Monday, December 7, 2009

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?

4 comments:

Anonymous said...

From what you posted you are saying that the complaint is against Sprinston so why would he help a person file a complaint against himself "Springston’s refusal to help the father file the complaint." Maybe I missed something but this doesn't make sense to me.

BobbyWC said...

So your argument is simple - if Spingston does not like the nature of a complaint or the target of the complaint he has no duty to aid the parent in explaining the process -

Well thank god you are not in charge of the TEA - they beg to differ.

Bobby WC

Anonymous said...

A Defense to Defamation is the truth, I am sure that attorneys for Quintanilla will counter with a Petition to Depose Rodriguez, and Zayas and Cortez, that should be interesting.

Wonder if Judge Sanchez will allow for those depositions to take place?

BobbyWC said...

This is a discovery lawsuit - unless Quintanilla files a discovery loawsuit against them he has no right to their deposition.

Also like Isaid it would not be a regular defamtion lawsuit - so the truth is meaningingless.

Bobby WC