Thursday, October 29, 2009

BV DOWN UNTIL FRIDAY- A COMMENT FROM A READER FOR TODAY

As I mentioned to my readers, after 10 years of declining health they may have finally found the problem in the pituitary gland. The VA is slow. I am told the Chief of Staff for the VA is working on getting me faster appointments. Some of you may remember to I told the story last year of the wake-up pill they gave me and I was awake for more than 40 hours on one pill.

They recently tried ritalin as a stimulant but it did not work. Anyway I am tired all of the time. I needed these two days off. I am hoping that I will hear today that tomorrow morning they will start the next set of tests to confirm the problem.

FROM A READERBold

I decided in part to post this here because I think it reflects the mood of the community. In many ways I think it reflects to mood of the country.

OMGOSH!!! Are there really honest attorneys (BV's note - not really) in the Valley that have the backbone to stand up to the corrupt bastards?When you get ready to blow this wide open...count me in. This group of corrupt politicos/attorneys have threatened me, filed bogus lawsuits on my behalf without my knowledge, tried to coerce me to join forces with them to file false malpractice lawsuits...when I refused to go along with their antics... well, I won't go into the last 15 years. If you are serious about exposing these people and stopping the ruination of many households, please contact me. I believe that we are given opportunities in our life to help make our Country, our Communities better places to live - coming from Wyoming to Texas was an exciting move. Texas held so much opportunity! Only in the last couple of years did it dawn on me that the opportunity was not in building businesses, but to experience first hand the corruption stemming from the RGV all the way to Austin and???? Breaking through the fog of lawsuits/depositions/false judgments etc..., the question between my maker and self was "How do you want me to use this information to benefit others?" At the moment, I don't have the full answer, however, in the last year, it has become very clear that the time is getting close and to begin preparing for new challenges.

2009 has been an unusual year with many introductions to people that can and are making a difference in this small world of ours. Life is no accident - I have personal knowledge, papers and facts that are being compiled by an investigative reporter waiting for me to give the go-ahead to hit the presses.Going to Washington? I suggest we pitch in to buy you a 1st Class Ticket, put you up in comfy digs cause you're going to need it.If you are honest and want to make a difference for others - I am on your team. My invitation is open to anyone else that wants to jump on board as well.

Tuesday, October 27, 2009

BISD SANCTIONED AGAIN- AND A FEW WORDS ON YESTERDAY'S POST

Because of a mind numbing headache I need to keep this short. If my regular readers remember this complaint goes back to Hector Gonzales and Dr. Montoya passing e-mails back and forth and nothing getting done. This was a little more than a year ago. The parent had requested that the child be tested for ADHD.

From the TEA findings: “Based on the evidence and current state and federal requirements, the following discrepancy was cited: The LEA does not always initiate parents’s requests for students evaluations in accordance with required procedures.”

BISD was ordered to conduct a new ARDC by November 15, 2009.

BISD as to all children was ordered to revise their policies to insure this does not happen again.

BISD was further ordered to “provide staff development to the individuals who were involved in or contributed to the discrepancy to provide guidance to address the discrepancy cited in this report.”

Another part of the report shows that some higher up did order the testing but chose to not follow-up that the testing had in fact occurred. This is the point I have been discussing for more than a year. Hector Gonzales just sent an e-mail asking that someone address the problem and then dropped the ball. The ball was dropped at every level. There is never any followup.

100% of the events which caused this sanction against BISD occurred while Hector Gonzales and Art Rendon were in charge. I am particularly proud of the finding that BISD has been ordered to revise its policies as to all children.

I will say this, that since the mediation last week, there appears to be a marked improvement in how this child is being treated. A potential problem this morning showed the new system for dealing with this child may be working. Everyone, most importantly the child, played by the new rules and as a consequence he is safe. Nothing happened - it is just sometimes his disability makes being in the classroom an impossibility. It is my understanding the child was finally handled in a manner which reflects an understanding of his disability.

Everyone who continues to protect Hector Gonzales and Art Rendon do it out of ignorance or dirty politics. The fact both of these men were removed from their jobs based on dirty politics does not change the fact they failed at their jobs. Their failures directly impacted disabled children.

The case of Joe Rodriguez is about to get better. It seems he was unwilling to basically give into blackmail so an investigation was started. The investigation and the results of the investigation may have merit. But I must ask, would we have been happier had he avoided the investigation by giving into the blackmail? If he violated the law he needs to be held accountable, plain and simple. If he was the object of a blackmail concerning the concerts then those who threatened him or offered him a bribe need to be prosecuted to the fullest extent of the law.

SEVERAL COMMENTS ON YESTERDAY'S POST

I rejected several posts which were designed as distractions from the issue, but I nonetheless want to address them.

Peter Zavaletta's client Jerry McHale prints every vicious rumor or lie he gets his hands on. I made a point that I had no desire to play that game although I was being fed dirt on Peter Zavaletta. I made the point that I did not believe the claims. Some how to some idiot this translates into defamation. You might note I never mentioned the claims because once mentioned people will believe them, even if I believe they are false. That is not my style that is the style of Peter Zavaletta and his client Jerry McHale.

Peter Zavaletta tried to feed me a bunch of garbage on Robert Sanchez and his family. I rejected it. He can deny it and sue me, but then I would get access to his Secretary of State account which shows his research of ESCO. Zavaletta told me that ESCO stood for Emilio Sanchez Company and that Sanchez was blocking efforts to bring more shipbreakers to the port. When he could not prove his claims, including the true ownership of ESCO, I went public with calling hims a master manipulator and opening opposed his election as DA. The Secretary of State keeps records of requests. Lawyers who regularly use the SOS have accounts. This is how I know they will have the search requests for ESCO made by Zavaletta.

The same person went on to tell me Zavaletta is not a catholic and therefore my use of the term parishioner was improper. The dictionary begs to differ.

They also complained about my statement that I had no interests in pictures. People claim to have evidence all of the time when in fact they do not. I never believed there were pictures because I believe the claims to be false. Further, I would never publish 3rd party pictures. In today's world it is simply too easy to alter a picture of simply falsify it.

Another complaint was my lawsuit should be dismissed because Sanchez's blogspot was taken down and the statements no longer exist. Well that is just stupid. Slander which is spoken typically only occurs once, and people still sue for slander.

The lawsuit is not about money, it is about accountability. Further these endless false vitriolics happening at all levels of our society are hurting our nation. This battle needs to be fought. I do not care one bit if I loose. It is about standing up for ending BS lies from people like Robert Sanchez, Jerry McHale, Juan Montoya, and Eduardo Paz-Martinez.

One only need look to the loyal listeners of Rush or Hannity or Beck to learn ignorant people will believe anything. This is destroying our democracy and taking away our freedom. It is a battle worth fighting.

Monday, October 26, 2009

BISD GETS HIT WITH ANOTHER SANCTION, THAT’S TOMORROW, TODAY, MORE JUDICIAL CORRUPTION AND WHY ENRIQUE ESCOBEDO WILL BE HIT WITH A RICO LAWSUIT

In April I told the story of corruption coming out of the court of former Judge Limas. The case involved Ford Motor Company and a misguided juror whose actions caused Ford to prematurely settle the case. Ford tried to seek to have the settlement agreement voided. Judge Limas chose to ignore long standing law concerning settlement agreements.

http://brownsvillevoice.blogspot.com/2009/04/comment-on-abortion-and-case-of-two.html

The case was sent back to the trial court by the Texas Supreme Court. The case has now been redone on the contract issue. A jury found for Ford. The trial judge who allowed for the law to govern the proceedings was Judge Cornejo-Lopez, Judge Lima’s replacement.

The following is from my original post.

“Yesterday's Herald had an article concerning former judge Limas, and Ford Motor Company. Over 10 years ago the Texas Supreme Court set up a procedure for parties to challenge settlement agreements. They are to be treated as contract cases. The court of appeals reversed Judge Limas's decision to not allow Ford to seek discovery in its contract case against the plaintiffs, as it related to the settlement agreement. Discovery is basic in any case.”

