Thursday, October 30, 2014

 
WILL THE PEOPLE DRAW A LINE IN THE SAND OVER LINCOLN PARK
 
UPDATE:  Word from a prospective plaintiff associated with the Little League is, Rick Longoria promised the Little League everything under the sun to get them to back the sale of Lincoln Park.  This is the problem - these so called leaders will sell the children out to a smelly park for chump change.  Rick Longoria is worse than Tony Martinez because at least Tony does not claim to be someone else than he really is.  Rick Longoria has to be added to the recall list.
 
Recall is our line in the sand.  Will those who oppose the sale of Lincoln Park be willing to draw that line?  My money is on no - one by one Rick, Tony, and John will buy silence with promises which cannot be kept.
 
ORIGINAL POST
 
I am very encouraged that Valley Interfaith is standing with the community on this one.  There are two lines of defense: One the protests - this could end it.  But we have to do more than attending a meeting.  I am trying to cancel my engagement - we can do Boo at the Zoo tomorrow. 
 
It is not for me to tell the constituency of John Villarreal or Debbie Portillo what to do.  But I will follow their lead.  People in their districts, regardless of what happens with Lincoln park need to be willing to start a recall petition.  Whether the signatures can be collected is meaningless - it is the message of an organized recall which matters.  If people in their district are willing to organize such an effort I will be there to block walk for the signatures.
 
It does not end their.  Debbie Portillo and John Villarreal are willing to turn a blind eye to the criminal conduct of Tony Martinez.  Fine.  I have made a decision to call for a boycott of both of their businesses.  When they begin to feel their profits drop, they will learn.  Villarreal sells his product to local stores.  We must identify each and every customer of Villarreal and make it clear to them - do business with John Villarreal and we will not do business with you.
 
Every major car dealership in Brownsville funded Tony Martinez.  We need to let them know we will no longer buy cars in Brownsville until they distance themselves from Tony Martinez.  I myself expect to buy my new truck in Harlingen.  I was going to buy an Encore at Luke Fruia but have decided against doing business with anyone who supports Tony Martinez.
 
It is a stronger and better message to Austin if we win this with the first line of defense - namely protest.
 
But myself and others will continue to research the documents needed for the second line of defense - meaning court.  Right now I am waiting on copies of the federal grants used to build Lincoln Park to see if there is anything in the terms of the grants to stop the sale of Lincoln Park.  If there is, it could possibly give us jurisdiction in federal court.

Wednesday, October 29, 2014

 
ARE THE CITY OF BROWNSVILLE AND UT BOARD OF REGENTS ENGAGED IN A CONSPIRACY TO DEFRAUD THE FEDERAL GOVERNMENT
 
My investigation lead me to the TxDot office in Pharr.  This is what I learned.  Lincoln park was built in part with federal funds.  Remember at the time SH 77 was extended into Mexico the plans to make it IH 69 were already sealed.
 
A review of documents secured from TxDot show that federal funds were used to build Lincoln Park.  The terms of that grant money is binding on the COB.  So now in addition to the two relevant deeds, the terms of that federal grant money need to be reviewed.  I am hard pressed to believe that the federal grants allow TxDot and the COB to just abscond with the money.
 
Tony Martinez and Mark Sossi are the types to try and scam the federal government, but I am certain TxDot lawyers will do the right thing once they are forced to review the terms of the federal grants to build Lincoln Park
 
That is my next step - to secure copies of the terms of the federal grants.  I will not rely on the COB - I will be going back to TxDot.
 
The most effective way to fight this battle legally is, with TxDot lawyers making the argument for us.  I am certain Tony Martinez and Mark Sossi are asking themselves about this time - covenants in federal grants? 

 
CARLOS CASCOS ENDORSES JOE G. RIVERA AFTER VALADEZ FIASCO

Carlos Cascos having to admit Cris Valadez has cost him the vote of overweight people through his constant mocking of them and by extension insensitivity to diabetes, is now asking the voters of Cameron county to vote for Joe G. Rivera.

When asked about his own diabetes Cascos is alleged to have said Valadez has become a major embarrassment to him and his family.  He went on to say that his decision to endorse Rivera is his way of making amends for Valadez being so insensitive to this major health crisis in Cameron county.

