch books now. Let's move to plaintiffs’ 

exhibit book 2 and also move on tao Travis County. 

AN Which county? 

g. Travis. 

THE (COURT: It would help me 1f we just stay with 

Hexar County. Let's take cross examination on Hexar C 

instead of getting me decided between Rexar and Travis 

right on down. if we will take —— 1 am assuming there 

going to be some cross examination of your expert. 

Ma. FINKELSTEIN: 1 think so. 

THE COURT: And that may be an erroneous 

< 

County, 

assumption on my part. it is not. But it will help me if 

we will keep it county by county. Is that all right with 

you? You don't have any objection to that? 

M3. FINKELSTEIN: ‘Mo, Your Honor, That is f 

THE COURT: I gxpect Lihat is the we Ti tes 

developed anyway. if you don’t mind we will stay in 5 

Antonio. 

MS. FINKELDBTEIN: I will pass the witness fo 

county. 

  

 



  

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THE COURT: 

MR. MOW: 

behalf of 

we would 

in other 

: 
You want them run 

or
 

Nn a mn
 

pe
od

 

t was very clever, 

mean that in 

BY MR. HICKG: 

G. Dr. Brischetto. 

Hicks, I represent 

where you got your 

elections that you 

Your Honor. 

the intervenors of 

have some idea of 

a partisan 

Direct — Finke 

R11 right. For Be 

could we 

T10OW 

[Se
] 1 

if we would just st 

y ou 

manner. &11 

CROS55 EXAMINATION 

I am curious about 

the State defendants. 

analvzed for instance in 

majority vote elections. 

Fo. Well. are you as 

Q. Yes. 

TA 1 just, 

attorneys in 

requirement for run-offs 

the case that 

.1ng me for 

this was something which I 

simply run-of 

in any. in the 

) 
YOU wn iL 

whatever countv. 

KOW. 

lstein 1-357 

nar County. 

Pp you anymore on 

on. that. 

Ss and ae
d 

p
d
 

i]
 ay on Da 

yor
) thought 

doy’ t 
; 

=o 

proceed. 

my name 1s Renea 

I am curious about 

information that the District Judge 

Hexar County are 

m in
 

was told by the 

fe, majority 

elections. 

  

  

 



  EPR rit 7 I Ta TE Sa ey or Stange 

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Brischetto — Cross — Hicks 1-198 

QR. Would it make any difference to you if the Texas 

Election Code said plurality vote races? 

Se. 1 suppose that would. ves. 

a. 1 suspected as much. Would 1t have an effect on your 

view about these enhancing factors that you were testifying 

about? 

[1]
 

™ CL
 

oh
 | 1 i 
i 

7 0 3 5 10]
 

i) nM bd
 3 

10
 he
 

mn
 nN | 3 Nn A. Well, majority with reg 

certainly the fact that they are, cou 

= 1 

1 why
 

im 
| 4 rt
 3 y. nN
 it}
 3 < (n) g 5
 

fo
t 3 ow
 J J 3S [=
 r+
 

i numbered posts. does not 

regard to that particuler enhancement factor. As to the 

majority rule, I certainly think that for, in those types of 

elections one has to. and I was under the impression that 

one hee itoigo into a run-off in order to win the election 

and make a majority in the election. 

a. You are willing to bow to State law if it says 

ctherwise; correct? 

A. I would like to see the State law in that regard. yes. 

G3. The Election Code, Section 2.02, 1 think. And if I had 

it here I would show it toc you, 1 don't have it. 

A. You have toc understand —— 

G. I didn't expect this testimony. 

A. You have to understand what I was doing was [I was 

supplied the election returns and the elections to be 

looked at the results. hd
 

analyzed. 1 did the analysis and 

And I was under the impression that they were numbered posts 

  

  

 



  

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Rrischetto 

with majority rule. 

a. Can vou 

describe it? 

A. Yes. 

the head to 

that position, 

contest 

WIE ree | : 
equlvaisant O07 

you described 

County 

Q. i 

number of Judg 

=f fr + rez] =i El Ter Lively 2 

~~ rd. acd rt gn ? 

id iT ODEs 

FET TE Pore i= PTT ip oe WE 

ary =v Fe ’ 
Re Led WE WL 

i H Jr ro - 
AE RT I BT NE SE SY 

“3 3 i ryan + both one vote 

-OMfl aS Lier s 

N 
mo 

- 
mear wWoLil 

That ic 

mn 

cannot sin 

B
e
 

tell us again 

simply 

Ld 

- 

a 

s 
: 4 

$s 
tice 

= 

: 

ih 
u 

i 
i 

- 

er 

' 

= 

PA 
T 

5X 

5 

& 

3 = 

head contest for 

T1 

Ia, 

T&2 

Ij 

= 
i SE 

t 

are 

Cross 

what a numbered post 1s as 

a hea 

= 

Hicks 

= : 
ie snl granu 

Loy mid = i ihe 1 
Wha arn ac. x 

are La i 2% 
FEIT. [COLL aS 

5 Be hia al pe RSS 
: Tico FI Mg SEE 4 

pels ror ny 
ate df: iE = = 

4 + 5 - 
hon S iT v ILL 

~ 
est would be 

hough, 

TUUNNATg. « 

1 
i + 3a 

~~ NE B= 

3 

—- + wr 
Adel = bE ia 

-— 

aly 
p += = 3 

Y be FET WE AC 1" 

CT ow ia} or By pl ve 2 or da 
ii Wit CE vir 

Sy Are JS 

nd 

= 

ment. 

ection 

"x po 

Pam LA 4 

TE = 
i (] 

Pd 

the Judges Nips. 

have here is 

= 

5 i 

iL WE 

yom 

» 

: 

Yom 
3 Je 

K] 
i 

tous 
Fos OL IR 

: i 
od | 

Halt y 

de - 

oF 

Nitin 

wit 

you 

ich is 

1 
pe EM 

FS I ps tT + 

= mer = 3 
LO" 211 

 . -— — 
ey SIE 

il}
 

  

  

  

 



      
                              

bo
a 

                    

SOHNE 
’ 
- 

    

3 = -— 

  

  

  

 



  

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3. 3m } 

I oy a I ever doing bivariate regression 

Briechettio — Cross - Hicks 

ere Lhey are ted on by all voters witlhi 

ch ons Frat hy 

Mone, 1 on LI Vo ; Ea ae ee Br, = 

Toosnous presinct analysis 

EET hh sou lentil fied, J oan tt recall if 

oi = ft Judge Bunton ’s guestions about vo 

Mz. Finnglsislin ss, ihat you probably do Hi 

sot:uns In the southwest, or vour organizat 

= any oody elise; 1s that correct? 

That 1s probably fairly accurate. 

Don't you think you could have pretty we 

analy 

the 

and 

it was in 

ur background 

spanic 

ion does, more 

il predicted 

  

recinct analysis, what the breakdown would be in 

=.
 

Ee I think 

1. If vou     
aces that you 

~~ 

Jatical 

1a In 

J Are you 

N Yes. 

8. Anglo voting 

familiar with 

know the political party I 

analyzed if you simply tagged 

this particular race or any race”? 

voting patterns in 

patterns 

SO. 

sis, homogenous 

these 

what the 

party was of the candidates running? 

Herar County? 

  

 



fl 

Brischetto — Cross — Hicks 1-162 

individuals, before you ever plug into your computer your 

statistical package. the social science software stuff. you 

could have pretty well predicted. couldn t you. how 

votes were going to break down as between Hispanics 

Hispanics 1f you had simply known he party of the 

candidates? 

A. Well, 1f you are asking me whether 

Hispanics to come cut voting fo party. say the 

Democrats and non—Hispanics for Republicans, I think 

that generally 1s the pattern.   the voting patterns of Hispanic 

to compare them regardless of their 

they came out on differen 

 — wl — Liga SRR TE oo 

Party affiliation 

this partisan election system: is that correct” 

A. Farty affiliation was something which, whether I 

analyzed as we saw in thes hibit presented today either 

partisan or non-partisan elections, we found Hispanic and 

non—Hispanic voters 

  

     



  IE ACY 

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Brischetto — Cross 

A. Well, I mean 1 paid some atte 

which candidate. which party the c 

But the analysis problem as I saw 

this was really an analysis of jus 

voting, regardiese of the party a 

candidates, toc see 1f they came ou 

the elections and were polarized. 

analysis, the proper analvsis for 

a. Why do vou think that, what 1 

A. Well, I am familiar with the 

done for example in the Thornburg 

- Hicks 1-363 

ntion in that 1 noted 

andidates were members of. 

it and was instructed in 

t how the two groups were 

filiation of the 

t on different sides of 

frnid that I think ie the 

thie type of a case. 

eade vou to think that? 

type of analysis that was 

vereits Gingles case. 
  

al. It is a legal judgment that h 

is an appropriate method of analvys 

A. I think sO. 

a. And you are not a lawyer: cor 

A. Well. I was instructed by law 

I think my own Jjudgem=nt as an exp 

different contests leads me to the 

we are locking here is to describe 

two groups and tc see 1f those vot 

of the candidate, did they come ou 

Q. Let's put aside the instructi 

lawyers, and 1 would just like to 

as led vou to think there 

ims yer tiadl rmrraetP 

rect? 

vers what to analyze. and 

ert in analyzing many 

same conciusicen that what 

the voting patterns of 

ting. if those two groups 

of the, of whether it is a 

or regardless of the party 

t differently. 

ons you received from your 

address vou as —— are you 

  

  

 



  

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Brischetto —- Cross — Hicks 1-164 

a political scientist or sociologist?” 1 don't know what vou 

are. 

A. My Ph.D. is in sociology. 

8. As a sociologist and as somebody who has studied 

elections quite a bit. would you agree with me that in 

partisan elections the principal factor determining the 

outcome of them 1s party affiliation of the voters”? It mav 

not be in every instance. 

bd
 A. No. I can't agree with that, that principal factor. 

think certainly party is & consideration 1f we wanted to go 

into an analysis of why pecple vote the way they do. but I 

don't think that there is evidence here that it is the 

major consideration. 

[1 8. You didn't even look at 1t. so how can vou sav 1t 1 

not the major consideration? 

A. Well. you asked me with regard to my analysis of all 

sorts. you mentioned the fact that I had done many analyses 

of voting patterns in Bexar County. both partisan and non- 

partisan elections. 

G. That is not what I asked. I asked vou when you are 

locking at just partisan elections 1f vou wouldn't agree 

with me that if you are just looking at partisan elections. 

putting aside whatever Thornburg versus Gingles or your 
  

lawyers say. if you just are looking at partisan elections 

that the princioesl determine of the outcome gf those F F 

  

 



  

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Brischetto —- Cross — Hicks 1-345 

elections 1s how the voters in the two parties choose up 

sites by party. 

A. ] don't know that it is the principal from this, 1 

can't tell. In order toc do an analysis of what "the 

principal factor” is in explaining why voters do vote the 

way they do, you need a more specified model for analysis. 

That 1s, a lot more information. in order to be able to 

compare the various predictors of voting. That is not the 

type of analyses we did here. 

Gl. I know. I am asking you to put aside what you were 

directed and did here, just as an expert analyzing partisan 

elections, if you are that, 1 am just asking vou to speak in 

terms of that right now. Not in terms of instructions. not 

in terms of what you did in Exhibit B-2. 6nd what. vou 

Just, you don't agree with me then that you can. that 

political scientists generally accept the principal that 

partisan preference of voters is the principal determinant 

of the outcome of partisan elections; is that correct? 

A. No, YT don't. I think that we can find. 1f we get. into 

mn
 that type of analysis, which I think is irrelevant in thi 

we To have dope 3 Before ust to epeiwmbiion py Ui
 m i bi pa
 ot IN]
 6 

1s more important, party or ethnicity. 1 find ethnicity is 

still a maior. the major determinant of how people vote. 

Again, that 1s not, what we are trying to doc here is explain 

why people vote the way they do. Instact, Af youcloock at 

  

  

 



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Brischetto — Cross — Hicks 1-146 

the elections that are analyzed here that are within the 

party system. Republican Primary and for example —— 

Gi. Let me just interrupt briefly. I am sorry. Do vou 

"3 
mean in Exhibit 2 or your analvesis all the way through” 

ANS In Exhibit B-12 for example. I think we have one of 

those. I am looking for a Pemocratic Primary. ‘Actually 1 

don't believe there is one in there. Yes. Canales versus 

Fearce. 

Qi. Where 1s that? 

A. Democratic Primary for Judge of County Court at Law No. 

Z in 1988. Canales in the hypothetical district for example 

received 70 — 1 am sorry. 

G. Can vou tell me where that is”? i am sorry. Can 1 

refer vou to one and ask you if it ie an indicator of What 

you are talking about? You are looking at primaries. I am 

Sorry. 

A. Even within the primaries, for example. you find that 

the Hispanic choice, which in this particular race was 

Pearce. loses county wide even though within the district he 

wines. 

Gl. That isn't analyzing the eleciion as such, 1s 1L7 YT! 

are looking at a minuscule portion of the voters in Bexar 

County: right?’ 

n A. Correct. We are looking at a particular district. if 

we were toc have a particular. draw a district and see what 

  
  
  

 



  

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Brischettoc —- Cross —- Hicks 

the outcome would be in a district. I have also, 

analysis that I have done in the General Election 

see the particular primary. the analveis 1 did on 

analysis, the whole county were for General Electi 

pe
te
 

G. Right. I believe you testified, correct me 

1-167 

from the 

you cannot 

regression 

one here. 

“+
 

fe
nd
 

n 3 

wrong. that you didn't analyze primaries here because they 

were not a filter. 

A. In fact. 1t seems indeed minorities do win in 

the primaries. Not 1m all cases. but in the Democ 

some of 

ratic 

Frimary that is true in some of the cases. The real filter 

seems to be the General Election. Now. we are talk 

fu rt
 

m od
 

3 m n Mi w
t
 

9) m the choice of the minority candid 

voters. And even inn the Barrera race for example 

minority 

we find 

that the minority’'s choice. which was not the Hispanic 

candidate, lost. 

@. Do you think 1t 1s important to lock at the way 

Hispanic voters voted amd when the candidate they 

through the votes were successful? 

A. Absolutely, ves. 

@. Why did you do Exhibit EB-11 then” What does 

toc do with this case” 

‘A. Well, that simply shows the contests and the 

preferred 

suc cece 

rates for the candidates. Hispanic and Anglo candidates. 

GQ. Right. 

~ 
A. ANd 1t does not reflect the minority choice 1 nt that 

  

  

  

 



  

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Erischetto —- Cross — Hicks 1-168 

particular exhibit, what the minority choice is. 

3. Right. I am just asking you what this analysis has to 

do with anything in this case. given this testimony that 1is 

what the minority voters’ choice is that matters, not the 

candidate. 

. In fact. if we, what we usually find is that Hispanic 

candidates lose, and in this case we have an Hispanic 

candidate who is a winner, but we find that Hispanic 

candidate is not the choice of the minority community. So 

the actual win rate would be lower for Hispanic choices, 

+thhair candidates of choice. It woulc be one out of six, Or 

17 percent rather than IZ percent. 

al. Do vou think it is important in any sense to look at 

the race of the candidates in doing your analysis” Again, 

what I am pointing to in this is why you would even do 
° 

Exhibit 11. 

A. In fact. in fact we selected elections for analysis 

based on contests that involved the ethnicity of the 

candidate. Because that is the. the hypothesis that we have 

is that these election contests are likely tc be contests 

where Hispanic ang <~nal vo 

interest in the outcome, and so we look at those particular 

contests. 