I do not know what is going on with the Herald. They seem to not care about judicial corruption and the impact it is having on our lives and liberty. They ignored this story update out of Judge Cornejo-Lopez’s court and the latest suit by the former Willacy County DA. The following is an excerpt from the Houston Chronicle on October 22, 2009, concerning the trial of the contract issue here in Brownsville.

“Ford's lawyers were stunned when jurors asked why they had settled. The jurors had quickly
determined that the Explorer's roof was not faulty and were nearing a consensus in favor of
Ford on the only other issue — whether a design issue caused the Explorer to be unstable.”

http://www.chron.com/disp/story.mpl/metropolitan/casey/6681985.html

The fundamental problem with our courts is a lack of interest by the press and the people to carefully look into the corruption. Money has corrupted the process. Judges are too dependent on campaign money to truly be independent of influence peddling. In Texas, for now,, judges can actually be doing business with the lawyers at the same time the case is pending before the court. This is not justice. I have commented in the past about a Supreme Court case which tried to address the money issue.

http://brownsvillevoice.blogspot.com/2009/06/united-states-supreme-court-nails.html

Cameron County Courts are known throughout the world for their corruption. It is not going to end anytime soon. Our DA absolutely refuses to do his job. The US Attorney and FBI are too busy with the drug business to care about public corruption. This will only change once the people of Cameron County sue the Director over the FBI seeking a federal court order that he investigate.

I am sending via facsimile a formal criminal complaint against Judge Alejandro and his court reporter. They have been given multiple opportunities to allow for an independent court reporter to review the notes from the initial hearing in Judge Alejandro’s court concerning my defamation case. Judge Alejandro ordered the transcript altered. He did this after he recused himself from the case. This means he has no immunity for his actions. Unless Judge Alejandro has insurance to cover for his actions I will never collect a penny from him. While I will be suing him and his court reporter along with Sanchez and his lawyers in federal court in Washington DC, the issue is not the money. I am giving FBI Director Mueller one week to confirm he will order the Brownsville office to open a formal criminal investigation against Judge Alejandro and his court reporter, or I will file a suit against him in his official capacity seeking a federal court order compelling him to investigate all of the corruption in Cameron county. It has to end. I will tell you with 100% certainty the Obama Administration is against any investigation of Texas Democrats. For me Obama has become worse than Bush II. I had no expectations of Bush II. I did have expectations of Obama. My disappointment in him becomes greater by the day.

Until we bring an end to the corruption promoted by the Cameron County Bar Association and the Cameron County Democratic Party nothing in this town will change. Judge Limas was either this biggest idiot to ever graduate law school or he was a bought and paid for criminal to oversee the corruption. Having seen him in action in the courtroom as a lawyer I suspect it is the former. He is simply not very bright.

The Cameron County Bar Association has chosen to elect as its president a lawyer who celebrates his corruption as a birthright. James Hunter sought to suborn the aggravated perjury of Robert Sanchez before the Texas Ethics Commission. He conspired with Enrique Escobedo to illegally use money from his BISD campaign account to fund his announcement for Cameron County Commissioner. James Hunter seeks to have me held in contempt for discussion of the corruption. Enrique Escobedo does not get to use Hunter as a way to silence the truth about his corruption and misuse of campaign money. Enrique Escobedo will be a named party in the RICO civil rights lawsuit being filed in Washington DC.

For the record my defamation case remains pending before the Texas Supreme Court and the trial court. Peter Zavaletta has no use for the law and has made it clear he will never comply with the law in how you seek hearings. Unfortunately for Jerry McHale he is too stupid to understand Peter Zavaletta lies to him about the proceedings. This is why Jerry posted to his web page the stupid comment about vexatious litigant. I am curious if Peter has told Jerry I am asking the FBI to open a formal criminal investigation for pictures he has posted similar to those which got the Justice Department to indict a man by the name of Ira Isaacs. Further I am asking BISD to investigate whether or not Jerry is managing his porn site from a BISD computer. Approved comments are occurring, on occasion, during times he should be on campus. It is possible he has gone home for lunch or left campus and used his laptop at Burger King for example.

When your only defense to a lawsuit is to hire a sociopath like Peter Zavaletta, then you have no defense. And for those of you who believe I am obsessed with Zavaletta, you are wrong. Parishioners in his church have sworn to me that they have been told things by people who would know which make Peter look real bad. I have consistently told people I do not want the pictures or have interest in the story. What happens in his home is his business. The presumption is always the stories are not true. I assume if the stories were true someone in his home would have taken action by now. Based on this assumption I reject the claims. The facts are I am not obsessed with Zavaletta. I am obsessed with ending the corruption.

Friday, October 23, 2009

A WHATEVER AND OBSERVATION POST

EARLY VOTING

I was in San Antonio on Wednesday and Thursday. The trips are hard on me and I tend to sleep the day off the day after I get back. Before I get into some good news, something I saw in San Antonio would be helpful to Brownsville. I went to a mall and to my surprise the Bexar county Elections Administrator had decided to set up early voting in the mall. I wonder how many more people would vote in Cameron county if we had early voting at the mall?

IT MAY BE THE PETUITARY GLAND

The good news is, after 10 years of declining health they may have found the cause. Sometimes when you do an MRI you can see things you are not looking for. The brain MRI was interesting mostly because something they had seen twice before over the last 2o years was no longer there. They did see something which has nothing to do with the brain. The petuitary gland appears to maybe have problems. If it is what they think it is it will explain nearly every aspect of my declining health. The bad news is, by the time the beurocratic process gets done reviewing the results and forwarding it around to the correct doctor, and I see that correct doctor and get verifying tests, and then followups and then a simple medication which will treat it, it could take 4-6 months.

NO MOVIE REVIEW - SORRY

There is nothing which interests me. After Roger Ebert failed me with "Paranormal Activity," I will not trust him this week. Besides I have a lot of work to do. BV will be back on Monday with something new and interesting.

Thursday, October 22, 2009

JUAN ANGEL GUERRA FILES SUIT IN BROWNSVILLE

These are excerpts from yesterday's San Antonio's Express News

BROWNSVILLE — The former Willacy County district attorney who drew national attention for indicting a cast of public officials including the U.S. vice president now has filed a federal lawsuit seeking damages from former Attorney General Alberto Gonzales, state Sen. Eddie Lucio and 31 other defendants.

In a rambling, 35-page petition, Juan Angel Guerra claimed the defendants played various roles in inflicting emotional distress and forcing him out of office.

He says Jim McAlister, an assistant U.S. attorney who helped Guerra with that investigation, told him he was ordered by higher-ups, meaning Gonzales and the Bush administration, to stop the probe.

“I will put him on the stand and he will have to testify under oath,” Guerra said of McAlister.
Michael Cowan, Lucio's attorney, said all allegations in the lawsuit are “patently false.”
“We expect it will be dismissed just like the other one,” he said.

http://www.mysanantonio.com/news/Former_DA_sues_former_AG_others.html

I think if he can put on evidence which substantiates McAlister's statements the case will get interesting. I can tell you though, old dog bureaucrats in the FBI and Justice Department are already running interference for Bush era cover-ups and crimes. It is highly unlikely that US Attorney Eric Holder will ever see the lawsuit.

Tuesday, October 20, 2009

LATINA YOUTH SUICIDE

"One out of every seven Latina teens, or 14 percent, attempts suicide according to a 2007 Centers for Disease Control and Prevention survey of high school students."

http://www.cnn.com/2009/LIVING/10/20/lia.latina.suicides/index.html
BACK TO CIVIL DISOBEDIENCE AND SOMETHING GOOD ON BISD

Let’s begin with BISD. Yes it is true, this morning over breakfast at Big Daddy’s Kathleen Jimenez, interim-director over special services, lead a very successful mediation concerning this child I have been writing about. The mediation was conducted in a very professional manner. It was clear everyone involved was focused on the child and finding a meaningful solution.