Cascos is asking people to get educated on the issue and to stop promoting the type ignorance and bigotry promoted by Valadez and his drunk punk friend Montoya.  He gave an example of MOSH as one area of scientific evidence weight gain is not always about a lack of exercise and diet.

Playing them was not even a challenge.


THIS IS WHY WE MUST BE ON GUARD AGAINST LESS THAN REPUTABLE REPORTERS LIKE EMMA PEREZ-TREVINO

If you are going to defend misleading and in some cases outright false reporting then you have no right to complain about bad government.
 
READY FOR A YABBA DABBA DOO BIG TIME LADIES?

If Valadez and Montoya could learn the joy of Halloween, they might not be such horrible people.  Elton John of the gay mafia warned these two and now there are consequences.  Smile ladies it is going to be a BIG time.
 














 
IT IS TIME TWO CITY COMMISSIONERS PUT ON THE AGENDA CONSIDERATION OF A MALPRACTICE LAWSUIT AGAINST DIANE DILLARD ALONG WITH CONSPIRACY CLAIMS AGAINST TONY MARTINEZ, ABRAHAM GALONSKY, JULIET GARCIA AND THE UT BOARD OF REGENTS

Consequences - truly a four letter word in this town. People will come at me for demanding federal judge Andrew Hanen's wife, Diane Dillard, be held accountable for her conspiracy to aid Tony Martinez and Juliet Garcia in defrauding some of the poorest people in the U.S. of $2.3 million. 

I cannot think of a worse combination than a coconut like Tony Martinez aligning himself with plantation Anglos like Andrew Hanen and his wife Diane Dillard - there are plenty or writings even today that the slaves were better off on American plantations than being slaughtered in Africa - the problem with the argument is - it presumes the Anglos knew better than the black slaves - and that is the core problem.  That is the essence of racism.

Here is the deal - I do not care that after two city commissioners put the item on the agenda that they will never secure the votes - it is called a bold move - it is called getting the conversation moving.

I know we are all fatigued out over the current election, but the future of our city is playing out at this moment and the up and coming city commission and mayoral election should be on our minds now.

I do not believe in boycotts of businesses - but Debbie Portillo must face the consequences of her actions through her alignment with Tony Martinez. 
 
IT IS TIME TO BOYCOTT DEBBIE PORTILLO'S BUSINESS

Now do not fret guys - boycotts are an inconvenience to the people - it requires they take action - and we all know that is not going to happen.

I also know no two commissioners will put on the agenda the lawsuit I am proposing - why?  because Tony will always be there offering to back some project with money for any given commissioner when he really needs their vote.  Plus big moves are not what our commissioners are known for - at least publicly - behind the scenes is a different story.
 
THE CASA DEL NYLON DEAL

I reviewed every communication between Diane Dillard and the city, but more specifically Tony Martinez.  Diane Dillard would have us believe she was unaware she was representing the entire city commission which speaks for the people.  She would have you believe she did not know Tony Martinez was required to sign a conflict of interest form concerning the city's purchase of the Casa Del Nylon building.  This was an overt criminal act she had no problem aligning with because she knows she is part of the protected corrupt and unethical legal community of Cameron county. 

The DOJ only investigates federal judges and their family members when the judge refuses to go along with the DOJ's corruption - so expect nothing from the DOJ on this one - Hanen is in their pocket - he has made that clear through his unethical conduct in the Villalobos case.

We the People are out $2.3 million because of Diane Dillard's malpractice and conspiracy with Tony Martinez and the UT Board of Regents.  What is sad is, our city commission lacks the type leadership needed to bring this matter into the public eye.  They are not known for their big moves. So maybe it is time we stop whining about it.

Really, who is going to sue the wife of a federal judge and expect to survive - every lawyer in this town knows the retaliation will be swift with a deadly result as to their career.
 
THE SOURCE OF ALL OF THE NEGATIVE CAMPAIGNING
 
I hear it every day - election fatigue - people are so, so tired of this election.  What makes it worse is those who give in to the demand for money or else.  Compounding this are unethical reporters like Emma Perez-TreviƱo who play on fears to manipulate the ill informed into believing things which are not true.  I do not understand the handful of people who give her a pass for the same method used by the KKK to convince poorly educated Anglos that the Mexican men were going to rape their wives and daughters. 
 