Gg. You mean you think in the District -Judge elections in 

Besar County where there is an Hispanic candidate opposing 

  

  

 



  

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Brischetto — Cross - Hicks 3=1469% 

an Anglo candidate in the General Election that the voters 

are likely to have a particular interest in the ocutcome of 

that particular race? 

A. That 1s, that 1s our initial assumption that we make in 

selecting contests. The choice of those types of contest. 

n = 0 r
i
 minority versus Anglo contests. 1s something that 1 

without precedent in these type of cases. In fact, 1f we 

look at the record on 1t. and White versus White races are 

not the types of contests where we have, that tells us about 

whether or not minority voters have a chance of getting the 

candidate they support elected. 

a. is that a political scientist view? 

a. NG . That 1s actually taken from various cases which 

have analyzed these. For example. in the case cf Westwego. 

it was noted in the case of the Gretna. the Gretna case, and 

notice was made of Campos versus Baytown. a case which 1 
  

testified in. 

@. So you are following kind of a legal construct laid 

down in those cases” 

A. Hight. In those types of cases the evidence of support 

for White candidates in an all White field. & Wha 

White contest. tells us nothing about the minority 

candidates. and tells us nothing about the choice that the 

minority voters have of supporting a viable minority 

candidate. So we lock for those types of contests when we 

  

 



  

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Brischetto — Cross —- Hicks ; 3=170 

do our selections of races to be analyzed. Just briefly. 

the Campos. Westwego and Gretna all involve non-partisan 

elections: isn’t that correct? 

A. Yes, I believe those are city types of challenges to 

the at large election system. 

Q. Fartisanship wasn't even involved there: correct? 

A. I don't believe 1t was. 

GQ. Tell me what analyzing the Earrera—-5tolhandske race in 

Exhibit Z tells vou about minorities supporting, Hispanic 

voters in Bexar County supporting a viable Hispanic 

candidate. 

ri
 

A. In that particular race what we see that the choice of 

the minority voters was indeed not the Hispanic candidate. 

and in spite of that fact the two groups wars very polarized 

in their voting patters, in their choices. Soc in that case 

the preferred candidate was indeed the White candidate. 

Q. They just flat out didn’t support a viable Hispanic 

candidate there? 

A. That is. whether or not they saw them as a viable 

Hispanic candidate 1 don't know. But the minority voters’ 

or the Hispanic voters’ choice was indeed the White 

candidate. 

Cl. And again stepping back from what the law says. from 

vour expertise that vou are testifying about here. why would 

you choose a minority versus White, minority versus -— 

  

  

 



  

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Brischetto — Cross — Hicks I=171 

Hispanic versus Anglo race instead of an Anglo versus Anglo 

race in a partisan setting” 

a. 1 think that a minority versus Anglo race is really the 

proper standard to tell whether or not minority groups vote 

together cohesively in a cohesive manner for the minority 

candidate. That is my hypothesis. Ana I start with that in 

selecting the races. And this can only be done by examining 

elections when there was a minority candidate, so { looked 

at those elections. 

a. Then when your hypothesis turns out not to be so. vou 

A. I have to say that. I have to say that indeed the 

he candidate of rt
 candidate, minority candidate there was not 

choice of the minority voters. 

a. Why wouldn't the White on White race. where you have a 

White Democrat running for District Judge against a White 

Republican tell you just as much, because vou —— let me 

just, I assume you would agree with me that 1t is quite 

iikely in Bexar County say inn the ‘82 election that i1f there 

WAS a White on White race. one party versus the other party 

for District Judge. the voles would have 

the same, the Hispanics would have strongly supported. there 

would have been racially polarized vote: right? Hispanics 

who supported the Democrat and the Whites would have 

overwhelmingly supported the Fepublican. 

  

  
  

 



  

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EBrischetto —- Cross — Hicks 217s 

A. That may very well come out that way. I don't know 

that it would be as strong. thouah. 1 think that you have 

to say that minority voters, pespecially. I mean Hispanics 

and Hlacks, do tend to support Democratic candidates in 

partisan contests. There is no question about that. My 

question was whether or not minority voters had an equal 

opportunity to elect candidates cof their choice. 

a. You mean given the choice of the party they have? 

G. They have made. rather? 1 am sS0Orrv. 

A. 1 mean we could lock at primary contests too within the 

party and see, ask that same question. 

hat vou don't have to. or
 

G. You have said here 

A. In Bexar County I looked at general elections because 

we had, we had enough of them. In some of the counties I 

looked at primaries because we didn’t have general elections 

to look at, and there were indeed some contests in those 

primaries where Hispanics. where, 1 am sorry. the minority 

voters’ choices were essentially weeded out in the primary 

contests. Sc we could look at those. We still found there 

was pclarization. 

Q. 1 thought you testified earlier that the reason you 

didn't look at primary races here in Bexar County was 

because they didn’t work as a filter to keep minority 

candidates from getting to the general election? 

  

  

    

  

 



  

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Brischetto — Cross — Hicks 1-173 

A. They generally —— 

Q. I didn't understand you. and correct me 1f I am wrong. 

to be testifying that, well, I had enough races to analyze 

in general elections. therefore 1 didn't need to look at 

primaries. 

A. I alsc indicated that that was essentially why we 

looked at general elections, was because there were enough 

general elections where Hispanic candidates had run. had 

made it to the general election. either through not beinc 

contested. in most cases there were contests in the 

primaries that they made it past, but the fact is that the 

general electicn in Bexar County for the most part does turn 

he filter for the minority candidates. r
t
 out toc be 

GQ. it also turns cut toc be the filter in thie analysis. 

doesn't it, for Democratic. they don't make it? 

A. For what? 

G. Democratic candidates. 

A. For Democratic candidates? 

Ga. The general election races is as effective a filter for 

the Democratic candidates in races vou analyzed as 1t 1s for 

candidates of choice of Hispanic voters: is that corre 

A, IY gon th now, ] would have to look at the results on 

those contests where Whites win against Whites. 

Qa. I am just asking for races you analvzed. Let's go 

~ 

down, if vou will. Dao vou know the political partv of the 

  

  

  

 



    

Brischetto —- Cross — Hicks 

people that ran here? 

A. Yes, 1 think 1 do. 

Mr. Harrera was Republican; correct” Ang Mr. 

Stolhandske™ 

Tom Stolhandske. 

He might be offended”? 

Was Democrat. 

deigado was Democrat. Berchelman., Berxelman™ 

going toc get them all wrong. 

A. Berchelman was Republican. In fact, 

aces the first candidate listed. except 

the Democrat. 
‘ 

All right. And 1n each of those races, 

Mireles race, the Democrat lost; correct? 

A. That's right. 

Q. And so there is one race that you have analyzed here 

where the Democratic candidate won and there is one race 

here that you analyzed where the preferred candidate of 

Hispanic voters won, and that just happens to be the same 

race: correct? 

that ae 

l would like for vou to, if you'will, 1 ‘believe 

have got my notes correct when vou testified the racially 

polarized voting 1s when minority voters vote for one 

I   

  

  

  

 



  

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Rrischetto — Cross — Hicks 1-175 

candidate and the White majority is voting for a different 

candidate. How different does it have to be for there to be 

racially polarized voting, one vote either way? 

A. If the results come out differently. if the election 

were held just by that one group and the results were 

different, I define that as racially peclarized voting. Naw. 

certainly that is a definition which simply describes the 

cutcome of the election. We can talk about degrees of 

polarization and so forth, but that is the way by definition 

I and cthers like myself who have analvzed elections of this 

sport have defined substantive polarization. The results 

come out differently among the two groups. 

mn G. It would be, wouldn't it, in any election in which 

minority voters and White voters vote, a mere coincidence i 

under your definition it was not racially polarized voting: 

is that correct? They would have to vote exactly the same? 

A. No, no, No. NO. 1 am saying that if the —— no, that is 

not true at all. 

THE COURT: We have been here about two hours. so 

we will take about 10 or 15 minutes. While vou were taking 

your recess at lunch. when you all left for Junrch. There 3% 

a gentleman over here in our jail that has 4U comething., & 

40 some odd count indictment against him, and he was going 

to plead guilty. Incidentally, he is a lawyer, & defrocked 

lawyer from California. He was not satisfied with his Court 

    
  

 



  

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Brischetto —- Cross — Hicks i-174 

appointed counsel and thinks perhaps the IRS or somebody 

took advantage of him. And 1 am looking for a volunteer to 

represent him by Court appointment sc that we can start that 

trial on October the Fih. Sc vou ali get together, and 1 

vou can, come up with a sacrificial lamb. Utherwise., I am 

going to have to appoint Fat Hill to represent this 

gentleman. Thank vou very much. Stand in recess. 

{Brief recess.) 

(Open Court.) 

THE COURT: We have some of the funniest people 

dropping by. vou know. Wwe have got the District Attorney 

from Midland County. you know. We have had the great Jimmy 

Eanks., that great reporter present in the courtroom. We 

have not, we even had E. Brice Cunningham drop by in the 

aftterncon. 

Okay. Go ahead. Mr. Hicks. 

CROSS EXAMINATION (resumed) 

BY MR. HICKS: 

3. I would like to turn now still to B-2 of your exhibits. 

THE COURT: Did vou come up with = lawver. 

MR. HICED: Tama Slate lawyer. hey wont let me 

do those things. 

MR. RI08: We do public interest. Your Honor. 

MS. IFiil: Gut of town. 

MR... HICKS: Ms. McDonald 1s a private lawyer. 

  

  

  

 



  

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Brischetto — {roses — Hicks 1-177 

MS. McDONALD: I have three different engagements 

in October. l. don't see Fat in here. 

THE COLIN T: Fat was here. - 

BY MR. HICKS: 

G. I would like vou to. Dr. Brischetto, to look at B-2. 

What I want to ask vou about is —— first I would like to. 

this is in the context of B-2, what is White bloc voting 

under your definition™ 

A. White bloc voting is simply Whites voting together in a 

similar manner as & bloc. 

Qa. In what proportions” 

A. well, that. of course. varies. And the amount of White 

bloc voting that is necessary to effective, toc effectively 

defeat the minority’ choice is going ito vary depending on mn 

the size of the White bloc vote in that particular 

jurisdiction. Sometimes you need a larger White bloc vote 

to regularly defeat. sometimes you don't need as large a 

White bloc vote to regularly defeat the minority choice. So 

just as, if vou are asking me the question what is the size 

of a bloc that is necessary tc be. to constitute & legally 

gsignificant white bloc vote. then I think that would depend 

on the particular jurisdiction, the size of the White 

population. 

Q@. Still looking at Exhibit 2, looking at the Mireles- 

Howles race. comparing that with the BRarrera-Stolhandske 

  

 



  

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Brischetto — Cross —- Hicks 1-178 

race, I think you testified that Bowles was a Republican, 

was a Republican, Rarrera is a Republican. What explanation 

do you have for why BRarrera got 77 percent of the non- 

Hispanic vote and Mr. Bowles got 65 percent? 

A. You are asking me why? 

@. Yes. Does your statistical analysis tell you anything 

about that”? 

A. If vou are asking me —— 

tG. Why would the Hispanic Republican candidate get more 

White votes than the Anglo Republican candidate. if Whites 

vote as a bloc? 

A. If you are getting into the reason why it might verv 

well be the party of the candidate there. 

G. They are the same party as you testified earlier. 1 

believe. 

A. You are asking me why did Bowles get 65 percent of the 

White, of the non-Hispanic vote and why did Harrera get 77 

percent? 

Q. Really I am asking you —-— 
™ m Go. The difference hetween the tuo. is that what vou & 

Asking me~ 

a. I am asking you why, 1f your statistical analysis tells 

you anvthing about why an Hispanic Republican candidate 

would get a larger percentage of the non-Hispanic vote than 

an Anglo Hepublican candidate for the same tvpe of office. 

  

  

 



  

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5. ‘Hell, 

have not 1 

particular race 

and 77 

Q. You 

Gi. With 

a. You 

would call 

and the 

candidate 

percent. 

went through with Ms. 

first criteria was you 

you wanted to 

HBriechetto — Crosse — Hicks 

I can't answer the question because frankly 1 

ooked into those particular races to compare 

is a lot of factors that 

that might affect the difference between &5 

I frankly cannot explain that. 

went through —— 

the evidence that we have here. 

Finkeletelin kind of what 1 

your criteria for selection of races to lock at. 

wanted to find the minority 

versus an Anglo candidate. The second one was 

100k at Juciciael Digtrict Tourt races. 

A. Why for which of those? 

GQ. I am 

Just want 

A. Well, 

BG. Well. 

tells vou 

something 

what 

oe, AT 

the actual jurisdiction which is under, 

under consideration in this particular 

why I 

happens in those judicial 

much as possible 1 

look 

sorry. Why. that is a good point. Why did you 

to look at judicial District Court 

that ie the jurisdiction at trial 

I mean is there something in your 

that is what vou should look at, 

that other races savy that tells vou 

likertn, to look aft the voting in 

case. And that is 

ed for those first. 

  

  

  

 



  

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Brischetto - Cross - Hicks 1-180 

Q. And 1 take 1t you are doing that because you are trying 

to find out 1f there is White bloc sufficient to 

consistently defeat or usually defeat the minority voters’ 

candidate of choice in judicial races: is that what vou are 

analyzing here in Rexxar County and in other counties too? 

A. I am analyzing judicial races. yes. 

Q. Is that what vou are trving to find the answer to, when 

yOu express your opinion as you did to Ms. Finkelstein are 

you saving that there 1s White bicc voting sufficient to 

usually defeat minority candidates or the candidate of 

choice of minority voters in Hexar County at large elections 

or in Bexar County elections involving judicial districts 

A. Looking particularivssat Hexar County eiections 

involving judicial elections. ves. 

G. When you — I am sorry. I am trying to find out what 

YOU were expressing your opinion on. Was it on whether 

there is racially polarized voting and White bloc sufficient 

to usually defeat the preferred candidate of the minority 

voters inn Bexar County elections or in judicial district 

elections in Rexar County” 

AT I am particularily interested in iudicial distract 

elections in Bexar County. 

a. That is what vou have expressed your opinion on” 

A. Yes. 

a. Tell me what the San Antonio River Authority analysis 

  

    

 



  

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Brischetto — Cross —- Hicks i-1g3 

says about that. how does that have an influence on your 

opinion about racially polarized voting in judicial district 

races? 

A. That 1s actually what I might refer to as an exogenous 

election. 

THE COURT?» A what now? We have never had one of 

those in Ector Lounty. Of course we don’t have a river in 

Ector County. 

A. That may be why. Actually 1t is simply an election 

that 1s outside of the jurisdiction that is at issue here. 

which is the judicial district in Hexar County. The S5an 

Antonio River Authority elections, however. were held county 

wide in Bexar. and we did look at those elections held in 

Rexxar County. And many of the same voters that vote in 

those elections vote in these elections. although not 

exactly perhape the same voters. And the fact that they are 

not held on the same day. of course, makes them exogenous 

elections. But what I was deing was simply showing the fact 

m that racially polarized. thnically polarized voting is 

r 
indeed & fact of political or

d 

po
d 

Ja
a i Mm po
t 

o 

—- IX m war. County, it occurs 

in many tvpes of slections., And that ie another tvpe in 

which we found it. 

G. You mean the S.A.R.A. elections. and your analysis of 

them do say something about whether there 1s racially 

polarized voting in judicial district elections in Bexar 

  
  

  

 



  

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Brisechetto — Cross — Hicks 1-382 

County in the general elections or not? 