A properly conducted mediation will almost always work. In law they rarely work anymore because they have become about money. Money was not an issue at this mediation so we were able to focus on a solution. Someone mentioned as a comment the use of colored cards to help this child with when he has to leave the classroom. I took the idea to the mediation and BISD is going to try and give it a go.

Anyway, I would like to thank Ms. Jimenez and Mr. Wilhite for taking the time to meet with this child and finding a solution. Professionalism guided them at every turn. Hurt feelings never appeared during the course of the mediation. For me this is a good sign.

BISD needs to set up some type mediation system between the parents and special services. A lot of knowledge was obtained by all sides in this successful mediation. The child was made a very important player in the mediation. BISD needs to find a better way to get the knowledge from the parents, teachers, principals, and special services officials all working together as one game plan. I think we did this this morning in the case of this child.

CIVIL DISOBEDIENCE

What I am about to write is not original. I got the idea from a movie. In the movie a group of people who chose to go to crucifixion of Joshua (aka Jesus) as observers and who did nothing to help Joshua were condemned to spend eternity observing tragic death. Fast forward 2000 years later Ricci who played the female lead realizes these same people are present in her town and about to observe another tragedy. A man who was sexually abused as a child is about to settle the score with his abusers and those who covered up for his abusers. Ricci is determined to protect a child who for reasons I never understood is about to be one of his victims.

As it turns out Ricci is one of these people condemned to spend eternity experiencing these tragedies. For reasons which are not clear she has forgotten who she is. In the end she changes the child’s destiny and saves the child. God rewards her by releasing her from this eternity of observing tragedy. You see this time she just did not sit back and observe. She saw an opportunity to protect this child and she took it.

Civil Disobedience comes in many forms. I can go back to practicing law tomorrow with clients, but why? The State Bar of Texas and our courts are criminal enterprises determined to destroy our liberty. They have zero tolerance for dissent against the criminal enterprise. Why would I put myself under their control if I know it means I must be party to the criminal enterprise? You see I took a stand, a stand I am proud of. The State Bar was square in the middle of the sexual abuse cases by the priests against our children. I went after their corrupt lawyers and in particular the lawyer who was representing the State Bar pro bono before the United States Supreme Court. Would I do it again? - you bet I would. I chose to not just be an observer. I chose to fight. I continue to spend a large portion of my resources to fight the corruption within the courts and State Bar. Why? Because when history looks at my actions I want people to know I was just not an observer. I fought back and tried to make a difference. While in the Army I was willing to take a bullet in defense of our liberty. What I do now is no different.
People can simply be observers who never do anything good with their lives or who never put themselves and careers on the line for what is right, or they can smile every morning when they look in the mirror because although they may have many failures in their lives, they at least tried to be something more than an observer.

Monday, October 19, 2009

DEALING WITH CIVIL DISOBEDIENCE IN A COMMUNITY WITHOUT INTEREST

SOME CLEAN-UP ISSUES WITH BISD

Before I start this discussion I want to deal with a supporter of Kathleen Jimenez. I am not going to post comments which use me as a distraction to take away from this child’s disabilities. Second, who ever is telling you Kathleen Jimenez sent Dr. Lee Garcia to meet with the father because he knows the father is a liar. What came out in the meeting was they recognized each other because they lived in the same area. That’s it. They had never spoken a word before the meeting. But that comment tells me you have inside information. This is my conclusion, Kathleen Jimenez in violation of FERPA is discussing this child with people outside BISD, or the poster is Kathleen Jimenez.

As to the child, he is too traumatized to return to school. Every effort has been made. The hope is the pediatric psychiatrist will be able to help with the situation. I can tell you the family is in crisis and at a loss as to what to do. The child under his current condition cannot be in the classroom. The child is of above average intelligence. He simply cannot sit in a regular classroom. The school has been dealing with this problem for over a year. The principal understands the situation, but has no say in solving the matter. Kathleen Jimenez has made this very clear. Independent of the smaller classroom issue, the child is simply not in a mental state to be in school. It is bad.

The question has been posed, why so much interest in who released the Rodriguez report? The very question is evidence of the problem with our society. Everyone only wants the law to be followed when it serves their agenda, otherwise enforcement of the law is politics.

I stated before and I will state now, I have no problem with the report being taken to the DA. The people got to read first hand the DA’s decision to blow-off the report. This does not help DA Villalobos or the BISD Board.

But what good is the law if people can simply ignore the law when it serves what they believe to be a more important end - like holding Joe Rodriguez accountable. I know people. When the DA blew off the report it made people mad, and without reading the reports people believe Joe Rodriguez is guilty. This is how people work. The average Joe is never going to read the report. It is pushing the idea of cover-up which makes people believe Joe Rodriguez is guilty.

I find it interesting that the people pushing this question do it under the guise they are just trying to make sure the law is enforced against Joe Rodriguez. The law, really? Then, why is the breaking of the law by releasing the report to anyone but law enforcement not equally important? Because it is not about the law, it is about politics. It is always about politics.

CIVIL DISOBEDIENCE

The worse time of the year to try and start a civil disobedience organization is during football season. People cannot protest during the week because they work. They cannot protest on Friday night because of highschool football. Well Saturday and Sunday are taken with college and pro football. Football is a priority in Texas, you know - more important than the education of children. Mind you I am not knocking football. I am just pointing out reality.

The bottom line problem with Brownsville is there is no meaningful law enforcement. Everyone’s excuse is, not my jurisdiction. Does anyone really believe the Chief of Police for BISD is going to investigate anything which could implicate the Board, Springston or even Joe Rodriguez?

Until the people of Brownsville understand the corruption at every level of government remains in place because of the FBI, nothing will change. Asking any local law enforcement agency or the DA to do an investigation is like asking the fox to guard the hen house.

The FBI will not do its job until it is humiliated into doing its job. 21.4 million stolen from the people at the BND, the DA’s former law partner making over a hundred thousand dollars on a deal which sent a convicted murder walking out of court free as a bird, a DA who cannot seem to convict the mayor in a slam dunk case, endless cover-ups at BISD, judges and the DA blocking the grand jury from looking into the BISD La Pampa affair, and Enrique Escobedo illegally using campaign money for his BISD board election to fund his County Commissioner election, and then lying to the people about it in his ad. I can go on and on - what is the truth behind the Joe Rodriguez affair? Yes if he broke the law he should be punished. Why are these same people going after Rodriguez for allegedly breaking the law endorsing Escobedo who admitted he broke the law? If we cannot trust Escobedo to be honest about his campaign money, how can we expect him to be honest with taxpayers money? Politics - it is always politics.

But there is another side to the story that no one wants to talk about. Rodriguez claims the decision to investigate him came after he refused to allow concerts at the stadium. He claims the covenant prohibited the concerts. He claims he was offered a bribe to allow for the concerts. How is this any different from the claim the Board used the Special Services problems against Gonzales only because he was not playing by the Board’s rules on other issues? They are the same thing.

It’s politics - it is always politics. These people who want to turn a blind eye to Gonzales’ failings, while going after Joe Rodriguez are playing politics and not seeking justice. If Rodriguez messed up he should be held accountable for his actions, regardless of the motivation behind the investigation. If Gonzales’ messed up with Special Services he should be held accountable regardless of the motivation behind the investigation. But I also believe, if in both cases illegal conduct was involved in the decision to open the investigations, that too should be investigated and those involved held accountable.

Okay, back to the FBI - there needs to be a very large organized protest in front of the FBI’s Brownsville offices. People who believe the corruption is real need to show up with signs with their issues. There should be no sacred cows. If you believe the BND Board and the DA covered-up the theft of 21.4 million dollars, then carry a sign which says, “Investigate the BND and DA for theft of 21.4 million dollars.” If you believe the mayor got away with a crime then show up with a sign which says “Investigate Mayor Ahumada.” There are no sacred cows. People who want to carry signs which say investigate the BISD Board, should be allowed to stand side by side with people who have signs which say “Investigate Hector Gonzales.” It is about protest and exercising that right of protest. If people believe I am the problem then they should be allowed to stand with a sign which says “Investigate Bobby WC.” The same goes for Accion America and everyone else people believe may be acting under bad motivation or seeking to cover-up corruption.