People who play on fears are bigots - plain and simple - there is not pass.  Emma is not stupid - she knows what she is doing and does not gives a rats ass how it impacts the community - but then she like those she is writing for, Cascos and Garcia, cries me a river when people come back at her.  She will go to her grave settling the score with Villalobos, Limas and anyone she believes is tied to them for their decision to put out false information about her.  Their conduct was no more right than hers. 
 
No real newspaper would have allowed for an article on court orders such as the Herald.  Court orders are always complex and never so simple as a signature - which is why I said I did not like Magallanes' ad on the issue.  Judges all of the time sign plea bargain orders which seem unseemly - but in effect they have no choice - if they do not sign the order the DA may just drop the charges or later blame the judge when they lose the case.  Politics is not black and white
 
Oscar X. Garcia is a liar and he cannot deny this.  He knows he cannot point to one ruling by Judge Limas which ties Juan Magallanes to wrongdoing, which is why in the $30,000 loan deal Oscar X. Garcia fails to tell people the court of appeals upheld Limas' ruling in the real estate case effectively using a law which is more than 400 years old.  During the first week of law school you learn - all real estate contracts must be in writing - Oscar X. Garcia must have missed that day or is a liar. 
 
A review of the docket sheet suggests Juan Magallanes may not have been the initial attorney in the case. My question is, dismissal based on the Statute of Frauds should have happened right away and not after a trial.  If Oscar X. Garcia actually had knowledge of the law he would be asking, was it malpractice to not seek dismissal based on the Statute of Frauds from day one?  The answer is yes.   But then that would be an admission by Oscar X. Garcia that there was not wrongdoing by Magallanes and Limas in that case.
 
I hate deception and dishonorable reporters such as Emma Perez-Trevino because the end result is bad government.  We can only win the war against deception and dishonorable reporters if the voters reject their message.  Does it mean their victims are innocent? - no - if I remember my Sunday school lessons we are all sinners who need saving.
 
 
 
 

Tuesday, October 28, 2014

AN IMPORTANT DOCUMENT IN GERIATRIC CARE
 
In the last few weeks I have learned so much about geriatric care and our government's lack of one stop shopping to facilitate the process.
 
The good news is, with the exception of one small retirement check, my brother already had his VA benefit, social security and military retirement on direct deposit.  That one small check will cost me more money in time than it may be worth, but I will work on it until it is done.
 
Texas has a statutory power of attorney which has been very helpful, except that the banks needed their lawyers to explain to them what they are.  That was frustrating.  The Texas Veterans Commission is having their lawyers research if they are a federal or state agency.  Yes my friends the "Texas" Veterans Commission which is funded by the Texas legislature has hired lawyers to determine if they are a federal or state agency.  Intelligence was passed over a long time ago as a condition of working for the State of Texas.
 
Texas created a Statutory Durable Power of Attorney which is quite broad.  In my brothers case I added a clause that he still has to agree to everything in writing, and that he intended I use this only to manage his affairs but not make final decisions.  The way I did it allows me to interact with everyone at a state level, without giving me the authority to spend money or dispose of assets without his written consent. 
 
STATUTORY DURABLE POWER OF ATTORNEY click

 
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
 
You should select someone you trust to serve as your agent (attorney in fact). Unless you specify otherwise, generally the agent's (attorney in fact's) authority will continue until:
 
(1) you die or revoke the power of attorney;
(2) your agent (attorney in fact) resigns or is unable to act for you; or
(3) a guardian is appointed for your estate.
 
I, __________ (insert your name and address), appoint __________ (insert the name and address of the person appointed) as my agent (attorney in fact) to act for me in any lawful way with respect to all of the following powers that I have initialed below.
 
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH (M).
 
TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING.
 
