Saturday, July 4, 2009

I TRULY HATE THE FOURTH OF JULY BECAUSE THE PEOPLE HAVE ABANDONED ITS MEANING

I hate the 4th not for what it should mean, but for what it has become. Well over two-hundred years ago a group of colonists decided they had enough of a king unwilling to accept the concepts of redress and due process. To most Americans redress means changing clothes.

Most people do not know, but for over 200 years the three Branches of Government, Executive, Legislative and Judicial have systematically changed our constitution to increase the power of the government while abolishing in all forms the true concept that sovereignty remains with the people.

People who have very little knowledge of history love to refer to our government as a "Social Contract." Our form of government has nothing to do with the ‘Social Contract" We function under a "Social Trust." This means that the sovereign, namely the people, act as the maker of the trust. In a trust the maker assigns to a third party the power to operate the trust under certain terms and conditions. If they fail to comply with those terms and conditions the trust provides for their removal. This is our constitution. The US Constitution, when read in conjunction with our Declaration of Independence, is a "Social Trust." The government exists at our leisure .

On this the 4th of July you might consider reading it. It is actually a lot shorter and less complex than you think. You see, fundamental rights are not something so complex that judges need to write 100 page opinions to justify their rulings. Our Founding Fathers proved it can be done in a few short words. It was simple, until put into the hands of lawyers, judges, and politicians who bastardized it and took it away from the people.

IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America
WHEN in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

Friday, July 3, 2009

PUBLIC ENEMIES IN THIS CASE ARE THE DIRECTOR AND WRITERS

If I were going to make a film of this genre I would study Arthur Penn's "Bonnie and Clyde." The director missed every opportunity to make this film interesting. The acting was dry and almost as if the actors were bored to be there. His girlfriend played by Marion Cotillard provided some depth to her role, but that is about it.
There is no real story other than showing a couple of his successful and less than successful bank robberies. There was simply nothing inviting about this film. Jumping around to endless bank robberies does not a movie make. The director chose to not provide us any background as to who Dillinger really was. The director also played down the people's interest in Dillinger. Dillinger had character and presence - you would not know this by this film.
Wait until it comes to HBO and there is nothing else worth watching at that moment. Hollywood is delivering a very disappointing Summer so far. I guess money is tight and creativity is dead.
FORMER JUDGE LIMAS, FORMER MAYOR TREVI O, AND COURT OF APPEALS ONCE AGAIN HUMILIATE SOUTH TEXAS WITH LEGAL CORRUPTION

FRIDAY'S ORIGINAL POST

http://brownsvillevoice.blogspot.com/2009/07/how-to-make-quick-7000.html

Well I am in between meetings and took the time to check Texas Supreme Court opinions issued every Friday. I do this to stay current, to check on cases wherein I may have prepared the brief, or to simply see what may be going on in my own case.

Basically Dollar General was sued. Judge Limas and Eddie Trevi o decided to proceed to trial with full knowledge Dollar General’s attorney was in trial in Houston.

From the Texas Supreme Court:

"On Wednesday at 1:30 p.m., the trial court called the case for trial. Neither Harrison nor Sachitano were present. The trial judge told the jury that he had received calls informing him Harrison was still in trial in Harris County, but that he expected Harrison himself to call, and that the "court [did] not take too kindly to their mannerism and the respect for the court system down here in south Texas." The judge discharged the jury, proceeded with a bench trial, and entered judgment against Dollar General.

The next day, the judge in the Harris County case faxed the trial judge a letter stating he had been having "difficulty making contact with [the trial judge]" and advising that Harrison was still in trial in Harris County. The letter provided, in part:

When I first learned there might be conflicting trial settings, I asked my coordinator to contact you and see if we could work on an agreement. She left several messages with your staff, and actually talked with you briefly on Monday. Since then, my staff has attempted to reach you by telephone on numerous occasions and left messages asking you to call me back. For some reason, we are having difficulty making contact with you. Realizing the seriousness of the situation, that justice and fairness were at stake, and out of desperation, I had my staff contact [the regional presiding judge] for advice. It is my understanding that his office has also had difficulty reaching you."
On ethics the following is also from the Texas Supreme Court.

"Finally, this record compels us to note that judges and lawyers should, and in most instances do, extend common and professional courtesies to other judges and lawyers. See Tex. Code Jud. Conduct, Preamble (noting, in part, that judges must strive to enhance and maintain confidence in our legal system and should be governed in their judicial conduct by general ethical standards); Tex. Lawyer’s Creed-A Mandate for Professionalism, III(11) ("I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel’s intention to proceed."). Here, despite attempts by other judges to contact the trial judge and both Lerma’s counsel and the trial judge being aware that Dollar General’s counsel was in trial elsewhere, judgment was entered against a party that by neither word nor deed exhibited intention to abandon or frustrate the proceedings. It is a credit to the trial bench and bar that this type of record rarely ends up before appellate courts."

http://www.supreme.courts.state.tx.us/historical/2009/jul/080032.htm

During the last judicial race I saw these two turkeys in the NY Deli. This influence peddling on judges must stop. I fully expect to finally be in federal court next week seeking to end this corruption. I accept that the scum in this town will continue to refer to me as a cancer for fighting the corruption in our courts, but such is life.