But here is the problem - it is football season. When will there be time for protesting?

Here is another idea. People can raise money to pay a law firm in Washington to sue the FBI with a simple demand, the judge order the FBI to investigate these endless crimes against the people of Brownsville.

I will go one step further, if someone is willing to pay for the filing fees and my plane ticket so that it can be hand filed, I will file it as a pro se. I will limit it to issues which will shock the court, 21.4 million stolen from the BND, the Livingston Affaire, the De La Garza Affair, the La Pampa Affair, and the Joe Rodriguez affair. Each of these issues can be documented without speculation as to motivation. As to other issues, once we get the attention of the FBI people can then bring other issues to their attention. For now I need to be able to attach newspaper articles to the lawsuit which leave few facts undisputed. This is what will shock the court. Endless unsubstantiated claims is not how you get the judge’s attention.

But then again, it is football season, people need their money for wings and fajitas.

Saturday, October 17, 2009

PARANORMAL ACTIVITY

If I were to base my review on the audience reaction, I would have to say great film. Personally, I found nothing scary about this film. I give the acting an A+. I hope to see the female lead in more movies.

A couple living together begin to notice paranormal things in their home. The boyfriend decides to record the events through a camera and listening device. The film is basically filmed through his camera, a la "Blair Witch."

Over the course of I think 21 nights the camera records events during the night. I am totally at a loss to explain why some women were screaming during the film. I was mostly a bit and only a bit bored waiting for something to happen. The first half of the film has a lot funny jokes. The mother in law joke was actually quite good.

Anyway, I did not get the film. It was not scary. Maybe because I believe in the paranormal and have dealt with unexplained shadows since about age 5, I am numb to the paranormal. As to the shadows, doubt me if you will, but there are many a past doubters who know me who have seen the shadows and then were no longer doubters. The shadows are so prevalent in my life a long time ago I named him my pet ghost George.

Anyway, the audience seemed to like the film a lot. All I can say is, I am glad I paid the matinee price.

SORRY NO MOVIE REVIEW

A change in medication to help me stay awake did not work. My afternoon nap went over so I missed the movie. I will go tonight.

Help me choose - The Good Citizen or The Paranormal?

Bobby WC

Friday, October 16, 2009

HATS OFF TO PRESAS-GARCIA AND PEÑA

My big issue with endorsing Presas-Garcia over Powers was Powers' refusal to publicly speak out against Gonzales and Rendon. Months before last years election it had been decided to remove Gonzales and Rendon. Powers was to be one of those votes. I knew when I endorsed Presas-Garcia it could mean Gonzales surviving his ouster. But my issue was, Powers' refusal to speak out about the problems. The Board serves the people and not the Board.

I do not know what will come from Presas-Garcia's and Peña's decision to go to DA Villalobos, but their act sent a clear message to everyone within BISD, the cover-ups will end, well unless it involves Gonzales and Rendon then Presas-Garcia and Peña will be on the front line pushing the cover-up. But for now, I am very happy with their decision.

DA Villalobos has the constitutional authority to take control of the investigation. He is playing politics by not taking control of the investigation. The idea the BISD police chief is going to initiate a full investigation against the wishes of the Board majority is laughable.

Again my hats off to Presas-Garcia and Peña.
WHAT CAN WE SAY? THE TRIAL

I was not in the courtroom so I cannot comment on the competency of the prosecuting attorney. I am curious if the decision of Ahumada to testify so took him by surprise that he was not prepared to counter.

Ahumada told so many conflicting stories to the press that it became impossible to take him seriously. Once Ahumada took the stand through a variety of mechanisms the DA was free to use the conflicting comments to impeach his credibility. If this did not happen, it was the result of incredible incompetence or a willful sabotage of the case. Either way a new DA is needed for the retrial.

Personally, I think the DA should just move on. I am not big on retrials. I recently consulted in a case wherein the Dallas DA lost a child molestation case for the 2nd time. Endlessly retrying a case until you win serves no one - well except the injured ego of the DA.

If the case is retried in January, by the time the appeals are complete the mayor's term will be over. So long as the mayor appeals an adverse ruling he gets to remain in office. So my question is, how are the people of Brownsville served by another trial? One way or the other Brownsville will continue suffer under this mayor. With another trial the issue will remain in the news and Brownsville will suffer a double injury.

Nothing on this issue appeared in the Herald, but what was the composition of the jury, in terms of where they were from. People may not realize but anyone who lives in Cameron county and is legal, can serve on a jury. How many of the jurors were from Brownsville as opposed to San Benito for example.

In the end what bothers me the most is, did the DA fail to use the mayor's conflicting statements in the press as a way to impeach his credibility, or did the jury simply ignore such overwhelming evidence of deceit?

Thursday, October 15, 2009

MISTRIAL, YES INDEEDY

I was on the road coming back from SA when 710 a.m. broke into regular programing to announce the mistrial. I will comment tomorrow. Some of my readers may be surprised by my take on the jury and the mistrial.
THE TRIAL, BISD, AND WHATNOT

Still no verdict - so I will not comment on the merits of the evidence. I will say this though - I am 100% certain that there is the possibility of a quirk in the mayor's criminal case. - it has to do with Judge Pate. The quirk is such that if something did happen the trial becomes void, regardless of what the verdict may be. Once we have a verdict I will disclose the problem.

BISD - NEVER ENDING STORY

What limited inside sources I still have at BISD are telling me that the Board is determined to keep the incompetence and corruption in place. I do not know what is going on, but people keep on telling me to investigate Springston. When I ask what to look for they tell me to just keep on looking and asking questions. There seems to be a real fear in place. One person told me that Springston is unaware of what is happening and how it relates to him, but that in fact several Board Members are concerned about an undisclosed report.

The discussions seem to get more bizarre by the day. I am not sure anymore who is lying and who is telling the truth. Like I said, it is simply bizarre. I am also told as part of the cover-up of something which appears bigger than the Joe Rod cover-up a new superintendent has already been chosen. I am told the application process will simply be a farce to make it look like they are trying to hire the best qualified candidate. This will be a repeat of how Gonzales was hired.

As to the child I have been writing about, it is not good. The child, parents and pediatric psychistrist are very concerned with the state of the child's mental health and whether or not he can take any more of the abuse. I am being told the doctor adviced the family to push harder with the TEA. I am waiting on confirmation of an appointment with an education lawyer in Corpus Christi, and San Antonio. This family is ready to move to SA and enroll the child in the Northside school district, which works directly with the child's doctor and in fact provides the teachers for students who attend classes at the pediatric psychiatric center. There is simply no money.

WHATNOT

I want to start a list of campaign web pages for the candidates in the March primaries. As soon as I receive at least two web pages for competing candidates, I will post same in the upper left hand corner.

The Brownsville city commission needs to consider going on a retreat. I know it will cost money, but in the end I think the people of Brownsville will be better served. The battling has to end. The commission also needs to revisit the stupid decision to rotate the mayor pro tem position. If we loose the mayor, which by no means is a certainty, Brownsville needs a mayor.

Wednesday, October 14, 2009

THE TRIAL CONTINUES, BUT CHAOS RULES IN THE CITY ATTORNEY'S OFFICE

Without getting into the merits of Mayor Ahumada's admission he made a mistake, the real question at this point is, why has there been a cover up as to how the mayor came into possession of the check. That investigation has gone silent. Why? If there is a verdict today, I will then comment on the merits of the Mayor's defense, and only then.

The other day while in court Assistant City Attorney Chosy came up to me crying victim. He claims Mark Sossi has no control over his decisions, and if I have a problem with how he is directing Eileen Leeds to handle my litigation against the city I should take it up with him. It was like watching a 3 year old throw a temper tantrum in the grocery store. Eileen Leeds was clearly embarrassed for herself and the city.

Chosy was so upset he demanded I take his business card so that I spell his name correctly.

