Wednesday, April 9, 2008

GOMEZ MUST FILE ELECTION CONTEST - AND TIME ROSAS IS FIRED

I am deviating from what I intended to post today because of the election results from last night.

I am going to deal with two issues. First the election between Abel Gomez and Pete Avila Jr. This was a precinct election, not county wide. Only 36 precincts versus 98. The mail ballots indicate to me politiquera mail fraud. I cannot know for sure without seeing the numbers precinct by precinct. But here is my concern. Gomez lost by 49 votes. If we can find 25 bad politiquera votes the judge can hand the election to Gomez. Or if he concludes there are so many problems with the mail ballots that no true winner can be determined he can order a new election.

The mail ballots for Avila were 351 - for Gomez 197. This is a big variance. The number 351 bothers me because it was at the precinct level not county wide(only 36 precincts versus county wide of 98), while Rosas who lost the election for the 444th only received 329 mail ballot votes. I am willing to bet you will find mail-ballots for Avila which do not include a vote for the 444th judgeship. How can a mere 36 precincts produce 548 mail-ballots, while county wide (98 precincts) there were only 601? This means in the remaining 62 precincts there were only 53 additional mail ballots - with a judgeship in issue. Not possible unless someone was playing free and loose with the mail-ballots.

I am not saying, I repeat, I am not saying Avila did anything wrong, but someone for his benefit appears to have manipulated the mail ballots. I will commit here and now to donate my services free as the analyst to any lawyer Gomez hires to file an election contest. It has been a while since I have seen the law, but I believe there is a very, very short time frame to file this lawsuit. The law provides that the Administrative Judge must assign a visiting judge from outside Cameron County.

My experience in this area is I won the criminal case and the civil case in a very high profile election contest in Dallas. I only took the case pro bono because the plaintiff was alleging all seniors who live in nursing homes are mentally ill and should have their votes voided. Unfortunately for his client he did not know how to collect evidence and process it because the election was clearly stolen. By the time I realized what had happened I could not withdraw without compromising my client. So I fought the case for 6 years and had it reversed 3 times, twice by mandamus and once by regular appeal.

I do want to note in the case which I won, I until this day believe the politiquera in Dallas who stole the election for my client did it without her knowledge or consent. I believe my client had no idea what happened and was shocked to learn the evidence which developed. Unfortunately the Plaintiff’s attorney never understood how to properly claim election fraud. We won on the merits based on what was alleged. Because he never alleged sufficient wrongdoing, by the time all of the appeals were finished she was elected to a second term- six years in all. The reality is both sides spent heavy on politiqueras. Her supporters I believe illegally paid a politiquera to steal the election which is why she won.

I know how to look for the evidence and believe I can find 25 bad votes. This could be the case which takes down a politiquera. Remember a bad politiquera does not mean the candidate was aware of his/her conduct.

My second issue is, Gilberto Rosas. For 18 years he has destroyed so many families and fueled the fires which come with divorce and child-support. The injury he has caused so many children by and through his contempt for the law is irreparable. The district court judges are partly to blame. They should have brought him under control a long time ago. They do not want to do their job and deal with the child support cases so they allow a radical judicial activist to run rough-shod over the constitution and law. I have in my possession orders wherein he has taken away father’s rights in child-support cases without so much as a request from the mother, the attorney general, or even a trial. He just does as he pleases.

It is time the district court judges tell the Administrative Judge Rosas when faced with the will of the people was denied election. It makes a mockery of our constitution that a judicial activist judge can remain in power for 18 years without the consent of the people, and then remain in power after he loses the consent of the people. It is time Rosas be sent packing. It is time the district court judges do their job and demand his removal from office. The will of the people must matter - regardless of the contempt the district court judges have shown for Cameron County families by failing to take action against Rosas.

Come January 1, 2009, Cameron County will have three new district court judges - Cornejo Lopez, Olvera, and Sanchez. I am prepared to meet with each of them to show them my evidence. The reality is every attorney in Cameron County knows the truth about Rosas. The people will expect each of these new judges to demand the removal of Rosas. A life time appointment is against the intent of the Texas Constitution. Further, the people have spoken about how they feel about his 18 years of tyranny on the people of Cameron County. It is time to send Rosas packing.

4 comments:

Anonymous said...

Mr. BWC,

I cannot believe I am going to do this, but I am going to have to disagree with you in part with your logic.

The total number of mail in ballots for the 444th was 601 versus 548 in the constable race. At first glace, I agree it seems odd, but not if you take into account the high interest in the constable race.

Election returns showed the heavy interest in the constable race. Case in point, the total number of ballot's cast in the county were 7,340. Railroad commissioner race was county wide and had 5,610, while the 444th county wide was 7,247. Those were consistent numbers before mail-in ballots were counted. Meaning the heavy interest in the run-off was in Brownsville for the Constable race.

Let us say that you are right, fraud happened. You mean to tell me that this is not the same as what happened with Linda Salazar two elections in a row? She won by huge, and I mean, HUGE number in the mail-in category.

Alright, let's have at it. Battle of new friends!

V

BobbyWC said...

If in fact it is true there was a hugue grown swell of interest in the constable race, and no similar interest in the judicial race you would be correct.

These were my words - "I cannot know for sure without seeing the numbers precinct by precinct"

in the end you may be right - I am hard pressed to believe there was not an interest in judicial race. Only a review of the mail ballots will tell.

Anonymous said...

Mr. BWC,

My belief in interest in the constable race is predicated on the fact two facts.

One, over half of the votes of the judicial race came from the Brownsville area with or with out mail-in ballots being included.

Is it normal for all votes in a county wide race to come from Brownsville? I do not know.

Two, judge races rarely if ever bring in voter interest. Those races have the judicial ethics stuff that limits the mud from slinging to the degree that happens in political races like constable. Political races typically bring in the voters.

We shall have to wait and see for now.

V

Anonymous said...

I am not a David Sanchez fan. I think he will be a crummy judge who will use his position for personal gain. He will belong to the highest bidder. Which I guess makes him a perfect candidate in Cameron County. But I think he was a better candidate than Rosas. Why is it that Rosas can say I was appointed 18 years ago from a group of 15 lawyers? Why hasn't anyone else had the chance to get appointed to this position? Judges have to face the electorate every 4 years, and he gets to slide by for 18? Is there a yearly review of his performance? A review of grievances filed against him? Is there any type of oversight that would suggest that the district judges even care about appointing a qualified person to this position? I for one found it funny that it was never mentioned that Rosas had to continue to beat out other candidates for the job for the past 18 years. Now I know that the fact is since he beat out 15 other candidates (who were they?) 18 years ago, he gets to keep his job for life. I also hated how he kept mentioning, Judge Hester appointed me...Judge Hester appointed me. Okay, Judge Hester made a mistake 18 years ago and now he's dead. Let's start making our own decisions and stop letting mistakes from the past continue to spoil our future.