Thursday, July 30, 2009

PROMOTER CASE GETS BETTER BY THE MINUTE - IF THE STATEMENTS ARE CORRECT IN THIS PRESS RELEASE, AND I WERE THE PROMOTER I WOULD BE SUING EMMA PEREZ-TREVINO, THE HERALD, AND THE CITY

(This is today's second post. The first was on BISD)

It the Herald had this press release at the time of Emma perez-Trevino's article on the press conference, it is fair to say nothing which she pens in the future can be considered trustworthy.

You would not know from the Herald that he was only paid $500.00 and the rest of the money went to the booking agent. You would not know the name of the businesses in the LRGV wherein this promoter has successfully promoted concerts. You would not know that the city is covering-up for the incompetence of their staff in failing to timely pay for the concert. If the facts in this press release are correct, this is going to cost the city big time.

If this guy were my client I would be in federal court getting an injunction against the criminal prosecution. Federal law has a doctrine that if you can prove the state is prosecuting you in bad-faith the federal courts can enjoin the prosecution. It is certainly time to exercise that option. It is certainly time for the Brownsville City Commission to call Cabler, Sossi, and Patterson into Executive Session and can their asses. The City Commission will never do its job because of the compadre system which insures everyone gets a job.

Conversely, if the promoter's lawyer is lying in this press release, the State Bar needs to take action. The facts are not complex. I am hard-press to believe that a lawyer would put out a false press release, given the ramifications. It could happen, but unless I know the lawyer has a history of such conduct, I will presume the facts are correct.

Unfortunately the Herald is worthless and its has never met a lie it would not print. Every objective observer knows next week the Herald will spin the facts in the Gonzales hearing and the people will never know the truth. Why? Because the truth eludes the Herald and their two-bit reporters who know if they do not tow the line of the editors they will be working at Walmart for minimum wage.

If our esteemed police chief were capable of doing his job he would open a formal criminal investigation against Sossi, Cabler, and Patterson to determine whether or not they intentionally obstructed justice by misleading the police as to the events for the purpose of covering-up their own incompetence.

I am going to go so far as to say if these facts are correct, and it can be shown Emma Perez-Trevino had access to this press release when she reported on the press conference, she, the Herald, and the City could easily find themselves being sued for defamation-false light.

PRESS RELEASE JULY 27, 2009
FOR IMMEDIATE RELEASE

On July 23, 2009 Hiro Jamal Hariram voluntarily turned himself in to Brownsville Police Department on two warrants for Theft arising out of his involvement in two concert events planned in Brownsville. My client first learned of the existence of these warrants when the Brownsville Herald published a story on July 18, 2009 and immediately began making arrangements to present himself to answer these charges.

There has been a great deal of media coverage on this contract and the circumstances surrounding this agreement. This is a situation that certainly deserves the scrutiny it has received and my client and I welcome a full, fair and impartial inquiry into the facts surrounding this matter.

Unfortunately, up to this point this matter has not been given the type of investigation it deserves. Instead, what the citizens of Brownsville have been given is everything from half-truths to outright misstatements of the facts by city officials.

The fact that my client has been charged criminally before this matter has been fully and fairly investigated is certainly less than the citizens of this city, my client and anyone seeking to do business in our city deserves.

As a former prosecutor and as a defense attorney, I have come to have a great deal of respect for the Brownsville Police Department and especially for the Investigators working there. As a city we should be proud of the usually professional and thorough manner in which crimes are investigated by Brownsville Police Department. However, in this particular case, because of pressure brought to bear by their superiors, I am sure that the investigators in this matter will have to concede that they were pressured to file charges and arrest my client before they had investigated this matter to their satisfaction.

