Saturday, March 25, 2017


This petition came close to a 1000 people.  People need to continue.  Outside the Tipton family I have had discussions with people interested in an online and block walk petition to AG Paxton to bring the mandamus against Judge Bañales on the bad spoliation instruction..  This is so much bigger than Mary Tipton.  A careful review of the law shows the victim has nearly no rights against a corrupt DA or Judge.  This mandamus can open  that door for all victims state wide.  I will have more if the people who have contacted me decide to move forward.  For now I am leaving Ralph to heal.  Below this link I am posting what Ralph posted after the verdict.  I believe he was guided by divine providence in selecting this post.

The current petition: Click to go to Petition



First a lot of people asked me why I did not cover the failed Affordable Healthcare vote yesterday. The answer is simple, if you were on the internet trying to find blog coverage of the story, your home page would have had a ton of links to national news organizations on the story and zero on this one. Yea I think most people got the story by simply clicking on a link on their home page.  Plus this story was too important to be mixed in with the failed politics of Washington.


I know it is almost unheard of for a DA to appeal a verdict in a criminal case.  I reviewed the Texas Code of Criminal procedure and it appears Saenz's only option may be a Mandamus, which is what I said he should have done before the question went to the jury.  Saenz intentionally did not do his job.

It appears based on a review of appealable issues by the DA a mandamus remains the only viable option.

The case law is 100% on Saenz's side.  He will not use it because he is part of this corrupt deal.



"Any federal constitutional duty to preserve evidence is limited to evidence that might be expected to play a significant role in the suspect's defense. California v. Trombetta, 467 U.S. 479, 488 (1984). "To meet this standard of constitutional materiality, [citation omitted], evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means." Id. at 489. "[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." Arizona v. Youngblood, 488 U.S. 51, 58 (1988)."

Given the fact it is a crime in Texas to leave the scene of an accident, was it apparent to Det. Clipper that the evidence was exculpatory when at most the evidence on the tape showed the Hernandez family came back after the accident to search for the dead skunk.  As a matter of law such as Judge De Coss found based on the sworn testimony of the son, Marisa Hernandez did not immediately stop and render aid.  This is an established fact independent of what was on the tape.

Second the son was allowed to testify as to what exactly the tape could have shown.  Given this established fact how could Judge Bañales have found the was no other reasonable means to obtain the same evidence?  The son testified they went and searched the area, which is what the tape would have shown.

No my dear friends, this case was corrupted from day one.  The Washington FBI needs to bring Bañales in and then charge him with obstruction of justice in addition to violating the civil rights of both Mary and Ralph Tipton.

The ruling was clearly bad, and Saenz had his team sit there and do nothing because he was in on it.

Washington needs to put it to Saenz that he immediately files the Mandamus to get a new trial, or face a presumption he was in on the corruption.

I will admit I am not in an area of the law I am comfortable with, and by area I mean how a DA gets around corrupt and bad rulings by judges.  It is a complex area.  But it can be done. Justice belongs to both sides, not just the defendant.

Friday, March 24, 2017


Let me begin with I respect the jury verdict.  This is never easy.  The problem is Judge Bañales wrongly allowed for the spoliation instruction which really put the jury in a bad spot in terms of whether or not the full tape would have shown exculpatory evidence.

It is almost unheard of for a not guilty verdict to be appealed.  Saenz needs to appeal this verdict on the spoliation instruction.  This is an important issue to the jurisprudence of our state.  If Saenz fails to appeal, he is not doing his job.

The FBI is not stupid.  They know the spoliation instruction was wrong.  They know the meaning of immediately render aid.  They know Marisa Hernandez's son conceded the point.

Double jeopardy does not apply to possible prosecution under a federal statute.

Again the jury did their job with what they had.  When I read the spoliation instruction was granted I knew the verdict would be not guilty.  The jury had no way of knowing if the full video would have proved her innocence.  Based on the jury instruction, the jury carried out justice.  Remember justice is not about innocence or guilt it is about the jury having to make a fair decision based on the admissible evidence and the judge's instruction.  The jury did its job.

The question now is, will Saenz do his job and file an appeal claiming the spoliation instruction was wrong and biased the jury in a way that the verdict was tainted by the bad spoliation instruction.



