Monday, June 29, 2009

ROBERT SANCHEZ’S ATTORNEY ENGAGED IN INFLUENCE PEDDLING WITH JUDGE IN DEFAMATION CASE

Robert Sanchez’s attorney in my defamation case has attempted influence peddling with the judge by doing business with the judge while the case is pending. This in my view was a constructive bribe. It is particularly disturbing when the attorney at mediation intimates he controls the judge by doing business with the judge while the case is pending.

This morning, I am faxing a formal criminal complaint to FBI Director Robert S. Mueller. My contacts have provided me the fax number directly to his office. I am formally asking that a public corruption investigation be opened against Robert Sanchez, his attorney Monte English, Don Wittig and his mediation firm, Salzman and Wittig, James Hunter (counsel for Captain Bob’s Restaurant, his law firm of Royston Razor, Peter Zavaletta, Jerry McHale, Travelers Insurance, and Catlin Insurance.

There is a gag order in this case. What the readers do not know, because Jerry McHale is incapable of telling the truth, he along with Sanchez requested the gag order, not me. They needed to shut Jerry up so Zavaletta and Sanchez’s attorneys requested a gag order. The Texas Supreme Court on May 1, 2009, immediately took my emergency appeal on the issue. Because I have won on this issue before I know I will win now. Other than the fact the gag order is not equally enforceable against all of the parties, Jerry’s own rants about its vagueness provided me my best evidence as to why it is too vague to be enforceable. They have also taken the issue related to the influence peddling regarding Judge Don Wittig.

I have to limit this post to legitimate issues of public corruption related to the Cameron County judiciary and this case. I will also limit the post to issues related to the FBI complaint, and the federal lawsuit which is about to be filed in Washington DC. I will not discuss the merits of the underlying defamation lawsuit.

Because I will be accused on pursing this for money, let me be clear - if James Hunter is to be believed, Robert Sanchez is effectively bankrupt and his law firm is representing him pro bono. Every lawyer I discussed this with agrees, the law firm of Royston Rayzor would never allow Mr. Hunter to represent Robert Sanchez pro bono. The insurance money would come from Travelers. If the FBI agrees to open an investigate and seeks to prosecute wrongdoers, Travelers could potentially cancel the policy claiming Sanchez’s conducted so compromised his defense that Travelers is no longer liable for the judgment. If this were to happen, and Sanchez is in fact bankrupt, then I would get zero. My point is, it is not in my financial interest to pursue the criminal complaint against Sanchez.

Further, if the insurance carriers for all of the parties were to find the federal lawsuit is the result of criminal influence peddling, there would be no coverage. I can assure you, every lawyer in this case knows how to move and hide assets. With no insurance coverage it would become virtually impossible for me to collect a penny.

The same goes for Jerry McHale, after Zavaletta let slip he was representing Jerry pro bono, because Jerry is also pennyless. Zavaletta thereafter made clear he would have his client testify otherwise in court. Here is the problem - an issue before the Texas Supreme Court is whether or not Zavaletta should be held in contempt of court for lying to the court, among other things.

Immediately after Zavaletta secured the gag order for his client, without so much as a properly filed motion filed with the court, Jerry went on line and repeatedly violated it. I moved for contempt for not only violating the gag order but for violating the rules of court. Canon 3b(7) of the Rules of Judicial Conduct. The dishonorable Alejandro recused himself from the case rather than enforce the gag order and the Canon’s of Judicial Conduct. The Commission on Judicial Conduct will decide Alejandro’s fate.

In response to my Motion for contempt Zavaletta signed a pleading with the following statement. " "Plaintiff’s motion is not only moot, as filed in violation of this Court’s order staying this litigation, it is baseless, groundless and offensive." Regarding whether or not the gag order would be enforceable pending the abatement of the case, the following is from the hearing: WIGHTMAN-CERVANTES: "and this will be enforceable independent of the stay, correct?"
THE COURT: "yea, it’s a separate ..." Court Transcript p 56 lns, 20-21 Zavaletta knew the gag order would be enforceable, but nonetheless chose to lie to he court by claiming it was not enforceable during the abatement.

