Friday, November 20, 2009

BISD MELTS DOWN INTO A COMPLETE DISASTER - IT IS TIME PRESAS-GARCIA GOES NUCLEAR AND TAKE DOWN THE WHOLE SHEBANG - BISD TO PAY FOR CHILD ORDERED HOMEBOUND BY DOCTOR

As if poetry is guiding the process Presas-Garcia will be deposed on Pearl Harbor Day, December 7, 2009, a day which will live in infamy. As Montoya reported, then deleted from his blog, the law firm of O’Hanlon and Associates will be representing her interests at the deposition. It is fair to say O’Hanlon lost round one. And contrary to Juan Montoya’s near psychotic need to mislead, there was no forum shopping. The parties live in Cameron County. Forum shopping was popular in Texas some 10-15 year ago before the venue statute was changed to make it harder for plaintiff’s lawyers to shop cases around the state based on the extent of the judicial corruption in the district. Cameron county was one of the favorite places plaintiffs’ lawyers would come based on its reputation that judges were readily bought and paid for. Hidalgo County was right there next to Cameron County.

So people know how the process works at the court house, when you file a lawsuit you go to the 3rd floor, for district courts. After you hand the lawsuit to the clerk she enters some data into the computer and the computer randomly chooses the judge. Years ago lawyers would actually stand there with non-suits prepared in advanced if they got the wrong judge and actually pay 3-4 times for the same lawsuit until the computer picked the right judge. That practice has stopped. I will say I have zero confidence in how courts are chosen in criminal cases.

The DA’s office will bring a stack of cases to the clerk’s office and then the courts will be assigned. The problem is when you have a clerk handling a large group of cases at once it is a lot easier for the clerk to move the files around so that a particular judge gets a particular case. I do not know if this is happening in Cameron County, but the potential for abuse is certainly there. In the end, there was no forum shopping. I am as certain as the day is long that Presas-Garcia's lawyers would have made a big issue of the matter if there was any evidence, period, of game playing in how the judge was assigned to the case. Or is Montoya saying O'Hanlon and Associates are too stupid to fight the issue?

As to this law firm, O’Hanlon, before Montoya took down his post, they agreed to represent Presas-Garcia at the request of the great Carlos Quintanilla. I do not know, but if Accion America is paying for her legal representation, it will go down in history as one of the dumbest moves ever. The appearance is, buying a witness. It is done all of the time, but rarely works.

As to the great skills of O’Hanlon and Associates, in the Donna ISD case, you had indicted Board Members. Losing the Donna ISD case would have been like losing a murder case wherein you have the murderer on video and the defendant offering the jury autographs while bragging about being the person doing the murder in the video.

On the limited issue of Presas-Garcia turning the reports over to the DA, I have no doubt that if her lawyers would bring BISD into the suit to force BISD to pay for her attorneys fees she would win. There is no ifs and buts on this issue, whether or not Joe Rodriguez did anything wrong, so long as she believed the reports show evidence of criminal conduct, she had a fiduciary duty as a Board Member to take the matter to the DA.

The Herald is reporting, which I highly question as to its accuracy across the board, that Villalobos claims the procedure was to first bring the matter to law enforcement for investigation. That is not the law and he knows better. As a Texan Presas-Garcia has the absolute right to walk into the grand jury and ask that they investigate. By law Villalobos has no right to stop the process. But he has- Along with Judge Lopez he blocked my grand jury referral as to the La Pampa Affair. Any lawyer on behalf of Presas-Garcia or Presas-Garcia herself can walk into the grand jury and demand they investigate Villalobos for obstructing justice on this issue and any other issue - kind of like the $500,000.00 to his former law partner Eddie Lucio, while allowing a confessed murderer to walk out of court. (Eddie only got a % of the money, the rest went to the victim’s children)

Presas-Garcia needs to stop listening to idiots and accept her fate. With her fate in place, she needs to go nuclear and tell the entire story and bring this entire Board and Springston to their knees. If she does this the people of Brownsville will forgive her any transgressions she may have committed.

THE CHILD

These are the words of the pediatric psychiatrist from SA who has been treating this child about whom I regularly speak. BTW, still no phone call from BISD to see how the child is doing - “That’a boy Spingston” professionalism at its hight. “[The child] needs home-bound schooling - a regular classroom with 30 students, certainly, does not meet his needs.” He wrote it this way because last time when he wrote the child needed a structured classroom, the esteemed and incredibly well educated Assistant Principal Cardenas took the position that a classroom of 30 students is well structured.

As my readers know the father negotiated a mediated settlement of putting the child in a classroom of 10 or fewer students. Kathleen Jimenez failed to attend the mediation, failed to send anyone who actually knew what was in the TEA complaint, and then without consulting the father rejected the settlement. The TEA then moved forward with findings against BISD, based mostly on the neglect by Hector Gonzales and Art Rendon.

The three most egregious acts against this child by BISD are as follows: last Spring Mr. Ramos, formally in charge of Behavior Intervention falsely accused this child of wrong doing which result in the child having a melt-down. To cover-up the wrong doing by Mr. Ramos, the child was falsely arrested and accused of criminal conduct. The principal was and remains the main witness that Mr. Ramos had no business going near this child at the time of the event.