The case went to the jury before lunch.  They remain out.  As soon as a verdict is known, I will post it.


There is no issue Detective Clipper failed to preserve evidence in this case.  But the question is, was the evidence material?  The charge is failure to immediately render aid resulting in death.  In Texas failure to remain at the scene of an accident is a crime.  The deposition evidence given by Marisa Hernandez's son proves she did not remain at the scene to render aid.  This is separate and distinct from the fact the video clip shows she did not stop.

The online docket sheet shows the DA filed a Motion to Withdraw Evidence.  The online docket sheet I can see from home does not tell me the content of the motion so I have no idea what evidence the DA sought to withdraw.

The Herald is reporting that Judge Banales granted the defendant's motion for a spoliation instruction to the jury.  The issue is Detective Clipper's failure to secure the entire video of the accident.  While Detective Clipper should have been fired for his actions they are meaningless.  The second Marisa Hernandez left the scene she committed a crime under Texas law.  So a video which shows she came back later to search does not overcome she committed a crime by leaving the scene.  It does not overcome the key question as to the jury charge, Did she stop and render immediate aid?  She did not.
Judge De Coss had already reviewed the evidence and found she did not render immediate aid.  Why did Judge Banales reverse Judge De Coss?  How would the missing evidence have changed the fact Marisa Hernandez failed to stop, which independent of the death of Mary Tipton is a crime?

DA Luis Saenz can get the mandamus filed in time before the jury charge is formally submitted to the jury.  He will not.  This is the same question the Assistant US Attorney asked  DA Villalobos' appellate attorney when Judge Limas issued an order which was clearly outside the law and resulted in Amit Livingston a confessed killer to walk out of court.  The question was, why did Villalobos not authorize the mandamus?  Saenz might want to keep this in mind and if necessary ask for a delay in taking the case to the jury so that the court of appeals can rule. Saenz will not do his job.  This was a set up from square one.  Saenz would still have the right to appeal the ruling, but he will not.

Justice has been denied.  It does not matter if Marisa Hernandez is found guilty.  There was still a calculated plan to deny Mary Tipton justice.

Thursday, March 23, 2017


What the hell is going on? I reread "Political Thinking" to regain focus.  Social media is by no means a scientific measure of what is happening with the American people or even the world.  But with FB through your friends and family you begin to gain an insight.

Then there is the news media, which has been reduced to repeating the same inflammatory stories over and over again from a different angle.  People, people in this country have real problems, but the national news media seems to feel they have to point out daily Trump is a horrible president and a liar.  Well if you have not come to that conclusion yet, you are probably too stupid to read anyway.

And I do not want to hear "Hillary this and Hillary that."  I did not support her and if I had a daughter I would have fought even hard against her because she is the last person I would want my daughter to look to as a role model as the first female president.

I also do not want to hear about the Democrats.  I am done with them.  You want to blame someone for Trump - blame Hillary and the Democrats.  They gave us Trump by dismissing the American people as lemonistic followers of the Democrats because Trump used the word pussy.  Well news flash for the Democrats - Bill Clinton sullied the oval office by having sex with a White House worker in the oval office, while married to Hillary.


It is hopeless and it no longer exists.  Lawyers as a class and judges as a class are free to do as they damn well please and there is nothing any one can do about it.  There are some good judges and lawyers, but they know if they speak out their careers will come to an end.  So they do their best to do justice when they can.

Things are so bad the Texas Supreme Court absolutely refuses to recognize federal law as to US Supreme Court jurisdiction.  In all civil cases, petitions for writs of certiorari in cases to be taken to the Supreme Court from courts of appeals or from state courts must be filed within 90 days after the entry of judgment. See 28 U.S.C. §§ 1254, 1257, and 2101(c).  The Texas Supreme Court has changed federal law to now limit the time to appeal to 30 days.  They cannot do this, but who is going to stop them?  

For certain matters the US Supreme Court and federal law require certain motions be presented to the Texas Supreme Court during this 90 period.  The Texas Supreme Court will not accept the filings after 30 days, screw federal law.  The problem -  they have no competently trained lawyers or judges.  We are at a point a political decision is made, and that is it.  They do not even look to the law.