The trial briefs show that this case was in Judge Murray’s court waiting for Judge Murray to pass it due to conflicting trials in a criminal case when according to Dollars attorneys it was taken to Judge Limas’ court. They also show that Dollar General won at the Court of Appeal level until a change in judges due to an election changed the "law." I will be checking campaign finance reports to see just how much was paid to the judge who changed the original opinion to favor Trevi o and his client.

http://www.supreme.courts.state.tx.us/ebriefs/08/08003201.pdf

"Before the proceeding concluded, a very young attorney for Dollar General
appeared and was surprised that the case was marked ready. The attorney for Dollar
General explained that "there must have been some kind of confusion with my secretary.
… I thought she had called back to clarify that we would actually be [in Houston], Cliff
[Harrison] is set preferential for Tuesday in trial in Harris County." 3 RR 4.

Judge Murray foresaw that his crowded docket would probably moot the issue:
"I’ve got a whole bunch of stuff for next week, so I can probably – we’ll worry about it
whenever the time comes. … I’ll mark it ready and we’ll see what happens." 3 RR 4-5.
Facing a young lawyer, Plaintiffs’ counsel now wanted to keep the scheduled date.
He suggested finding a different judge who could try the case. "If we can find another
court, Judge — " But Judge Murray deferred any decision until Monday: "We’ll see
what happens when we get here on Monday. I don’t ever object to people going to
another Court, but I’ll deal with this other issue." 3 RR 5.

On Monday, counsel appeared, and the attorney for Dollar General advised Judge
Murray that its lead counsel was in trial at the moment and was unable to appear for trial.
CR 184-85. Judge Murray wanted to handle other matters on his criminal docket before
determining what to do. Id. Counsel were to confer and stand by for an answer. Id.
The case is transferred to Judge Limas and fast-tracked

Plaintiffs pounced into action. While Judge Murray went through his docket,
Plaintiffs’ counsel went down the hall and picked an available judge. CR 114.
He then walked back into Judge Murray’s courtroom and orchestrated a transfer. He told
defense counsel they would be picking a jury in 15 minutes. Id. He grabbed the case file
from the clerk of the court. Id. He walked the file down to the Hon. Abel Limas, the
judge of the 404th district court. Id. In a matter of minutes, the case was called for trial."

Thursday, July 2, 2009

HOW TO MAKE A QUICK $7,000.00 - OFFER TO DO BOGUS BUSINESS WITH THE CITY OF BROWNSVILLE - HEY GUYS I CAN GET YOU MICHAEL JACKSON FOR $25,000.00 - TRUST ME SORRY CHARLIE I CAN DO IT

This is Friday’s post. I have meetings all day and have an early day. I hope to have a movie review if I finish my meetings on time.

First a $26,000.00 check mysteriously falls into Mayor Ahumada’s business checking account. Now the city negotiates a contract with a non-existent booking agent for Boys II Men. At what point is this City Commission going to demand better accounting practices within the City of Brownsville?

I do not know who negotiated this contract. I do not care who it was, but "you’re fired" should be the next words out of City Manager Cabler’s mouth. The next act should be the City Commission having a special meeting if necessary to conduct a full investigation as to why accounting practices remain so lacked within the City of Brownsville.

With every day that goes by I just want to move away from Brownsville. I forward these stories to people outside of Brownsville and they always ask the same thing - how can it be so bad? Answer, because our City Commission is a joke - until we have a city commissioner willing to tell his/her fellow city commissioners that they will not be held hostage to future support in terms of support for their agenda items, and routinely go public with such threats nothing will change.

Everything within this hopelessly inept and corrupt City Commission will remain the same. Leadership is not about compromise or following, it is about leading. While I have very little use for this mayor, he has done more to lead this city than the rest of the City Commissioners combined. Yes he has made mistakes, but at least when it comes to leading he has no fears. It would be nice if just one City Commissioner would join our mayor in leading the city.
MOVIE CHOICES - "PUBLIC ENEMY" OR "ICE AGE"?
THE INFLUENCE PEDDLING IN SOUTH TEXAS GETS WORSE BY THE MINUTE - ADMINISTRATIVE JUDGE BANALES LATEST TO BE ACCUSED OF TAKING MONEY IN CONFLICT CASE

"Valdez filed exhibits showing campaign contributions Banales and his wife Peggy, a former county commissioner, took from law firms that shared attorneys fees with Celis or represented him in civil cases. Also, the firm representing Celis in the current case is listed as part of the host committee for a Banales fundraiser scheduled for Monday, the Corpus Christi Caller-Times reported in its Thursday editions."

