Thursday, December 31, 2009

HAPPY NEW YEAR AND BE SAFE

TO ANYONE DUMB ENOUGH TO FIRE A GUN AT MIDNIGHT - MAY THE BULLET COME DOWN ON YOUR HEAD AND SAVE SOCIETY THE NIGHTMARE OF YOUR CONTINUED EXISTENCE.

Remember the men and women in blue are out there to protect us. Give them a break and drive particularly safe when passing them if they have someone pulled over. In fact it is just best to be an entire lane over from them when possible.

NOW GO AND BE SAFE AND HAVE FUN.





Wednesday, December 30, 2009

A SIMPLE QUESTION AND OBSERVATION

Reputrican talk radio and its army of lemmings who love to call in have now caught on to this notion that the US government is a failure at everything and therefore they cannot be trusted with healthcare. If our government is such a failure at everything then why do we have the most powerful and efficient military on the planet? Why does the world look to the US for stability? Why is our economy the leading economy in the world, based on the per capita population?

Reputricans live in a land of fairies. Everything must be 100% perfect or else it is a failure. To the credit of the American people they do not believe in such nonsense. I love when people say, why is UPS a profit maker and the US Post Office is not? Two reasons, they are not tasked to deliver millions of pieces of mail every day at a cost of 44 cents, and they do not deliver on Saturday.

On heathcare I have pulled my support for the reform as currently configured. It is a cash cow for the insurance companies and a unbearable financial drain on the people. One again the corporatist running the Republican Party and Joe Lieberman have proven they can get the dumbest of the American people to do their bidding. It is better we do nothing than allow the corporatist to force the American people to support their greed.

Tuesday, December 29, 2009

BACK FROM NEW YORK

BV will be back in full swing tomorrow. Yesterday was the travel day from hell. I made the mistake of travelling through Newark and then taking the train out to eastern Long Island (2 hours not bad). It was the same when I arrived and left. The Continental staff at Newark are rude and unprofessional in a way I have never seen by airline employees. Coming home I was shocked on how easy it was to get through security.

Anyway, I need today to recover. During the course of the weekend I expect to post lots of pictures of snow, and Peconic Bay. I had never been out to Peconic Bay so it was a a nice change. Many of the churches date back to the 1600's. We had lunch at a nice Italian restaurant right on the bay. Last year my brother bought his summer home in a small town on the bay, so now this is his getaway.

Monday, December 28, 2009

HEADING TOWARDS A NEW BEGINNING

The New Year is upon us. Do we change or do we stay the same? I suspect we will stay the same because doing the same old thing is so much easier than changing. As the election cycle starts up most will decide Joe is less corrupt than Jim so Joe gets the vote. For me this is not an option.

I will be voting in about 1/2 of the races in the Democratic Primary. But to be clear, anyone unwilling to denounce the corruption of the Cameron County Democratic Party and in particular DA Villalobos, will not get my vote come November. This basically means for sure I will not be voting in any of the statewide races, or for Ortiz.

All it will take to bring about meaningful change is a local political organization willing to take a stand against the corruption. If they can send a clear message that they have the organizational structure to organize a meaningful boycott against the Democratic Party, Austin may finally listen to the people of Cameron County.

Nothing will change in Cameron County until such time as Austin takes the position that things must change. Austin does not care one bit about Cameron County. We are nothing more than bodies linked to the Democratic Party.

In the end the true responsibility for the corruption belongs to the people of Cameron County. I do not believe it is a matter of not caring. I think it is a matter of leadership to guide the people in a new direction. People are better at following than thinking. I can blog for a million years and most people will never understand the importance of independent and critical thinking.

So the question is, will we remain the same, or will we organize to force change? My money is on staying the same - it is is so much easier.

Friday, December 25, 2009


MARLEY AND ME
I still cannot sit long enough to get through a movie at the theater. HBO is showing Marley and Me. What a great family film at so many levels. It is basically a film about the history of a new family and the growth of the family. Marley becomes a marker for each stage in that growth. If you love dogs I strongly recommend this film.
MERRY CHRISTMAS

A GIFT FROM NATALIE AND NAT KING COLE

Guys take a day off from the Internet - go have a good time - find joy in the simple things.

Wednesday, December 23, 2009

IT’S OFFICIAL JUDGE DAVID SANCHEZ IS A MORON WHO SLEPT HIS WAY THROUGH LAW SCHOOL (AND I DO NOT MEAN WITH OTHER PEOPLE)- AND THROWING A WRENCH INTO THE RUBIO CRIMINAL CASE

Laches is a legal doctrine which basically says you cannot sit on your rights indefinitely. Villalobos has sat on this for 5 years. His predecessor sat on it since at least 1998. Commissioners court should not wait for the hearing. It should immediately seek a mandamus against Judge David Sanchez with a request for sanctions against Villalobos. The corruption of Villalobos must end.

TRO’s are not complex things, unless you are a judge in Cameron County. Further under the rules Villalobos had a legal duty to tell Commissioner’s Court in advance of his actions so that they could have an attorney present. Yet another rule David Sanchez was unaware of because he was asleep through law school.

THROWING A WRENCH INTO THE RUBIO CRIMINAL TRIAL

Several years back the US Supreme Court found that once a system for choosing judges is decided upon then the state must stick with that system. Texas officially provides for selection of judges through random selection. This is done by the computer. For reasons unknown, once a judge recuses themself from a case the Regional Administrative Judge is then allowed to float the case among judges of his choosing to see who wants it. The parties have no way of knowing what Judge Banales is saying and not saying about the case to any prospective judge. This process is unconstitutional. Further, it promotes a lack of confidence in the system.

All Rubio’s attorneys need to do is object to the appointment of Noe Gonzales on this ground and the issue will be preserved. This hand picking of judges must stop. I have put the issue into the RICO, Fraud on the Court, Obstruction of Justice, § 1983 case I am filing against Robert Sanchez and his attorneys, along with Travelers Insurance . These people lead by James Hunter are so stupid and ignorant they actually have asked the court to have me jailed for seeking out help from gay rights organizations over there pending argument that it is a statement against interest to admit you are gay in a case wherein you have been accused of child molestation.

Naturally, Peter Zavaletta, twice charged with criminal conduct, lied about his disciplinary history with the State Bar, who advised Jerry McHale to commit aggravated perjury, is defending this black and white discrimination. For the record the case remains pending. If Zavaletta even attempts to play in federal court in Washington DC the way he plays it before corrupt judges like Art McDonald, he will learn the experience of spending time in federal prison on contempt charges. Federal court is not like playing ignore the law with Art McDonald - it is serious business.

If the federal courts choose to declare the system which allows Judge Banales to hand pick judges after discussing the case with them unconstitutional, and Rubio’s attorneys have preserved the error, he will be entitled to yet another trial.

Finally, to the church ladies, it is like I said “produce an affidavit with clear language that the alleged victim told you these things, or leave me alone.”

Tuesday, December 22, 2009

HAS VILLALOBOS DECLARED WAR ON MARK SOSSI AND SORRY CHARLIE ATKINSON?

In order to see the pattern and practice of Villalobos’ abuse of power and his office we must begin with a post I made concerning the Joe Rodriguez case.

“When it served Villalobos' politics he raided Zavaletta's law office based on Villalobos own investigation as it related to his campaign against Zavaletta. To no one's surprise Zavaletta quickly cut and ran on Yolanda De Leon and cut a deal to avoid a criminal trial.

The case involving Zavaletta is 100% the same as the one involving Presas-Garcia. Why is it when someone releases confidential documents which may taint Villalobos' reputation he is ready to investigate and raid the law offices of his political opponent, but when the same thing happens to Joe Rodriguez - nothing?”

http://brownsvillevoice.blogspot.com/search?q=Villalobos

Next is Dannenbaum. Villalobos absolved Dannenbaum of any wrongdoing in exchange for a forfeiture of one million dollars directly to Villalobos’ office. This is clearly not how things are done by honest DA’s. You can compare this to a similar incident involving the Office of the United States Attorney.

http://brownsvillevoice.blogspot.com/2008/07/dannebaum-it-is-time-to-sell-port-of.html

"United States Attorney Don DeGabrielle (r.) presents a $2 million check to the City of Houston through City Attorney, Arturo Michel. The money represents restitution that Republic Services Inc. has agreed to pay the City of Houston for recycling purposes after entering into an agreement to cooperate with an ongoing criminal investigation"

http://www.usdoj.gov/usao/txs/

Why did the BND Board Members not yell "hell no" when Cameron County District Attorney Armando Villalobos took the money for his office, instead of returning it to the people by and through restitution? Dirty politics plain and simple.

Now this morning we learn from the Herald that the DA may have broken a plea deal with Hariram, concert promoter. From the Herald:

“A civil suit that the city filed against Hariram is pending. City Attorney Mark E. Sossi said Monday that he also understood that the promoter would not be indicted and that he would be making restitution to the city.