I keep on hearing why are the same stories played over and over again?  My answer is the same every time.  There is nothing new to report.  How many times do you need to hear about the Casa Del Nylon debacle before you understand it?  How many times do you need to hear about the ring mess at BISD before you understand it?  

The BV does not break many stories any more for one simple reason.  I have spend a lot of money researching evidence and buying documents through open records.  No one cares - we have a police chief running cover for officers who turn a blind eye to prostitution so long as they can get a little head for free.  We have a police chief who promotes officers who compromise evidence in wrongful death cases.  We have a police chief who bends over on command by Saenz and refuses to file the proper paperwork in criminal cases because Saenz says so.

We have TAB telling me they will not issue a citation to the owner of International Bingo for selling beer without a license and to a minor because they know he gives enough money to Saenz to keep from being prosecuted.  

The readers know this town is one big freaking criminal enterprise.


Not worth my time.  Social media is a powerful medium if used properly.   What are the issues?  For 12 years I called for robotics training to bring manufacturing jobs to the area.  TSC trustees just drooled and said "What?"  It took the governor to see the incompetence of our local yokels to bring us the robotics training center so we can attract jobs.

What is our water policy?  Why is there dead silence over Space X going quiet and refusing all public information requests by all news organizations when it comes to Brownsville.

Why is there dead silence over the airport mess and Brownsville's inability to meet Space X's need for a 10,000 linear foot runway in time for their first launch?  Has Space X realized Brownsville's leadership is hopeless and going to move its Brownsville operations to the launch pad provided to them by NASA which had been closed down for years?

Dead silence on calling for outside criminal investigations into the inside dealing by Tony Martinez.  Are the pathetic candidates too afraid of the powers that be to call for an investigation?

In my opinion the only election which is undecided is Neece v. Villarreal.  I do not get to vote in that one. Has either candidate even noted issues, let alone the ones I mentioned.

We need change will not get people to vote.  After this Trump mess I think people are just done with voting.  This is one thing I am for sure getting from social media.


I will not repeat the same stories day in and day out.  Yes I have done a lot of posts on the Mary Tipton case.  But there is an ongoing trial with a multitude of problems which need coverage.  I unfortunately am working long hours on other civil right issues.  I have not been to the trial.  I am covering it based on the coverage by other people.  I hope to have a story on a TV station which was asked to leave the courtroom.  I have independent confirmation from several sources, but not the reporter and until I have her side, I have no story.


Exposing corruption in this town and county is like pissing in the wind.  You will make no headway because at every level, the corruption exists and there is no one to fight it.

The bloggers will do their best to cover it, but I can tell you my readers are tired of it and very tired of reading the same story over and over again because we are not getting out there and reporting on the people.

Ring a bell?  That is how the Democrats lost.

Wednesday, March 22, 2017


I hope to finish my work on the case that has me all consumed by this weekend.  At that time if anyone who had their rights violated by Pinocchio Mustache Bañales is willing to work with me I will prepare the complaint to the Commission on Judicial Conduct to have his judicial credentials removed, to be copied to the Administrative Judge so the evidence will show she knows exactly what is happening under Pinocchio Mustache Bañales, and to the criminal section of the FBI in Washington which investigates criminal civil right violations under 18 USC 241 and 242.

We fight or roll over.  I will do the work, but the victims will have to sign off on their affidavits and the complaint.

From Jim Barton:""Defense Attorney Ernesto Gamez conferred with the two prosecutors and then the three men approached Judge Banales.  Banales quickly dismissed the jury.

"Do we have a blogger in the courtroom?  If so, please stand up and state your name," asked and ordered Banales.

"Jim Barton."

"Are you aware that it is against the law to blog from this courtroom using an electronic device?" Banales asked.


"Are you doing so?" asked the judge.

"No.  My cellphone is off and in my pocket."

I wanted the judge to have the bailiff note that my cellphone was off, but he simply warned:  "You will face a $500 fine and up to 180 days in jail for each occurrence,  Then, he called the jury back in."

I am commenting based on what was reported.  If these facts are accurate Judge Bañales needs to be criminally prosecuted, and have his judicial credentials removed.