There are many facts that have not been presented by the City surrounding this agreement. My office has just begun our investigation into this matter, but already we have discovered some disturbing facts about how my client has found himself facing these charges. But first off, let me remind everyone that in this country that one of the most basic principles of law is that someone is innocent until proven guilty. Also, that our citizens are not required to prove their innocence.
First, the public has been denied a complete picture of my client. Hiro Hariram has been in the event promotion business for over nine years. He has worked extensively in the Valley and has enjoyed a reputation as an honest and successful promoted of events who worked on events at Schlitterbahn, the Bahia Mar, the Villarreal Special Events Center, Club Chaos and Club Fuego. It was because of his successful promotion of events like these, that he was involved in the events in this case.

The City of Brownsville engaged my client to work as a consultant in securing a group to perform at the July 4, 2009 event planned by the City. The fact that my client was working as an intermediary for the City and not the actual booking agent for the band was made abundantly clear to the City. We have extensive documentation to the effect.

In addition, the City’s allegations that my client made any misrepresentations to the City in an effort to steal or defraud them of any money is completely false. We intend to show at trial if necessary that the vast majority of any monies forwarded to him by the City of Brownsville and by Hope Properties were forwarded to the booking agent involved in each case.

Specifically relating to the Boyz II Men appearance for the City of Brownsville, problems began early on, not related to any lack of performance by my client, but instead related to the City of Brownsville delaying payments they were expected to make to the booking agent. This points the first misrepresentation of the City of Brownsville regarding this matter. It has been reported that the City of Brownsville did not know until days before the event that the event would not take place. This is completely false. My client informed the City in early June that because of delays in making the required payments, that the event would not take place. In an effort to salvage the event, the City of Brownsville wrote a letter of apology for their late payments dated June 19, 2009. In that letter Mr. Patterson apologized for this "lack of professionalism" and attributed the City’s failure to meet their deadlines as "the typical City pace". Despite this effort to save the event the City was informed that the event would not take place. Any representation by the City of Brownsville that they were not aware the event would be cancelled until days before are therefore completely false and untrue.

We are still gathering evidence related to the allegations made against my client. There was a tremendous amount of communication between my client and the City relating to this contract and everything I have viewed to date shows that the City was completely informed about the status of this contract, my client’s role in the negotiations and costs associated with this event.
I am confident that had the Brownsville Police Department Investigations Division been given sufficient time, they would have reviewed all the facts surrounding this matter and would probably have reached a different decision on charging my client. However, because of tremendous pressure brought to bear by City officials, their investigation was cut short.

The rush to arrest and defame my client is more that just wrong it is against the law. If a public official abuses their official capacity it is a violation of Texas law. The City of Brownsville has used the arrest of my client and the filing of these baseless charges in an effort to conceal their own mismanagement, and to borrow a phrase from Mr. Patterson, their "lack of professionalism" to ruin the reputation of a legitimate businessman who has worked extensively in the Valley. In their investigation of this matter, it is my hope that the Cameron County District Attorney’s office not only investigate my client, but also review the actions of City officials to determine if they violated the law by abusing their official capacity.

While my client is not a citizen of Brownsville or Cameron County, Texas, he is a businessman who was engaged in investing his time, money and effort to the economic development of this region. Not only has the City’s action in this case damaged my client’s reputation, it is likely to send a chilling message to others interested in doing business in our community.

It is my hope that this matter will be fully and fairly investigated by the Cameron County District Attorney’s Office and that all charges against my client will be dismissed. Failing that, we intend to present all the evidence available to a Cameron County jury and are fully confident that they will act in accordance with the facts and the law and find that my client is completely innocent

4 comments:

Anonymous said...

We should investigate who is at fault?

Anonymous said...

C-H-A-R-L-I-E......

BobbyWC said...

While I find the way you posted your two comments creative (which I always like) there is no evidence Sorry Charlie Atkinson had anything to do with it.

Time may prove otherwise - the sad part is the City COmmission will do nothing but continue to vote to waste taxpayers money on lawsuits - it is not their money so why should they care - a worthless bunch incapable of representing the interestes of the people

Bobby WC

Anonymous said...

Maybe Anonymous meant C-A-B-L-E-R?


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