A. They tell us something about whether or not there is 

racially polarized voting generally in Bexar County. 

a. Bhat doee that have to do with judicial district races? 

r+
 

A. Well, it simply gives me some supportive evidence tha 

seems to corroborate my finding that racially polarized 

voting, ethnically polarized voting in this case, 1s 

occurring in Bexar County. 

a. Well. when you went through your hierarchy of races you 
= 

al. With Ms. Finkelstein. you mentioned judicial district 

races first. 

A. Yes. 

G. In the county that is at issue. Then vou mentioned 

County Court at Law races. 

A. Yes. 

@. Then the next thing that you mentioned was Justice of 

the Feace races. 

(a That's right. 

0, Ang then you aid in some counties vou looked at the 

primary races. 

A. 1 looked at Appellate Court races also. 

a. I am sorry, I missed that. Why did you go from looking 

at judicial District Court races to locking at the Ban 

 



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Brischetto — Cross — Hicks 1-184 

election. That's all. 

a. The king of races that tend to he issusless? 

A. They are, they may very well be, not have issues that 

are high profile issues. That could be. 

G. I wanted to turn to the hypothetical precinct exhibit 

that you have for the much discussed Arellano race. 1T I can 

find the exhibit number on that. I. 3m s0rry. E-12E. 

~ 
vitamin, doen tt it? 

BY MR. "HICKS: 

G. Have you found that, Dr. EBrischetto? 

Ao. Yes. 

a Republican Frimary race. isn't 1t7? 

Q. Tell me why vou did a hypothetical Hispanic district 

for this race? 

A. That 1s frankly a good question. I think that my 

anaivzed in my instructions were to do races which I had 

bivariate correlation analysis. and there were a couple of 

extra that were thrown in that the atteornevs instructed me 

to. or assistants. toc actual run. So I guess these were 

sort of 1cing on the cake as it were. I suppose. And I 

think that the Arellano race was thrown in simply because 

that was a case where here was an Hispanic running in a 

Republican Primary who was running against an Anglo who had 

already declared that he wasn't. did rnct want to be =a 

1 re C—p—— 

  
  

  
 



  
[LaSasel 1 § 

  

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Brischetto —- Cross — Hicks 1-185 

contender in this race. but the Anglo candidate loses, I 

mean the Hispanic loses nonetheless in this Republican 

was sort of an irony, 1 paw
 

0 L nm in in b
o
t
 

r
+
 Primary. One of the, 

guess. the outcome cof that one. 

BB. Looking at the third page of that exhibit where you 

list the precincts that are. 1 can't remember the 

percentages right now. Essentially they are the Hispanic 

precincts is that right” 

A. Yes. 

@. Does anything strike you about the vote levels in those 

precincts, is it high or low? 

A. Well, we are talking about very low. The zeroes. by 

the way, are — I think what happened is you combine 

precincts in the analysis in the actual primary. Whether 

those zeroes represent actual voters in those precincts or 

whether those precincts were combined with other precincts I 

am not sure. I would have to check the data set. But those 

were the precincts that fell within that area. And even the 

ones where there are vote totals they are very low. Few 

Hispanics, few voters that are voting in those precincts. 

Ql. Cn the fourth page. the hypothetical district 4 shows 

that White beat Arellano; is that right? 

A. Yes. 

Qa. You didn’t show percentages there like you did in the 

cther:; right? 

  
 



  TT FRX Yo 

  

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Brischetto — Cross — Hicks 1-186 

A. Right. I don't know why. 

11 THE COURT: While we are moving on. Ginger Rank 

father has come into the courtroom. He 1g hers, ard he oav 

me a little input at the recess. He suggested too that Fat 

Hill be appointed. 5c oo a 

MR. HICVS: Mavbe she should come up and do this. 

THE COLET She has already refused to do that 

Go ahead 

EY ME. HICFED: 

fl. I would like +o go through now the kind of underliving 

method vou used to do vour hivariate regression analysis 

data sources 

fa Yeo 

G You started with the 1280 census information: is that 

correct? 

A. “That's right. 

i. And what do vou do with the 1980 census information? 

A. Actually in Bexar County I used 1989, or I should say I 

used the registration data by precinct for each. appropriate 

to each election. Sc 1 did not use population data for my 

analysis of the regression. in the regression anziysics or 

homogenous precinct analysis for RBexar County. For “82 you 

used, 1s there a listing of registered Spanish surname 

voters? 

A. Yes. 

  

  

 



Brischetto — Cross — Hicks 

3. By -— 1 am sorry. 

A. I used a listing of registered voters by precinct. 

total voters and number of Spanish surnamed. and calcu 

the percent Spanish surname for each precinct. 

actually was done for me bv the Secretary of 

They produced such a report on at least   is every. about twice a vear. 

And you used that information along. 

is the dependent variable. You are running the percent of 

voters that are Hispanic in a particular precinct: right? 

Yes. 

You substitute for that Spanish surname registered 

4 

  
A. Right. surname of registered. 

G. The data is not really, as you run'a percent of voters, 

it 1s really Spanish surname voters but you kind of 

automatically change it to percent of voters”? 

A. That's right. 

Q. Do you think that uses your analysis at all”? 

A. Mo. Actually 1 took that into account and dig an extra 

analysis to see 1f th . ft percent 

the turnout rates would be different for different precincts 

of varving percent Spanish surname. And that method 

sometimes is called running double regressions. That 1s, 

you run 1t against percent Spanish surname of       
RE oe ms Ch ho re CF Sor ao ori Ce] be 

2,  



  

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Brischetto — Cross —- Hicks 1-188 

registered being the denominator, both for the X axis and 

the Y¥ axis. Run it on each of the candidates. and then 

solve the simultaneous equations which would estimate what 

the vote would be among registered voters and then adjusting 

for differences in turnout for different precincts among 

actual voters and come up with estimates for the voters. i 

did that. and essentially my results came out very similar 

nothat. But I would be glad to share with vou the results po
t 

. 

of that double regression analysis. 

a. Generally speaking when you say very similar analysis, 

A. Within a few points on the vote ectimates for each of 

the candidates, within a few points. 

Q. Now, when you run judicial races. and you run the 

percent of voters and you do substitution on registered 

voters, you also aren't taking into account I take it the 

fall off phenomenon? You are assuming that —— what is the 

turnout number you take? 

A. Well, no, you are taking the total voters .in that 

judicial contest. 

Q. Okay. 

A. So you are adjusting for differences in turnout among 

the precincts in this particular race. 

GQ. Now, in Bexar County did you take into account the way 

precincts had changed since 1988. 1 mean since 1780, or did 

  

  
  

 



  

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Brischetto — Cross - Hicks 1-139 

that not make any difference tc you since vou used 

registered voters” 

A. I did take that into account. 1t was automatically 

taken inte account by the fact that for each vear I analyzed 

registration by precinct for that year. And 1T there were 

precincts that were combined in that particular, in a 

precincts 

a match. pe
d 

yr
 

on
 rl
 

ex That 

1. When you said that KR sguared. which in the Barrera race 

would be .6&6, 1f the KR square is .46, 40 percent —— 

A. «54, right. 

GQ. l] can't multiply. 

A. 8 times 8. &4. 

G. 326 percent? F- = 

A. 36 percent. Okay. 

a. Is unexplained. 36 percent of what is unexplained? 

A. Okay. That is the, 36 percent of the variation in how 

people vote with regard to 

unexplained, after we have 

ethnic composition of the precinct. 

registered in the precinct 

‘QA. Does that mean things 

as an especially 

got in the paper. problem, 

A. Could be anvthing. I 

Paces A 

able Judge, 

these candidates 1s left 

taken into consideration the 

percent Hispanic of 

like the candidate was perceived 

marital the candidate had some 

that kind of thing” 

SUppase. 

  

  

  

  

 



  

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Hrischetto — Cross — Hicks 1-190 

G. All of the themes that influence elections generally is 

what 1s in that 3&6 percent field: right” 

A. Well, all I carn say is the only variation that we were 

able to account for here was. in that particular race. 64 

percent of 1t, which 1s the majority, about two thirds of 1t 

almost. by just knowing the ethnic composition of the 

precinct, And there 1s a lot of variations in voting that 

we don't discuss because we didn't look into other factors 

that might account for variations. 

especially after. particularly ins 

case, that is not damportant to loo 

a. That's 

@. Ey your lawyers? 

A. That's right. 

MR. HICKS: Thank you. 

another county. 

THE COURT: Al) right. 

right. #We will now go right up 1- 

M3. FINKELSTEIN: Before 

Honor. may I clear up a few things 

THE COURT: Oh, gid he 

Hear Lountv- 

Lode d Se : Znigth 3 Thin that w 

trvicted atiter 

13 thoeo n fu
 

Ri 1 in m in po
nd

 

M A 3 in ri
 "3 Ee mn
 ct
 

Fass the witness for 

else wa 

=a to Travis County. 

we make that trip. 

on redirect? 

confused on eave yan 

reasons td Frys 

YOu 

iL t : J 

_- a 

Your 

Some 

  
  

  

  

 



  

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3-15) 

matters”? 

MS. FINKELSTEIN: No. 

THE COURT: Sure. Gao ahead. 

REDIRECT EXAMINATION 

BY MS. FINKELSTEIN: 

0. Doctor. here in Texas in judicial elections we have 

run—offe in primaries; 

A. Yes. 

a. why 1s that? 

A. Well, 

the primary if 

Flection. 

i 

we require that you 

vou were going to move on 

~~ 
s that correct? 

: 
vote in get a majority of the 

to the LHerneral 

G. Do you have run-offs in the General Election” 

A. Nao, there 1s not & majority reguirement for General 

Election. The top vote getter wines. But I might say that 

since there is 

not generally something 

iniess each of them got 

only two parties 

which we would get a run-off in. 

votes or uniess an egual number of 

candidate that caused no 

a maicrity. The fact 1s that in most of the, in the primary 

rontmete there ara, There de a majority ran—-off regulirer 

and that is what I was referring to when 1 talked about ge 

enhancing factor 

dilution 

Mr. 

that tends 

Hicks solid oir oon 

to enhance minority vols 

in the majority run-off .requiremert. 

3 

  

  

  

 



  

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Flainti 

Hevar 

the Dis 

Fic! FEE 

rates Ff 

fn Ye 

N 

Do
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Brischettc —- Redirect - Firkelstein 1-192 

ffs' Exhibit B-11, which looks ai the sucrress rate in 

cunty of Hispanic cerdidate=s in General Elections for 

trlot Court wsanch bh did ou do that exnibit? 

ich one =zgain? Oh, the one where there was the win 

orminority candidates? 

tu=lly 1+ was addressing sort of just another fTactor 

  

that was brought up in one of the factors that 1s. 1s part 

of the Zimmer versus Mckeachin factors list that the Senate 

Subcommittee identified in their. in their hearings and with 

regard 

Q. 

homcaen 

1988 C= 

against 

Thank vou. 

to the Voting Rights Act Section 

y Yrs NT Your analvesis, Yo 

ous precinct analwsis in Bexar County reviewed the 

-— 3 YT ga g— Fy 3 — — py fa | ng " —-— 

Neral ac Eel TI00) 3n silicon a. Caencdicalte sper le Han 

a candidate names Serrata. 

the ethnicity of Judge Specia”? 

A. Yes. Specia is italian. Anglo. 

a. And Serrata is”? 

A. ic Hispanic. 

3. CDEav. Mr. Hicks asked you a few guesticns zoocuit the 

cata hbase. gitet ito clear that up, what nerce ge of fnal 

precinc 

A. I 

ts in Bexar County dic 

YOu . 

  

    
 



  

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Brischetto — Redirect - Finkelstein 1-193 

DIRECT EXAMINATION (continued) 

BY MS. FINKELSTEIN: 

. ©Bince Mr. Hicks has no further questions let's go on to 

Travis County, which is in exhibit book 2. I guess, let's 

start with Flaintiffs’® Exhibit TR-0O1. 

Your Honor. just tor vour information we are 

proceeding only on behalf of Hispanics 1m this county. 

3 Okay. 

G. What can we. what information that 1s relevant to thas 

case can we draw from TR-01 

Fo. In TR-C1 1t. 1t 1s simply a Travis County profile that 

gives a population data for the county, 1980. broken down 

by. that should be Spanish origin. not Spanish surname. Hy 

1]
 Spanish origin population and Black population, and then 

combined minority. It 1s 17 percent Spanish origin. 11 

percent Rlack, and for the total voting age population. that 

is 18 plus population, Spanish origin is 14 percent, Blacks 

? percent. 

GQ. And how many Judges do we have. District Court Judges 

do we have in this county? 

‘A. There are 123 that are elected in Travis County. 

GB. Let's move on to Plaintiffs® Exhibit TR-Z. 

A. Yes. 

a. How gig vow decide which elections to look at inn Travis 

    
  

  

 



  

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 Brischettc — Direct —- Finkelstein le 

County? 

A. There were no General Elections in which Hispanics had 

run against Anglos in the District Court system. There was 

one primary where an Hispanic had run. Here we are talking 

about Hispanics versus Anglos. Sc 1 locked for Hispanic 

versus Anglo races and 1 included that one. that was in the 

District Court No. 3485. There were ailiso 

County Courte., I looked for county wide races alsc that were 

ioccal races and found County Courts at Law races, two of 

3 
hese would be listed 

Ts 
them in 1588 Democratic Frimarv. i 

there as Garcis versus Phil e and Castro versus Kennedy 5 
' 

2 

and Hughes in which Hispanics ran. And those were the races 

J n il J = r
t
 

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ed

 

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i
 

ig
 

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od 

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i. By 1 county wide races do vou mean local county fo
ed
 

# I pi]
 

wide judicial races”? 

A. Yes. These were judicial races. and that is what I was 

locking for. judicial races. 

@. Could you please describe briefly for us the data that 

you used in this analysis? 

A. The data were population data from 1980 byiprecinct 

that were configured to the precinct boundaries for 1988 by 

the county elections administrator. And, of course. the 

election data themselves. 

Q. What do you mean by configured to the 1988 precinct 

boundaries”? 

    

  

 



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Brischetto — Direct —- Finkel 

they had hired a consultant to 

to add up the census data by precinct bou 

particular, for sach particular vear of 1 

a. Had the boundaries changed and that 

reconfiguration is necessary”? 

They were changed from ‘80 to 

a. And Just briefly, why did vou use po 

A. Well, I interested in population Was 

since I wanted toc look at Hispanic versus 

case separating cut the effects of Black 

is in this election Elacks are about more 

of the Hispanic population. about 70 perc 

the population, about almost 11 percent H 

wanted to separate out the effects of His 

in the analysis. And so 1 used populatio 

those were the only data in which Blacks 

could get information by precinct on Elac 

get information on registered Rlack voter 

G. All right. What method did vou use 

three races 1m Travis County? 

A. I used = regresceion analveis that is 

Fegression analysis 

percent Hispanic and percent Black and An 

analysis. So that we can separate out th 

a. Okav. Hefore 1 forget it. could vou 

because 1t takes into 

stein 1-185 

actually go in and 

ndaries for that 

Nn this case 1938. 

is why the 

"ge. 

pulation data”? 

data. 

Anglo. in this 

voting. The 

than half 

ent Hispanics in 

lacks. ang. 1° 

panics, of 

n data. 

were indeed. we 

ke. We couid not 

s by precinct. 

to analyze these 

consideration boih 

glc in the 

e three groups. 

  

  

 



  

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Brischetto — Direct - Finkelstein 1-196 

what 1s the lowest R squared that you find. that vou could 

take from this table? 

_ In this case 1t was .71 in the County Court at Law. 

Garcia versus Phillips. Hetween, and this 1c a partial KK, 

there 1s a correlation between percent Hispanic in the 

precinct and the vote for the Hispanic candidate. In cther 

words, we explained 71 percent of the variation at least in 

our analyses in this County. 