At this point Zavaletta has no credibility before the court. Once a lawyer lies to the court, everything he does for his client becomes a potential lie. The one hearing before Judge Wittig was so bad for Zavaletta that Judge Wittig had to threaten him with contempt to force him to stop lying and engaging in unethical conduct. In one case even after irrefutable evidence showed he was lying to the court, he pursued the argument. The problem with Zavaletta is, he does not know he is lying. He has no concept of a lie. That brain function does not exist. For the record it is a legitimate biologically based disease. Zavaletta’s credibility was destroyed at the hearing when Judge Wittig and I noticed that in an unprecedented act of contempt for Zavaletta Sanchez’s attorneys refused to sit next to him. In a courtroom you have a plaintiff’s side and defendants side. The plaintiff’s side is the side closest to the jury box. Sanchez’s attorneys sat next to me on the plaintiff’s side leaving Zavaletta to sit alone.

The foregoing was needed to understand the corruption is coming from all the defense counsel.
Judge Don Wittig has become constitutionally disqualified because of undue influence via payments to Judge Wittig’s mediation firm by Sanchez’s attorney Monte English. A full and complete investigation of this matter could potentially open up hundreds of cases for review.

You see any orders signed by a judge once he becomes constitutionally disqualified are a legal nullity - they do not exist. Peter Zavaletta being who he is, once I made know to everyone I discovered this little con job of influence peddling, and Judge Wittig became constitutionally disqualified, ran to Judge Wittig demanding he sign orders immediately dismissing McHale, effectively in retaliation for my disclosure of this con job. If there was any doubt that McHale was party to this potential criminal conduct, he lost that defense the second Zavaletta demanded a constitutionally disqualified judge sign orders in favor of McHale.

For reasons unknown, Texas may allow visiting judges to be visiting judges while also functioning as a mediator. The problem is, at least in the case of Judge Wittig, he has set up no safeguards to insure that while acting as a judge in a case the very attorneys appearing before him are not offering to do business with his mediation firm. On the part of the attorneys this is a black and white constructive bribe and fraud on the court.

The Canons are clear on this issue. Texas Canon 4b[1] provides:

"(1) A judge shall refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality, interfere with the proper performance of the judicial duties, exploit his or her judicial position, or involve the judge in frequent transactions with lawyers or persons likely to come before the court on which the judge serves. This limitation does not prohibit either a judge or candidate from soliciting funds for appropriate campaign or officeholder expenses as permitted by state law." emphasis added.

The Canon 4b[1] expressly bars Judge Wittig from doing mediation with any attorney - period - who may appear before him. What is worse in this case, while the case was active, his mediation firm of Salzman & Wittig chose to do business with the lawyer, Monte English, who is representing Sanchez in the underlying case. Monte English intimated to me he had Judge Wittig’s favor because he was doing business with him.

His client Robert Sanchez was offered an opportunity to distance himself from this matter, by and through his attorney James Hunter. Mr. Hunter indicated Mr. Sanchez is opposed to the court issuing Death Penalty Sanctions or sanctions against Mr. English. Commonsense would tell us, Mr. Sanchez would immediately fire Mr. English to protect himself, but he has not. He has made his bed and now must face the consequences.

Mr. English will claim he did business with the Judge Wittig’s partner and not the judge. The Texas Supreme Court has found a trial judge is constitutionally disqualified for the acts of his former law partner.

‘Rule 18b(1)(a) accordingly recognizes that a judge is vicariously disqualified under the Constitution as having "been counsel in the case" if a lawyer with whom the judge previously practiced law served as counsel to a party concerning the matter during their association. This conclusion is consistent with our holding in National Medical Enterprises, Inc. v. Godbey, that "[an] attorney's knowledge is imputed by law to every other attorney in the firm."

Tesco American v. Strong Industries, 221 S.W.3rd 550, 553 (Tex. 2006)

The case at bar is even more egregious because we are not dealing with a former law partner, but a current ongoing partnerhip wherein they are in business together.

Under the Fourteenth Amendment Due Process Clause, constitutional disqualification is broader than under the Texas Constitution, so it would seem. "The Tumey Court concluded that the Due Process Clause incorporated the common-law rule that a judge must recuse himself when he has "a direct, personal, substantial, pecuniary interest" in a case." Caperton v. A.T. Massey Coal, United States Supreme Court, June 8, 2009, Slip Opinion @ 6 The Supreme Court has gone further and made even a very indirect pecuniary interest a basis for constitutional disqualification.

The Court held that the Due Process Clause required disqualification "both because of [the mayor-judge’s] direct pecuniary interest in the outcome, and because of his official motive to convict and to graduate the fine to help the financial needs of the village." Id., at 535. It so held despite observing that "[t]here are doubtless mayors who would not allow such a consideration as $12 costs in each case to affect their judgment in it." Id., at 532. The Court articulated the controlling principle:

"Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the State and the accused, denies the latter due process of law." Ibid.