First, it appears Gamez instigated the event.  It also appears Gamez had zero evidence to prove his claim, but simply wanted to stop reporting he decided would not be favorable to his client.  For his acts the State Bar needs to take action.  I will also help with that complaint. Once Bañales learned he was played by Gamez he should have held Gamez in contempt for manipulating the court and bringing its intergrity wrongfully into question.  He needs to hold Gamez in contempt for his actions and then recuse himself from the case. 

Pinocchio Mustache Bañales being devoid of any knowledge of proper judicial proceedings immediately went for the kill with no evidence on the record which could be used to hold someone who commits perjury accountable.  If Gamez had evidence Jim Barton was in contempt of the court's instructions an honest judge would have sworn him to testimony of same.  Pinocchio Mustache Bañales chose it ignore Barton's right to confront his accuser.

Barton was brilliant in offering to have the bailiff inspect his phone.  So in the end Gamez was a liar for the sole purpose of trying to control freedom of the press, and Pinocchio Mustache Bañales went along with it because he has nothing but contempt for Freedom of Speech.

We are well past the time for this show to end and for the case to be retried in Nueces county where both Marisa Hernandez and Mary Tipton can be assured of a fair trial.  There must be a new judge.

Remember Bañales and Gamez, the FBI can and will force Saenz to appeal any dismissal of the case based on each of your own conduct.  Bañales and Gamez had every right to have this case moved to Nueves county and did not.  You cannot know a fair trial is impossible and then refuse to move it so that you can later  justify its dismissal.


"Sears Holdings (SHLD), the holding company for the two iconic retail brands, warned investors late Tuesday that it can't promise it will stay in business."

Source: CNN

Brownsville got lucky that it was McAllen to lose JCP and not Brownsville.  Foot Locker has announced it will close another 100 stores in 2017.  If Sears closes, Brownsville Mall will be on a downfall from which it may not recover.  The list for Foot Locker closings has yet to be published.

I get it, our city commission fails to understand basics.  But we must make saving the mall an election issue.  I know people hate tax abatements or discounts, but we must begin the process of meeting with the mall owners and stores to find out what needs to be done to insure the mall's future.  But trust me I know the idiots who run Brownsville, the reality of a mall closing is not even on their minds.

Tuesday, March 21, 2017



The below was posted on his FB page.  He is claiming the judge ordered the DA to tell Ralph to tell his friends and family to stop exercising their right to free speech.  The infracture which caught Judge Bañales ire could have just as easliy been done by a Marisa Hernandez supporter to get the case thrown out, but apparently Judge Bañales has no interest in getting to the facts.  The security footage in front of the court could tell us a lot about who acted in this event.

From Ralph:

"Hello friends and family. I was told by the Cameron county D.A. office ( Oscar Guzman) that the judge told him to tell me that "some one put up a sign in front of the court house" exercising there right to free speach of course. I was told it was a picture of my late wife Mary Tipton. Thank you for having her in your thoughts. I was told to tell my friends and family that if it happens again the case could be thrown out and won't be retried. I informed them I did not do it and I didn't know who did..I told him I do not have the right to tell people not to do something they have a right to do. It did not matter. He reinforced his original statement and told me it was from the judge. 
He told me again to tell all my friends and family not to do anything...or the case would be thrown out...even though I can't controle the actions of others. Nor do I want to.. So I am doing as was told.. I am informing everyone.

The decision to deny both of these women a just and fair trial was made by Judge Bañales, who had the legal authority to move the case to Nueces county, and Ernesto Gamez, who has complained about the pretrial publicity and has tried to unconstitutionally stop it, but chose not to see a new venue based on pretrial publicity. We in Cameron county know justice is bought and sold in Cameron county like cheap hookers downtown. The blogs have been instrumental in exposing the injustices."

Based on the above I now ready to demand Judge Bañales stop the trial, declare a mistrial, and move the case to Nueces county.  The FBI needs to be all over Judge Bañales for failing to do his job as a judge and on his own motion moving this case to Nueces county.  For some time now the BV has conceded Marisa Hernandez cannot get a fair trial in Cameron county.  But Bañales and Gamez want to keep that door open for dismissal so they can blame Ralph Tipton.