"That is correct," Sossi said. "We’re still in the process of drawing up the documentation," adding that the city, Hariram, and the DA’s office would all have to agree to it.”

http://www.brownsvilleherald.com/news/attorney-106624-charges-hariram.html

DA Villalobos is willing to allow Dannenbaum to walk free in exchange for one million dollars paid directly to DA Villalobos’ office, which only reflected a small percentage of the 21.4 million stolen from the people, but yet Hariram offers to pay 100% of the money allegedly stolen and Villalobos says, no hell no.”

http://www.brownsvilleherald.com/news/attorney-106624-charges-hariram.html

Villalobos’ argument that he does not want to put Hariram in a position to be able to use the money taken by the DA’s office frozen in an account managed by the court is bogus. After you subtract that which will be taken by the city there is hardly enough left to put a dent into the legal bill Hariram will incur in defending the other case.

When will this endless corruption and dirty politics end? Never because scum like Bill White, Democratic candidate for Governor has made it know - hands off - no comment - on the issue of the corruption in the LRGV.

The LRGV will not be heard until it boycotts the Democratic Party. While I will be voting in the Democratic Primaries, I will be pulling for other candidates in the November election. The only way any Democrat will get my vote is if they are willing to call for a full investigation of Villalobos and Dannenbaum. The investigation must also extend to Judge Bañales who is a key player in keeping the corruption covered up.

So what is the issue with Mark Sossi and Sorry Charlie Atkinson? A trial will only expose their incompetence and role in this mess. Sossi’s decision to get behind the agreement had one purpose and one purpose only, to protect himself. The reality is, I think it is a good deal. The facts of the case are sufficiently convoluted that neither side has a guaranteed win if it goes to trial.

Why is it that Villalobos is unwilling to investigate the claim that Peter Zavaletta adviced his client to committ aggravated perjury? A key witness to the event is a well respected non-interested party. Answer, he needs the two time criminally charged State Bar disciplined lawyer to be his star witness in his case against Yolanda De Leon. This DA cannot be trusted.

Monday, December 21, 2009

VA SA DROPS SECOND NUCLEAR BOMB ON VALLEY VETERANS AND ENDS MOST OVERNIGHT LODGING FOR EARLY MORNING APPOINTMENTS: DESTRUCTING THE NEW BISD BOARD

Last week I was at the VA San Antonio seeing an endocrinologist. More advanced testing has been ordered

When I got to the VA on Thursday, I arrived late. I no longer drive other than to Walmart, and on most days that is iffy. I now use a driver for any long distance or multiple stops. If am willing I can just eat non-stop and make two stops when I go out. I will only do this if I cannot find a driver.

Anyway, the VA San Antonio has now effectively cancelled free lodging for LRGV veterans. It use to be that if your appointment was before noon, the VA provided you with free lodging. As of this week your appointment must be no later than 9:45 a.m. This means LRGV veterans, many of whom cannot drive long distances on their own and rely on their spouse will now be required to leave Brownsville at 4:00 a.m. in order to make their appointment. The other option is to pay for their own lodging. The stated reason - the LRGV veterans are taking up too much of the budget. This is nonsense and just a continuing policy by the VA to punish LRGV veterans for demanding more services.

If you did not catch my first discussion of this retaliation against LRGV here it is.

http://brownsvillevoice.blogspot.com/2009/12/va-doctors-in-training-continue-with.html

Of course the Herald will remain silent to protect Solomon Ortiz. I can tell you with 100% certainty if you are not a large veterans organization Ortiz’s staff simply ignores your complains concerning veteran’s services. His office is aware of this change and seems incredibly indifferent. Oh, did I forget to tell you that the veterans were not told in advance of the policy change so any veterans who showed up last week with a 10:00 a.m. appointment the day before was told, during this holiday season, “No Room at the Inn.” ‘Merry fucking Christmas, thank you for your service” I was fortunate because my appointment was at 9:00 a.m. But veterans were left stranded with no money to pay for a hotel. Others just went to the hotel used by the VA and begged for the VA discount. It is my understanding the Sleep Inn was very accommodating. And remember guys none of this is newsworthy to the Herald.

Oh what the hay, before I get to BISD - what happened at my appointment? It is the absolute right of every veteran to be seen by a real specialist while refusing to be seen by a doctor in training. Unless, you are at the VA San Antonio where the medical school has declared war on the veterans and out with the law. Rather than make what is already a bad situation worse with the clear malpractice to date of these quacks I agreed to allow the doctor in training to see me first with an understanding I would then be seen by the specialist.

This doctor in training proceeded to explain to me that my doctor with over 20 years clinical experience does not know what she is doing. He specifically said that she probably makes diagnosis based on “H’s” or “L’s” next to numbers on the lab results. I can assure you my doctor does not make such mistakes. The diagnosis were based on plugging the data into medical formulas. What is the name of the moron soon to be licensed as a specialist to treat Texans, Daniel Katselnik.

He was then horrified to learn I came prepared with actual information from the Cleveland Clinic, Mayo Clinic, and NIH. Once he realized I was not going to play - this guy had one of the most contrived phony personalities I have ever seen - he moved away from his excuses. Further, either he does not care about his patients or he is an idiot. You do not saturate your body with a cheap perfume smelling lotion and then see patients. In many fields of medicine but especially endocrinology smells can cause the patients problems. Within seconds of this guy seeing me I had a massive headache from the stench which emanated from his body.

Things got better NOT - his boss then walked into the room after first consulting with Mr. Karselnik and says to me “treating your hypogonadism is not going to fix your erectile dysfunction.” This is how these quacks work. They get caught committing malpractice and they immediately turn to fabricating diseases you do not have and blaming other doctors. In my head I was thinking, maybe I just need to drop my pants to prove a point, but then I thought together these two guys maybe equal a 3 on a scale of 1-10 for looks.

I asked this quack where in my medical records it indicates “erectile dysfunction.” Being a God of course his response was to insist I provide him proof that I have a sexual partner. He was horrified when I explained to him that a sexual partner is not a prerequisite to sexual performance. He knew I was not going to put up with his bullshit so rather than dig his hole further is ordered additional advanced testing of several hormone levels. In addition to a clear case of hypogonadism there appears to be problems with my adrenal gland, among other things.

Because of the way the VA works it could be another 4-6 months before they get me into the kidney clinic for the hyperfiltration of my kidneys. First endocrinology has to insure the kidney problems are not caused by a hormone problem.

DECONSTRUCTING BISD

Lehmann made a very telling statement to shut down Cortez when Cortez sought to open the door on the La Pampa affair.

"We are a body corporate, Lehmann said, addressing Cortez directly. We are a team of eight, sir. We work as a team, but this is conspiracy. If you must pass judgment, then we are all guilty, sir."

http://www.brownsvilleherald.com/news/board_73872___article.html/school_members.html


Compare this statement to what the BISD Trustees said after hiring its new court jester Springston. “In turn, each trustee announced his or her support for the new superintendent and all said they intended to work together as a "team of eight," — seven trustees and the superintendent.”

http://www.brownsvilleherald.com/news/bisd-106352-springston-superintendent.html


We are now back to cover-up. This is why the Board is covering-up Springston’s refusal to deal with the problems in Special Services. This is also part of putting Joe Rodriguez behind them.

I have yet to see the complete reports and Joe’s rebuttal. What we know for sure is, Pat Lehmann initiated the complaint, according to press reports. What we also know based on previous investigations of Joe Rodriguez’s scholarship event is, the Board members had no problem going to this event and turning a blind eye year after year to what may have been improper conduct.

What happened to Joe Rodriguez and Hector Gonzales are the same. Personally based on BISD Athletics, I would have gotten rid of Joe Rodriguez a long time ago. The same goes for Hector Gonzales on the issue of Special Services.

It is hard to know the entire story because I have not seen Joe’s rebuttal, but what is in the press seems to implicate that when Joe refused to allow a Lehmann crony to use the stadium in a way which violated the covenant, Lehmann with a beer in one hand at the scholarship event and his cell phone in another initiated the complaint. Lehmann was angry. He knew he got caught red handed in the La Pampa Affair and that it was going to cost him the election. He acted - he decided to take Joe Rodriguez down for all of the wrong reasons.

This is how I know the Gonzales supporters and Accion America (Carlos Quintanilla) are anti-education and all bullshit. Both men, and maybe in the end for good reasons, lost their jobs for the wrong reasons - BISD dirty politics. This must stop. Competency must replace dirty politics as to everyone at BISD and not just when it suits the Gonzales supports and Carlos Quintanilla.
This Board through its investiture of Jester Springston is now back to ignoring incompetency issues in favor of court jesters who can and will be sacrificed the day they cross a board member.
I submit to my readers both Gonzales and Rodriguez were the casualty of a war between board members over control of the money. Lehmann destroyed himself by getting too cocky. For the people the La Pampa Affair was the end of the line for Lehmann. He knew it and decided to turn BISD upside down. In the end I would not mind the hundreds of thousands of dollars Lehmann’s conduct will end up costing BISD, had there been positive change. There was not.

We are back to the body corporate of 8 covering for one another. What is really sad is Escobedo now sees to bring this form of corruption to county government. I would rather elect an eel than a vial terminal disease like Enrique Escobedo.