Well here is a reality for your Chosy you are nothing more than Sossi's marinero. A sloppy marinero at that. Chosy you are the assistant city attorney which means you answer to Sossi. The buck stops with Sossi not you the flunky. Maybe it is time the City Commission takes Sossi to the wood shed and demand to know why according to you Chosy, you Chosy are running the show and not Sossi.

So the question is who is in charge of the City Attorney's office, the marinero Chosy, or Sossi, the unethical lawyer, or better yet no one.

Tuesday, October 13, 2009

GOVERNANCE, TRUSTEE, BISD - IT IS TIME TO END THE BOARD OF TRUSTEES- BUT FIRST A WORD ON MAYOR AHUMADA’S TRIAL

Justice is not a game to be used as a political weapon or to settle scores. It was an outrageous decision on the part of the Herald to reprint the findings of the Brownsville police on the day the trial begins with evidence. The intent was clear - to influence the jury. The jury needs to limit any decision it makes to the admissible evidence and nothing more. If the jury decides to consider evidence outside that which the court deems admissible justice will not be served. A mistrial serves no one.

During the course of the trial I will not accept comments related to the trial or evidence. It is important the jury limits its decision to admissible evidence.

BISD - IT IS TIME TO END THAT WHICH DOES NOT WORK

In theory a school board exists to protect the local interests of the community. Every community may have different standards concerning what it wants its children to learn. Further the local community has an interest in deciding how the money is spent, so long as they are being taxed to run the schools.

This so called theoretical basis for a school board is no longer reality. It is based in a different world than we have today. Today because of a Texas Supreme Court decision the primary responsibility for a public education remains with the state. The TEA effectively by its mere existence has removed local control over what is and what is not taught. The TEA sets out what is to be taught.

While there is still some local control over which text books are used, the State Board of Education decides on a list of acceptable textbooks, with their mistakes and all. While it is true a local school board can opt out of the State sanctioned textbooks, such a decision is costly and not a meaningful option for most school districts.

Policy as to what is taught, the textbooks, and the rights of the students is all decided outside the local school board. All the local school board does is oversee spending of taxpayer’s money, which should never be political but it is, and the contract of the superintendent. Yes, they do a bit more, but this has become their primary function.

Education - a meaningful education - is not even on the agenda of a school board like BISD’s. Teachers are under pressure to make sure the students pass TAKS. TAKS in my view has become a total failure and actually hurts our children. The problem is, without some measure of student learning schools will simply pass on the children who are struggling.

BISD will never move forward so long as it is governed by a school board. Further, so long as superintendents are hired and fired by school boards, politics will play an overwhelming role in the decision making.

While I can understand BISD’s decision to ask the AG to issue a ruling on the Rodriguez report, once they lost that battle they should have released the report. By failing to release the report they only created more doubt in the trustworthiness of the Board Members. When you couple this with the firing of Hector Gonzales under the guise of the misdeeds in Special Services, the Board’s actions only served to hang itself.

None of this is governance as envisioned by the term. I would like to call the board a clan of snollygosters, but in this case the term does not fit. While they are unethical, they certainly have not been very clever in their approach to corrupt, incompetent, and unethical government.

An example would be the Board’s decision to hire Eileen Leeds to prepare the death warrant for Art Rendon’s career in Special Services, while refusing to take action against Kathleen Jimenez. In the end evidence Art Rendon failed at the job is all it will take for BISD to prevail. But there is some case law which will allow a competent attorney in the area of civil RICO claims to use the evidence Kathleen Jimenez’s incompetence as evidence the true motivation of the Board was to use Art Rendon as a scapegoat to get rid of Hector Gonzales who was no longer playing the game of dirty politics. Hector Gonzales would do well for himself to seek competent counsel on this issue.

So if the theoretical purpose behind a school board is no longer a reality what is our alternative? I think a reconfigured PTA can act as a meaningful voice for the community to the TEA. I believe that putting schools under the control of professional managers hired by the regional offices of the TEA would help our schools a lot. Large school districts all over the country have abandoned the hiring of state certified superintendents in favor of highly qualified managers or former company CEOs.

Finally, spending can be handled by the regional offices of the TEA. The local PTA’s should have a place at the table concerning spending. In the end the success or failure of any school will depend on the teachers and parents. Under today’s system of school governance neither the parents nor the teachers have any meaningful voice in the process. It is time to rethink governance of our schools.

Tomorrow, something very special from the Bedlam which is the Brownsville City Attorney’s Office. Who is in charge? No one knows

Monday, October 12, 2009

BISD SAGA CONTINUES - KATHLEEN JIMENEZ NEEDS TO BE FIRED NOW, OR THE BOARD NEEDS TO REMOVE SPRINGSTON - BETTER YET THE ENTIRE BOARD NEEDS TO RESIGN

FIRST THE CASE OF PAT ALMIGHTY

I saw him in court this morning. In fact he shook my hand. I will say this, he appeared very confident. There was nothing in his mannerisms to indicate he is concerned with the outcome of his criminal trial. Maybe he knows something we do not. What we need to hope for, regardless of the outcome, is justice is done.

BISD - HERE WE GO

Tomorrow I will discuss the governance issue of the BISD Board of Trustees and make my case for why it is time they all resign and ask the TEA to take control until a new Board can be elected.

Kathleen Jimenez is not qualified to be the interim-director over special services. She seems to not understand that she cannot make major decisions involving children unless she has the child’s full record before her. She chose to not attend the mediation and then choose to claim absolute knowledge about the child. She overruled the decision of the people who attended the mediation.

Less than 24 hours later because of Rick Longoria the child had a meltdown in school. I will not get into the specifics because it will only make matters worse, but the child in the report claimed that the meltdown came after Rick Longoria made a very serious false accusation against the child. No where in the report is there any indication that Rick Longoria denied making the false accusation. Yes the child was wondering the hall when Rick Longoria encountered the child. The child’s ADHD make sitting in a regular classroom an impossibility. This has been going on for over a year. BISD has made it clear it will not address the problem. I thought we had it fixed based on the mediated settlement of the TEA complaint, but as my readers now know, Kathleen Jimenez overruled her own staff and rejected the mediated settlement - claiming the child is fine. Well the child is maybe heading for the hospital - how fine is that? (I actually hope we can avoid the hospital with a medication change.)

The science and theory concerning at least one of this child’s disabilities is mixed on a very important issue. What can cause the medication to stop working. A lot of the professionals believe that a meltdown by the child can cause for the medication to stop working. Restated, when a teacher causes the child to have a meltdown it can trigger the child's mental health problems.

This was the second meltdown this year caused by the incompetence of the BISD staff, and false accusations by BISD staff. This morning I am being told the assistant principal agreed the child was showing unusual signs. We know these signs. The nurse at the hospital after the last week long admission told us what to look for as an indicator a medication change is needed. The child returned home with the father, rather than chance an incident which would only be made worse by the incompetent staff at BISD. I can tell you with 100% certainty BISD has no interest in complying with federal and state law when it comes to mentally disabled children.

As to Rick Longoria and the other two teachers who have made false accusations against this child, the father will be pursuing complaints against the teachers individually. BISD will never fix this. The decision to make Kathleen Jimenez the interim-director over special services was a mistake. I have highlighted her handling of one problem. On this one problem she gets an "F." From this one incident you can see her management style. It does not work.

At this point the father is waiting on the pediatric psychiatrist to agree to increase the medication without seeing the child, or at least providing the child with an emergency appointment. This means another trip to San Antonio. It means more time lost from work. If history teaches us anything, the child will do another week in the hospital. although I am very hopeful that because we are catching the signs early this time the doctor can simply do a medication change without an admission to the hospital. The latest report I received on the child is good. I am really hopeful a simple medication change can fix the problem this time.
BISD SAGA TO CONTINUE,

But system still not working - I cannot copy and paste from work perfect. I will need to go to the library and make the post - hopefully before 11 or not before 11 before 1.