Qi. All right. Looking at these three elections. can you 

come toc a conclusion about whether the Hispanic community in 

Travis County votes cohesively in local judicial election 

Gl. What 1s your conclusion? 

A. That Hispanics do vote cohesively. 

@. Can you come to any conclusion about whether in Travis 

County in these primary elections the Anglo majority vote 

sufficiently as a bloc to enable, to generally to keep 

Hispanic communities from their preferred candidate? 

Fo. Yes. in each case we see that the Hispanic c 

lose and that the Anglo bloc vote. wraich was sufficaier 

large to defeat the Hispanic choice. 

Q. And alsc can you come tec a conclusion about whether n 

there 1c polarization along ethnic lines in Travis County in 

these elections. 

  

  

 



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Brischetto — Direct - Finkelstein 1-3%7 

Q. Indeed there is polarization along ethnic lines between 

Hispanics and Anglos. and we can see that in both the 

correlations as well as the estimates for the vote. for 

each of the candidates by Hispanics and Anglos. 

TR— 
G Okay. Let's move on 10 Plaintiffs’ Exhibit TR-3. 

A. Okay - Go ahead. Which one? 

in ri
 

- J
a
s
 

n 
) 

Be No. TR-=03. Ang what 1 

in DY}
 Fo. This 1s an equity chart for Travie County that ag 

lcoks at the District Court elections in which Hispanics ran 

against Angles. and in each of these cases from 198% to 198% 

we can see the number of Hispanic Judges and the percent. 

and we can look at the percent Hispanic in the population. 

Gi. And what conclusion did vou draw from this eguity 

A. This is. I must say that in each case we are not 

necessarily. 1 think I mis—spoke. When we talk about 

Hispanic Judges here. these are actual sitting Judges. That 

is, Judges who were —— I am sorry, elected in each of those 

years. The question of whether or not they went up against 

an Angle in those contests 1s riot addressed here. in this 

Cease we unt at ‘the number of Judges in each veal that are 

Hispanic and the tctal Judges and compute the percent and 

compare that with the Hispanic percentage in the population 

and we come up with an equity measure which in each year 1s 

negative. about negative 10 percent except in 198% it is up 

  

  
  

 



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Brischette — Direct —- Finkelstein 1-138 

to 17. negative 17 percent. 

Q. And what conclusion did vou draw from this negative 

equity source? 

A. Simply that Hispanics are represented among the 

judiciary in the District elections, District Courts. at a 

lower percentage than they are in the population in each 

vear. 

3. Under—-represented? 

a. That would be a form of under-representation. yes. 

Q. And let's move —— 

THE COURT: No representation I guess 1s 

unrepresentation? 

A. No representation in "8%. 

BY MB. FINKELGTE IN: 

G. Would you look with me at Exhibit TR. Flaintiffs’ 

Exhibit TKR-04, and can you @xriain what this is? 

A. This 1s an attempt to draw what we call Gingles 1 

districts, and I might say is a successful attempt. Here is 

an attempt to draw a district which would be the approximate 

size that we would want in Travis County. which in that case 

would be one out of thirteen districts. And the top part of 

it shows the total population breakdown for census tracts in 

that district and the total. which 1s 65 percent. And then 

for voting age population, the percent Hispanic is shown at 

the lower half of the page. which 1s 598 percent. So we can 

  

  

  

 



  

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Brischettoc — Direct - Finkelstean 1-399 

indeed. we do find the majority group. the minority group 

here is Hispanics. sufficiently large and geographically 

compact to make up a majority in a single member district. 

G. What ie the map that follows directly after that chart 

that you were just reading from? 

A. That 1s an outline of that district. 

f. Oray. -dhat is Plaintiffs Exhibit TR—-OB37 

A. Those are lust simply maps, color coded census tract 

maps that shows the ethnicity of the Black areas, S50 percent 

or more Black, the 50 percent or more Spanish origin there, 

and the 80 percent or more White areas. Combined - 

minorities, 75 percent or mare. 

HG. Dkay. Ang let's go on to Plaintiffs’ Exhibit TR! 

A. I think that Exhibit TR-0S was put in for descriptive 

purposes tc show where the minority is. TR-0B 1s a list of 

the incumbent Judges, the 13 Judges that now sit on the 

bench in District Courts in Travis County. It shows their 

voting precinct that they vote in, their home precinct; 1t 

shows their race or ethnicity. In all cases they are White. 

non-Hispanic. There are nc Hispanic Judges. there are no 

«GG. And 1s this column of numbers in the left-hand. at tne 

left-hand side of the page the code to the next exhibit? 

A. Yes We just gave a code to each of the Judges which 

we use in the next exhibit, 

  

  

  

 



  

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A. The next Exhibit TR-09 1s the map of 

It is incumbent Judges. 

G. And what conclusion can you draw Trom 

A. It 1 clear from that that the Judges 

the minority area. It might indicate. one 

there i= somewhat of an alienation be 

ot
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county where there 1s this ki 

(where the Judges live and the area where the Hispanics live 

AR. Yes, 1 think — 

1]
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1] 

be
t 

b n 4 3 n IZ m erhibite To inc luds 

When counsel asks are all the county maps   

then plots the particular precinct in which 

GB. Would you come to that same conclusion 

as this one. do you intend to inciude Haris 

M5. FINKELSTEIN: I was just aski 

Briechettco — Direct —- Finkelstein X-200 

G4. And what is Exhibit, Plaintiffs’ Exhibit TR-097 

Travis County 

which outlines the 30 percent or more Hispanic areas. and 

the minority 

community and the Judge. judicial system there. 

generally in any 

of distance between the 

residences of the. or differentiation between the areas 

MR. CLEMENTS: Excuse me just a moment. Your 

Honor, 1 guesses 1 am asking for clarification to determine 

whether to object. It has been represented to us that Mr. 

Brischetto is not testifying with respect to Harris County. 

We have the dispute tc be resolved about some of the 

; ; - po 
TO Marylee Luan 

similarly purposed 

of his experience as a sccial scientist generally would he 

  

  

  

 



  

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Briechettc — Direct — Finkelstein 1-20 

say he found a residential, residentially desperate pattern 

like that. would he reach the same conclusion. 

MR. CLEMENTS: Was Harris County included in the 

guestion” 

MS. FINKELSTEIN: I wasn't intending to ask 

anything specific about Harris County. 

MR. CLEMENTS: As long as it is understood this 

witness is not testifying —— 

THE COURT: He 1s testifying about Travis County. 

MR. GODEEY: Your Honor. on behalf of Dallas 

County can we have the same understanding as well?” 

THE COURT: Okay. 

Ey MS. FINKELSTEIN: 

GB. What ig Flaintiffs’' Exhibit 107 

A. No. TR-10 is a similar sort of map of Travis County 

which describes 50 percent or more minority population. 

That would be combined Black plus Hispanic area, and plots 

the residences of the incumbent Judges with regard to that 

area. 

Q. And what conclusion would vou draw from this mac” 

A. Well. in this case minoritv,., the Judges do not live in 

the minority area, none of them. 1 nave to say that that is 

the conclusion that we would derive at similar to that TR- 

0%. 

Q. Would you please look at Flaintiffs® Exbibit 

  

  
 



  

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Brischetto — Direct —- Finkelstein 1-207 

A. Yes. 

a. Which ie entitled Surcess Rates — Contested Elections. 

What does this exhibit show us? 

A. This 1s the one contest in which an Hispanic actually 

went up against a non-Hispanic in a District Court election. 

from the years all the way from ‘78 to ‘8B, only one such 

head on head contest between Hispanic and Anglo in the 

District Court system elections, And 1t shows simply the 

L 
gutcome of that election for the 345th District Court, it 

was an Anglo winner. The fact 1s the minority candidates 

are not running in those contests. and we only have one 

contest "inawhich it oorurs. 

G. Okay. Would you please look at Flaintiffs’' Exhibit TR- 

A. Yes. 

B. And what is this? 

A. These are the minority candidates from 1978 to present 

in contested elections. the actual results in —— 

a. I am sorry. doctor. I think you are not looking at the 

exhibit. 

A. Not looking at the right exhibit? Which exhibit? 

G. Exhibit 12, hypothetical districts. 

A. Exhibit 12 1s a hypothetical. these are hypothetical 

Hispanic districts. in this case a particular district 

which can be drawn that 1s predominantly Hispanic. and it 

  

  

  

 



  

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Brischetto — Direct - Finkelstein 1-20 

replays the results of the contests between McGown and 

Gallardo. which was the 345th District Court contest. the 

one where 1 said there was an Hispanic against an Anglo 

contest over the ten year period. And 1t shows that the 

contest. while Mcbhown. the White Anglo candidate won over 

all the county, in that particular hypothetical distract 

that might be drawn. Gallardo would have won with 64 percent 

cf the vote. 

GQ. Did you analyze. in this hypothetical district analysis 

did vou analyze the same three races that you analyzed in 

your regression analysis? 

A) A. Yes. 1 did. iI analvzed that race. County Court place 1 

for the Frimary in ‘1988. and the 7th Court in the March 

1988. Frimary. 

@. Looking at the McGown versus BGallardo race, the first 

one, does that lead you to any conclusions about whether 

the Hispanic community in Travis County voted cohesively? 

A. Yes. I think it is clear that they were behind 

Gallardo. 

Gi. And does 1t lead you to any conclusions about whether 

4,
 the Anglc malority bloc vote was sufficiently large t 

defeat the minority preferred candidate? 

A. Yes. In the county wide election that was held the 

Anglo bloc was sufficiently large to defeat the minority 

candidate, 

  

  

  

 



  

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Brischetto — Direct — Finkelstein 1-204 

@. The same thing in your hypothetical district for the 

Fhillips versus Garcia race? 

0 a. In the Phillips versus Barcia race. which was 

Democratic Primary contest. the County Court place 1 also, 

we alsa found that the county wide results were different 

from the district results. In county wide Phillips. the 

White won and in the Hispanic district. Gallardo would have 

won by 6B percent of the vote. 

G. How about the Castro-kKennedy-Hughes analysis? 

A. Yes. In this analysis we have a three way contest in 

the Democratic Primary between Castro—-Kennedy. who 1s Hlack, 

who 1s White. In this case. in the Hispanic district the 

vote, at least the plurality of the vote. goes toc Castro in 

that district whereas the county wide. Castro only got Zi 

percent of the vote, he lost. 

a. Okay. Let's move on to Flaintiffs’ Exhibit TR—-13. 

A. Yes. 

a. Does this. which is the socioeconomic profile, does 

this four page exhibit lead vou to any conclusions about 

whether or not Hispanics in Travis County now presently 

suffer the effects of past discrimination” 

A. Yes. I think we can see in each of these tables that 

show the distribution of each of the minority, each cf the 

groups of racial and Hispanic groups. with regard to 

education, income, occupations and poverty status that there 

  

  
  

  
 



  

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Brischetto — Direct — Finkelstein 1-208 

are substantial differences between Hispanics and Anglos on 

each of these indicators on soccioceconomic status. This 

would indicate to me that there 1s indeed stratification 

that falls along ethnic limes in Travis County. and that 

this stratification may very well be one of the Tactors 

which contributes to a conclusion. We conclude that indeed 

this is a reflection of perhaps discrimination, perhaps 

present discrimination, and may very well also be an 

indication of the fact that Hispanics are less likely to 

participate fully and effectively in the electoral system in 

Travis Countv. 

a. Okay. Let's move on to Flaintiffs' Exhibit TR-14. 

A. Yes. please. 

G. Bray. And could you describe this briefly? 

A. This is a voter registration profile for Travis County. 

And 1t gives a breakdown. For 1987 1 might note, Your 

Honor, although the date may have —— 1 corrected that 

exhibit. I don't know if it is there in vours or not, but 

the registration profiles for 1987, and comparing the 

population in 1987. particularly the voting age population. 

with registration for Mexican American or Spanish surname 

voters and others. or non—5Spanish surname voters. 

Q. What conclusion does this lead vou to about the 

registration of Mexican Americans in Travis County? 

A. They are quite a bit lower. 38.3 percent of the voting 

  

  

  
  

 



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Brischetto — Direct —- Finkelstein 11-2046 

age Hispanics are registered compared to 72.7 percent for 

non—Hisepanics that are of voting age that are registered. 

It shows that Mexican American voters are registered at a 

lot, toc a lot lesser extent than non-Hispanic voters. 

Q. I think just one more question. doctor. about Travis 

County. Are you familiar with the Overton case? 

A. I am. 

a. Do you know. did 1t make amy findings about political 

cohesiveness among Hispanics in Travis County? 

A. Yes. I think in that particular case —— 

MR. HICKS: Your Honor. I object to this 

testimony. It seems to me that you carn read the opinion. 

THE COURT: 1 did. 

MR. HICKS: I don"t know if Dr. Brischetto needs 

to tell you what it said. if you read it. 

MS. FINKELSTEIN: Judge. let me remind you then 

that it found Mexican Americans were politically cohesive 

among themselves. although not when combined with Rlacks. I 

pass the witness. 

CROSS EXAMINATION (continued) 

GQ. Dr. Brischetto. it isn’t clear to me what your opinion 

is about judicial district races in Travis County. based on 

vour analysis. Are you saying that there 1s White bloc 

voting sufficient to usually defeat the preferred cancidate     

  

  

    

  

 



  

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Brischetto — Cross —- Hicks 1-207 

of minority voters in all judicial district races? Of 

Hispanics in all judicial district races”? 

A. I have analyzed one particular judicial District Court 

race. That 1s the only one over the last ten vears where an 

Hispanic ran against an Anglo, and my conclusion is based on 

that race and on the races for the County Court at Law which 

are other judicial races held county wide in Travis. 

a. It 1en't ciear tc me. though, are you talking about 

whether there 1s White bloc voting? 1 won't go through the 

whole statement of 1t. but whether there is White bloc 

voting that defeats minority preferences in the Democratic 

Frimary or the General Election? 

A. In this particular case we are talking about. my 

analysis was to Primaries, Democratic Frimaries. 

Gi. You have no opinion about the General Elections” 

A. No. i think that we would expect that the same pattern 

would hold up in General Elections as held up in the 

Frimaries. In this case the contest. though, that was 

really the particular test in Travis County was the 

Frimaries. 

# Q. What would lead vou toc eqspect the pattern would hold u 

in the General Election? 

A. Well. simply the fact that there was a general, 

generally strong pattern of polarized voting when you lcok 

at Hispanic and Anglo voters. I don't have in this 

  

  

 



  

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Brischetto — Cross —- Hicks 1-208 

particular analysis any contests of judicial elections in 

the General Election to analyze. Hut my conclusions about 

the Frimary were probably. since these are the. in this case 

particularly none of them made it past the Primary. or the 

ones that I analyzed in which I drew my conclusion on. 1 

think that my conclusion holds to polarized voting in 

judicial elections in Travis County in general. 

@. Weil. 1s 1t your testimony that in general in Texas the 

cutcome 1m a county of a Frimary Election, in terms of 

whether there is White bloc voting, is an indicator to you 

of whether the General Election in that county for judicial 

races there is going tc be polarized voting? 

Fi. well. again I'don’t have any contests in the general 

with which to test that hypothesis. But that 1s simply my 

hypothesis at this point. and until we get minority 

candidates running in those contests in the General 

Elections. making it past the Primary to run in the General. 

