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Judge permits Osvaldo Hernandez Elias to take March business trip to Mexico with testing condition

2432781 · February 26, 2025
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Summary

Fort Bend County Court at Law No. 1 allowed defendant Osvaldo Hernandez Elias to travel to Mexico March 3–7 for work, subject to existing bond conditions and a drug/alcohol test within 24 hours after his return.

A judge in Fort Bend County Court at Law No. 1 on the record allowed defendant Osvaldo Hernandez Elias to travel to Mexico from March 3 through March 7 for work-related training, with the requirement that he complete a substance test within 24 hours of his return.

Defense attorney Krumholtz told the court that Hernandez Elias, 53, has complied with bond conditions, has installed an ignition interlock on his vehicle and has no prior criminal history, and described his employment and frequent international travel. Interpreter Pamela Pizzuro was sworn and assisted with translation during the hearing.

Krumholtz said Hernandez Elias is a naturalized U.S. citizen who was admitted previously on an L-1 visa and “has 2 master’s degrees, 1 in environmental engineering, 1 in quality control,” and that his employer, the Derek Corporation, requires periodic travel to Mexico for training and consulting. The defense asked for permission for the March 3–7 trip and said Hernandez Elias had a UA (urine analysis) scheduled before departure and another on March 10.

The prosecutor told the court that the state had no record of bond violations and deferred to the court’s discretion, asking that Hernandez Elias be tested both before and after travel and that he provide his itinerary to his pretrial officer. The judge said the pre-departure UA already scheduled was acceptable but modified the travel order to require a UA within 24 hours of the defendant’s return.

The judge noted that, because the trip is business-related and required by the defendant’s employer, travel of three to four days is ordinarily allowed and reminded counsel that future international travel requests should, when possible, be limited to three or four days.

The defendant was excused from court after the order was entered. No further changes to bond conditions were announced at the hearing.