The people will be heard Judge Bañales when corrupt judges bring irregularities to a case and runs cover for them.  The people cannot be silenced.  A judge can never, ever use the power of the bench to silence speech which seeks to expose corruption and the truth.


"The free press has been a mighty catalyst in awakening public interest in governmental affairs, exposing corruption among public officers and employees and generally informing the citizenry of public events and occurrences, including court proceedings. While maximum freedom must be allowed the press in carrying on this important function in a democratic society, its exercise must necessarily be subject to the maintenance of absolute fairness in the judicial process. "

See Estes v.Texas 

The above case involved TV cameras and what appears to be a circus in the courtroom. Yes, there must be a balance.  But the press must be free to report what it uncovers in terms of irregularities.

The courts have options which they choose not to exercise.  In this case the most important option was to transfer venue to Nueves county.  Judge Bañales decided to keep the case here with all of the pretrial publicity, he claims could lead to a mistrial.  The defendant's attorney chose to not file a motion to transfer venue.  But you watch, if his client is convicted, as a trial tactic Gamez will seek a mistrial because of the pretrial publicity. 

But remember it was Gamez who chose to not seek a change of venue.  Justice cannot be waived because of the games of counsel.  This case in Cameron county is a waste of taxpayers money and the blame is squarely on Judge Bañales and Ernesto Gamez, but they will blame Ralph Tipton for seeking to expose the irregularities in the case.


All I know is what I have read in media posts.  During the Villalobos trial many a reader threatened the BV for refusing to allow for posts during the trial. The BV warned, and was proven correct, no matter what the judge tells the jury they will read the papers and social media.  The BV barred all comments on innocence or guilt or the weight of the evidence.

I know some jurors are reading this.  Opening statements are not evidence.  If anything look for promised testimoney which they do not produce.  Opening statements are meant to confuse the  jurors into believing they heard evidence which is not evidence.

On that note this case now needs to proceed on the evidence.

I warn the jury if you are reading social media or the papers or watching trial coverage on the news, stop.  You are only to consider the evidence approved by the court.  Nothing more nothing less.


"Chevron Corp. has signaled the end of major new LNG projects in Western Australia and is unlikely to sanction an expansion of its Gorgon and Wheatstone export developments as it focuses on boosting returns from $88 billion of investment.

"Chevron’s two major Australian LNG facilities have suffered from cost blowouts, delays and poor timing. Oil’s worst slump in a generation and an LNG supply glut reduced revenue from projects across the industry.
While the third LNG train from the $54 billion Gorgon project is in the process of starting up, further expansions are unlikely in the current climate with Chevron focusing future investments on “shorter-term” returns."
We have tankers in the Gulf sitting doing nothing but waiting for a place to unload its raw crude.  Holding facilities in Texas and refineries are at capacity.  We are waiting on new oil from West Texas to be sent to the Gulf to refineries which are already at maximum capacity.  We have the Trump administration approving two new pipe lines into Texas for refining of oil, some domestic some for export.  My question is where are they going to refine this oil when we are already at maximum capacity?
Unless someone builds more holding tanks and refineries we will shortly be facing a glut of oil which cannot be refined.  Once that happens the fields begin to shut down and the pipelines go dry.
I would not count on LNG.  I would also not count on Space X.  It appears the city cannot deliver on the new 10,000 linear foot runway Space X needs for land its cargo planes.  This will mean added cost my landing in San Antonio or Houston and trucking in their rockets.
NASA has opened an old launch pad for use by Space X.  It will not surprise me one bit if Space X walks away from Brownsville.  Since 2003, the BV has documented one lie after another that everything is ready for the 10, 000 linear foot runway to be build and then nothing.  I am not holding my breath.  Space X has gone silent on Brownsville and is responding to no requests by anyone.
As a company it continues to succeed.  It succeeds because of good business practises.  I think they have now learned trying to do business with the monkeys at the Brownsville city Commission was a bad business practice.

Sunday, March 19, 2017


I am process oriented which is why I firmly believe justice cannot be attained in this case in Cameron county.  Both women deserve a just result based on the law.  I cannot cover the trial.  It saddens me neither women will see true justice.  But justice is not an option in Cameron county.