I don't think we are going to be adequately able to test 

that hypothesis by General Elections. 

a. Are vou saying then that vou don’t have an opinion a 

you dont know about what, about —— 

A. what I indicated was 1 expect that that pattern wcuid 

hold up in General Elections 1f they would run. but thev 

were not. So my opinion is about racially polarized voting 

in Travis County elections. and these particular elections 

  

  

  

 



  

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HBrischetto — Cross — Hicks 1-208 

we are talking about Frimary Elections. Democratic Primary. 

@. You are talking about Travis County elections for 

judicial office, or Travis County — 

Yes. Tr
 

G. In Travis County for District Court”? 

A. No. I was analyzing judicial elections, and in this 

case my first choice was to look at the District Court 

contests in which Hlacks and Whites. 1 am sorry. in which 

Hispanics and Whites ran against each other and there was 

only. there were no General Elections in which we found such 

contests. There was one FPrimary. so I analyzed that. Then 

I looked for other judicial elections, and in this case I 

found county. two County Courts at Law and these elections 

were held county wide. They were also judicial elections. 

albeit not District Court elections. And so I analyzed 

those elections which would give me some indication again 

about whether or not there was a pattern of voting here in 

judicial elections which would lead me to the conclusion 

that there 1s polarized voting in Travis County judicial 

elections. 

a. You are aware. aren t vou. that there were judicial 

elections in which an Hispanic candidate was opposed to an 

Anglo candidate in both the Democratic Frimary and in the 

General Elections in 1986 and 1988, aren't vou. involving 

the State Supreme Court. involving the Court of Criminal 

  

  

 



  

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Brischetto — Cross - Hicks 1-210 

Appeals? 

A. Yes, but — 

a. You didn't look at those. you looked at those in other 

counties, didn't you? 

A. I Was, we actually set up a hierarchy of elections to 

choose. And before we went on toc Appeliate Court selections 

we looked at local elections. That 1s. elections that were 

held within the county. Travis County. The idea was those 

would be closest to simulating the District Court elections. 

which were alsc local elections county wide. And so that 

those types of elections were analyzed first. Once we had 

ufficient pattern in three such elections we Telit there was a 

EF] 

established and we could draw an opinion. I could draw an 

agpinion from that pattern. 

G. Let's assume that in the 1986 Democratic Primary which 

Justice Raul Gonzales ran, and in the 1988 Democratic 

Frimary where State Supreme Court. in which Justice Raul 

Gonzales ran, just assume that there is, results in Travis 

County of that race reveal no racially polarized voting or 

more appropriately reveal Whites did not vote sufficiently 

-— 

ar as the outcome 1 Travis bt
 as a bloc to defeat nim 1inso 

County 1s concerned. Just assume that. Would that chanae 

your opinion about whether. that you have reached about the 

Democratic Primary in Travie County insofar as judicial 

elections are concerned? 

  

  
 



  

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Brischetto — Cross — Hicks 1-211 

A. Probably not, because 1 found a sufficient pattern here 

from just local county elections to be able to say that 

there is indeed racially polarized voting in Travis County. 

GG. What 1s your standard for stopping in the analysis? 

A. I was using about the same standard that the expert in 

the Gingles case used. getting three elections in which, 1n 

each particular jurisdiction. or in this case the county 

that we are iooking at. and I wanted to see 1f we could find 

that pattern in at ieast three jurisdictions. three races. 

a. Is 1t your opinion that the analysis of those other 

races, the Supreme Court races, the races insofar as the 

outcome in Travie County are concerned are irrelevant and 

useless in trving to decide if there is racially polarized 

voting in judicial elections in Travis County? 

A. I don't think they are useless. I think one could 

indeed analyze all of the elections where Hispanics had run 

in judicial elections and get an overall picture, and indeed 

I would not have any problem with that. 1 think that in 

some cases 1 did analyze those Appellate races where we had 

no information. no races which were local. But the priority 

that we set was toc lcok at those that were closest an 

nature. nature of the contest, to the judicial district 

election. And those would be local county races. 

G. Well, in the Travis County study that you did you said 

I believe that vou didn't have any Beneral Elections to 

  

  

  

 



  

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ry 5 Brischetto — Cross - Hicks 3212 

analyze, and you did in fact have some General Elections, 

not judicial races. in which Anglo candidates opposed 

Hispanic candidates. and vet you didn't analyze them. wWhy™ 

A I didn't have any local elections. 

Q. Hut that didn't stop you in these other counties? 

pd
 

A. The other counties 1 analyzed General Elections when 

had no local Frimariese to analyze. 

a. Did vou analyze them when you had no local elections to 

A. If I had no local General Elections also. 

Gi. You don't have anv iocal General Elections in Travis 

County. why didn't vou analyze the Justice Gonzales race and 

why didn’t you analyze the George Martinez race in the Court 

of Criminal Appeals? 2 

A. 1. certainly —— 

Q. I am sorry. you wouldn't have analyzed his. The 

Justice Gonzales race? 

A. There 1s certainly no reason other than we wanted to 

look at local elections first that were similar. The 

feeling in Travie County was indeed those local elections 

apparently were the important filter for Hispanics. that 

there were none that made i1t beyond the local to the General 

in District Court elections. 

G. what specifically can you tell me that you know about 

these races other than the information vou ran through vour 

  

  

  

 



  

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Brischetto — Cross - Hicks 1-213 

computer that tells you that this 1s where vou can stop”? 

A. When I found a pattern in three races 1 stopped. I can 

stop at that point and feel comfortable about drawing a 

conclusions that we do have racially polarized voting. Or 

cohesive voting among Hispanics or bloc voting among Whites. 

a. That is your opinion about the Fraimary. correct. the op
 

Democratic Frimary? 

Fi. In this case it was the Frimaries. ves. 

a. And 1t seems as though you said that i1t 1s aiso your 

opinion about the General Election. 

A. What I said was 1 think we could expect that the same 

sort of pattern would hold up with regard to General 

Eiections? 

G. And what 1 or trying ted say 1s why didn't vou test that 

hypothesis with a race that was available to you” 

A. Well, I was simply instructed to do the. follow the 

criteria that we had set up. When we had a sufficient 

number to draw a pattern, to stop there. We could, 1 

suppose. have analyzed, vou know, many different races. but 

if we found a pattern. that was sufficient. 

asking what pattern vou found about the enerai fr L] Hoe
s 0 =~ in
 

Election”? 

a8. I gic ngt —— 

G. That is what 1 am focusing on at this point. 

Fo. I did not analvze General Elections because those are 

  
  

 



  

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Brischetto — Cross - Hicks 1-214 

not elections in which the Hispanics had run in the District 

Court level. 

a. iI may be beating a dead horse. Let me beat it one more 

time. You analyzed no General Election races in 

County? 

A. ‘That's right. 

Qa. Involving judicial races” 

A. That's right. 

G. In other counties vou analvzed General Elections, 

judicial races. and in fact you analyzed the Justice 

Gonzales races? 

AR. That's right. 

Q. Why didn't you analyze the Justice Gonzales insofar as 

Travis County is concerned in the General Elections. and as 

far as that goes in the Democratic Frimaries of Travis 

County? 

A. I would be glad to analyze it 1f you give me some time 

and the data. The fact is. the fact is when we found a 

pattern following our priority of selection. in those other 

counties we did not have local races, either Fraimaries or 

Generals. that we could ansivre ihat wonilc be county wide 

that would allow us to. tc co that sort o 

this county we did have. and in thie county 1t seemed that 

if the Democratic Frimary was indeed the Tilter that was 

un TO preventing Hispanics from going on to the General. ANG 

  

  
 



  

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Erischetto — Cross — Hicks 1-218 

we stayed with the Frimary Elections. 

Qa. Now. vou locked at the hypothetical district in the 

analysis that you ran. the hypothetical district exhibit 

J 
with the McGown-Gallardo race. Every time 1 have discussed 

these I can't find the exhibits. That is Exhibit TR-=1Z. 

Did I understand vou correctly to say that looking at TR-12Z. 

what you have set forth there. 1t 1s vour opinion that 

whites vote sufficiently as a biocc. that helps you determine 

that Whites vote sufficiently as a bloc so as to defeat the 

minority candidates. preferred candidates of the minority 

voters? 

A. Well. we are looking first of all at the outcome county 

wide. which 1s noted in the bottom note to each of those 

hypothetical districts analvses. And we are comparing that 

with what the outcome might have been, you know, in a 

hypothetical district. And we can see 1f the outcome would 

be different. 

G. vihat does that —-— i am sorry for interrupting vou. 

Fie Ard 1 the cutcome indeecs xs different in thas 

mypothetical district, which 1s predominantly an Hispanic 

pe
d district, the Hispanic choice loses county wide. The reason 

for that loss is. it 1s to be inferred. 1s simply that the 

White majority vote did sufficientiyv as a bloc to defeat the 

  

  

    
  

 



    

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Brischetto — Cross — Hicks 1-216 

minority’ s preferred candidate. 

a. I am not sure 1 follow the logic completely. If it 

mn appears — well, it 1 sO, you can add it 1f you want to 

check. the hypothetical district there has 4.832 votes in 1t 

that were cast, and it looks like the number of votes cast 

in that race were around 30. 1 am sorry, 66.000. a little 

aver 66,000. How does —— how does what appears to be say 10 

percent of the vote tell you something about the county wide 

A. Well, it tells you something about what might have 

sub-part of that county. had we 11
 happened in a district. 

had a district. it tells you what actually happened in the 

county and we simply compare the two of those. That is as 

simple as that. 

Gi. Looking at TR-01, that is the Travis County profile. 

this is 1 take it the basic information you worked from to 

get whatever substitute you had on the X axis to run the 

regression analysis for percent of voters: is that right? 

Start with the 1980 census population. 

A. Let me see if I understand your question. 

0. Once again. ini Caner County you teetaified that youl used 

the Secretary of State = Spanish surname voter list to get 

registered voters. 

R.:"That'€ right. 

fi. Here in Travis County you set up your regression 

ET TR TE ETAT I 

  
  

  

  

 



  EA to ere EL Ni Cn a Ae SN itr 
S308 Da - % 

  

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Brischetto — Cross — Hicks I-22 

analysis using a different data set. 

A. That's right. 

G. You basically used population”? 

A. That gs raght. 

Gl. #What '] "am trying to figure out is how you got “from the 

1980 census information on population to the percent of 

voters that are Hispanics in a precinct when vou begin to 

IIE Ry rest rnd i Jr = 4 ; : 4 s+ he Lm Fan bo mele work through thas. You started with the 1230 census: 

A. That's right. 

i 4 And you analvzed the 1988 races. did you increase the 

population for Travis County based on some demographic data 

you had” 

A. NG, no. As I understand. this was not done by me. it 

was done by the Travis County elections office or a 

consultant that they hired to do it. And while 1 don't know 

every detail about how they went about this. my 

understanding is that they used the 1980 census data. and 

represented and gave the totals for the configurations of 

the precincts for that particular year. So that however the 

t year they gave the it precincts were configured in th 

population. 

a. Of that year do you mean ‘80 or 887 

A. I think they gave "80 population, unless I am wrong. 1 

mean it 1s possible they updated it. but their estimates 

  

  

  

 



  

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Brischetto — Cross — Hicks 1-218 

were population by precinct. And as 1 recall they were 

using the 19280 populations. 

G. You meant they used that in 1988. using the precinct 

configuration that was in effect in Travie County in 19387 

A. That's right. 

4G. How 1s that? 

Ae. My understanding. 

Gi. You are familiar with generally how those things are 

done, aren't you? 

A. Yes. 

GG. What do people do? 

A. Generally they would overlay the census tract map for 

1980 with the precinct map for 1988 ar whatever vear they 

were interested in configuring population. population by 

precincts. And this overlay would allow vou to add together 

the elements. In these cases it would probably be city 

blocks of each precinct for that particular year, and you 

would actually get the population by current precinct 

boundaries, 17980 population by 1988 precinct boundaries. 

Q. For instance if in 1980 under the census population a 

particular precinct had ¥X population and X divided by 

whatever for the various ethnic groups. Black. Hispanic. 

White, the assumption is that the same population 

proportions remained in effect all the way through: correct 

That 1s, if there were 10 percent Hispanic and Z percent 

  

  

  
  

 



  

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Brischetto —- Cross —- Hicks 1-219 

Blacks in that precinct in 1980, then the assumption is the 

same proportions are there in 1980: correct? 

A. Yes. 

a. And then 1f the precinct that reported that way was 

split three times, or split into thirds let's say because of 

Bopulation growth by 1988. then the assumption. do you know 

what the assumption 1s there” Is the assumption that, okay, 

this other precinct got a third of the population, the 

middle precinct got a& third and the cther end cof it got =a 

third. same proportions. 

A. What you are doing when you split the precincts you are 

still overlaying with block data for "1980. You would simply 

add up the blocks that had fallen in the portion that was 

split off. 

a. You mean the census reports information by blocks? 

A. Yes, 1t does. That is my understanding of the way they 

did this. If I am wrong 1 will be glad to stand corrected. 

I was given these data with the understanding they were 

developed by a firm they hired toc configure precinct 

boundaries, configure census datas by increasing current 

precinct boundaries. 

Qa. I wasn't suggesting you were guessing wrong about how 

they did 1t. I am trying tc get on record how 1t is done. 

GQ. You then take. in this case. the demographic. the 

  

  

  

 



    

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Brischetto — Cross — Hicks 

Travis County folks gave you and have done your. your guess 

is they did it the way vou just explained. vou take that and 

you take in a particular precinct what the breakdown ics as 

they reported it and as they came up with it as vou just 

explained and you substitute that population number in as 

the breakdown for percent voters, percent Hispanic voters 

for instance” If the precinct had. as the Travis County 

folks gave 1t to vou, 10 percent Hispanic population. 

A. Yes. 

Q. Then when you were running vour analysis and you would 

take the returns from that precinct. 

A. Yes, 

G. In terms of votes for Gallardo. votes for McGown. vou 

g¥
 Mm = nN Ml , wouid then say it is a FC nt. I mean you would say 10 

percent precinct in terms of percent Hispanic voters: right? 

0 Q. So you made the leap so to speak from percent 

population that ise Hispanic in the precinct, again following 

this trail back to the 1980 census. to a percent of voters 

of registerec voters mm
 o ~ pd
 

f
o
d
 

In
 

ii
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on
 = im a i 1) Ln
 m i m ML
 

0
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ie the same, the percent of turnout is the same and the 

percent of fall off when vou get down to the judicial 

elections is the same; correct? 

~ Yes. vou have toc make those assumptions. 

  

  

  

 



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—T Brischetto — Crosse — Hicks 1-20 

@. Do you think those are valid assumptions? 

A. Well, actually 

assumptions. I went 

surname registration 

in for each precinct 

I did do some testing of those 

to the registration data. Spanish 

data by precinct and entered that data 

4 Ca for that particular year. 1986. An El.
 

    

did the analysis for that, in fact I have it here. I. just 

hadn't completed it in time to get 1t to your cutoff date 

for —- 

G. Judge Bunton’'s cutoff date” 

A. And the results are here if the Judge would like to 

iook at them. These are the results analvzing by percent 

Joe
d Spanish surname of registered voters. might say the 

results are very similar and this was toc me a nice 

confirmation of the fact that we didn't have toc worry about 

some, so much about our population measure of the precinct. 

We came out with exactly the same conclusions in terms of 

the patterns. and almost, almost precisely the same. almost 

the same results in terms of the actual levels of voting or 

estimates or estimates of our voting by precinct, whether we 

used registration date or whether we used population data. 

i)
 

n me
d am not going to try to keep Judge Bunton from seeing 

A. Did you want to see this. Your Honor? 

I do, but I am going to let them see 

  

  

  

 



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Eriechettoc — Crosse — Hicks 

A. Whatever the rules are I will follow them. 

BY MR. BICKS: 

G. Now, in Travis County did you do ann absentee vote check 

as you said you did in Bexar County in 387 

A. NG. NO. 1 did not. 

Gi. Do vou know what percentage of voters in the Democratic 

Frimary in "88 voted absentee” 

a. No. '1 do not. 