The new person in charge of Behavior Intervention, Mr. Lopez, was told he could not touch the child even in a friendly way. The father demonstrated how a simple friendly touch could result in a melt-down. Needless to say the following day the child had to be removed from school after a melt-down caused by Mr. Lopez touching the child in the exact manner he was told not to touch the child.

Then comes City Commissioner Rick Longoria who falsely accused the child of criminal conduct on campus. When asked to produce any evidence to support his claims - none. The child had a melt-down and had to be removed from school. All three of these events occurred under Springston, and at least two of the three occurred under Kathleen Jimenez. This endlees barage of false claims against the child resulted in the child being hospitalized.

I am hoping to have a complete package ready for the three lawyers I have looking at this case for suit against BISD. The TEA expressly recommended pursuing a Due Process hearing. There is not a lot for me to do, I just cannot seem to work for more than an hour a day. All I have left to do is send them the TEA complaint and findings, along with this latest statement by the pediatric psychiatrist. My personal view is I wish BISD would settle directly with the family so that 100% of the money can go for the benefit of the child, and they can move to SA immediately.

The immediate question is, will BISD comply with the pediatric psychiatrist’s recommendations or will Kathleen Jimenez continue to ignore reality and the law. If this family is forced to go to court to force compliance with the law, the damages are going to go through the ceiling.

BISD and their pathologically lying and hopelessly corrupt lawyers claim that Gonzales and Rendon were removed over their mismanagement of Special Services. This is not true and the Board’s refusal to take Springston and Jimenez to task for their mismanagement of Special Services is the proof. While I believe Gonzales and Rendon both needed to be removed because of their mismanagement of Special Services, I am not the type person who believes the ends justify the means. They were removed for political reasons and it is time we get to the truth.

PRESAS-GARCIA NEEDS TO GO NUCLEAR

I am going to do everything in my power to insure Springston is sued over Special Services before the vote to formally hire him as the new superintendent. I have no control over the process, so I can only do so much. What I can do is call for a formal Department of Education and TEA investigation of Springston. I have other things on my desk which must come first, but I hope I can have the request for an investigation complete by next week.

I know how people work. Lying is so much easier for people than the truth, and ignorance is the fertilizer which feeds far too many people’s small mindedness, especially journalists, former, journalists and far too many people who post anonymously to the blogs.

An anonymous blogger claimed that Enrique Escobedo works for Dr. Joe Jimenez, husband of Kathleen Jimenez. If I know with 100% certainty at least one thing in that statement is wrong, then I have reason to believe other parts are wrong. Escobedo is a medical doctor, Joe Jimenez is not. Under the Stark Laws, a medical doctor cannot work for a non-medical doctor. They are coworkers.

http://riomed21.com/AboutRioMed21/tabid/163/Default.aspx

If the anony poster got this wrong it would not then surprise me if they are also wrong about Kathleen Jimenez being the wife of Dr. Joe Jimenez, Dr. Escobedo’s co-worker. But if it is true, a jury is going to go psycho on BISD and Springston.

If, big if, Kathleen Jimenez got the job as a favor to Dr. Enrique Escobedo, then the appearance is, Springston is ignoring the mismanagement of Special Services in exchange for Escobedo’s support for his bid as the new superintendent. If this is what the facts show during trial, the careers of this entire lot will be lost forever. If everyone remembers Escobedo changed sides out of the blue.

Presas-Garcia needs to bring this mess out at the next Board meeting. She also needs to have her lawyers immediately sue BISD to recover her attorney’s fees. If she is on her way out then she needs to use this moment in her history to do the right thing and bring down the entire criminal enterprise known as BISD. People will always remember her as the one who brought an end to the corruption. If she uses this moment in history to use this information to her political advantage instead of exposing the corrupt underbelly of BISD, she will always be remembered as a political whore. She has one simple decision to make. Will she do the right thing or forever be known as a political whore.

As to the recommendations of the pediatric psychiatrist, it is being scanned and e-mail to the entire BISD Board.

3 comments:

Anonymous said...

just tell caty to talk to some old Teachers credit union members and find out all the truth about J.R.
Big old news there

Anonymous said...

H. Glz and A. Rendon are loving the spotlight switch.

BobbyWC said...

You betcha, and I can assure you based on inside information their lawyers fully appreciate the fact I truly take no prisoners - I will cover the story without compromise.

As I have said from the beginning both should have been fired over special services - they were not - it was dirty politics.

We should never reward dirty politics, although they were technically removed for the right reasons. We are not going to stop this type game playing until the law recognizes that some measure of damages should be awarded in these type situations. Clearly not as much as if there was no reason to fire them, but something.

This is the way a story is covered when you are interested in the truth.

My entire thing with Joe Rodriguez is - his trouble to the extent it is real appears to come from his refusal to give into the demands of a former Board Member. On this issue people should be praising him.

I can assure you to a person everyone who is going after him would be nailing him had he given in to this former board member and they did not like the board member - but of course the standards change when you are really going after Joe because he refused the pressure of the former board member you seem to support.

We need to get to the truth, which includes the name of this former board member.

People I will not publish comments speculating on the name of this former board member. If you have a link from JR disclosing the name I will then post it.

Bobby WC