SUNDAY'S SALES

CITY COMMISSION TO HAVE WORKSHOP ON CHARTER REVIEW - MONDAY (as corrected by reader)

I have a question: if the process is as transparent as the Commission would like us to believe, why not just post the recommended changes on the internet, or in te meeting packet for consideration by the people?

The meetings may have been open to the public, but the public who owns the charger should not have to go to the meetings to know what happended at the meetings. The people own the Charter - not a bunch of political appointees.

To remind everyone there were minority voices on the committee wanting to post everything to the internet, but those who believe transparency means as clear as a morning fog in San Francisco won out on the issue.

It is sad the majority of political appointees on the committee decided the keep the public in the dark until the 11th hour.

MODERATE BLACK REPUBLICAN WINS CHAIR OF REPUBLICAN PARTY

(No movie review - I was in SA all day on business - not VA business - also nothing new worth watching anyway.)

http://news.bbc.co.uk/2/hi/americas/7862158.stm

I personally believe had John McCain chosen Michael Steele as his VP he would be president today. So goes history.

The Republican Party is in a complete free fall. If you know Mr. Steele he is no friend of social conservatives. Is this the beginning of a fiscally conservative, but socially moderate Republican Party?

TODAY’S POST IS NOT EXCITING NOR FILLED WITH DRAMA - BUT JUST SOMETHING TO THINK ABOUT

There is no getting around the fact the economy is collapsing. Both the Democrats and Republicans appear oblivious to two simple problems with the economy. The government can put a trillion dollars of new money into the system for loans, but if we cannot afford the debt we already have, how will we afford new debt?

The second issue is gas. Everyday people watch for the price of fuel - should they buy today or wait and see what happens tomorrow. It is very difficult to budget one’s household expenses when you know there is no stability in the price of gas. By June we could easily be back to $4.00 a gallon - then what? Congress will not take action to regulate the speculators and put a price freeze on the price of oil.

All we have left is each other. During these difficult times, I am proposing that each of us do our best to support local businesses. A family which owns a restaurant like Big Daddy’s cannot look to the profits of 100 other sister restaurants to absorb the losses of 10 of its restaurants. The big chain restaurants have a better chance of surviving this economic downturn than the family owned restaurant. If you can afford to go out and eat, choose a locally owned restaurant over a chain restaurant.

Next, just because you cannot afford new shoes does not mean you cannot get an old pair refurbished. I still wear my 1981 issued US Army shoes - they have been resoled more times than you can imagine. Hey, it keeps a little shoe repair shop in business and allows him to feed his family.

If you need a windshield there is the family owned business Ramirez in Southmost. They are cheaper than the chain places and the work is A+.

My bigger point is, as money gets tight, think about where you shop. It is important that we support our neighbors by shopping in their stores when possible.

CISNERSOS, CAMARILLO, AND GARZA ON PROBLEM SOLVING IN PUBLIC WORKS

IT IS TIME TO ADDRESS THE FAILURES IN CITY MANAGEMENT THROUGH CHARTER REVIEW

BUT FIRST THE MAYOR AND BISD UPDATE

My sources with knowledge of the evidence DA Villalobos is keeping from the grand jury in the mayor’s check scam tell me that the mayor’s checking account was overdrawn on the day he deposited the subject check, and that he immediately paid $6,000.00 worth of bills with the money. My sources are telling me that DA Villalobos has ordered silence by his staff as to why the grand jury review was cancelled. It is my understanding it will not be heard until February.

As of Monday it appears Antonio Juarez had abandoned his lawsuit against BISD. Ben Neece has taken no action to obtain a TRO to prevent BISD from firing Juarez. You see, in federal court rules tend to matter a bit more than in state court. In the case of Judge Euresti Ben Neece knew Judge Euresti would sign his own death warrant - but the same cannot be said for federal Judge Andrew Hanen who will hear Juarez’s case.

On Monday we learned that two city employees were arrested and fired for abuse of the city purchasing cards. We learned that City Manager Cabler lied to the Herald about how their system of auditing caught the problems. I have asked the City Commissioners to comment on this, not a word from the town clowns.

The following are the questions the City Commissioners are refusing to answer:

When will this city commission deal with the mismanagement in Public Works?
When will this city commission call for an independent audit of city credit cards?
When will this city commission make education a factor

Those seeking the offices currently held by Camarillo, Garza, and Cisneros need to answer these questions as part of their respective campaigns against this trio.

As I reported yesterday, I verified with the BPD Cabler is a liar. The only reason they caught the problem is because I threatened an open records request of the credit card statements if they did not take action. In fact the city filed an objection to my request with the Office of the Attorney General. In fact the city is late on an Open Records request related to phone bills for the commissioners’ cell phones. Apparently another suit is the only way I am going to get the phone bills, which Pete Gonzalez stated to me in an e-mail were subject to an open records request.

You see this city commission is prepared to spend a million dollars defending lawsuits rather than simply comply with the law. Pete Gonzalez has refused to respond to my request as to the status of the phone bills. It is sad they will pay an attorney to respond to my request. Your tax dollars being wasted to keep the corruption under wraps.

Charlie Cabler is the epitome of corruption and nothing will change so long as he has a job with the City of Brownsville. This brings me to management.

Santana Torres oversees Public Works. This includes the Greens Department. Monday’s revelations about corruption in the Greens Department was only the tip of the iceberg. There is still the case of the $14,000.00 stolen from the safe at the landfill. Because I cannot trace the money to a specific person and cannot prove my claims with an open records request - the thieve has been told - no worry - no investigation - Charlie Cabler has your back.