Friday, October 9, 2009

DISSECTING THE ART OF MISMANAGEMENT AND DISINFORMATION: WHAT DOES BISD AND ACCION AMERICA HAVE IN COMMON? A LACK OF MEANINGFUL INTEREST IN THE TRUTH AND OUR CHILDREN- OH AND PETER ZAVALETTA ON AGGRAVATED PERJURY

Apparently some people are mad over my hard hitting piece against Kathleen Jimenez. Here are the facts in a nutshell. The TEA certified the complaint of a father who has a learning and mentally disabled child. The key evidence to prove the complaint were e-mails to Hector Gonzales and Otis Powers, and e-mails from Hector Gonzales to Dr. Montoya (assistant superintendent Hanna cluster) The issue was among other things the child needing to get tested for ADHD. The evidence submitted to the TEA shows BISD took no action to help the father other than Hector Gonzales sending an e-mail to Dr. Montoya stating he is sure he took care of it - well he did not. The other evidence to the TEA was medical records from a pediatric psychiatrist verifying the child has ADHD. BISD has failed to conduct an ARD which reflects the ADHD. BISD failed to do the ARD required by law when a child returns to school after being released an entire month early the previous year.

With this knowledge and a lot more, according to her supervisor, Kathleen Jimenez who asked to mediate the TEA complaint with the father chose not to appear at the mediation because the child’s records indicate he is passing his courses at this time. This formed the basis for rejecting the mediated settlement reached between the father, Dr. Lee Garcia, and the child’s principal.
When I know the child is struggling with his math and it takes several minutes for the child to subtract 5 from 13, I know the child has not turned in all of his homework, and the child never turned in his science project, although he did it, I have reason to believe someone is fudging his grades.

But grades aside, the parent and assistant principal met several weeks ago over the child’s inability to sit in the classroom. The complaint was not from the parent, but the assistant principal. My point being the school officials are fully aware that the child cannot sit in a classroom of 30 students. He gets overwhelmed and easily confused in such a classroom. This problem of the child wondering the halls has been going on for over a year. The pediatric psychiatrist has put in writing to BISD that the child must be in a more structured classroom. This problem caused the child to suffer another meltdown yesterday and needed to be removed from school. But according to Kathleen Jimenez all is well with this child.

It only gets worse from here - I can go on but I think I made my point. Kathleen Jimenez can say "well I was mislead and did not have all of the facts." Well you know what Ms. Jimenez, had you attended the mediation of the TEA complaint you might have learned something. Ms. Jimenez you cared so little about the complaint that you did not see fit to provide your representative with even a copy of the complaint.

Rather than throw out global allegations about what is happening within Special Services under Kathleen Jimenez, I have given a clear picture of Kathleen Jimenez’s mismanagement of a TEA complaint. It is all verifiable. What I can tell you with near certainty nothing will be done about it. I am moving forward to help this child. I know the system well enough to know that in the time it takes the Department of Education to act this child will be thriving in a classroom of 10 students or fewer in the Northside school district. Kathleen Jimenez will still be angry and doing nothing of any real substance to change BISD for the better.

I received the following e-mail from BISD Board Member Presas-Garcia.

"Good Morning!

Mr. Wightman-Cervantes

Please forward the complaint direct to Emmi Johnson at TEA she has a file in her office of problems within our District. Mrs. Johnson said the only way TEA would ever do anything is by having formal written complaints by the parents and/or a representative. She also stated TEA should and would investigate if complaints come from Special Education. Another topic she discussed was parents do not need to go directly to BISD with Special Ed complaints. The parents of any Special Ed Students may go directly to TEA there is no need to file any complaints to BISD if BISD has failed the students.

I know we have many issues in Special Education Dept and I would like to see things change for the better. Our student's have gone too long with the improper help and/or wrong diagnoses. I ask that you call TEA ask for Emmi Johson and ask her to give you her fax number and e-mail. I would give it to you but at this time I do not have it with me.

Sincerely,
 
Catalina Presas-Garcia
Board Member "

I hope parents will find it helpful.

In this battle which has gone on for over 2 years, I have been consistent in going after the BISD Board. I took a lot of heat when I accused them of being child abusers, based on their neglect of the special needs children. I have successfully filed TEA complaints for parents forcing BISD to respond and make changes.

In the heat of the battle Robert Sanchez, Juan Montoya, Jerry McHale, Eduardo Paz-Martinez (the weasel still running from service of the lawsuit - I am waiting on the Texas Supreme Court to approve service by and through Jerry McHale - [Did Jerry tell you that Eddie boy, or did he withhold that piece of information]) conspired, so I have alleged, to accuse me of being HIV+, a child molester, and performing sex in a public gym. This was their response to my battle cry against these abuses by BISD against the special needs children at BISD. It should be no shocker that these four who were so desperate to cover-up the abuses are now in bed with Carlos Quintanilla who seeks to continue the cover-up of the abuses by Hector Gonzales and Art Rendon.

Now, all of a sudden, when it suits their needs they claim Hector Gonzales and Art Rendon were trying to expose the abuses and were removed for their efforts. People may be surprised I mentioned the lawsuit, but it is about context, and not the merits of the lawsuit. This context is being put before the Texas Supreme Court and a federal judge along with the pornography and discussion of the pornography Robert Sanchez is so desperate to keep silent. If Sanchez does not like what his lawyers are doing in his name, then he should fire them.

This battle for our children must be won. Accion America is not about the children. If they were about the children how do you explain for a second time they have chosen to get in bed with a man who promotes such pornography as women urinating, and women defecating in each other’s mouth. What benefit does Carlos Quintanilla see for our children in aligning with people who promote such pornography? The question is about character and in some ways desperation.

Carlos Quintanilla is a self-promoter who will lie about everything and anything to move forward. Long before he came to town the Herald broke the story about the jail commissary contract. When that story broke Commissioners Court made it known to Sheriff Lucio the contract needed to be put out for bids in the future. Carlos Quintanilla had nothing to do with this matter. But yet, such as I predicted he is taking credit for it.

Long before Carlos Quintanilla came to town myself along with a lot of parents put pressure on the BISD Board to act against Hector Gonzales and Art Rendon over the mismanagement of Special Services. The decision to rid BISD of Hector Gonzales and Art Rendon came well over a year ago before the last BISD election. Hector Gonzales recruited Presas-Garcia to run against Otis Powers for one reason and one reason only, to protect his job.

The parents who fought long and hard won this battle against Hector Gonzales and Art Rendon, albeit through a Board which used the Special Services mess as an excuse to get rid of them as opposed to being the real reason for firing Hector Gonzales, whatever that may be. Now out of nowhere appears Carlos Quintanilla, supporter of pornography promoted by a highschool teacher, and says, "foul, how dare you parents of special needs children force the Board to fire Hector Gonzales." We won our battle Carlos Quintanilla. You need to go back to Dallas and continue to fight the 100% failed battle you have lodged against Dallas ISD.

If you have a case, why do you need to get in bed with people who promote pornography, especially when that pornography is being posted by a BISD teacher whose students know of his web page. Why are you not up in arms about that? Who but a sick mind gets in bed with a highschool teacher who promotes pornography with the full knowledge of his students? A desperate man is who.

What we have consistently seen from Carlos Quintanilla is disinformation. He claims to have reports, but fails to post them to the internet to allow the people to read them and form their own opinion. When he failed to post the Overton Report, I posted it. I trust my readers to know a cut and paste job when they see it. Evidence is not what you say it is, it is what it is, which is why you publish it to the jury to read and to form their own opinion.

This morning Carlos Quintanilla raises the question of what was I doing at BISD? Was I getting contracts? Well I told my readers what I was doing at BISD. I have publicly denounced the interim-director over Special Services as incompetent. I have called for her ouster.

But now everyone has insight into Carlos Quintanilla. Everyone read my summary of exactly what I was doing at BISD. Unlike Carlos Quintanilla, I actually have official and transparent access to BISD. I secured a valid TEA complaint based on evidence which shows Hector Gonzales’ incompetence. I went to mediate the complaint. I came forward with the results. I made public Kathleen Jimenez’s incompetence.

Although I gave full disclose, Carlos Quintanilla, whose primary voice is through a pornographer, chose to imply maybe I was getting contracts for myself. That is a laugh.