Thursday, December 17, 2009

TIME TO ABANDON THE FILIBUSTER OR HEALTHCARE REFORM

Our Founding Fathers debated at great length how a Bill would become law. There is nothing which remotely could be construed as support for a filibuster. The idea the Senate can make its own rules, translates into something as substantive as changing how many votes is needed to make a law, is ridiculous. From Wikipedia: “The term filibuster was first used in 1851. It was derived from the Spanish filibustero meaning pirate or freebooter.” Wikipedia puts the date at 1837 when the first filibuster was used, although not called a filibuster.

Laws are about substantive effect and not mere words. The filibuster has changed how many votes is needed to make a Bill into a law in the Senate from 51 to 60. This is a substantive change in our Constitution.

I am now 100% opposed to Healthcare Reform. There comes a point where compromise means something worse than what we currently have. The idea that American citizens can be levied a fine for refusing to do business with a private corporation that imposes a 30% overhead charge as operating costs and profits is outrageous. A handful of Democrats has turned Healthcare reform into the biggest windfall for insurance companies this country has ever seen. Obama desperate to appear successful at anything is prepared to sign this Bill, and damn the people.

The Mayo Clinic has proven to be one of the best healthcare facilities in the world. Their doctors are salaried regardless of how many procedures they order. These type clinics can work. Meaningful reform should mandate such clinics for medicaid patients, and optional for medicare patients.

No one, not even the no to everything Republicans challenge the fact that medicare is incredibly more efficient than private insurance in the administration of the benefits. Medicare executives do not earn million dollar salaries. So long as the American people have no choice but to pay this 30% extra premium and maintain the monopolistic control of their healthcare by insurance companies the US budget deficit will grow. I would sit in jail where the American people have to pay for my healthcare before I paid one penny to a private corporation under penalty of law.

It is time some well funded civil rights organization make it known, the day Obama signs such a law, it will be challenge in court.

Obama either needs to drop healthcare reform all together, or tell Harry Reid it is time to end the Filibuster once and for all.

Wednesday, December 16, 2009

CHRISTIANS ACTUALLY LIVING BY THE WORDS OF JOSHUA

ADVENTCONSPIRACY.ORG

“The story of Christ's birth is a story of promise, hope, and a revolutionary love.
So, what happened? What was once a time to celebrate the birth of a savior has somehow turned into a season of stress, traffic jams, and shopping lists.

And when it's all over, many of us are left with presents to return, looming debt that will take months to pay off, and this empty feeling of missed purpose. Is this what we really want out of Christmas?

What if Christmas became a world-changing event again?
Welcome to Advent Conspiracy.”

ADVENTCONSPIRACY.ORG

http://www.youtube.com/watch?v=ZWg0l7iDocc

It is time to end the commercialization of Christmas and get back to real giving.

This is the organization I support every year. They have something different every year. In past years I have given to help buy chickens for a family to start a chicken farm, efficient wood burning stoves, and this year to help build homes. Every year I choose the program for Nicaragua. Just click on catalog and find the country of your choosing.

http://altgifts.org/

This is also the time of year I donate to the scholarship fund at UTEP.
FEDERAL JUDGES ABOVE THE LAW - THE HOUSTON CHRONICLE DOES ITS JOB

"Federal judges have made illegal campaign contributions, falsified court records, and illegally concealed cash gifts and gambling debts. Many more have engaged in unethical or irresponsible acts, according to an investigation by the Houston Chronicle of more than 3,000 judicial misconduct matters nationwide and analysis of related records over 10 years.

Most get away with it."

"Former U.S. District Judge Samuel Kent, of Galveston, was convicted of obstruction of justice this year after admitting he lied to judges who in 2007 secretly investigated allegations that he had molested female court employees. In March 2007, his former case manager, Cathy McBroom, filed a formal complaint accusing Kent of repeatedly trying to sexually assault her. But the 5th Circuit's judicial council first described the matter only as “sexual harassment” in a September 2007 reprimand.

The 5th Circuit has never released its investigative records. Ultimately, a criminal probe was launched, but only after the Chronicle documented McBroom's allegations and only after McBroom went to the FBI. Kent was subsequently impeached and imprisoned.

Other documents show Kent had drawn complaints about bias and bursts of temper that were quietly and anonymously handled years before his admitted alcohol, emotional and judgment problems landed him behind bars.

Even when criminal behavior is uncovered, some investigating judges have decided not to share it with the public or police."

http://www.chron.com/disp/story.mpl/metropolitan/6768397.html

The state court system is no better. Until we have a governor who is willing to declare no sacred cows, nothing will change. There is not an attorney in town who has appeared before federal judge Hilda Tagle and does not believe she has major anger problems which interfere with her judgment. She will not think twice about covering up judicial corruption. More tomorrow.

Tuesday, December 15, 2009

SPRINGSTON AND BOARD TELL CONCERNED PARENT TO GO TO HELL

Here are some excerpts from the pending TEA complaint. The entire Board has been given a copy of the complaint with exhibits. You watch how they cover for Springston tonight. You watch how they scramble to explain away any findings by the TEA after they crown the new jester of the BISD Board, Srpingston. I can only use excerpts because of privacy issues.

“In the initial findings against BISD the TEA found BISD fails to follow parents valid requests. It would seem Mr. Springston learned nothing from this finding and now outright refuses to cooperate with me in my efforts to file a formal personnel complaint against him.”

“Based on the two attached documents, I do not believe the TEA can rely on any information BISD is providing to the TEA.

The documents show that during the second six week period my son in some cases either received a passing grade or near passing grade. His attached attendance sheet shows he missed nearly every day of the second six week period. This has to be a falsification of a government record.

This is important because after BISD received notice of this complaint I met with the principle and Dr. Lee Garcia. Based on the recommendations of the pediatric psychiatrist that my son be in a more structured classroom he was offered the opportunity to receive his instruction in a classroom of 10 or fewer students. Kathleen Jimenez who called for the meeting failed to show. She then rejected the settlement claiming my son was passing his courses. I knew the grades could not be accurate because for example he had not turned in his science project, although it remains sitting on his work station at home. Falsification of grades is a serious matter especially when it is used as a basis to deny a special needs child additional needed services.

....

This time the pediatric psychiatrist, see attached, stated my son needed to be homebound. I met again in another ARD with BISD. To my amazement Kathleen Jimenez remained convinced, even after the falsification of the grades was pointed out to her that my son should just go right back to a regular classroom. After I rejected this option, she then suggested he receive his instruction in the Behavior Intervention classroom. Given the fact the original complaint outlined two separate examples of abuse by the Behavior Intervention instructors, this recommendation was almost too bizarre to accept as serious, but it was.

My son now receives one on one instruction in a quiet setting away from the BISD campus. He is struggling to comprehend simple concepts such as bayonet. If in a one on one setting he struggles to understand simple terms, it is not then possible any teacher was telling the truth about what he was and was not learning in the regular classroom.

Such as BISD refused to conduct the necessary testing for ADHD, I am convinced it has never done the proper testing of my son for other learning disabilities. While I should have noticed during the ARD meeting nothing was noted about dealing with the ADHD, it remains, BISD did not properly prepare. They are the experts.

Further as the attached e-mail shows, I asked on November 20, 2009, for Mr. Springston and the Board to provide me the guidelines to file a complaint against Mr. Springston for his failure to properly oversee Special Services. As of this date, December 15, 2009, Mr. Springston has refused my request. The same can be said for the entire Board.”
UPDATE ON LATEST FINDINGS AGAINST BISD

This morning I am reading a notice from the TEA in regards to the last findings I secured against BISD for its failures related to a specific child. here is what they found.

"The LEA'S improvement plan requires revision based on the discrepancy cited." They have been told that if they continue to refuse to comply they will be charged the cost of fixing the problem.

The original citation was caused by the neglect of Hector Gonzales, it is now squarely owned by Springston. The Board will not take any action. In fact they will reward Springston.

The documents which show that BISD has falisified records related to this child are being forwarded today now that we know the complaint remains open. Will the BISD Board ignore Springston's mismanagement of special services? You betcha and this is why we know Gonzales was fired for political reasons and not for his failures related to special services.
A LOOK AT TWO SCHOOL DISTRICTS IN CRISIS BECAUSE OF DIRTY BOARD POLITICS

This week after a change of two Board Members the Dallas ISD refused to renew the contract of its superintendent. Sound familiar? What you will not hear from Carlos Quintanilla and Accion America is that it was dirty politic- but it is. The Dallas ISD with the exception of its Magnet Schools is a complete and total disaster. It is a place where you send your children to become drug addicts and failures.

I was always amazed by the number of immigrant children in small private schools because the parents refused to put them into DISD. I knew of parents who worked 3 jobs between the parents just to be able to keep the children out of DISD.

The problem in Dallas, such as Brownsville, is, the superintendents are subject to extreme dirty politics and can never get down to the business of doing their job. Dallas such as Brownsville is a place where incompetence is ignored until the superintended finds him/herself on the wrong side of a war between the Board Members.

What we know for sure is, this system does not work. Such as we saw in the case of Hector Gonzales it promoted his incompetence until he found himself on the wrong side of a war between Board Members. Any system which rewards incompetence until the person is on the wrong side of a war must be dumped.

In the past I have supported the Regional Offices of the TEA doing the hiring and firing of all superintendents. The local school Boards should have zero control over who is and is not fired. In fact it should be a crime for them to even recommend a person for a job. I would go so far as if a superintendent can show that a Board Member is trying to influence the superintendent through dirty politics it should be a crime and a basis for removal of the Board Member.

