Rudy Delgado, former Judge of Hidalgo County's 93rd District Court.

Rudy Delgado, the Texas judge who was convicted in a bribery scandal July 11, has asked the court to acquit him regardless of the jury's guilty verdict.

Delgado, former judge of Hidalgo County's 93rd District Court, took bribes from Edinburg solo practitioner Noe Perez in exchange for favorable rulings in criminal cases like granting personal bonds, dismissing charges and dismissing cases. A jury in the U.S. District Court for the Southern District of Texas in McAllen found him guilty of obstruction of justice, three counts of federal program bribery, three counts of Travel Act violations and conspiracy to commit bribery concerning programs receiving federal funds.

While his bribery case was pending, voters elected Delgado to the 13th Court of Appeals. The Texas Commission on Judicial Conducted suspended him before he took the bench. On July 19, he resigned the bench “with much regret,” said his resignation letter.

“Given the verdict in my case, and although I continue to have trust in our system of justice and remedies afforded all persons, I feel I should tender my resignation to serve the public interest,” Delgado wrote.

Delgado's motion for judgment of acquittal and motion for a new trial, filed Monday, said there's overwhelming evidence he lacked criminal intent, and that the government lacked evidence to prove certain elements of its allegations.

Michael McCrum, McCrum Law Office, San Antonio

“Lady Justice has a blindfold for a reason—to guard against the strong influence of human emotion on decisions affecting lives,” said McCrum Law Office founder Michael McCrum of San Antonio, who represents Delgado. “Hopefully, the motion I prepared adequately puts the legal issues in their proper perspective. We believe our legal position is compelling.”

The motion said his conspiracy charge relied on a “speculative finding” that Delgado and Perez had an agreement that Perez was exchanging money, and in one instance a $15,000 truck, for Delgado's official actions.

“As Perez repeatedly testified, there was never a quid pro quo agreement between he and defendant,” the motion said. “He expressly testified there was no 'understanding' between the two to commit bribery.”

The bribery and Travel Act violation charges were based on assumptions that Delgado took the money with the express intent to take official actions, the motion said. It questions the propriety of the government's $5,000 valuation of one bribe, when Perez gave the judge just $260, and in exchange, Delgado granted a client a $5,000 personal bond.

“The Fifth Circuit looked at the amount paid by the briber to the official to determine the value,” the motion said.

Delgado maintains that the evidence proved Perez paid him $260 on two occasions to buy firewood, and a third time, gave $5,500 that was part campaign contribution and part donation to Delgado's charitable foundation.

Among other things, the motion said that the obstruction of justice charge—based on allegations that Delgado interfered with a grand jury investigation in a text message he sent to Perez saying his campaign contribution needed to be a check, not cash—lacked evidence that Delgado even knew about the grand jury or believed the text would obstruct an investigation. The motion said that U.S. Supreme Court precedent required the government to prove more.

“The jury must have been presented with proof beyond a reasonable doubt that defendant intentionally and actually impeded, influenced or obstructed a federal grand jury proceeding, or intentionally attempted to do so,” Delgado argued in the motion.

The motion said if the court doesn't grant Delgado an acquittal, then it should grant a new trial.

Angela Dodge, spokeswoman for the U.S. Attorney's Office for the Southern District of Texas, didn't immediately return an email seeking comment.

Related story: Guilty: Judge Rudy Delgado Convicted on All Counts in Judicial Bribery Case

Read Delgado's motion: