Attorney for Brownsville priest accused of child sex crimes moves to dismiss indictment

BROWNSVILLE, Texas (ValleyCentral) — The lawyer representing a Brownsville priest accused of several child sex-related crimes submitted a motion to quash the indictment.

Fernando Gonzalez Ortega, who was serving as a priest at St. Luke's Catholic Church in Brownsville when he was arrested, is facing a six-count indictment.

On June 7, Gonzalez Ortega's attorney, Cesar De Leon, submitted a motion to "quash," or void, the indictment.

For counts one and two, he argues to quash on "vagueness," stating that it was not clear what body parts are being referred to when the indictment states "touching the genitals." It also states that Gonzalez Ortega was not given sufficient notice of the charge, and is unable to prepare to defend those allegations.

For count three, the defense claims the indictment fails to specify what is meant by "penetrate" and "sexual organ."

"It is unclear what the 'sexual organ' of both the defendant and the complaint are;
for example, penetration could be 'penis / vaginal', 'anal/vaginal', 'penis / anal,'" the motion stated.

The defense claims again that Gonzalez Ortega does not have sufficient notice of the charge against him, and could lead to an unfair trial and "trial by ambush."

In reference to counts four and five, the motion reiterates that the indictment fails to specify what is meant by sexual organ, arguing that the language "makes it impossible to determine" what Gonzalez Ortega is accused of.

For the final count of "sexual assault by clergyman," the defense claims the date of the offense would put the victim at 21 or 22 years old, above the age of consent. The motion states this would "[render] the count crimeless."

"Put simply, the indictment would fail to indicate a crime because the complaint is above the age of consent," the document stated.

The motion concludes by stating "the defendant prays that the court quash the indictment and order it dismissed."