I do support allowing the local school Boards being allowed to ask the Regional TEA office to fire the superintendent. But I also support a provision that if it is found that the true motivation for removing the superintendent is political those Board Members making the recommendation should be removed as Board Members.

Finally, I have pushed for some type new PTA to be the voice of the parents and teachers. They should have a greater role in the education of our children because they are on the front lines.

No matter what anyone thinks about the Regional TEA hiring and firing the superintendents it has to be better than what we have now.

Monday, December 14, 2009



A NOTE OF DISAPPOINTMENT ABOUT BILL WHITE

I have had extensive discussions with Bill White's son. It has been made clear to me that Bill White will not take a position in regards to the corruption with the Democratic Party in the LRGV. Bill White seems to think that he can win the election without the LRGV. He cannot. Until a statewide Democratic candidate gives the people of the LRGV a reason to turn out in November 2010, the Democrats will remain without any statewide offices. Bill White has sealed his own fate, and like every Democrat for statewide office before him, he will blame everyone but himself.

Until a grassroots Democratic movement in South Texas calls for a strike of the November elections, candidates like Bill White and Barbara Radnofsky will not take the LRGV seriously.
For now I say it is too late. They have made a bad decision and they must now live with it.

"Farouk Shami is a self-made businessman from Houston. He came to America 44 years ago with $71 in his pocket and achieved the American dream. He’s built a company based in Houston that has created thousands of jobs in Texas, including 1,200 new manufacturing jobs from a plant he closed in China so he could bring those jobs to America.

Farouk is a proud Texan who is running for Governor to help jump start the economy, create good paying jobs, improve our schools and provide affordable health care for all. He refuses to accept a penny from special interest money, so he can always put the peoples’ interest first and can shake up the old politics in Austin.

Farouk Shami…The day he becomes Governor is the day business as usual ends in Texas. "

I have no idea if this guy will be any smarter than Bill White. We shall see.

http://www.faroukforgovernor.com/

Friday, December 11, 2009

IT IS OFFICIAL JEFFREY TILLOTSON- GONZALES' ATTORNEY IS AN UNETHICAL LAWYER WITH NO REGARD FOR THE LAW OR THE TAXPAYERS' MONEY

It has been brought to my attention that after the original story, the Herald did in fact post the brief. I will now say with 100% certainly that if Tillotson chooses to sue me he will loose. He is a liar or a thief and is point blank stealing money from his client and costing the BISD taxpayers money. I hope and expect the BISD Board to vote to seek sanctions against Tillotson and his firm.

To make this easier for everyone, here is the Brief is the Tillotson brief.. http://old.brownsvilleherald.com/images/petitionersbrief.pdf

Most of what I write here I already had saved in my computer. I write appellate briefs for law firms. I read virtually every Texas Supreme Court and Court of Appeals opinion. I sometimes keep data bases on issues. And for the record law firms can hire anyone including a mentally deranged former felon to write briefs. It is a matter between the law firms and their clients. I will admit I have not worked in months because I have been too sick.

I will say with 100% certainty Mr. Tillotson failed to argue the futility doctrine which is a defense to exhausting your administrative remedies. How nice, he fails to do his job and then Pena gets the blame.

You start with your strongest argument so as to be able to get the attention of the court.

In his brief he makes a big issue of Navarro (who may be a distant relative of Tilloston - see his bio page) being both being a witness and lawyer in the case. For legal authority he references none other than a Rule without the attending legal authority. Well here is the legal authority.

“We have said that "[d]isqualification is a severe remedy." Spears v. Fourth Court of Appeals, 797 S.W.2d 654, 656 (Tex.1990). Disqualification is a measure that can cause immediate harm by depriving a party of its chosen counsel and disrupting court proceedings. In re Nitla S.A. de C.V., 92 S.W.3d 419, 423 (Tex.2002). Thus, "[m]ere allegations of unethical conduct or evidence showing a remote possibility of a violation of the disciplinary rules will not suffice" to merit disqualification. Spears, 797 S.W.2d at 656. The fact that a lawyer serves as both an advocate and a witness does not in itself compel disqualification. See Ayres, 790 S.W.2d at 557-58; In re Chu, 134 S.W.3d 459, 464 (Tex.App.-Waco 2004, orig. proceeding); May v. Crofts, 868 S.W.2d 397, 399 (Tex.App.-Texarkana 1993, orig. proceeding). Disqualification is only appropriate if the lawyer's testimony is "necessary to establish an essential fact." TEX. DISCIPLINARY R. PROF'L CONDUCT 3.08(a). Consequently, the party requesting disqualification must demonstrate that the opposing lawyer's dual roles as attorney and witness will cause the party actual prejudice. Ayres, 790 S.W.2d at 558. Without these limitations, the rule could be improperly employed "as a tactical weapon to deprive the opposing party of the right to be represented by the lawyer of his or her choice." TEX. DISCIPLINARY R. PROF'L CONDUCT 3.08 cmt. 10 (stating that a lawyer "should not seek to disqualify an opposing lawyer by unnecessarily calling that lawyer as a witness").

“In this case, Joyce failed to demonstrate that any testimony McKnight might provide is necessary to establish an essential fact, as the rule requires

In Re Sanders: 153 54 (Tex. 2004)

“In order to prevent such misuse of the rule, the trial court should require the party seeking disqualification to demonstrate actual prejudice to itself resulting from the opposing lawyer's service in the dual roles”. See Ayres v. Canales, 790 S.W.2d 554, 558 (Tex.1990) (orig.proceeding) (citing TEX. DISCIPLINARY R. PROF'L CONDUCT 3.08 cmt. 10).

Tillotson’s argument that Navarro’s law firm should have been disqualified because Navarro was a witness is totally without legal foundation.

“Finally, the testifying attorney's law firm can continue to represent the client even though the attorney will testify, as long as the client gives informed consent. See TEX. DISCIPLINARY R. PROF'L CONDUCT 3.08 cmt. 8; see also Anderson Producing, 929 S.W.2d at 424; Spears, 797 S.W.2d at 658; In re Acevedo, 956 S.W.2d at 774 n. 2

Again the motto of every lawyer is “if you got the money, we got the argument.”

I defy anyone to explain the legal basis for Tillotson’s disqualification of Navarros’s law firm in light of black and white case law. I defy anyone to show where in the brief Tillotson identified the essential fact to which only Navarro could testify which caused Gonzales actual prejudice. You cannot not, and as a matter of law the argument is bogus and should be met with a request from BISD for sanctions.

Further, the rule applies before juries. The courts have long recognized that the lawyers can be witnesses and lawyers in hearing and matters only before the judge. In the case at bar, there was only a hearing officer.

The issue in law is not why BISD fired Gonzales, but if they had just cause for the reason cited. The facts which support the reason cited are not opinions or legal recommendations from Navarro, but the internal documents of BISD. Any testimony by Navarro as to the internal documents would be hearsay.

This argument is so bogus that if BISD’s lawyers do not move for sanctions, then they should be fired. Under Tillotson’s argument DA’s who investigate crimes could never prosecute the case. It is done every day. In clear terms Jeffrey Tillotson is a liar, cheat and unethical lawyer without any regard for right from wrong. My statement is based on his brief.

I will download the brief and submit it to the Chief Justice of the Texas Supreme Court for disciplinary action. Why I go to the Texas Supreme Court which oversees the State Bar is about an unrelated matter and creating an evidentiary record that they cover-up corruption and unethical conduct by protected lawyers.

If Tillotson began his argument with an unethical argument and with a total disregard for well established law, what does that tell us about Gonzales’ defense. He has none. But he does have money to pay an attorney to make an argument. So goes the motto, “if you have the money, we have the argument.”

I remember clearly how all of you Gonzales nut jobs attacked me for pointing out Pena ignored the law by filing a premature lawsuit. Now after attacking me, you want Gonzales to go after Pena for the very reasons I explained from day one.

If any of you truly want Gonzales to win you will tell him to hire new counsel. You will tell him to have his new counsel send a notice of malpractice and fraud to Tillotson to get his money back. You will not, because until a federal court finds I am right you will encourage Gonzales to go bankrupt and then blame Tillotson in the end.
JEFFERY TILLOTSON IS EITHER A THIEF, MORON, OR LOST CONTROL OF HIS CLIENT HECTOR GONZALES, OR WORSE, ALL THREE

In law everyone knows the phrase, everything you say can and will be used against you. No competent attorney would have allowed Hector Gonzales to go before the BISD Board and give his “Cry me a River Speech.” Jeffery Tillotson’s law firm represents they spend hours in practice before trial. Among top notch law firms this includes preparing a client for deposition. This is why I can say with 100% certainty no competent attorney would have allowed Gonzales to give his “Cry Me a River Speech”

Everything he said in his speech can and will be used against him. I am certain BISD lawyers were sitting their asking themselves, if Jeff Tillotson the most incompetent attorney in Texas or has he lost control of Gonzales? Yes, dearies, I have looked at their unethical and self-promoting web page. http://www.lynnllp.com/ Comparing yourself to the Mona Lisa is evidence of extreme narcissism. What their web page does not tell you about is the cases they have lost so that you can see their willingness to take money from anyone, regardless of the merits of the case.