Caperton v. A.T. Massey Coal @ 7

Key language in the Caperton decision is "and because of his official motive to convict and to graduate the fine to help the financial needs of the village." This affirms even an indirect pecuniary interest mandates constitutional disqualification. Monte English as the attorney for Robert Sanchez knew he was doing business with Don Wittig’s mediation firm at the same time Judge Don Wittig was presiding over the case at bar. Even if Don Wittig will not receive a penny of the money earned by his partner, the money is still used to maintain the office of Don Wittig’s mediation firm. The intent was clear - influence the court. The message was clear - do the right thing if you want business from Monte English and Travelers insurance. This is a black and white fraud on the court.

THE ACTIONS OF MONTE ENGLISH WERE A FRAUD ON THE COURT AND A CONSTRUCTIVE BRIBE

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

Mr. English certainly knew that any financial benefit to Don Wittig’s mediation firm would benefit Judge Don Wittig, even if nothing more than helping to pay the rent and for staff. He nonetheless pursued doing business with Don Wittig’s mediation firm at the same time Don Wittig was sitting as a judge in the case at bar. This is the one case about which I have knowledge. The question is, how many other cases have been mediated at Don Wittig’s mediation firm since his assignment as a visiting judge which involve the attorneys herein and or Travelers insurance?

In how many cases over the years has Don Wittig accepted money from attorneys while acting as a mediator at the same time these same lawyers are before him as a visiting judge. Every order in every case is a legal nullity. I can assure everyone, if Salzman and Wittig have EO insurance the carrier will deny coverage under these facts. Their respective conduct has destroyed the integrity of the courts. There is no doubt in my mind the Commission on Judicial Conduct will hit Don Wittig hard for his actions. As to Salzman, I am waiting on the Texas Supreme Court to rule. Their ruling will force the State Bar to take action against Salzman and Wittig.

Because I know attorneys are basically cowards, and are not advocates for their clients, but for their own wallet, local attorneys will not seek to investigate other claims of Judge Wittig signing orders once he was constitutionally disqualified. In each of these cases their clients would be entitled to a new hearing. They would also be entitled to sue Salzman and Wittig. The lawyers will not because they know at least half of the local judges, and the Corpus Christi Court of Appeals will retaliate. So in the end their clients will remain without justice.

If Jerry McHale gave a damn about judicial corruption he would run with this story, but true to form he is part of the corruption and will seek to silence the story. Too late I am putting the story before all major newspapers and every judicial watch organization I can identify. We shall see what the FBI does with the information. Any attempt to silence me while I have an FBI complaint pending would make Sanchez and his lawyers morons. It will only dig their hole deeper.

We all know DA Villalobos will do nothing and seek to cover it up. DA Villalobos is disqualified in my opinion from investigating this matter because if Judge Wittig acted as a visiting judge in a criminal case, and the defense attorney had done business with Wittig’s mediation firm the conviction could be void. Every defense attorney in this town who may have had a criminal case before Judge Wittig needs to file the proper motions to seek the voiding of their client’s criminal conviction. Oh, they can’t because they may have been the wrongdoer. This means independent attorneys from outside of Cameron County need to come into the county and research each and every case wherein Judge Wittig sat in a criminal case and then seek to have the conviction voided if the defense attorney or their lawfirm have done business with Salzman and Wittig.

In my federal lawsuit being filed in Washington, I will be asking the federal court to void every order issued by Judge Wittig in every case wherein he was doing business as a mediator and visiting judge at the same time. No, there is no money to be made here. His insurance carrier will deny coverage, and if too many people sue, Salzman and Wittig will file for bankruptcy.

I have never suggested politics is anything but dirty. But to understand just how dirty and corrupt politics has become one must look no further than Jerry McHale and his entourage of syphilis brain infected associates. One can certainly suggest based on experience Jerry McHale’s views of Soloman Ortiz changed the day Congressman Ortiz stopped paying him.

https://www.opensecrets.org/politicians/expendetail.php?cid=N00005998&cycle=2006&name=Jerry McHale

It is hard for me to stomach the rants of people who live on public corruption and then seek to discredit those who do not worship their dishonest and misleading rants. Any blogger unwilling to publicly denounce the actions of Sanchez and his attorneys is certainly nothing more than a hand puppet mouthing the words fed to them from the most corrupt among us - hence Jerry Mchale.

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