Back to my lawsuit, unfortunately for Jerry McHale he chose to take the free services of a sociopath by the name of Peter Zavaletta. I cannot call Peter a liar because I do not seriously believe he knows he lies. You see Jerry the law does not require you to use my name for it to be defamation. All that is required is that the readers know about whom you speak. A real lawyer competent in the law would have known this - but then you have Peter Zavaletta as your lawyer.

This is the way it works Carlos, Jerry is being sued for the lies he promoted about me. You chose to get in bed with him and promote more lies, hence you become a coconspirator. This means you Carlos can be added to the lawsuit. At the point the Texas Supreme Court acts to allow the lawsuit to proceed or sooner, you Carlos and Accion America will be added to the lawsuit.

Just to make this interesting, I will send a letter to the owner of Healthsmart. I will demand he sign an affidavit he has not given Carlos Quintanilla, Accion America or Care Brownsville a penny. If he fails to sign such an affidavit he will be added to the lawsuit.

Carlos you have been to jail once for conning people. Now you are in bed with a group with at least one lawyer who chose to do business with the judge while the case was pending, another person who destroyed evidence, namely Robert Sanchez, who has already committed aggravated perjury before the Texas Ethics Commission, and Jerry McHale whose lawyer Peter Zavaletta has advised him to commit aggravated perjury. You are the company you keep Carlos Quintanilla.

Ask Jerry about his decision to take Peter Zavaletta’s legal advice and commit aggravated perjury. Jerry is facing jail time for breaking a court order. Peter Zavaletta has advised him to lie to the court and state Peter Zavaletta could not communicate with him about the court order because Jerry does not have an e-mail. Here is a fact, you cannot run a google blog without an e-mail. I will be submitting a lie detector test to the State Bar on the issue and any law enforcement agency which might have jurisdiction over the matter.

So Carlos, what is it with you and your compulsive need to lie and get in bed with bad people? I will continue to hold everyone at BISD accountable, and not just the ones who suit my political agenda. Hector Gonzales is toast. He is too stupid to realize that so long as he has money lawyers will take it.

Here is a reality check for your Carlos, the best lawyers in the world argue cases before the United States Supreme Court. At the end of the day one walks away a looser. Point being, being the best does not make you a winner - it just means you can bill more to a fool client dumb enough to pay you.
BV does have a hard hitting commentary today on BISD and disclosures of more corruption by Peter Zavaletta - The copy/paste function on my computer is still not working - it was working yesterday, but this morning it is not. I am off to the library to publish on their computers. I had to loan my laptop to a BISD child. She is at home for six weeks. The teacher informed the parents that BISD does not have enough books to provide the child her social studies book for home use. They gave her a disk. Does that child have a computer? No - BISD at its best. Oh yes, the highschool is Hanna, udner the direction of Dr. Montoya - are you beginning to see a pattern?

By 11:30 there will be a post

Bobby WC

Thursday, October 8, 2009

IF SPRINGSTON FAILS TO IMMEDIATELY REMOVE KATHLEEN JIMENEZ AS INTERIM-DIRECTOR OVER SPECIAL SERVICES, THEN THE BOARD NEEDS TO REMOVE SPRINGSTON

Based on the entire story and medical records, tomorrow I will fax directly to United States Attorney Eric Holder a request for a formal civil rights criminal and civil investigation against BISD, Kathleen Jimenez, and Interim-Superintendent Springston. It is now beyond surreal. If Ms. Jimenez's defense is she was lied to, then she should be fired for not seeing the obvious, and the person who lied to her should be fired.

This child who Kathleen Jimenez claims to be fine, had another meltdown in school today. According to the assistant principal the child has been wondering the halls again. You see when he cannot function in the regular classroom rather than get frustrated and disrupt the classroom he gets up and leaves. The teachers fearing a meltdown allow this to happen. Well someone saw him where he did not belong, and forced him back to class. You cannot touch this child. This child must be handled with knowledge of his disabilities. This has been explained to them over and over and over again. They have no interest in dealing with this child based on his disabilities.

First of all, had BISD done its job such as the pediatric psychiatrist had requested, this child would not have been in a regular classroom where he cannot learn. Second of all, the father and I have begged that the staff at this middle school be trained in how to handle this child, who has a very disabling biologically based mental health disorder. I can tell you a federal judge can threaten to put every person at this middle school in jail if they fail to receive training, and they would simply ignore the federal judge. The idea that they should be trained in how to deal with a mentally ill child is beyond their mental comprehension. They will never do it - not matter what a judge says, the TEA says, or the Department of Education says.

Now, because property was damaged, the father was told that if it exceeds $50.00 the child will be charged with criminal conduct. This is going to stop. After faxing my formal request to Eric Holder, I will begin to search out mental health advocacy groups all of the US. I am prepared to send out as many packets as necessary until we find a group prepared to file a suit on behalf of this child.

Kathleen Jimenez is a threat to the safety and welfare of every special needs child in BISD. She either lied to her boss Mr. Garcia about why she did not attend the mediation on the TEA complaint, or she simply did not care enought to attend and then retaliated against this child by rejecting the mediated settlement. Either way she must go.

If Kathleen Jimenez thinks I was hard on Art Rendon, she hasn't seen anything yet. I will keep on filing both federal and state complaints until she is removed as the interim director over special services. I will be amending the pending TEA complaint to show how Kathleen Jimenez retaliated against this child by rejecting the mediated settlement, and how the evidence coming from the assistant principal at this middle school shows she lied to her boss Mr. Garcia as to why she did not attend the mediation on the TEA complaint. If Mr. Garcia lied to the father, then let Ms. Jimenez call Mr. Garcia a liar,
KATHLEEN JIMENEZ APPEARS TO HAVE RETALIATED, THE RODRIGUEZ REPORT - AND THROWING ART RENDON A BONE

(Correction - sort of - The Herald in fact has done a story on the issue of Rodriguez. I think their failure to discuss the content of the reports is based on what I say herein. As to other sources claiming to summarize the reports - I do not use sources which I know in the past have been less then honest or accurate. I would love nothing more than to be given the opportunity to post the reports in their entirety at the BV. The bulk of my readers are capable of reading the reports and forming their own opinion. The bulk of my readers do not need my interpretation of the reports to understand same.

Here is the Herald article - well the cut and paste is not working again - ug! just go to the Herald you will see it.)

I am going to go backwards from the headline. I do not know if Accion America ever released the Rodriguez report. I would certainly have no problem posting it in its entirety. While I know of no case law providing bloggers the same protection as journalists, I would be willing to fight that battle. Under the "Pentagon Papers" case, a journalist can publish documents which were illegally disclosed or released.

If the reports were released by Accion America, my view is the Herald's lawyers are currently reviewing the law on the issue for purposes of liability, or they have already told the Herald nogo with publishing or discussion of the reports. Here is why.

If we all remember Peter Zavaletta got the Herald sued over a similar situation. This is the sole reason they will not print any add currently being offered by Zavaletta. The rule of thumb in the industry is, once someone gets you sued, you never do business with them again. Any journalist with minimal knowledge of the industry would know this.

The problem with the Zavaletta ad was not it content per se, but how the ad implied that the people listed in the document were in fact guilty. This is an important difference in understanding how the Herald covers the Rodriguez report. The Herald is free to report what the report states so long as they are merely reporting it as the content in the report. The Herald has already spent money fighting to get the report. They have no interest in covering it up.

I am curious that BISD and or Rodriguez did not seek a TRO against disclosure. With the pending litigation over the issue, the judge certainly would have issued a properly requested TRO. Maybe one has issued, and that is why no story has appeared. I will attempt to investigate today.

My point being, given the potential for the Herald being sued over publishing the report, and the potential criminal charges which can be initiated against anyone disclosing the report or reporting on the report, for now I can understand why the Herald would be waiting approval from their attorneys.

KATHLEEN JIMENEZ

I want to say this in clear terms - if Springston fails to remove Kathleen Jimenez as the interim director over Special Services then the Board needs to remove Springston as the interim superintendent. I have never denied that the decision to remove Gonzales and Rendon was political and not because of their failures within Special Services. The latter, under the law, justified their removal. Where the law fails the people is the truth coming out about how it was in fact 100% political and not about the children.