The first rule of every attorney is always the same, “If you got money, we got the argument.” This is Jeffrey Tillotson. If Jeffery sanctioned the “Cry Me A River Speech,” then it is fair to say he is an idiot. That speech will be admitted into evidence against Gonzales for what he said and did not say. He tried to link his problems to some campaign picture, and beyond that could not explain to the people any reason he was fired other than incompetency over special services. He is now locked in - not even God Jeffrey Tillotson will get him out of this one.

Oh, before I forget, for you idiots wringing your hands with “we got him now” before wiping the drool from your mouth here is how you can forward my post to Tillotson.

http://www.lynnllp.com/EmailUs.asp?p1=ContactUs&p2=2121

It is hard to know what Tillotson is arguing before the Texas Education Agency because it appears he is hiding his briefs, well unless we count the release of the brief to convicted felon Carlos Quintanilla. In high profile political cases law firms routinely upload their briefs to the internet. If Tillotson did not argue the futility doctrine in his initial brief, then he is incompetent. This was an issue as obvious as an elephant in a glass menagerie.

I remain ready to review the briefs and argue on behalf of Gonzales if the legal arguments have merit.

But to recap - the Gonzales supporters attacked me with a vengeance to the point I had to put up with Juan Montoya and Robert Sanchez using his former blog (sued 4 times now for defamation) to accuse me of being a child molester, having HIV, and performing sex in a public gym for the crime of defending the disabled children. Gonzales supporters declared Pena’s suit the second coming and when I pointed out Gonzales failed to follow proper procedure I was vilified. Now these same supporters want Gonzales to sue Pena. They went from Pena is god to demanding Gonzales sue him.

Thursday, December 10, 2009

THE TRUTH BEHIND GONZALES’ FIRING FROM BISD - IT WAS POLITICAL, BUT JUSTIFIED

The following is my theory based on the known facts, and not based on any inside information.

What we know for sure:

1. Gonzales files premature lawsuit with no specific allegations of wrongdoing against any Board Member. Every allegation was vague with no specifics.

2. Gonzales goes before a TEA hearing officer and again attempts to use vague non-specific allegations against the Board and then claims he can work with the Board. This stupidity angered the hearing officer and the hearing officer went out of her way to say Gonzales refuses to take responsibility for his actions.

3. Gonzales gets an opportunity to speak to the people on live tv and rather than be specific about why he was fired he pulls a cry me a river and looks for the support among the ignorant.

How do I know the decision to fire Gonzales had nothing to do with Special Services? I am looking at how Special Services is being run under Springston and the same fundamental problems persist. Rather than go out and hire someone who is qualified to run Special Services Kathleen Jimenez is assigned the job as interim director over special services,. This was a clear political move for Springston to garner the support of Enrique Escobedo. It is a complete repeat of how Rendon go the job.

So what else do we know for sure?

When Gonzales started his “Cry Me A River Speech” he stated that sometime in 2008 a lawyer told him after the next election he was toast. True to form for Hector he did not tell the entire story and left the claim to be abused by his supporters as evidence. Evidence of what? Did the lawyer approach him out of the blue or did he contact the lawyer? We do not know. Why does Hector always give half stories which allow his followers to spin? He has nothing. I am now convinced his downfall came about by misguided paranoia.

I think he must of had a run in with a Board Member or someone who was politically protected. It may be as simple as Pat Lehmann going to Gonzales and telling him to take down Joe Rodriguez after Joe Rodriguez refused to play ball on the issue of allowing a concert promoter to use the stadium.

Lehmann made a very telling statement to shut down Cortez when Cortez sought to open the door on the La Pampa affair.

"We are a body corporate, Lehmann said, addressing Cortez directly. We are a team of eight, sir. We work as a team, but this is conspiracy. If you must pass judgment, then we are all guilty, sir."http://www.brownsvilleherald.com/news/board_73872___article.html/school_members.html

I think it is fair to say that Lehmann used his threat to take down the Board if anyone tried to expose the illegal conduct by he Board. The people responded to the threat by sending his sorry corrupt ass packing. True to form his supporters and Gonzales’ supporters now seek to destroy everyone who seeks to undo the years of incompetence and corruption under Gonzales and Lehmann.

My theory is, Gonzales acted on something Lehmann demanded of him. Gonzales knew he was in trouble so he went to a lawyer. The lawyer told him he was toast in the next election. He crossed the wrong person and politics being what it is, he was toast.

Gonzales then panicked and dug his hole deeper by asking questions which he intended to be warnings to the Board Members that if they go after him he will go after them. Let’s go back to the words of his number one adviser and supporter. "We are a body corporate, Lehmann said, addressing Cortez directly. We are a team of eight, sir. We work as a team, but this is conspiracy. If you must pass judgment, then we are all guilty, sir."

It cost Lehmann his election and eventually cost Gonzales his job. If you look to how Gonzales has handled his case to date, it is always the same - vague accusations against unnamed Board Members. To me it sounds like threats - “cooperate or else I will go public.” You know what Hector, it is time to go public.

My view is we have a standoff between Colunga, Presas, and Gonzales. The FERPA violations related to Colunga’s son are serious. The decision of someone, someone I believe tied to the Lehmann, Gonzales, Presas-Garcia faction went to Juan Montoya with the story which got Montoya and Sanchez sued. (For the record I can technically go to jail for what I just said because it may violate the court order. I am barred from reporting as a news service on any story which includes the names of Montoya, Sanchez, or McHale - you go guys on your BS defense of Freedom of Speech - that’s alright the federal courts in Washington are about to handle these three)

The problem is everyone from Colunga to Gonzales are potentially in a lot of trouble if the entire story comes out and the FERPA violations are properly investigated.

In the end I believe what started out as simple stupid act by Gonzales in listening to Lehmann, caused Gonzales to panic and attempt to intimidate the Board with idle threats. The Board responded by firing him.

It is time Gonzales tell the truth, but he will not because the truth tells the people something dirty and ugly. He got in bed with Lehmann who pushed for Gonzales as the superintendent in the first place. Lehmann needed a marinero to keep his con on the people going. That marinero was Gonzales. The Board got tired of Gonzales barking on command by Lehmann and made it known after the election he would be fired.

Politics is dirty. It is time Gonzales stop forcing the taxpayers to defend against his dirty filthy politics.

http://brownsvillevoice.blogspot.com/2008/09/psychosis-which-is-hector-gonzales-and.html

Wednesday, December 9, 2009

BISD LOSES BATTLE WITH AG OVER INSURANCE CONTRACT DOCUMENTS

http://blog.riskmanagers.us/?p=2283

When will this Board stop using taxpayer money to cover for their corruption? - never - ever - ever.
“CRY ME A RIVER GONZALES” LOSES ALL CREDIBILITY

Susan Boyle provides today’s musical number

http://www.youtube.com/watch?v=P8r9lRJ6yHY

I am convinced for the people of Brownsville who watched Gonzales in his pathetic speech to the BISD Board, they saw a pathetic man in complete denial and unapologetic for his wrong doings. He outright refused to tell the people why he thinks he was fired. If he thinks it was because of some campaign picture, then he needs to hire a good criminal defense attorney now to take his new attorneys to the grand jury on a referral for highway robbery. If you have the money and the stupidity to pay the lawyers, I know one who will go to court to have God declared a mass psychotic disorder. There is only one rule among attorneys, “If you got the money, we got the argument.” I hope Gonzales is using his own money on this case, because then there may be justice in his bankruptcy.

What kind of weasel goes before the public and uses vague innuendo to accuse unnamed Board Members of wrongdoing? Hector Gonzales that’s who. At this point in the venture I must now conclude Hector Gonzales was fired for one reason and one reason only, he was incompetent. He had an opportunity to tell the truth on camera with the people of Brownsville watching, he had nothing - absolutely nothing. I want the truth. I know this Board to a person is corrupt. But the people will never know the truth so long as people like Hector Gonzales use the process for his own ends. He has needlessly divided Brownsville and for this crime he should be exiled for ever.

I am beginning to think Gonzales contrived the Joe Rod issue as a Hooverized defense mechanism. It did not work. It may have been the final nail in his coffin. It is like I have said over and over again - it had nothing to do with the insurance contract. Gonzales himself admitted that long before the election, in 2008, he was told he was toast. Long before the insurance contract.

If Gonzales truly believed in serving anyone but himself he would have told the people the truth as to why he was fired. If the truth is what he said, then a federal judge will look his attorneys in the face and say “what did you say Willis” Until Gonzales is willing to give the people the complete story, he will remain in the eyes of the people a fool who serves himself and noone else.

Tuesday, December 8, 2009

HERALD WINS BATTLE AGAINST BISD, BISD DROPS LAWSUIT BLOCKING RELEASE OF JOE RODRIGUEZ REPORTS

The Herald wins the day and gets BISD to drop the lawsuit against the AG. The full Joe Rod reports will now be released. The public will get the entire story. The people need to hold the Board accountable come 2011 by the removal of Zayas and Cortez for trying to keep these reports from the people. Kudos to the Herald for a battle well fought.