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
 
____ (A) Real property transactions;
____ (B) Tangible personal property transactions;
____ (C) Stock and bond transactions;
____ (D) Commodity and option transactions;
____ (E) Banking and other financial institution transactions;
____ (F) Business operating transactions;
____ (G) Insurance and annuity transactions;
____ (H) Estate, trust, and other beneficiary transactions;
____ (I) Claims and litigation;
____ (J) Personal and family maintenance;
____ (K) Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service;
____ (L) Retirement plan transactions;
____ (M) Tax matters;
____ (N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS:
 
Special instructions applicable to gifts (initial in front of the following sentence to have it apply):
 
____ I grant my agent (attorney in fact) the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift.
 
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:
 
(A) This power of attorney is not affected by my subsequent disability or incapacity.
(B) This power of attorney becomes effective upon my disability or incapacity.
 
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
 
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
 
If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.
 
I agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.
 
If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent: __________.
Signed this ______ day of __________, _____________
___________________________
(your signature)
State of _______________________
County of ______________________
This document was acknowledged before me on ____________(date) by ________________________
(name of principal)
______________________________
(signature of notarial officer)
(Seal, if any, of notary) ________________________________________
(printed name)
My commission expires: ______________
 
 
 
For interacting with any private company, dealing with real estate or dealing with any state or local agency, this form gives me that power.
 
BUT THE FEDS WANT A SEPARATE FORM FOR EACH AGENCY.  My brother is tired of signing forms.  Once you get the form it can take 4-6 weeks for the feds to process it and notify you, you can start to act for your family member.  The feds need one form for all federal agencies.
 
BACK TO THE IDIOTS AT THE TEXAS VETERANS COMMISSION
 
They have documents completed by my brother and provided to them as a state agency.  I need copies of those documents in order to process my brother's request for VA care.  I cannot do this because according to the Texas Veterans Commission they need the form from the federal VA.  When I asked them where in the regulations it says that they need the federal authorizations they say, "we are the VA."  So now their lawyers understanding that state and federal agencies are not one and the same will prepare a policy statement for their employees explaining the obvious.
 
IS THE MODERN INCARNATION OF THE FILIBUSTER READY TO DIE?
 
In an extraordinary  ruling the DC court of appeals ruled that the Senate with impunity can write rules which are unconstitutional because no one has legal standing to challenge such a rule.  If this were true, then as part of its rule making authority could the Senate write a rule which says, it takes two women senators to equal one man?  We all know that rule would not fly.

The reason I think the Supreme Court will take up the question and with good chance rule against the Senate is, all 9 justices have stated that the modern filibuster is impacting the judiciary.  This is their chance to end it.  But even if they take the case, they may hold a ruling until after 2016, so as to deny Obama the ability to fill all judicial appointments, assuming the Democrats hold on to the Senate.

The Question I have been asking for years - can the Senate write a rule which substantively changes the constitution?  If the answer is yes, then the authority given the Senate by the people through the constitution has been usurped by a Senate which now operates independent of its constitutional powers.

"“Whether the Constitution does or does not require majority rule [in Congress], and, if so, whether the cloture rule as practiced by the Senate does or does not violate this requirement, are questions that require, and furthermore deserve, substantive answers from the judiciary. The D.C. Circuit Court’s opinion, which threatens to deny the country such judicial answers for all time, cannot stand.”

Click for full story

Monday, October 27, 2014

 
OSCAR X. GARCIA CRIES ME A RIVER OVER THE MUD SLINGING HE STARTED
 
To be fair I no more like this ad than I like Oscar X. Garcia's misleading ad over the $30,000 loan.  We know the court of appeals affirmed Limas' ruling in the real estate case based on a law over 400 years old - Oscar X. Garcia not having use for the law or facts simply chooses to mislead the voters - how honorable of him.
 
But what is really pathetic is when Juan Magallanes does the same thing to him he cries foul.  Based on Magallanes' ad I see no way I can go down to the court house to confirm anything he is saying.  Further, decisions are more complex than a signature on a ruling.  In sexual abuse cases it is not unusual judges are faced with agreeing with the wishes of the DA or face the DA dismissing the charges all together.  These stories are always more complex than a simple ruling.
 