http://www.chron.com/disp/story.mpl/ap/tx/6497247.html

Now personally, I think the defendant in this case is guilty as sin - so you know my bias - But it is as if the latest United States Supreme Court decision on the matter is meaningless - until Governor Perry steps in and calls for a special session to end the giving of money to judges - justice will not be an option in Texas
IN AN ACT BEYOND SURREAL SANCHEZ’S ATTORNEYS PUSH THEIR CORRUPTION

Every attorney knows that once a judge is constitutionally disqualified for influence peddling, any orders or acts by said judge are void. Robert Sanchez’s attorney Monte English, with the tacit support of his corporate attorney James Hunter of Royston Rayzor, in retaliation for my criminal complaint tried to get Judge Wittig to issue orders of retaliation against me dismissing my case. What is remarkable about this is, Monte English did same after reading my previous post and with full knowledge that his act would implicate Robert Sanchez and Captain Bob’s Restaurant in possible criminal conduct.

Yesterday we learned that Don Wittig, acting as Judge Wittig, accepted he had become constitutionally disqualified and removed himself from the case. It is simply beyond surreal for any attorney to run to a person who is not even a judge in the case and who is disqualified by the Texas and US Constitutions from acting in the case and ask that they sign orders, especially orders which have as their purpose retaliation for me going public with public corruption.
At this stage of the game Judge Wittig could claim mere incompetence by not having good safeguards in place to prevent the unethical conduct of Monte English. But claims of incompetence will not fly so long as he has not along with his partner Leo Satzman referre Monte English to the State Bar for disbarment. Influence peddling on a judge destroys the people’s confidence in the system. I can think of no single act by any attorney worse than attempted influence peddling on a judge. If this does not merit disbarment nothing does.

At the next hearing the first order of business will be the disqualification of Monte English, James Hunter, and Peter Zavaletta. The evidence of attempted influencing peddling on Judge Wittig, and conspiracy to commit same, will be put before the court. Peter Zavaletta’s documented lies will also be put before the court.

On Peter Zavaletta let me say every single Cameron County judge who has had a case with Peter Zavaletta is a worthless hopelessly corrupt piece of shit. A very long time ago these judges should have been pushing for his disbarment, but like cowards running from battle they have not. In many ways these judges have corrupted the court far worse that Monte English’s attempted influence peddling on Don Wittig.

I think of every veteran who has died in war or come back wounded and these judges’ contempt for their service. These soldiers have given their lives in defense of our constitution and laws. And what response do scum of the earth like Monte English, James Hunter, Peter Zavaletta, and the judges of Cameron County give these soldiers and their families - "your sons, daughters, fathers, and mothers were fools for giving their lives in defense of the constitution and laws of the United States - we own it and corrupt like syphilis infected whores driven to destroy everyone in their path for their own failures as human beings."

My view has always been the same when it comes to the constitution and being a lawyer. The act of soldiers giving their lives or being wounded in defense of our constitution becomes meaningless if lawyers are not willing to equally, whether symbolically or otherwise, give their lives or be wounded on the courthouse steps in defense of the constitutional and laws. I have done this and will do it again and again and again. It should be no shocker without regard for the facts or reality Jerry McHale has condemn me for same. Because for Jerry McHale people like myself who go after those who defend child molesters are a cancer to be destroyed.

The corruption will end in this case and in the Cameron County courts. It should be no shocker to anyone Jerry McHale so long as it suits his agenda is standing with the corruption seeking to destroy anyone seeking to expose same.

Wednesday, July 1, 2009

ANOTHER HODGEPODGE DAY - THE MAYOR AND EARTHQUAKES

This morning’s article in the Herald concerning the Mayor and the dogfight is ridiculous and evidence of just how biased the Herald has become against the Mayor. It also reflects just how desperate the Herald is to oust the Mayor. I have received multiple complaints by assistant fire chiefs who claim there are multiple safety problems within the fire department which are not being addressed. This is the story behind the story. The Herald refuses to report it because it does not have the drama of Mayor seeks to terminate Chief over chief. When a newspaper is willing to sacrifice the safety and welfare of the people to push their individual contempt for the Mayor it is fair to say the newspaper has become the enemy of the people.

This City Commission needs to demand copies of all complaints by the assistant fire chiefs. They will learn there is a problem. One can only hope a tragedy is not required before the City Commission investigates the problems within the fire department.

CLEBURNE TEXAS - WHERE THE GROUND SHAKES ROCK AND ROLL

No one knows for sure what is happening, but since they began drilling for natural gas in the area, this small town southwest of the DFW area has experienced numerous earthquakes. This is not a new phenomenon. When Russia was still the Soviet Union they perfected the process of setting off underground blasts to cause earthquakes. It has long been believed that a major earthquake in Afghanistan was caused by such a blast.

http://online.wsj.com/article/SB124476331270108225.html

My question is, should we stop drilling for natural gas in the Cleburne area until the geologists can rule out the drilling as the cause for these earthquakes?