Q. That would tend to be a very high absentee vote area. 

— 

wouldn't 1t, because of the change in the law® 

A. in Travis County? 

G. Yes. 

A. 1 know that in Bexar County it was higher than almost 

every other place in the State. I don't know exactiv what 

it was in Travis County. 

G. On your analysis, your multiple regression analysis 

that you did in TR-02, how many precincts did you use” 

A. In TR-027 

8. Yes. In the three races that you analyzed. 

[218 I beiieve it was 178 precincts. 

{J And how many precincts are there ir 

ps 
i A I think there are that many. I used all of 

GQ. Homogenous precincts. what 1s your definita 

homogenous precincts”? There 1s 80 percent. the 

percent extremes, or 1s it 90 percent? 

them. 

on oT 

twa 80 

  

  

 



Hrischetto 

A. Well. in this particular 

percent Hispanic would give 

G. So in the homogenbus prec 

unde 
= 
1] 

think thai VOL 

basis for analysis’? 

well. it 1s not something 

analysis on. It 1s one of the 

at regressions and homogenous 

they corroborate one another. 

    

Cross 

percent Anglo would give us &0 

is a sound 

Hicks 

ane 1 believe that 90 to 100 

precincts. and 20 toc 100 

us 

inct . under Hispanics 

1a i i x percent. 

ie essentially the 

homogenous precincts. Hispanic 

metnod 

that I would only 

reasons 

Vou show   
  

 



  

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Brischette - Cross — Hicks 1-224 

that an average district. using voting age population. is 

measured. and 1 take it what vou did was take total voting 

age population in Travis County and divide it by 1 

A. That's right. 

i. The size would be 24,0350 people in the precinct. people 

that are voting age popuiation. 

A. Yes. 

T @. Where in TR-04 did vou, where dig vou get vour voting 

A. Those were obtained from census tract data. 1980 census 

G. Not updated: 1= that correct” 

A. That's correct. 

GB. Now. in the 1980 census tract data did 1t imcluge or 

»Clude U. &§. citizens, did it break it down between 

Hispanics who are U. S. citizens and Hispanics who are not? 

A. No, it did not. 

@. You didn't do that either? 

A. I did not. I had no basis really for doing that. not 

Ggnthe tract level. 

] 
o f Gi. oo you gon t know 1T vou take out that percentage { 

whether it would bring vou below the S50 percent voting age 

population”? 

RR. Ho, «don't. Actually —— 

a. I didn't say that right. i am sorry for interrupting. 

  

  
 



  

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Brischetto — Cross — Hicks 

If you take out whatever the non U. S. citizens that are 

Spanish. Hispanic voting age population. you don't know what 

it would bring 1t down to; correct? 

A. If 1 take out the non citizens from that particular 

hypothetical district, is that what you are asking”? 

a. Well. I didn't think this was a hypothetical district. 

X thought thie was —— 

a. ] mean that was the actual district that we would draw. 

we didn't mean to use hypothetical. The voting age 

population Hispanic district. the question was did I take it 

cut? No. 1 did not. The reascn was I could not get data on 

citizenship that was not, that was total population. that is 

population data down to the tract level without dealing with 

sample estimates of citizenship. ! ; 

Q@. So it is hard to teil if the district you have drawn cn 

the second page there really includes 50 percent Hispanic 

eligible voters: correct? 

A. You can't. vou can't tell whether these voting age 

Hispanic are eliigible or not from this. 

Q@. Now. mv copy of the exhibit isn't here. Do vou all 

have a ciear copy? lL. can't tell what the dgistrict is 

‘A. It 15s essentially the dark line that runs around those 

six, seven different tracts. 

@. Okay. 5G it is the, it ic the district that looks like 

  

 



  

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Brischetto — Crosse - Hicks 1-224 

AT Yes. 

8. Now. in your view 1s that a geographic —— 

TREC CINET i sure want toc see how that looks on 

MR. HIKES: It looks like a frown. arg Just for 

the record, 1t is the second page of TR-04. 

BY MN. HICKS: 

{. in your opinion 1s that a gecgraphically compact 

Fo. well, I am not sure exactly what one would decide is 

- 
geographically compact. I suppose {I would call 1t 

contiguous. And 1 think the fact that 1t 1s contiguous savs 

sadmething for 1t, you can draw a contiguous district. I am 

not sure 1 would call 1t very SamBant. But then again the 

standard for compactness to me 1s a very vague sort of 

standard. And I am not sure what a compact district really 

is. 

G. Do you have an opinion about whether you can draw a 

geographically compact Hispanic district in Travis County 

that includes 50 percent or more voting age population 

Hispanic citizens? 

A. Well, I would say that is, that district at least is 

within ——- 1 suppose one could measure the miieace and = 

forth, but certainly you can draw a district that is 

contiguous and it 1s relatively compact. I am not sure. 

  

  

  

  

 



  

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Brischetto - Cross — Hicks 

again, that I would consider it very compact. but I would 

say maybe it is relatively compact. 

a. Do vou have an opinion —— 1 will try again —— whether 

you can draw a geographically compact district in 

County composed of Hispanic voting age population citizens 

in a portion that equals at least 530 percent in that 

district? 

THE COURT: Let me answer that question. You have 

put it there three ways. Your answer should be if the 

as drawn meet vour definition of compact. the answer is yes. 

If they don't, the answer 1z= no. Would that be fair” 

A. Fair way. Your honor. 

THE LCOMeIT: Thank vou. 

MR. HICKS: Thank you. Your Honor. 

BY Mk. HICKS: 

GQ. I need to, some of these things we will never have to 

come back to because we are taking care of them now. Rut 1 

need to go through this. I would like to know when you are 

counting Hispanics, on the first page of TR-04, how do vou 

count EBElack persons who are Spanish origin. how do vou 

courity White persons who are Spanish origan’ 

FA. There could be an overlap there. Spanish origin 1g & 

separate question from race. and sc there are indeed 

sometimes Black persons of Spanish origin. and White persons 

a of Spanish origin and cther races. persons of other race of 

SE TR PIN TT Re 6 

  
  

  

  

 



  

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Friechetic — 

Spanish origins, so the two bh 

Generally there 1s not much o 

ad. How did you count them” 

A. You are talking about TK 

definition of Hispanic? 

Af. These are people whose = 

separate question 

whether or not a asks 

otfered inn 19080 for that choi 

another would be Fue 
N . 

Chicano. 

Chiba. ancther one would be 

might be ancither 

Spanish origin. Now, if & pe 

particular categories that ha 

countries of origin but which 

itnger the rubric of together 

&s Hispanic population in th: 

exhibit. And in ail other = 

origin population. 

Q. Maybe 1 didn't follow en 

that vou have treated Black H 

a. That would be right. 

did these same p=soo i Now . 

other Spanish 

whihite where 1 

Crosse — Hicks 

ave separate measures. 

f an overlap between the two. 

—{()4 7 

1S wav. what 1s the census 

gid they classify as Hispanic? 

elf identify as Hispanics. 

the race guesticn which from 

themselves of would consider 

several categories that were 

Rican. another one would be 

or South America, 

a category not of 

reson checked in any of those 

different Hispanic og todo with 

fall under the. would fall 

Hispanic. they would count 1t 

= particular case in this 

used Spanish 

of it, but so that means 

as Hispanics? 

- 

ie show up in the listing of 

  
  

  

 



  

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Brischetto — Cross — Hicks 1-229 

the Black population. are they double counted? 

A. If a person checked Black. then it would also be listed 

under Elack population. under race. 

Ga. You just don't know 1f the information you have gotten 

from the census has that or not. has double counting in 

there or not in Travis County? 

Fo. In this particular case I think we are. there could be 

double counting. because they are separate items that thev 

are taken from. Spanish origin population and by race of 

Black population. One could go to the tape and separate 

bt
 out persons who are Rlack. persons of Spanish origin. but 

don't beiieve that was gone in thie particular case since 

published, well, these were reporte that were off of the |, 

tape. So I would have toc check to see iT that was something 

that was done in this case. iI don't believe 1t was. 

However, 1 don't believe it is a big problem. because 1 

don't think there is much overlap in Travis County. many 

Black persons of Spanish origin. 

MR. HICKS: That's all. 

MB. FINKELSTEIN: Judge. mav I have am exhibit 

‘ THE COURT: You may mark 1t. ves. 

15. FINKELSTEIN: 1 am giving Mr. Hicks a copy 

in Judge. may 1 approach the witnes 

  

  
 



  

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1-230 

THE COURT: You mav. 

MS. FINKELSTEIN: I am giving him what has been. a 

copy of what has been marked as TR-13. Also a calculator. 

THE COE T 1 am looking at my Flayboy centerfold 

for April. 

ME .aF INKELGTE This You have got a better picture 

than the one I have got. Ang 1 guess 1 lost my copy. Here 

continued) j@
 

or
d 

ph
 

m
 

cy
 

|
 

m
 

Se
 

i i
n > pen
d T 
J 

oo
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0
 

mM 

EY MS. FINKELSTEIN: 

a. Doctor. would vou please —— Judge. may we have this 

admitted”? 

rt
 

FE COLHRT He will agmit TE—-1B. I vunderstamg 1 

P
a
d
 

b 
4 3 mM x p
t
 

po
e et
 

ni
 

[
o
e
 

ou
nd
 

5 x just has been shown tc counsel. Certaani 

Sounisel to cross examination the witness on this particular 

hibit. 

BY MR. FINKELSTEIN: 

G. Doctor. do you know what this 1s? 

A. This is a. it locks like a& computer run. printout from 

= ; a” Ls  - UE SR RR 2 “a Sop OR op o is = oii summary tape file 548 from the official UU. 5. Bureau Lensus 

data #ory 150i Tor Fvravie Douniy. =howing nativity and 

citizenship by age of the total population and Spanish 

origin population in Travis. 

2 “ ry 
@. Did vou arrange toc get this material” 

A. Toicdigh, ] called the RHureau of Businees Research at the 

  

 



  

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Hrischetto Finkelstein 

University of Texas at Austin, which 1s one of the State 

combouter   centers. and asked that they make 

and make a run generate 

base center? 

repository for official 

includes census tapes. 

the papulation. 

the number 

I] epresents the Spanish 

and who are 

wountld be the 

age are there in the county? 

that 1s just gave you. 

Doc you want total 

I apologize. Total persons. 

the left This would tatal column, 

the county 

calculate    



  

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Brischetto —- Direct —- Finkelstein 1-252 

total persons of Spanish origin of voting age are not 

citizens’ 

FS . Are not citizens” That would be 2.844 over 44,751. 

Is that what vou are asking for? 

G. Yes. please. 

A. That would be g.5 percent. 

Qa. Chay. Now. would you look with me at Flaintiffs 

cxhibit TH-O0O4 in vour book” 

A. Yes. 

Gl. Ang fing the total Hispanic voting age population for 

thie Ginglese 1 distract? 

A. That would be the ——- did vou say the total Hispanic 

voting age’ 

i. Yes. please. 

A. That would be 13.446. 

G. And what would be 8.5 percent of that” 

a. That would be 1.149. 

do. Okay. Would 1t be fair to say as an estimate that g.o 

percent of that 13,446 is, would that he an estimate of the 

non citizens of voting age who are Spanish origin in this 

gistvrict> 

A. Yes. 

=. Okay. Would you mind subtracting for me. please. that 

figure that vou just caiculated from the total 13.446& 

Hispanic voting age population in this Gaingles I district 

  

  

 



  

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Brischetto — Direct - 

that we found in Exhibit TR-047 

. That would be 12.297. 

Qa. Je that more than. would you 

Exhibit TR-04 the total voting age 

Gingles I district that we have got” 

Finkelstein 

fing foro ome on 

pOoOpliialtion 

A. Twenty-three thousand one hundred sixty-five. 

Q. Is the 12.297 more than 30 percent of WP ef 

A. Yes. Ba.l percent. 

G. So even if we take —— so would vou conclude that even 

if you take this into effect. into account. the non citizen 

Hispanics who are of voting age in this district. 1t is 

still possible to draw a district where the Hispanic 
L] 

community of voting age is sufficiently large and 

geographically compact sc as to constitute a majority in a 

single’ member district? 

A. Yes, 1t 1s. 

MS. FINKELSTEIN: Thank vou. 1 will pass the 

witness for this county and move on. 

further questions. 

unless there are 

THE COURT: What is the make of that computer? 

A This would be a Texas instruments. HALT 

‘ CROSS EXAMINATION (continued) 

BY ‘MR. HICKS: 

a. Dr. Brischetto., did you say that the information on 

TR—18 was taken from census tapes” 

  

  

  

 



  

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Brischetto —- Cross — Hicks 1-254 

A. Yes. Summary tape file 5A. 

a. Census tapes are uncorrected by the Census Bureau: 

correct? That is if they correct, they are published 

information. they don't go back and correct their tapes™ 

A. I don't know what vou are talking about. 

Q. Well, lI Thing 1 do. 

G. I honestly don’t. it seems to me that the Census 

Bureau puts out an awful lot of data from their. what thev 

collected in 1980. Not al] of it can be ‘in printed form, 

and so they make it available in tape form. And they will, 

you can then go to the tapes to get information which is not 

tabulated or run out on tables in the published reports. 

This is the source for this deta, since you cannot find 

Spanish origin population of voting age in a particular 

county. according to citizenship stage in the published 

reports. Sc you have tc go to the tapes to get it. 

Q. The Census Bureau periodically corrects and publishes 

corrections of its 1980 original census for publication: 

correct? 

A. 1 am not sure which, what vou are talking about hen 

You say corrections Could vou exnlain to me wha 

publications vou are talking about” 

a. We will just have to do it through another way. 

A. All rignt. 

ad. Tell me. are you aware of how the Bureau of Census gets 

      

 



  

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the informati 

a. Thev im 

GQ. They do 

A. 1.12 pa 

3. The info 

over ie fort 

A. that's rr 

Gi. And the 

those folks t 

being not cit 

a. Yes. 

Gz. what mak 

across the ca 

would be spre 

A. Well, 1 

tract level +t 

BEriechetto — Crosse — 

on on whether somebody 1s 

Census 

the 

ration 

he whole county: correct”? 

last column 

he Census Rureau reports in 

izens”’ 

gz youu think That 1 would be sprees 

untyv. that the same oroportiaon of 

ad evenly across 

don't have anv information 

hat 1 woulg — 

gata is 

census enumeration, 

we have here for Spanish 

aout not "a citizen 

if we go down to 

Hicks 

a citizen 

cei 

the enumeration? 

is 

down to 

or not? 

f reported. 

that's right. 

how many of 

their tape as 

the census 

the tract level 

I suppose one might be able to get that data from the tape 

to the tract level. Eut when you get down to tract level 

estimates. vou are dealing here with an item that is a 

sample 1tem. and therefore when you get down to a small 

area sstimate. he sampling era around that partaicula 

estimate might be too large because 1t is a very small 

sample. 

a. Let me ask you if it would be. essentially the district 

that vou have fried to draw here —— well, vou have drawn & 

  

 



  

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gistrict. 

to be what you 

The district you 

EBrischettc —- Crosse — Hicks 1-236 

have drawn here is most likely 

might call the most densely packed Hispanic 

corrects area in Travis County: 

5. dell at dean area that ie at ‘least a majority 

Hispanic in that area, ves. 