MONTOYA TAKES A GOOD COMPLAINT AND LIES ANYWAY
 
Montoya would have you believe he called the Herald and they told him the ad did not pass muster and so it was rejected.  No one believes that.  What I am inclined to believe is inasmuch as the last time the Herald printed such an ad it was sued it chose to not go with the ad.  Or they were never asked to print the ad.  Where it did print was in Garcia's stronghold.
 
This story is really about Oscar X. Garcia starting a war of mud with lies and misleading ads, and then crying me a river when his opponent responds in kind.  Bottom line is, Garcia is a cry baby.
 
The funny thing about the ad is, it did run in the areas where Oscar X. Garcia has his strongest support.  It may not matter it did not run in Brownsville or Harlingen.


 
TEXAS SECRETARY OF STATE  COMING TO BROWNSVILLE


ELECTION FRAUD HAPPENS BECAUSE WE NEVER LOOK TO THE CHARACTER OF THE CANDIDATE

Dr. Martin Luther King Jr., asked that we judge one another based on the content of our character. I am not one to vote based on party affiliation. Character matters a lot to me. I will not hide the fact I rarely vote Republican. I will say 20 years ago, I voted Republican a lot more than I do today. The old Republican Party died a long time ago.

In the BISD election there is an Anglo trying to pass as a Latina. Why? Because we know, even though it is wrong, a Latina has a better chance of winning than a non-Latina. I do not like this. The blind Latina vote does not serve the people.

But what I dislike even more is an Anglo trying to pass as a Latina. This is the case of Shirley Bowman, running for BISD Trustee. Last time around she ran as Shirley Ann Bowman. This time around she claimed her nickname is “ la” so her name on the ballot will appear as Shirley “La” Bowman.

My mother crossed into the US here in Brownsville in 1947. She met my father first in Nicaragua and then Panama while he was working for PanAm. He was now on to New Jersey to work as radio operator for the airlines. While they were passing through Houston, my father was asked to leave the restaurant because he was with a dark woman, namely my mother, Alicia Conception Cervantes Gonzalez.

While living in New Jersey she suffered so much discrimination she feared speaking Spanish. The fear was so great it was my aunt and grandmother who would promote Spanish among my mother’s children. This discrimination became worse after daddy died in 63’.

Could you imagine a Nicaraguan widow with 7 children in 1963, Salt Lake City? It was no better when we moved to Long Island. People would not speak to her. She was brown, a widow with 7 kids, and Latina. It did not matter she worked as a hall  monitor in what was then called a school for the mentally retarded. It did not matter she attended Hofstra university to study to become a social worker. She was brown.

After being diagnosed with female hysteria [in 1977 women did not have heart attacks] and being put in the mental health ward she died of a heart attack, in the very hospital she spent years fighting to put signs in both Spanish and English. She had pride. Today a widow with 7 kids would not work and go to school at age 43.

Her entire life in the US was a battle against discrimination. But she never gave up. Myself in 1976, at my high school graduation there was no mention of the fact I had a full scholarship to UTEP, or that I was in fact going to a university. You see, my entire time in high school I heard the same thing from my guidance counselor. You are Latino and need to go to a trade school. I said no. Today I hold two masters and a JD. I never gave up – even after finding myself without parents by age 19.  I learned that strength from a Latina.

This is what angers me so about Shirley Bowman. Her total contempt for all the discrimination Latina women suffered. Shirley Bowman was the privileged Anglo during some of the worse times of discrimination against Latinas. But now that she wants to hold public office she wants you to think she is a Latina by having BISD place her name on the ballot as Shirley La Bowman.

This is a question of character, and not race. It is wrong Latina’s have the electoral advantage in Cameron County. I would hope we are at the point that character matters more than race. But it does not. And this is why we keep on voting into office the wrong people.

But in this case, character should matter because Shirley Bowman, not because she is Anglo, but because she is of low character, insults every Latina who has ever suffered discrimination.
 
And for the record, my mother left a home in Nicaragua with 7 maids.  My grandfather, Jose Angel Cervantes, was the president of the Bank of London in Managua.  My grandmother's family was equally placed as one of the families which held the status of one of Nicaragua's Mayflower families. 
 
My mother did not come to the US for privilege - she left privilege in her native Nicaragua to learn what it is to be the object of bigotry.  This is why I have so much contempt for Shirley Bowman.