These Board Members did not help Joe Rodriguez. They only allowed every nut job in town to feed on the host of conspiracies being alleged. I hope the entire story comes out now. I want to know who tried to blackmail Joe Rod over use of the stadium. If Joe Rod did something criminal he needs to be prosecuted. If someone tried to blackmail him, then they and anyone who made themselves party to the blackmail also need to be prosecuted.

Now, Gonzales' supporters need to tell us why BISD reports against Joe Rod are valid, but against Gonzales bogus. This type ignorant reasoning needs to stop.

My fear is backdoor deals were cut to keep the entire mess covered-up. Joe Rod will go quietly and so too will those who tried to abuse the process by blackmailing Joe Rod.

This does not serve the people - but it serves the politics of those who hate Joe Rod, Joe Rod, and whomever tried to blackmail him.

It seems to me a competent Board would have called for Joe Rod's resignation a long time ago based on the lack of performance by BISD Athletics. But then as we all know, being fired from BISD for a lack of competency is not something which is going to happen any time soon. Just look to who will be BISD's new superintendent - Springston.
VA DOCTORS IN TRAINING CONTINUE WITH THEIR ASSAULT ON VETERANS

This story is heart wrenching. It took the gastro clinic 4 minutes to refuse to perform a colonoscopy of a Marine who was symptomatic for colon problems. He now has 26 months to live. They denied him the exam for 6 years straight.

Where are our elected officials? No where to be found. It is time for the VA to end its association with all medical schools and provide all veterans real and quality medical care. I will tell you, Solomon Ortiz staff has made it clear - damn the veterans - his office will not get involved. I can tell you from a long history of working with Cornyn and Hutchison - veterans are to be ignored. One time I had a Cornyn staffer make it clear Cornyn will never get involved with the healthcare failures of the VA.

http://veteran-denied-colonoscopy-has-cancer.app-just-trying-to-help-1.aidpage.com/

CNN's video

http://www.cnn.com/video/#/video/health/2009/12/07/cohen.vet.denied.colonoscopy.cnn

As to myself, I am now having what feels like mini-seizures. It is hard to explain. There is a form of disorientation with a weird sensation in the head. Years ago a medicine the VA gave me caused similar problems and the doctor told me it was similar to mini-seizures. The medicine was immediately stopped. The other night I went out for soy milk after dark - big mistake. I went to the Walmart on 48. I live near the airport (Go Southmost). I somehow ended up near the mall.

We know I have hyperfiltration of the kidneys. We know Dr. jan Bruder lied to my primary care doctor. We now know for sure, I have the records, Dr. Jan Bruder also lied to my local doctor about the blood work. There are problems with more than one hormone level. She played a gam with my doctor on the testosterone level - mine is considered normal for someone 80 to 100 years old. the game is, Dr. Bruder claims it is within normal limits. the problem with the term normal limits is, with certain hormone levels normal limits is then broken up into sub-groups by age and gender. Dr. Bruder failed to tell my doctor mine is way below that of a 51 year old man.

CNN is reporting that the VA Buffalo is blaming the primary care doctor for not properly writing up the referral. This is the con job every time. It is never the fault of the doctor in training or PA who decide who gets speciality care.

Such as the man mentioned in the story, I will be suing the VA primarily to bring the matter to a national audience. It will not be about money. It is a lot easier to get a federal judge to pay attention if money is not an issue. Congress will not act until humiliated to act. It is time to end all association between the VA hospitals and the state medical schools. If you think any of the candidates for governor will address this issue you are sadly mistaken. Federal tax dollars to subsidize the medical schools is a sacred cow which means veterans must just suffer to keep this cash cow flowing to the state medical schools.

One last issue - for two years I have been bleeding from the perineum and anus. The VA's official position is, it is normal for men to bleed from the perineum and anus. As I noted to my readers before during the last sigmoidoscopy I had at the VA SA, the doctor in training insisted on scoping my stomach because he was too busy to check to see why I was referred to the VA SA. His partner in crime then walked into the room swinging the scope like a lasso. Only my sigmoid colon was examine so I was awake. When I asked him why he did not take biopsies of the two inflamed areas he said as a doctor in training "I have enough experience to know why the tissue is inflamed without having to take a biopsy for pathologist to examine." With two years of bleeding from the perineum and anus, until this day no biopsies have been taken.

The VA medical system will remain a death sentence for veterans so long as they are tied to the medical schools. The politicians have made it known, the medical schools need the federal subsidies paid by the VA so "screw the veterans."

NOTE TO A READER:

A reader is complaining I am not commenting on a certain story. I consider the source of the story to have zero credibility. The Herald has a 50/50 % of being credible. If they ever print the story I will then comment on it, until I will not run with a story from a source who seems to have a problem with reality or a complete statement of the facts.
MOVING FORWARD - POLITICS STYLE - PRESAS-GARCIA AND ESCOBEDO READY TO THROUGH SPECIAL NEEDS CHILDREN UNDER THE BUS

Tonight’s vote on Springston is indicative of politics Brownsville style. The decision has been made to look the people in the face and lie to them. They will continue to game of claiming Gonzales was removed over Special Services when in fact he was not. Presas-Garcia the most unethical member of the Board will go along because she has cut a political deal to protect her position on the Board. She got in bed with some really bad and unethical people and now the price is to be paid. But instead of Presas-Garcia paying the price, as the unethical person she is, she will put price on the children of Brownsville. To protect herself she has agreed to remain silent about the mismanagement of Special Services under Springston.

Escobedo more interested in helping his friends and pushing his own political future has decided to move with the crowd and damn the children. If Gonzales moves forward with further appeals as promised, Escobedo will learn that the truth of his unethical ways will be known to the parents of Brownsville. It will cost him at the ballot. First he covered for Gonzales’ mismanagement of Special Services and now he is covering for Springston. I guess early in his career a child bit him and he needs to settle the score.

Monday, December 7, 2009

BILL WHITE ANNOUNCES FOR GOVERNOR


Listen to his announcement

http://www.youtube.com/watch?v=JhOCQnfReNY


VILLALOBOS PROVES POLITICS IS EVERYTHING AND JUSTICE IS NOTHING

[UPDATE: Presas-Garcia showed for her deposition today. It is my understanding Juan Montoya's and Carlos Quintanilla's remain pending for another day. Although authorized to conduct the depositions today, Joe Rodriguez did not move forward on the depos.]

This is today's second post on the Presas-Garcia mess.

When it served Villalobos' politics he raided Zavaletta's law office based on Villalobos own investigation as it related to his campaign against Zavaletta. To no one's surprise Zavaletta quickly cut and ran on Yolanda De Leon and cut a deal to avoid a criminal trial.

The case involving Zavaletta is 100% the same as the one involving Presas-Garcia. Why is it when someone releases confidential documents which may taint Villalobos' reputation he is ready to investigate and raid the law offices of his political opponent, but when the same thing happens to Joe Rodriguez - nothing?

Villalobos if he were treating everyone the same as he treats himself, would already have indictments over the release of the Rodriguez reports. He does not. Why? But further, when it served himself Villalobos was able to launch a supersonic investigation against his political opponent, while now telling Presas-Garcia he cannot investigate the allegations against Joe Rodriguez. Dirty politics all around.

From the Herald:

"The indictments come after confidential information was released to district attorney candidate Peter Zavaletta during the March primary election.

"In the rush to get her indicted they made errors, some pretty big errors and now they are scrambling trying to correct those errors," said Israel Cano III, de Leon's defense attorney, on the revised indictments.

That information was used in political advertisements that appeared in several newspapers including The Brownsville Herald and the Valley Morning Star.

The information belonged to the Cameron County's Child Advocacy Center and is not for publication, District Attorney Armando Villalobos said in a previous interview."

http://www.brownsvilleherald.com/news/zavaletta-90231-attorney-district.html
A DAY WHICH WILL LIVE IN INFAMY, BISD NUCLEAR MELTDOWN


[UPDATE: Presas-Garcia showed for her deposition today. It is my understanding Juan Montoya's and Carlos Quintanilla's remain pending for another day. Although authorized to conduct the depositions today, Joe Rodriguez did not move forward on the depos.]

Today, unless the appellate courts stop the depositions, Presas-Garcia, Juan Montoya, and Carlos Quintanilla will be deposed in the Joe Rodriguez case. I checked with the Corpus Christi Court of Appeals and they are telling me there is no mandamus on file with the court. This is the only way to stop the depositions. If the parties fail to show they can be held in contempt of court and deposed from a jail cell. This is not to say that at this moment Presas-Garcia’s attorneys are not sitting outside the Court of Appeals praying for a stay of the depositions.

This is not how this should have gone. Presas-Garcia either had no legal advice, or took some really bad legal advice. An unofficial deposition could have been done without the public scrutiny. She may have dug her own grave here.

Because I have never done any research on these discovery lawsuits, I do not know the standard the filing party must meet in order to secure depositions. Unless someone provides me a copy of the lawsuit and any briefs I have no way to measure the legitimacy of the depositions. A qualified source is telling me that in fact the judge did sign the order and that the claims to the contrary are false. We shall see who is telling the truth.