Gi. Roulg it be — 

A. 1 can't say it is the best district. 1¥ 1 graw it down 

using block data 1 can probably come out with a more 

compact. that is a more highly concentrated Hispanic 

gistrict, using blocks. 

0)
 

"n po
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2 

based an 

a higher concentration 

—— 

an area where there is 

sOrry. 

vour experience about whether there 

Would 1t be worth our. 

of Hispanics who 

a higher concentration of Hispanics 

in a county? 

A. In other words. among the Hispanic the guestion vou 

are asking me, if 1 can try to understand it, is that in 

areas where Hispanics are more heavily densely populated or 

heavily concentrated, among the Hispanics in those areas is 

there & higher percentage that are non citizen that in zsreas 

where Hispanics are mare sparsely poouiatec in Travis 

County? 

Q. Yes. 

A. That might be true. That might be true. “I .3ust don't 

have anv information on that. 

  

  

 



  

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Brischetto - 

A. If 1t were true, 

the 

gown to the level] of + 

to draw: correct? 

A. If. I 

suppose, yes. 

MR. HIKES: 

THE COURT: 

MS. 

THE COURT: Jefferson Countv. RIY right. We wii 

move east. 

{BErief recess.) 

{Open Court.) 

THE COURT: So vou will know where we are going. 

we will go until about, I don't mean to push vou all today. 

but time goes quickly when you are having a good time. So 

we will run today until about 6:00, and then recess until 1 

the morning at 8:30. I think 1t probablv would save us a 

little time and probably some lawver time if we understood 

trhiat we are Going rs tebe swlhece one ‘oO tv arn oa time. aang 

that when vou are we will say finished with Jdeffersan 

County. if there 1s a lawyer here representing those groups 

or & group in Jefferson County. then when they finish their 

direct or cross examination, put whatever «wiinesses they 

percentage that vou went through with Ms. 

had that information 

FINKELSTE IN: 

Cross — Hicks 

it wouldn't be appropriate to carry 

Finkelstein 

his Gingies 1 district that vou tried 

accurately down to the tract 

it would be good toc do that. 

minutes 

on which county” 

Jefferson. 

~ 
HE 

  

  

  

 



  

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have. 1 am not going toc reguire and compe 

while 1 take testimony on Lubbock County 

something like that. The same will go fo 

Houston. When vou finish 1f vou want to 

toc have you. But after vou have done all 

Clients. that would exclude LULAC. who is 

lawsuit, of course. and the Attorney Gene 

after vou have done all you can. there is 

you just ilove tc hear this stuff. for vou 

to the matters that relate to counties ot 

vou are here for. Thank vou very much. 

MR. CLEMENTS: Your Honor. trys 

there are only Harris and Dallas counties 

than the State either 

defense side. 50 those counties are kind 

situation. Is it vour thought when we do 

counties, in whatever order the plaintiff 

that we would put on the entire plaintiff 

case” 

THE COURT: Yeo. 

Mi CL FHiENTS: i whit hever Ore 

then the same with the cthere and then br 

THE COURT: Yes. 

MS. McDONALD: It ie ' my underst 

will not be putting on testimony regardin   

1 them to stav here 

Or Ector Loninty, or 

r Dalias and 

stay. I would love 

vou can for your 

bringing the 

ral’'s office, but 

nc reason. unless 

to stay and iisten 

her than the county 

ie
 

3
 

Ll
 

* 1. 
| 

< 

3 
. 

i -
 

[=
 

fm
 

m 
gi.

 
rt 

bo
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in
 

iy
 

0 
-
 

. 

a r+
 

(B)
 -l eC ois
 | Nn i 1 

get to those 

rt
 s have arranged 1 

and defendants’ 

that LULAC 

  

  

 



  

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1-239 

Harris County. So they will continue to put on all thear 

case on various counties. and it 1s my understanding Dallas 

will then go next. And we talkea among the lawyers. and 

1 
4 then we will go next as the plaintiff intervenors. I dont 

want to be here throughout, but 1t appears we will be the 

last plaintiff intervenor. we talked about 1t. That 1s 

what we toidc our witnesses too. 

THE COURT: If vou told your witnesses that. 

unliess vou can rearrange. 1 gon t know of anything 1 can Gs 

about it. Unless vou. I don't know. and if you weren’ t here 

tomarroaw we will say Tor instance and we went on with the 

0 cther counties. I don't know why vou would want to go back 

toc Houston. but 1f voy want toc go back to Houston, Judge. 

vou can go on back anc then make arrangements to be here. 

That would be awful tough. 1 realize that. Or 1f vou wanted 

to reconsider the order of the proof sco that some of you can 

get out of here earlier. I don't care. It doesn’t make anv 

difference. I get paid by the vear. 

MS. McDONALD: The only thing we are stiil trving 

to find out 1s when we are going to go. We have cur 

witnesses on cal Wwe wi work thet out, 1 hope. among the 

pariies. 

THE CORY 1 think vou will get some idea how we 

are working today. and today was a siow dav. 

MS. FINKE STEIN: Your Honor. we don't have any 

  

  

 



  

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problem with rearranging. 

1-240 

THE COURT: Why don't you all get together tonight 

over a little Dewars or something. It will work out ali 

right. 

MS. McDONALD: That 1s a good idea. Thank you. 

THE COLIRT: "RY1 right. Fine. 

DIRECT EXAMINATION (continued) 

BY MB. FINKELSTEIN: 

Q. Doctor, let's begin with Flaintiffs’ Exhibit J-01. 

which is in plaintiffs’ exhibit book 2. 

A. Yes. 

Gi. We are looking at Jefferson County now and. Judge. we 

are proceeding on behalf of Blacks oniv. 

THE COURT: That really did not come 88 8a SUrpraise 

to me when I saw the Spanish surname population in Jefferson 

is less than five. 

BY M5. FINKELSTEIN: 

0. Doctor, what is Flaintiffe' Exhibit J-017 

Fi. Nc. J-01 is the Jefferson County profile which gives 

population broken down by Spanish origin and Rlack. it savs 

Spanish surname. C that means Spanish Origin. The total 

voting age population broken down by Spanish origin and 

Black. and the numbers are 4 percent of total population 

Hispanic, 28 percent Black, and of the voting age population 

4 percent ywaimately 

  

 



    

Brischetto — Direct - Finkelstein ;I—241 

There are eight District Judges elected in Jefferson County. 

a. iet’'se move to Flaintiffs' Exhibit J-02. 

Exhibit J-02, ves. 

thie? 

the analysis that 1 did of elections 

Refore we move on. 

understand that the State used to think that there 

election in Jefferson County in County Court 

in the General a Rlack candidate opposed an 

understand they have changed their positi 

confirm that. it will eliminate the need fo 

rebuttal of that point. 

I don’t think we ch 

There was no such race. Her witness mis—-refreshed himself 

COURT: Good word. 

HICKS: I got that from Ron Zeigile 

COURT : Okay. Go ahead. 

So that means we won tt need to 

Doctor, how did you decide which 

Jefferson County? 

] looked   

  

 



  

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Blacks ran 

either in 

for County 

Whites, 

Frimary 1in 

precincts, 

population 

reguest © 

Jetferson 

ag 3 

and 

measure of 

Brischetto — Direct — Finkelstein 1-242 

against Whites. There were no such contests 

the Frimary or the General Elections. 1 locked 

Courts at Law. in which Rlacks 

found one in 1978, in the 78 Democratic 

County Court at Law place XZ. I slooked for JP 

where precincts covered a large part of the 

in the county and found such contests. 

then through a Frimaryvy at the 

for for Fresident. to the attorneys 

generally racial bloc voting in 

County elections. 

a. Doctor. are vou familiar with the geographic areas 

covered —— I notice there are two Justices of the Feace 

precincts that vou looked at. precinct 1 and precinct 2. Do 

you know what area this precinct 1 covers? 

A. As 1 recall, precinct 1 covers the city of Beaumont. 

a. How about precinct 27 

A. Precinct 2 covered the city of Fort Arthur. 

2. Okay. 

THE COURT: One was Heaumont and © 1s Fort Arthur? 

a. i] beiieve =G. 

THE COURT: Do vou happen toc know whether the 

candidate 

in 19. he 

Fort Arthur 

was Do vou mean he moved Freeman 

ran in Beaumont in 72 and then togotled on over to 

ana ran there in 

  

  

  

  

 



  

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Hrischetto — Direct - Finkelstein 1-243 

do vou know whether or not that is? 

A. I need to check the elections returns tc see if there 

was, if that was correct. if there was a2 type or whether 

that 1s correct that he may have moved. 

THE COLIFET: He didn't have a lot more success one 

place than the other. you know. But the name 1s identical 

and vou are telling me there are two different cities but 

vou don't know whether it ie the =ame person or not. 

A. I can't sav offhand. I need tc check tha 

data. I think 1t 1s something. however. I can give you an 

BY. NS. FINKELSTEIN: 

a. Doctor. could vou describe to us wih 

vou use in this analysis? 

A. I used. for my demographic information on precincts. on 

racial composition of precincts. I used total population 

data. 

a. From what year? 

a. The 1980 m 0, in e in 

tH. No. I actually had information on most of them, Dut 

not on all of them. And the reason xc that 1 was able to 

get the 1980 census data by precinct. and lock at those 

  

  

 



  

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Brischetto — Direct - 

boundaries. If they didn’t change. 

analvsis because all 1 had was 1980 

particular coun 

it 21
 

that in the J orecincte 

in those JF precincts where I could 

Finkelstein 

1 included them 

information. i 

ty. But 1t turne 

otf the 

na get. actually 

1-244 

in the 

d 

a 

igdn't 

HA 0 

information on for the 1980 census. 

Gl. Doctor, 1s:-that precinct J or precinct 27 

A. Those would be precincts 1 and 2. And then for the 17. 

county wide 1 was able to get information on 65 of the 7% 

precincts in 1978, and of the, and of 1988 Tor the Jesse 

Jackson. 65 of the 94 precincte. 

GQ. Doctor, do I understand that vou used —- 

ANE I am sorry. 

Gi. 1980 population data to analyze a race that took place 

in 19727 

A. Yes. 1 did. 

Gi. why did vou do that? 

A. Well. because the precincts had not changed from 1770 

te "78 very much. There was 75 precincts in 1970, 79. and 

in 1979. as we were approaching the 198C census. there were 

79 precincts Fhe population from 1970 "to 1980 actusall i = 

pretty stable. in Jefferson County there was only a = 

percent increase in the population, so there was not much 

shift in the population over that 10 vear period. B31 

looked for precincts that were the came at those LTwo veares 

  

  

 



  

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EBErischetto — Direct - Finkelstein 1-245 

and 198C is. And during the 1970's when 1 did the analvsis 

and identified those. and in fact 146 of the 17 were the same 

in the JF precincts. In the 1980's it was 35% of 45 

precincts and the JF precinct 1 were the same. 

G. Dic the population, there are two Metropolitan centers 

in Jefferson Countv. Fort Arthur and Beaumont. Did the 

population in the two cities remain fairly constant from 

i970 to 1980 also? 

amount cf increase from ‘72 to ‘80 as we Tound county wide. 

fi. ie the population ir the county. county wide. Tairiy 

stable an also peocpie were not moving around much within the 

hat's correct. 

8g. Dray. What type of analysis did you use in this 

election when you analyzed these elections? 

A. I did a multiple regression analysis. looking at the 

carrelation between percent Hlack in the precinct and the 

precinct voting for the Rlack candidate. holding constant or 

separating cut the effect of percent Hispanic in the 

i. And what was the. what would be the lowest FH 

that vou would find on this table” 

A. Actually 1t 1s .66 would be the RK. so the KF sguared in 

  

  

 



  

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EBrischetto — Direct —- Finkelstein 

44 percent variation explained in the 1972 Demccratic 

runctf. 

5. And 1 see that you have three analyses where vou had 

partial K's of 97. What would the R sguare be for those? 

A. Those, it would be —— 

Q. What was the highest partial RK that you got? 

A. 94 percent of the variation explained in those cases 

I alsc did a homogenous precinct analysis to check out mv 

regression estimates. 

Gi. And did the regression estimate in the extreme case 

analysis turn out pretty much the same” 

Fo. Very close. Very close. 
$ 

Gi Does this Plaintiffs’ Exhibit I-02 lead vou toc anv 

conclusion about whether or not Elackese voting in judicial 

local judicial elections in Jefferson County vote 

cohesively? 

A. Yes. They are very cohesive. 

a. And does 1t lead vou to any conclusion about whether 

Jefferson County in local judicial elections the Anglo 

maiority bloc vote 1s sufficiently strong so that it 

Jeera ll defeate the preferred candidate in the Hilaci 

community™ 

A. Yes, indeed in each case we found that in the judici 

elections anyway the Black choice lost. 

Cl. And dces this exhibit alsc lead you to conclude that 

1-246 

in 

  

  

 



  

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Rrischetto — Direct — Finkelstein 1-247 

there 1s polarization along racial lines in the judicial 

elections in Jefferson County? 

A. Yes, there 1s 1ndeed polarization. And we found that 

in every Case except one. 

GQ. You mentioned. you mentioned that vou analvzed the 

Jesse Jackson Fresidential Framary race. Democratic Primary 

race in 1988. Why did vou do that? 

FA. Well, I suppose 1t would show my ignorance to say the 

attorneys asked me to. but they did. And 1 think. though, 

it was probably, we were interested in getting any sort of 

elections where Blacks ran. Farticularly we looked first. 

of course. at judicial eiecticns. This was throws in &s an 

afterthought to see if 1n the Democratic Fraimarvy how 

polarized voters were in a high visibility contest. 

G. With a readily identifiable EHlack candidate” 

kk cangidate. the m IT
 

o
d
 

fl
 Rl A. with a readily identifiati 

candidate in thie case Jesse Jackson. Indeed we analyzed 

that and there was verv high polarization in that case. 

(i. Doctor. 1f you left out vour ‘analysis of the 

ys 2s Th Bg : AlenLEn et ; SI ee ERT ¥ 
Fresiderntial Frimarv, 17% vou left cutithe analveis of the 

Jesse Jackson race. would wo 21311) he confident ao vour 

conclusions that vou just stated about Black poiitical 

cohesiveness, Angle bloc vote and polarization along racial 

lines in Jefferson County”? 

a Yes, 1 think we have ool some verv clear consistent 

  

  

  

 



  

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Brischetto — Direct — Finkelstein 1-248 

patterns here of racially polarized voting. and cohesiveness 

within the Black community, and white bloc voting. 

a. Doctor. let's move on to Flaintitfe Exhibit J-03. 

What i= this? 

A. This 1s, J-03 1s an equity chart that looks at the 

number of Rlacks. the number of Judges for each year from 

1985 to 198%. and whether or not there are any Elack Judges 

: 
in Jefferson County, and there are none. 

—— 
7 iY Q. Would vou look with me at the line for 1987 

A. Yes. 

Gi. Is that a tvpc where vou had seven Judges instead of 

eight? 

A. Yes. I think that should De corrected. It is realiv 

eight Judges. 

Q. And would you agree with Judge Bunton that this isn’t 

Just a case of under—-representation, it 1s a case of 

unrepresentation® 

A. Yes This would be a case where there 1s no EHlack 

representation at &i1 in the judicial District Court svstem. 

the s2guity measure of in in i”)
 0 z = J < The under—-representation 1 

0 minus 20 percent in esi ve 

0. let's move on Io Flaintiftts Exhibit 3-04, 1 gor t 

think we need toc go through the whole process sgairn. Just 

py could you tell us from this exhibit. do you have 

conclusion about whether or not Blacks in Jeffersg 

  

  

  

 



  

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are suffici 

constitute 

use voting 

can 

population 

Gd. Let's 

thie show? 