In the morning I have a meeting and may update this post.  Off to bed. But may Lady Justice be with both women.


This morning I went to check on the so called gag order and an order signed by Judge Bañales on Friday.  As of this moment, or when I was looking at the system at the court house, there was no signed gag order.


With retired Detective Clipper it is hard to know who is telling the truth.  He claims the owner of the video tape which shows the accident and alleged search, demanded it back so he had to give it back. Detective Clipper according to Judge Bañales' order claimed the BPD did not have the technology to record the video of the accident so he made about a 40 second copy on his cell phone of the point of impact.

Sorry I do not buy the testimony.  The police through court order certainly could have secured the entire tape until after trial or until they could find a service to make a copy.  This is done all of the time.

The transportation code in the case of a simple accident requires you not remove your vehicle from the scene of an accident.  Based on this all of the lawyer articles on the word immediately render aid have concluded the driver of the vehicle which hit Mary Tipton did not immediately stop and render aid.

This is important because of all the deposition testimony there is no question Marisa Hernandez never stopped and in fact went home to call her son.  Also there is a claim there was another person in the car  with her at the time.

So even if the evidence of the video was destroyed it does not constitute destruction of exculpatory evidence because based on the video and deposition testimony as a matter of law immediate aid was not rendered.  Judge De Coss already made this ruling.

Of interest, Judge Bañanles blamed Gamez for not timely seeking the evidence of the video tape.  I found that odd because according to Judge Bañales the tape had already been destroyed by the time Marisa Hernandez was indicted.  So unless there was evidence Gamez was her attorney from the very beginning he would not have been in a position to request the tape.  But he certainly had the ability to demand all of the evidence in the civil case be sealed until after  the criminal trial.

Gamez lost all motions considered by Judge Bañales based on a finding the issues were for appellate courts.


It is normal the parties will push for a plea bargain.  There is nothing nefarious in this.  The Judge can reject any plea bargain.  If Ralph Tipton rejects the plea bargain so to should Judge Bañales.  Any plea needs to include a felony conviction and jail time.  There is sufficient evidence for a conviction. But the other side is, a jury could decide she is not guilty and she walks.  Personally, if this were my wife killed, I would prefer the defendant walk on a not guilty than walk out of the court on probation.
Of note, Judge Bañales states in his order the defendant needs a translator.  If she is merely a legal resident alien and not a citizen, and receives a felony conviction she will be put on an ICE hold for deportation.  I am not sure of her legal status.

But I can tell you we deal with these in Dallas all of the time.  We try to get it reduced to a misdemeanor to reduce the chances of deportation.  But under Trump it is any one's guess if any conviction could result in deportation.  This issue holds up a lot of trials.We are never fighting the conviction, we are fighting the deportation.  There are so many cases where our client would accept the plea bargain except that it also means deportation.  Since they will be deported anyway the client chooses trial over a plea bargain.


Buster is going on 15, so her privileges are increasing.  She has never been allowed table food.  But yesterday she grabbed a bite of my hamburger and I turned around and took a bite then gave her another bite and then I finished the hamburger.  My guests and their kids were horrified.  I said, "What?"

BTW it was a great cook out.  It is funny how the kids did not find the pool cold, the the adults were all babies about it.  I was the only adult in the pool keeping a constant eye on about 15 kids.

Nothing like a large cookout with the kids enjoying the pool and sharing a hamburger with your dog.

Life is about living and ignoring social norms created by people who never learned to live.


Saturday, March 18, 2017


The top is a pineapple.  I have several plants which are just as big, but this is the only one with fruit.  I cut the top off the pineapple about a 1/2 inch, place in dirt, and water regularly

The second is a flowering aloe vera.  

The third I think is a flower from some type palm.  I am not sure.  The flowers are always beautiful, but when they die they leave a very ugly brown glob.  

My Meyers lemon has already blossomed and I have maybe 600 small lemons pea size or smaller. Come December and January it will be a good harvest.  I am not sure but maybe I still have 70-100 lemons, but they are still too small to pick.  Maybe in a few weeks.