Based on everything I have read to date and the principle involved I would not be shocked to learn Rodriguez ends-up filing a defamation lawsuit. In Texas a host of non-traditional defamation lawsuits are filed as defamation lawsuits even thought they are referred elsewhere as something else. It is not about a false statement in the way most people would think. The principle issue is, I do not think Joe Rodriguez is going to care that the defendant lives in a run down apartment complex and drives a run down car. The lawsuit will be about a judgment on the character of those responsible. Of course this could backfire if the final judgment is against Rodriguez.

WILL ZAYAS COVER FOR SPRINGSTON?

A TEA complaint is going forward against Springston for Springston’s refusal to cooperate with the parent in the filing of a complaint with the Board against Springston. Springston has not even been crown the Court Jester of the BISD Board yet and he is already telling parents to go to hell. If this Board crowns its new Court Jester, this week knowing this, which it does, it will send a very clear message to the parents of all BISD children. Get use to the corruption and incompetence because Springston is in charge now.

For all of you Presas-Garcia fans, she as a Board Member outright refused to help the father with the process of filing a complaint over Springston’s failure to properly oversee special services. So now we know with Presas-Garcia it is not about the children, it is about politics. If the depositions go forward, I think her manipulating ways will come out for everyone to see.

Zayas has a written complaint in an e-mail. He is the only Board Member to respond to the father’s request. The outgoing and incoming e-mails will be authenticated and provided to Gonzales’ attorneys. If this Board approves Springston as the new superintendent while refusing to allow this father to move forward on his complaint, Gonzales’ attorney will use same as a nuclear attack on BISD. The father is asking for a full TEA investigation against the decision of the Board Members to cover for Springston and Springston’s refusal to help the father file the complaint. More of your tax dollars will be spent to keep the dirty politics under cover.

For Springston to have this type power over the Board, one must ask, what does he know?

Sunday, December 6, 2009


A GREAT CHRISTMAS GIFT FROM SUSAN BOYLE

I am buying the CD, but here are some examples from uytube.

Her Original Performance

http://www.youtube.com/watch?v=RxPZh4AnWyk&feature=related

The day she hits Broadway I will not think twice about paying $500.00 for a ticket. I can only hope she goes on tour and graces Texas with her presence. I will be there on opening night.

Friday, December 4, 2009

WHAT TO DO, WHAT TO DO- THIS PIECE WAS NICE, NOW I FEEL BETTER

Well the week has been bad. Six times I have found myself on the floor. When the headaches and blurred vision hit it is almost like blacking out. When I do drive I make sure that I have eaten a lot before getting in the car. I only drive short distances. I am scheduled for some more advance blood work on Monday, but the lab people told me I can do it today. Harlingen is a bit far for me to drive, so I have someone who will drive me. I just need to pick them up.

The VA in San Antonio is a complete disaster. Their position is passing out and losing my vision for hours on end is just something I have to deal with until, whenever. I would ask to be seen by a local endocrinologist which is an option, but my medical records are too extensive on matters related to what is happening to allow for an adequate review of my situation. This is one reason I strongly support a national medical records data base. I should be allowed to go to any doctor of my choosing and provide them a code so they can access my VA medical records. Apparently I have caused a stir because I invoked my absolute right to be seen my a licensed endocrinologist and not a doctor in training. We shall see what happens at the actual appointment.

The last time this happened the cardiologist refused to see me until I threatened to go to the Chief of Staff, who had already ordered him to see me because of a previous screw-up. After I waited for a licensed cardiologist to leave his offices at the medical school and come over to the VA, he walked into the room and demanded to know how often I do drugs. I filed a complaint on Dr. Moody, who in my opinion is a practicing cardiologist because the state does not give a damn about who practices medicine in the State of Texas. He was mad one of his doctors got caught committing malpractice and he was going to settle the score. The appointment ended. This was my third mishap with the VA death ward known as cardiology.

The previous experience included my local primary care physician refusing to follow the care recommendations of another cardiologist (I believe in training) after he prescribed a medicine my chart shows I definitely cannot take. The first was the doctor in training who was left to perform a right heart catherization on me without any supervision by a licensed specialist. Until this day the VA and University Hospital refuse to release the notes from the procedure. They have both made it clear the records will only be released under court order. See what it feels like when some bimbo makes 3 attempts to shove a catheter into your groin area without any numbing medicine. See what it feels like when your are dealing with someone who believes only she knows if you are in pain and you do not. The first three attempts she injected the numbing medicine into the blood stream thereby nullifying the test. It was on the 4th attempt she finally injected the numbing medicine properly.

Based on my 3 experiences with cardiology I cannot imagine anyone survives the quackery going on under Dr. Moody’s direction. The day I say Dr. Moody I was told there is never an actual licensed specialist in the clinic on clinic days. The clinic is run 100% by doctors in training. In theory if a problem develops they can page Dr. Moody or one of the other license cardiologists.

I can assure you the lying sack of shits Cornyn and Hutchison know exactly what is happening at the VA SA, and do not care. They know so long as they keep on promising a handful of veterans another VA hospital in the valley they will secure the votes. The fact VA SA is a nightmare of mind boggling sub-standard care does not mean anything to these two. True to form for Republicans they say they are fiscal conservatives, but then turn a blind eye to the VA subsidizing Texas medical schools. The VA can cut its budget big time while extending care to more veterans if it would simply cut its ties to the medical schools.

Think about this, how much did it cost the taxpayers to have me seen at least 40 times by different clinics and doctors in training over 10 years before someone was able to diagnose and treat the adhesions I have at L4 and L5? How is this a proper use of taxpayer money? It is not. Now, I expect the Democrats to turn a blind eye because they love subsidies to the states. But Republicans are the worse because after denouncing the practice, they do everything possible to insure the money continues to roll in for the Texas medical schools.

I feel a lot better. That was cathartic. Assuming I am up to it, there will be a movie review.

Thursday, December 3, 2009

A BIT MORE FOCUS ON BISD AND IMAGINE BROWNSVILLE’S FIRST PROJECT

Guys, for the second time I am posting the TEA opinion dismissing Gonzales’ Appeal.

The Report

http://docstoc.com/docs/18152524/Gonzales

There is an interesting backdrop to this story which has not been discussed. The Justice Department is already looking at the State's neglect of special needs children who have been put in state institutions. School districts all over the state are under funded for special services. With rare exception the universities lack the needed staff to train future teachers in special services.

Think about this - when you read the report it is obvious by the statement "it's been made" that it would have been futile for Gonzales to make further argument before the Board. Texas recognizes that you do not need to further pursue the appeal if it would be futile. Robert Scott knew this.

He dismissed the appeal to protect his own butt. He knew the evidence supported the discharge of Gonzales - you can read the evidence in the above link - (includes Guerra Report) but he could not make that finding without implicating the fault of his own organization. Gonzales would have still lost to be sure, but that loss would have implicated Robert Scott’s own failures to see to the needs of special needs children statewide. In the end Robert Scott ignored well established law concerning the futility doctrine to protect his own butt. Robert Scott threw special needs children under the bus to protect himself and the State of Texas.

IMAGINE BROWNSVILLE, BISD, UTB, AND VALLEY BAPTIST

The medical school in San Antonio graduates pediatric psychiatrists. It is time BISD, UTB and Valley Baptist work to recruit a new graduate to provide services to the children of Brownsville.

Given the history of corruption in Brownsville it should be no surprise some people are skeptical about the intentions of Imagine Brownsville. Here is a project which reflects a hot issue in Brownsville. If they can show the effectiveness of their organization by tackling this one simple project, their image battle will have been won.

In my dealings with BISD it is clear they have no one with meaningful medical training advising them on the issue of mental illness and children. Brownsville does not have a pediatric psychiatrist. Maybe a year ago I read where Valley Baptist wants to create a pediatric psychiatric ward. I do not know what happened to the idea.

A major part of the problem facing BISD is UTB provides no meaningful training to its future teachers on this issue. When I read textbooks used by the graduate instructors which define due process in a manner never heard of in the US and which shocks the conscience, it is no wonder our teachers are ill equipt to deal with these issues.

Imagine Brownsville needs to invite these three institutions to the table to fashion a solution to Brownsville’s lack of a pediatric psychiatrist. There is no reason why UTB could not guarantee such a recruit two courses in pediatric psychiatry which would be taught to future teachers and nurses. Either UTB or Valley Baptist should be able to provide the new doctor with free office space until he or she can get their practice off the ground.. This should not take long. BISD should be able to guarantee a minimum consulting fee.

Based on what I know about the need for a pediatric psychiatrist, I would imagine that within 6 months the doctor would feel overwhelmed and be telling his/her friends about the opportunity Brownsville presents for new doctors in the field of pediatric psychiatry. With a second or possible third doctor Valley Baptist will have in place the medical staff it needs to create a pediatric hospital along the lines of the Southwest Mental Health Center in SA. http://www.smhc.org/

This can all happen. It will just take some organization like Imagine Brownsville to bring the entities together. A success on this issue will paint Imagine Brownsville as a needed resource for Brownsville.

Wednesday, December 2, 2009

GETTING FOCUS ON THE BISD MESS AND BROWNSVILLE POLITICS

Sorry for the late post. I attended a two hour ARD at BISD. It was my first. On balance I would say it was successful and all of the participants were interested in focusing in on the child’s specific needs. The child will be provided homebound instruction. I think the in place game plan has a lot of potential for success.