Brischetto — Direct — Finkelstein 

ently large and geographically compact to 

a majority in a single member district when 

age populations of Blacks™ 

Not just one district but inv two distyicte., 

get a mailority voting age population, Rlack voting 

in two Qistricts., 

move on to Flaintiftte Exhibi J=05 What 

A. This shows the incumbent Judges in Jefferson Coun 

and the precinct that they live in. their race or ethn 

Gi. Any Blacks? 

A. There are no Black Judges at all of the eight. 

G. And once again, is this column of numbers at the 

hand side © 

A. sthia=m. 

a. tet’ s 

this show? 

shows the residence precincts 

he code Tor. the next exhinit? 

move oh to Plaintiffs’ Exhibit J-06. Wnat 

of the incumbent 

THE CURT it looks like thev all live in © 

same house 

£7. Actually the map is reduced kind of small. so whe 

kg 

THE COURT: A fun time with the Judaes down 

Sa If vou lock at the Rlack areas. in truth. Your Ho 

1-249 

YOu 

AE 
LY = 

ZCcity - 

n they 

there. 

  

  

 



  

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Brischetto — Direct —- Finkelstein I-250 

there are none of the incumbent Judges living in the areas 

that exceed 50 percent or more Elack population in either of 

the two areas that are identified. Beaumont or Port Arthur. 

AQ. Doctor. let's skip Exhibit J-08, it just restates the 

cbvious. that since no Black candidate has run for the 

office of District Court in Jefferson County their success 

rt
 rate is 0. Let's move on to Flaintiffe' Exhibit J-0%. Wha 

~
+
 [AN This is a hvpothetical. these are hypothetical. this is 

1 ae 

a hypothetical district, Black district. And 1t Nn 3 nl 3 in ™ a m 

analysis of the County Court at Law race in the 1978 

in
 

ni
 Im
 

fo
nd

 

nt
 

nN
 Tm en: ~tic FPrimar: of YL Se 3 Whi , Sina TR ae esr avi mr imay v, DCIS R. AoWRIITEe, MEersgsus Jdavli 

And alsc Menes. a White. ANd 1t shows that Davie indeed 

wine in the district election. but at large he lost. 

B. Bo does this lead you to any conclusions about whether 

or not Blacks in Jefferson County are politically cohesive” 

A. It indicates that they are politically cohesive. 

CG. Does it suggest toc you anything about whether the Anglo 

bioc votes sufficiently, with sufficient strength to defeat 

the choice of the Black communitv? 

Yas, In the &1 large eleciion they did vote 

sufficiently as a hloc to defeat the Black voters’ choice. 

a. i.et’'s move on to Flaintiffe' Exhibit J-10. which shows 

a. hich one? 

  

    

  

 



  

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1-25 Brischetto — Direct —- Finkelstein 25 

GG. No. Jd-10. And would you explain this to us? 

A. No. J-10 1s the sociceconomic profile far Jefferson 

County. showing the distribution of various socioeconomic 

characteristics, education. income, occupation and poverty 

status among the different racial ethnic groups in Jeffersan 

County. We would here compare the Elack population in thas 

county with the Angle population. 

Q. And what conclusion did vou draw from that comparison” 

A. There is strong stratification, & high degree of 

stratification along racial lines in Jefferson County. both 

i terms of education, in terme of education. income. 

occupation and poverty. In fact, the poverty rate for 

Blacks in Jefferson County is six times. more than six times 

the poverty rate for Anglos. 

M5. FINKELSTEIN: I will pass the witness. 

CROSS EXAMINATION (continued) 

a. Dr. Brischetto. this might save time later too. 

whenever in these analyses for the various counties vou use 

populatien instead of registered voter information to do 

VOU YEQVSSSIiON anal veis 

tA. Yes. 

a. Do vou use the same methodology for estimating 1t and 

ecsentially draw from the same kind cf cemooraphic base from 

the county that vou did in Travie Counts”? I understand vou 

  

  

 



  

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Brischetto - Cross — Hicks 

take what the county gives you in those situation: is that 

right? 

A. Yes. In this case Jefferson County had nothing to give 

me. sc I went tc the Census Bureau and they had information 

on the 1980 precinct boundaries and ! looked and used that 

information. 

- Maybe 1t won't save time. And vou cidn’ t do. either ©)
 

working backward or forward, any. for the races vou 

analyzed. you didn't do any reconfigurations for the 

precincts”? The way I understand it is the precincts that 

didn't change are the precincts vou use in vour analveis 

a Hi - ig BTN a po “ #7 A For Jefferson Countv? 

57 8 Yeo. > 

£. That's right. 

+ -— 
al. You used them qoing back to "72 and going forward to 

‘88: correct? You used ‘BU census data for those unchanging 

precincts, stretching from 1972 toc 19887 

A. That's right. Hecause in Jefferson County there were 

not many changes that cccurred. 1 simply utilized those 

precincts that did not chance. 

i] Li
 0 in 1n
 

|=
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 i Bj
 

be
 

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1 if io 

: sr en ay : do 
Go. Naw, ae 1 lock at your ra 

noaone of boo
l decade. the ‘80's, vou analyzed three races. 

those races. you found no racial polarization in the voting. 

In other of those races vou find that the Blacks. the choice 

Of "Flach wvoiers wae victoricus. gry. in only one ‘of those 

  
  

  

 



  

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RBrischetito — [rose — Hicks 

three races did you find racially 

L 
situation where the Black 

did not win? 

rhojce, the choice ‘of 

3-2 

polarized voting in a 

Black 

A. was not what’ 

i. Did not win, and that was the 1982 JF race. precinct 1 

place 2. I don't think Mr. Freeman was involved in this 

race. 

IRE COURT I didn't understand 1t that wav. 

counsel. it icckse to me that from J-02, that he found 

polarization and the Elack candidate lost in 

MR. HICKS: i am looking in 

[1]
 

) no
 

IJ
 

mn
 = [ 0 Oo A. The two races in 

BY MR. HILKS: 

have got three races oO. No. You 

analyzed: correct? 

Democratic Primary in 

the Democratic Primary in 

4 

race in BR for Fresidential nomination. 

three in thie decade: right 

fF. Yes. 

Q. And based on Exhibit 2 vou find that in 

races. the '88 Democratic Primary race. the 

voters won. In another of those races. The 

this decade. 

JP precinct 1 place 2 race. in 

the JF precinct 1 place 2 

Those 

each instance. 

Youur 

in this decade that vou 

the 

= 

the Democratic Frimary 

ry
 

are ne 

one of those 

haice of Black 

en 

voters 

race in 

  

  

  

  

 



  

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Hrischetto — 

Frimarv. JF precinct 1 

voting and in 1982 the 

decade. vou find. your 

A. That is sssential 

the two tf)
 ¥) Lt 

either no polarization 

A. Well, 

that is whether or not 

whether or not the Wha 

And in the other case 

€aid that it was polar 

pGiarized. iri 

with percent Blacks. s 

didn't come out on 

the voting patterns there. 

race, which is one of 

voting. EBut in answer 

grouped or polarized. 

as 

percentages were quite different. 

polarized 

composition or racial 

most recent races 

the other case there is 

the same sides, 

the White choice overal 

voting as & correlation 

{ross — Hicks 

place 2. there was no polarized 

aldest of those three races in this 

opinion 1s there 1s polarized voting 

choice lost. 

ly what I found. 

= Tm Eey that vou 

or aiviclory for Black 

shows that according to my measure. 

Hispanics came out —— 1 am 

te and Black voters came 

race. in one case that was not true. 

it was ‘True. And sc in one case 

ized. anc 1t was very strongly 

still a correlation 

o I would have to say while they 

there are differences in 

There 1s a correlation with 

the wavs we define racially peolarized 

whether or not 1t ing the question 

. because the Blacks choice [oe
 un [11
] 

J
t
 8 

3 bi}
 

Wn ri
 - m if 1 

even fo
 

fo
nd
 

» though the voting 

Remember. define 

hetween the ethnic 

composition of a precinct and how 

  

  

  
  

 



  

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voters vote. 

say that 

Rlack vo 

Hrischetto - 

Go there is 

. I% ‘32a gust that in 

Cross -— 

a correlation there. i 

Hicks 1-255 

have to 

3 
the eiection “hh

 

the terme of 3 

were held among Blacks, in that case the same results would 

have occurred for both Black voters among. holding it among 

ters alone and Anglo voters alone. Ever though 

ting percentages for those candidates is guite their vo 

differen 

a. Did vou say that the 

Beaumont area or the Fort 

So. i would need to check 

3. Doyen: Enrwe? 

a l . think JF —-— oh, ves, 1 

question about those too. JF 

Beaumont 

believe. 

nominati 

Nn ! ing * 

1. a Bo 

a. Wha 

n T= 
~~ a & ¥ 

24 

t in terms of size. 

and precinct 2 is 

JF precinct 1 place Z is 

the ci ty 

magnitude. 

Arthur area?’ 

the map on that. 1. aidn't savy. 

did earlier when 

precinct 1 is 

Of Fort Arthur, 1 

4. In the 1988 analysis for the Democratic Fresidentizl 

on you used, I think you said 60 some odd precincts 

What percentage of the precincts —— 

ty—six. 

t percentage of the precincts in Jeffzrec oo tr 

lefferson County? 

that vear 1 believes there were 94. 1 used &6 of the 

wou know where those rerincte., did they tend Go be 

  
  
 



  

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Brischetto — Cross — Hicks 1-254 

concentrated in Beaumont or Fort Arthur. spread across? 

A. I don't know. I can’t say uniess I were to go 

look at the precincts on the precinct map. 

GQ. Just looking at —— tell me how the results of 

in one of the two praincipal caties in the county. 7 

position tells vou anvthing about judicial district 

a 
! 

rt
 

set a standard that should include & 

back and 

A. Results from one race?” Which race are you referring 

within that precinct. 1f we are going to analyze the JF 

precinct. I think for one particular JF precinct 1 

tg? 

GQ. I mav not have phrased 1t correctly. The results from 

one cf the two cities in a& county, one of two principal 

cities in the county. tells anything about the at large 

electoral svstem accounts for District Judge races’ 
L] 

A. Well lI don't think that —— this is one resson why 1 

wouldn't 

look at just those results. I would look at them both. 

G. Well, are you aware that there is a State 

Representative who is Elack from the Jefferson County area 

Nn runs from a district in Jefferson County which 1s a 

White district and That he wine and has won at lea 

bo 

majarit 

and perhaps more times, in fact he has won more times than 

~ 

that in contested races against White candidates” 

a. Is that a county wide election” 

GG. It is within the county. a large proportion of t he 

Y 

  

  

 



  

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Brischetto — Cross — Hicks 1-257 

county. 

A. Is that a single member district? 

Q. It is a single member district within a large portion 

of the county, and that there is a majority White, 1t 1s a 

majority White district and that the Hlack wins in the races 

against a White candidate in the Democratic Frimarvy. Does 

= that change your analysis at all” 

A. No. I need to know what percentage White this county. 

that particular legisiative district is. 

a. Let's assume 1t 1s 51 percent White. 

A. Yes. 

BG. And that he gets &9 percent of the vote in the 

1) 

Li Democratic Frimarvy. Does that change vour analysis” 

oa I think that Blacks can very well win elections where 

you don't have a majority of Blacks in the area. There is 

no doubt going to be some crossover voting. 

a. In fact, enough tc give victory; correct? 

A. You wouldn't need a lot if vou had 49 percent Elack 

population, and EBlacks were voting very cohesively. You 

wouldn't need a lot of White crossover votinc. In fact, 1 

  

did some analyses where [| wesc 10 

district statewide in cities and school districts in all 

jurisdictions that adopted single member districts in cities 

and all that adopted single member districts in school 

=D gistricts. The total came out to appt 120 such 

  

 



      
PRPs oy on AST AGE Lad bt Se Sp ret SR ES te Bb Ls 20 a SESE 

Brischetto - {ross — Hicks 1-258 

jurisdictions, and over 250 single member districts. And I 

found that indeed there -are Elack and Hispanic candidates 

winning when you get even close to 50 percent of the 

population that is minority Rlack or Hispanic. 

GQ. Are you aware that there is a Black Judge elected 

county wide in Jefferson County. & County Court at Law 

Judge? Look at your Exhibit J=31. 

AB. No. 4-117 

B. No. 11. 

A. Okay. Yes. there is one sitting Judge in Jefferson 

County who is Elack. 

GQ. Are you aware that he has run and been elected and 

opposed at least once in Jefferson County. perhaps twice? 

A. I don’t doubt that. 

@. And are you aware that the one time he has been opposed 

he was opposed by a Rlack candidate in the Democratic 

Primary in 1982 or 19847 

A. I wouldn't deny that. 

@. Does that affect your analysis at all 

A. No. 1 think I would have to know whether or not in 

rndidate who would win. running against a kWhite c fu 

Q. Can you explain to me why in your view the fact that =a 

minority runs uncpposed for a judicial race county wide says 

nothing to vou about whether Whites voted as a bloc 

sufficiently to defeat the preferred candidate of 

SA RTT IE 7 YI NE TI TAT SE 

  

  

  

 



Brischetto — Cross — Hicks 

minorities? 

A. Well. in that context I think you would need some 

contestant he would run against.   8. Why doesn’t it affect that — 1 am sorry. 

In order to be able to tell whether or not there was 

White bloc voting. 

G. Well. 1 take it it is going to be pretty clear that aif 

gets any votes at Yo 3 the Black community running 

opposed he is the preferred candidate of the minerity voters 

and the Whites did not vote a bloc to deny him the 

election: right? 

A. 1 think that -—- 

RR. That kind of goes without saying? 

A. hat 3 why I lcok at contested races. 

Q. I can’t understand is why in your analysis do vou 

not factor in consideration of whether Blacks run unopposec 

in a county or Hispanics, if it is, if your challenge 1s to 

an Hispanic, on Hispanic basis. Why doesn’t that affect 

  your analysis, why doesn’t that say something about the 

monolithic nature of the White vote. or lack thereof? 

YOu brow. hime ibe I said, what 3 would 

is anaiv:ze contested races. it may. we have to look into 

the circumstances surrounding that. whether the Judge was 

appointed, whether he ran the first time in an uncontested 

contest. ran against a Black and so forth. Fut 1" think that      



  

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Brischetto — Cross — Hicks 3~260 

it would be a better test. and that is why I looked for 

those elections of White bloc voting to see those contests 

where Rlacks have come up against Whites. l1think that 

tells about the voters’ choices, because they dc have & 

choice in those races. 

1 9 What I don't understand is why you look at other 

factors when the minority candidate is uncpposed, & variety 

of other factors. and why when the minority candidate is 

cpposed vou exclude all other factors except the race of the 

voter and the race of the candidate. 

Fo. 1 don't look at races when the minority was uncpposed. 

When vou say I look at other factors? 

a. In drawing. reaching cpinions about whether the races 

are polarized voting, you just don’t consider at all the 

fact that if it happens to be in fact a particular county, 

that a candidate who is a minority runs unopposed county 

wide; is that correct? It is not a factor that you place in 

your analysis in any sense”? 

A. I am analyzing voting patterns in these very empirical 

analyses of how White voters vote, how Black voters vote. I 

am looking at those patterns. 1f we don't have a contest, 

then we don't have a choice, and we don’t have voting 

patterns for the two groups that we can compare. I suppose 

a political scientist might look into why a person can run 

opposed in a county as a minority and win. not get any