It is my view Kathleen Jimenez retaliated against an innocent child because of my post the other day. Her office called for a mediated settlement over a TEA complaint. The father and I appeared. Kathleen Jimenez, and Gary Wilhite failed to appear, although they stated they would be there. Part of the problem is Dr. Montoya who oversees the Hanna cluster. I do not want to repost the e-mails, but it was Dr. Montoya who Hector Gonzales sent the e-mail stating that he, Montoya, had in fact taken care of the problem with this child. Well as we now know he did not, which is why the TEA certified the complaint and ordered BISD to respond.

Dr. Montoya, failed this child, Gary Wilhite, (in charge of special services for the Hanna cluster)failed this child, and in fact BISD has failed this child. And no one will be fired - why?

The father learned yesterday from Kathleen Jimenez's supervisor that she did not show at the meeting because she reviewed the child's performance at school and determined the child did not need any special help. I will take her at her word. Her word tells me she is not qualified to wipe asses.

This child takes two different medications for ADHD for a total of 4 pills a day. The school nurse administers one dosage at noon. The TEA complaint is about BISD's refusal to test the child for ADHD or help the parent get testing. The child is treated by a pediatric psychiatrist in San Antonio. The SA doctor diagnosed the ADHD, in addition to a very serious biologically based mental health disorder which has resulted in the child being hospitalized 3 times in less than a year. The child was diagnosed with 2 additional disorders which interfere with his ability to learn.

According to Kathleen Jimenez, who reviewed the child's record, this child has no need for special assistance. The pediatric psychiatrist in writing requested BISD put this child into a structured classroom, which in effect was the negotiated settlement reached by the father and the two people who did attend the meeting.

Last year the child was release from school an entire month early because he could not be maintained in a regular classroom. This was BISD's decision to release the child a month early while moving the child up to the next grade. Now comes Kathleen Jimenez and says everything is fine with the 8th grade student who maybe reads and writes and does math at a 5th or 6th grade level. The other night it took the child several minutes to subtract 5 from 13. It was a baking of brownies thing. I make everything into a learning experience.

It is my view and my view only that Kathleen Jimenez rejected the settlement proposal as retaliation for my post about her failure to attend the meeting. I hope Presas-Garcia is willing to speak up on the issue as the attorney's fees go up. The TEA recommended that part of the complaint be handled as a due process violation. The parent will now move forward on that front. The parent has also asked that I ask a lawyer within the Civil Rights Enforcement Section of the Department of Education to advise on the issue of BISD creating a hostile environment for this child, thereby making a meaningful education impossible.

In hopes of finding a meaningful solution I have held in my approach to this matter. The other day I was excited over the settlement because it meant helping a lot of kids, and not just this one child. It is not a money issue, because the money is already in the budget. It is simply Kathleen Jimenez, in my opinion, being petty and vindictive over my post about her failure to attend the meeting. Maybe had she attended the meeting she would have learned all of the facts, or maybe we would not be in the situation wherein she rejected the mediated settlement.

I also believe her boss, a Mr. Garcia, should be fired for allowing her to reject the mediated settlement agreement. Until this Board gets serious about meaningful accountability by the directors, assistant superintendents, and superintendent nothing will change. The Board completely dropped the ball on replacing Art Rendon. The children of BISD are now stuck without a qualified director for maybe another 4-6 months as this process plays out and a search for a new director is completed.

A CURIOSITY ABOUT SPRINGSTON

I did not make the connection until yesterday. It was Springston's office which generated the so called damaging report against Rodriguez. I am not sure what to make of it. Why would the Board promote to the position of interim-superintended the man who generated the Rodriguez report? The promotion was clearly a reward and vote of confidence - political? - never. Why would the Board promote a man who generated a report which the same Board seeks to keep secret? Got me.

HERE BOY, COME GET YOUR BONE

I am tired beyond comprehension over the endless game playing and corruption at every level in Brownsville. I thought Dallas was bad, but Brownsville makes corruption a way of life expected of everyone.

Eileen Leeds of Willette and Guerra has been hired to do the hatchet job on Art Rendon. Her report will form the basis of his discharge. I can say with 100% certainty Eileen Leeds is an unethical lawyer prepared to lie to the court. She lies to the court because she is one of the State Bar whores protected from accountability.

I made a request in writing to Ms. Leeds to provide dates when Pat Ahumada, Charles Atkinson, and Mark Sossi would be available for depositions. I gave her more than a week to respond. When she failed to respond I set the depositions. In what was the first of two attempts to poison the well with the judge she point blank lied to the court and stated I never tried to cooperate in the setting of the depositions. Kathleen Leeds will be taken to the State Bar. I am forwarding the complaint to the Chief Justice of the Texas Supreme Court asking that he forward same to the State Bar. I am doing the same as to Mark Sossi. He has breached his duties as a lawyer by refusing to forward to his client the settlement reached between myself and Ms. Leeds.

So there is your bone Rendon - If Eileen Leeds is prepared to lie to a judge, she will certainly lie about and/or spin what she puts in the report back to the BISD Board.

Ms. Leeds and the City of Brownsville are about to learn what happens when the only defense you have is lying to the court, and intentionally trying to mislead the court. This is about to cost Willette and Guerra money. Funny thing - this is the second time Mark Sossi's unethical conduct is costing Willette and Guerra money. Some people never learn.

Wednesday, October 7, 2009

FINDING SOLACE IN REFLECTION

First a computer update - nightmare absolute nightmare - understatement to the person who stated I should have waited the two weeks and used the warranty. As it turns out HP no longer provides the drivers and programs with the computer. You can download the original of everything for your computer from the Internet. I will ask the service I used to start from scratch and download everything from the Internet.

Getting older is actually an interesting process. I guess I am fortunate because I am embracing it rather than seeing it as a bad thing. I am really enjoying it. One reason for the joy is the breadth of time which is part of the reflection. Trust me at age 30 you do not have the ability to reflect the same way you can at age 51. I am already curious to know how my reflections will change between now and age 70.

Life is this great and wonderful adventure. It is what you make of it. I think my lack of interest in money has made my life a lot more interesting. I have always put principle over job and money. The funny thing is, I always seem to be fine with money anyway.

When you begin to think back on your life and what you have done and have not done, you kind of find a solace in knowing you have lived life and made the best of it. There is a lot to be said for Edith Piaf's famous phrase "I regret nothing." How can you regret you life and still be happy.

Mistakes are not a bad thing, so long as you learn from the mistakes and grow. This is the great adventure in life - live and learn.

BV will be back tomorrow with something hard hitting.

Tuesday, October 6, 2009


IT'S A GIRL


The baby is actually due next week, but I bought this today at Sears. The family is broke and will be challenged to keep the baby in clean pampers. The soon to be grandfather has noted I am more excited about the baby than anyone but the mother.


Because the mother is finishing highschool this year and not dropping out I agreed to take care of the big items such as the crib. It is easy to be mad about a teenage pregnancy but in the end the question for me is, will she finish school. I am also always happy when abortion is rejected as an option.


You know money means nothing to me. Just because you own a million dollar home does not mean you have a million dollar heart. I have always found people who love to throw around money for themselves have dollar store hearts. It is easy to judge those who have made mistakes. The challenge is in helping them learn from their mistakes and helping them to move forward.


It's a GIRL - I think the name will be Isabela Maria
COMPUTER PROBLEMS PERSIST

Does anyone know if these services which claim to reinstall the missing drives are legit? I cannot find my original software which came with my computer. This is weird because the software for my laptop and old computer are exactly where I put such things.

I am sorry if I missed a comment or two. The publish reject function right now is a mess. I know this morning I lost some medical question which I wanted to answer. You can repost if you like. Anyway I hope to have the computer working again at 100% by today. Oh, btw I have 6 gb of operating memory. I know it is a lot but I wanted this computer to last. It was an investment decision.