BISD AND BROWNSVILLE

I am going to repeat some of what I have already said simply because people are beginning to understand the problem. The political reality at BISD is the same as within the Brownsville City Commission. The policy of the elected officials is to put people in charge who will play along with the dirty politics. We see this with the city commission which keeps Cabler and Sossi around because they are willing to play the game of dirty politics. I can say for sure 2 city commissioners are ready to fire Sossi. As to Sossi, I think it is a matter of time.

Hector Gonzales was hired as an insider to keep the Board happy. They had zero interest in his competency. Something happened about 6 months before the last election. The Board decided he was no longer reliable as a game player and decided he needed to go. Gonzales knew this and recruited Presas-Garcia to replace Powers. The anti-Gonzales faction recruited Zayas to replace Lehmann.

We are now again faced with another insider poised to become the superintendent regardless of his qualifications and in fact refusal to take seriously the problems within special services. The child I am advocating for is getting the services he needs because I have used a public forum to pressure the Board. The other children of this district are not so fortunate.

For now Springston can be relied upon to play along. But the day he says no to the dirty politics the Board will use the evidence they are already collecting on him of incompetency as a basis for his ouster. The taxpayers again will pay the bill. Because I fully expect Cortez and Zayas to be put out of office during the next election, I suspect those who will seek to replace them will immediately move to fire Springston.

My issue is, those who continue to defend Gonzales are defending this policy of keeping incompetent people around so long as they play the dirty games of the Board. This is the only reason they are offering Springston the job. This Board fears an outsider coming in and seeing the reality on the ground. I have no idea why the Board decided Gonzales was no longer a game player. A source keeps on telling me Springston does.

On the limited issue of a court finding Gonzales was fired for political reasons, I believe this would be good for Brownsville. I am 100% confident that any court which reviews the evidence will find Gonzales failed with Special Services. These two findings combined will tell the community the truth. This Board, Gonzales, and Springston all played the game and continue to play the game that the competency of the superintendent will only become an issue when the superintendent is no longer useful to the Board.

As to Gonzales he continues to refuse to tell the truth as to why he believes it was political. It is typical of his unrelenting unprofessional manner to allow the community suffer as the speculation runs wild. These are not the actions of a man who cares for the community.

This is the policy everyone should be fighting. It is the same thing happening with the City of Brownsville. Cabler and Sossi need to go and go now. This city commission will continue to cover for them so long as the city commission believes they can be relied upon to do the dirty business of Brownsville’s politics.

I believe if we can get the people to know the truth that Gonzales was incompetent, but that is not why he was fired, the people will finally begin to understand why Brownsville remains a third world city.

Unfortunately politics is what it is and people will continue to play the distraction game to the detriment of the people of Brownsville.

Tuesday, December 1, 2009

UPDATE COMMENT ON GONZALES AND PEÑA

In between my endless time in bed, I just remembered something which leads me to believe that Peña accidentally got BISD to admit it was a done deal. It is still an important admission which will come to haunt BISD.

I was vilified by Gonzales' supporters when I argued that Peña messed up by suing in state court before pursuing the Administrative Process. It would seem this is now the second time Peña has made the same mistake. Although to be honest I think Commissioner Scott on this issue is wrong. If Gonzales' next move it court, I am certain the court will find it was futile to pursue anything further with the Board. The Court will then get to the merits of Gonzales' discharge.

As to suing Peña for malpractice, it makes me laugh. Again comments by people with zero knowledge of the process. If the jury finds that the evidence supports the firing of Gonzales anyway, there is no malpractice. I do not like the standard, but when you have lawyers writing the rules, the rules will not be just. Further, Gonzales needs to argue the futility of pursuing further remedy with BISD. He cannot be suing Peña at the same time he is claiming in court it would have been futile to pursue further relief before the BISD Board.

Also when you sue your attorney for malpractice, attorney client privilege is lost. Are these idiots pushing for malpractice certain that there are no e-mails or communications Peña will be allowed to use in his defense which will hurt Gonzales?

No attorney in their right mind would agree to represent Gonzales in his bid against BISD while he seeks to sue Peña. It would make Peña a BISD ally. It would also tell his new attorneys that if they loose Gonzales will sue them for malpractice.

JUST A FEW THINGS AND THEN BACK TO BED - THE IDIOCY BEHIND REASONING

GONZALES AND WHY WE ALWAYS VOTE WRONG

Yesterday I noted that I believe Gonzales’ attorney may have done a great job in establishing futility in seeking relief from the BISD Board. I found the following concerning the futility doctrine and the Texas Administrative Code (TAC).

“However, the Supreme Court has noted that parents may bypass the administrative process where exhaustion would be futile or inadequate. Honig v. Doe, 484 U.S. 305, 108 S.Ct. 592, 606, 98 L.Ed.2d 686 (1988). The party seeking to evade the administrative process though, has the burden to show the futility or inadequacy of administrative review. Id.”

TEA v. Stamos, 817 S.W.2d 378, 385 (Tex. App. - Houston [1st Dist.] 1991)

This was a quick search based on the query “futility TAC.” If we assume this is the only case, then for now it only applies to students. I am fairly confident the appellate courts would extend it to employees. The following is from the TEA opinion.

When Pena queried about whether or not the decision had been made, even before he could argue his client's case, the response was "It's been made."

You translate “it’s been made” to futile.

I am loving this story because when you compare reality to the statements being posted in the Herald you begin to understand how the people keep on voting for the same bad people. You are not going to reason with them. You are never going to get them to even listen to real facts. Did Gonzales’ attorney commit malpractice? I think not. He created the recorded needed for Gonzales to move forward. People need to understand the meaning of “It’s been made.” It means do not bother with facts or the law Mr. Pena, the decision has been made. This tells us something about the motivation behind the decision to discharge Gonzales. It was political.

Everyone knows my position concerning whether Gonzales should have been fired - the answer is yes. But I always oppose dirty politics. In my humble opinion Gonzales was party to the dirty politics of the BISD Board. All of this distraction garbage that he was fired over the insurance deal does not help understand reality. A good 6 months before the election the decision was made to fire Gonzales. Presas-Garcia was recruited with one and only one purpose. To get rid of Powers because he was one of the votes against Gonzales.

But it is a danger to our political institutions when we reward dirty politics. We cannot reward this Board for its dirty politics just because Gonzales was part of it until he could do it no more. If we turn a blind eye to the dirty politics, then the Board will keep on hiring superintendents who will back the dirty politics. So long as Gonzales was willing to back the dirty politics of the Board they ignored his competency issues. This is exactly what they are doing now with Springston. Springston is becoming one endless propaganda commercial for himself. This should tell people that Springston and the Board are using the distraction of propaganda to avoid the reality behind the curtain.

I am now convinced in the hands of the right lawyer Gonzales can win a lawsuit for the balance of his wages under the contract. He can take the Texas court’s path or go to federal court. I would go to federal court. Texas trial judges are notoriously stupid and lazy. Their eyes tend to glaze over when you attempt to argue law. A federal trial judge, unlike Texas trial judges, have to write an actual opinion explaining their position. Some years ago Texas tried to change this, but Governor Bush vetoed the law.

When you have a local newspaper like the Herald, the people will always remain ignorant. They never develop the full story so the people remain in the dark to feed on their own self induced paranoia. To be fair, overcoming the ignorance of the people is no easy task. I always like to use the example of the parent who point blank looked their son in the face and said “you lie, the priest did not molest you.” Well he did and the parents were just as guilty as the priest. People tend to only want to believe their preconceived ideas - nothing more. Thinking outside their comfort zone does not come easy.

This does not mean you cannot get to some people. Try and imagine a spectrum of one side consisting of people obsessed with power and who must form endless committees to study everything. On the other side is the person who sees a problem and just goes at fixing it without getting the process involved. I must admit I am closer to the latter than the former. I go nuts sitting around listening to people try and impress themselves with endless ways to fix the problem, but who have never personally fixed anything.

The committee person almost always gets elected because they use the people as puppets to do their bidding on these endless committees. It makes the puppets feel important and useful. With rare exception, and there are exceptions, these people other than serving on committees have never actually done anything to fix anything.

In the end these people get in the way of solutions because to feel important they participate in the process of endless committee meetings while Rome burns. The guy who just goes out and fixes things when they see the problem never gets elected, or if they do they are soon to be vilified by those who love committees. Go getters tend not to be people persons. They are problem solvers. They have a hard time connecting with the electorate because the idea of kissing a baby for votes seems dishonest. But then again, dishonesty is all we ask of our politicians during the course of the campaign.

The people are like Texas trial judges, their eyes glaze over when you try and explain anything to them. The reality of the danger in presented in denying 10 million undocumented workers health insurance will never sink in with those who have already made up their mind. Their mind shuts down when you try an explain how such stupidity lead to the flu pandemic of 1917. When it happens again, it will be the governments fault, not theirs. Politicians are not on the side of the spectrum with strong problem solving skills, so they will go with ill-informed public anger and allow the pandemic to happen. We can always blame the communists.