Everyone who works in Public Works knows they can go into any storage facility and take anything they want and sell it at a pawn shop, the flee market or in Mexico. There is absolutely nothing in place to track who is checking out high dollar equipment and who is bringing it back.

When David Ivory left Public Works he had two secretaries. When it was realized Santana Torres was in way over his head, according to my source, Lydia Gonzales at Cabler’s request authorized 5 additional secretaries to be hired to help Santana Torres to do his job.
In real cities where competence matters, the Director over Public Works would have an engineering license or an MBA. In Brownsville all it requires is a high school diploma.

So what ever happened to the Charter Review Committee? Originally we were told we would be told about their recommendations in November. Then we were to be told about their recommendations during a City Commission Workshop, about two weeks ago. Still nothing - what is the cover-up?

The City Charter belongs to the people. Why are Charter Review Committee members being prohibited by the city commission from revealing their recommendations? What is the delay? What is the cover-up? Where is the infighting?

One thing I called for was a mandate that all City Directors have a professional licence, or a masters in their field. The City Manager should be required to have a Masters in Public Administration. The one thing I know about the City of Brownsville, the Abyss by the Gulf, is its city commission will always be opposed to educated people holding key positions. They need ignorant people who could not get jobs as ass wipes so that they become 100% dependent on a hopelessly corrupt and inept city commission.

FOLLOW-UP TO ARRESTS OF CITY EMPLOYEES - TIME TO FIRE CABLER AND TORRES

UPDATE FROM ORIGINAL POST:

This afternoon the BPD verified for me that Charlie Cabler lied to the Brownsville Herald and that the only reason they caught these thefts was because of my complaint. Again who is Cabler protecting?

The Herald quotes City Manager Cabler making the following statement regarding the fraud in Public Works.

"We continually check on the cards with our internal auditors; we saw discrepancies and initiated an internal investigation when we saw there was a criminal element. We contacted the police. The system (using the cards) is a good way to expedite materials. It's a good system. We just need to fine tune it."

This is a bold face lie - and Cabler is covering for his own incompetence and failure to address this problem months ago. This also means the problem remains unresolved and your tax dollars remain subject to theft by city employees.

This entire matter was discovered because I filed a complaint with Pete Gonzales giving him the names of Llamas, and Rodriguez. Had Cabler simply said the investigation was opened after a citizen complaint I would have no complaints. It is his lie that the system, which is broken, caught the problem. His lie tells me the taxpayers are still exposed to further fraud, and this is what concerns me.

Here is an excerpt from my original e-mail to Pete Gonzales in December, which according to the Herald is when the city started the investigation.

"My source is telling Raul Llamas in the Greens Division ordered him to use a City credit card assigned to the Greens Division to buy certain supplies at McCoys. The city employee did not think twice about this. Mr. Llamas then called the same city employee demanding he use city time and the same city credit card to buy industrial staples. The employee was ordered to bring the staples to Raul Llamas home. This is when the city employee saw the supplies he had previously purchased at McCoys being used to build a carport at Raul Llamas home. My source is telling me that after he paid for the building supplies at McCoy's he gave the receipt to Gilbert Rodriguez to make arrangements to have the materials pick-up."

The following is Pete Gonzales initial response to me via e-mail after he open the investigation.

http://brownsvillevoice.blogspot.com/2009/01/from-peter-gonzalez-city-of-brownsville.html

My issue here is simple - why is Cabler lying about how broken the system is and claiming they caught it? This is a point blank lie and every city commissioner knows it. When the city manager lies about a broken system which is allowing for endless fraud on the taxpayers it is time to fire the city manager.

The city commission will do nothing about Cabler’s attempted cover-up of the broken system and you can see this in Sorry Charlie Atkinson’s name calling at me. You see Cabler can keep his job so long as he is willing to do the dirty work for the commissioners. Who among the commissioners’ favorites on the city payroll is Cabler protecting?

My question is, if Cabler is lying about having caught the problem when in fact he did not, what/who else is he covering for in terms of fraud and mismanagement under his failed leadership?

When it is convenient for Sorry Charlie Atkinson to demand that Pat Almighty tell the people where the check came from he is all MOUTH, but when it comes time to demand Cabler tell the truth about how this investigation came about he engages in name calling against the citizen who filed the criminal complaint.

Who is Cabler protecting for Sorry Charlie Atkinson?

The fraud against the city and Cabler’s total incompetence and lies on the issue, should be the number one issue in the May elections. The people are at their limits with corruption and incompetence by politicos. If Cisneros, Garza and Camarillo are not willing to demand Cabler’s and Torres heads over this, then the people will send Cisneros. Garza, and Camarillo packing.
For those new to BV here are some old articles on mismanagement in Public Works - Greens Department is part of Public Works

http://brownsvillevoice.blogspot.com/2008/12/credit-card-fraud-against-city-of.html

http://brownsvillevoice.blogspot.com/2008/09/brownsville-city-landfill-where-dirty.html

WHEN A VENDETTA RUNS ROUGHSHOD OVER COMMONSENSE AND GOOD PUBLIC POLICY BECOMES THE VICTIM

Editor's note: late Tuesday I posted the press release concerning the criminal charges against two city employees which came about as a result my criminal complaint. I will have more to say on this later Wednesday morning - but the bottom line is Cabler is covering for a failed system - see my comments in the Herald)

TIME WARNER

I will be as clear as I can about the fee Time Warner is charging to customers who do not received their bill via e-mail - it is good for the poor and will result in lower bills over time, or no increases over time. I understand that to have service with Time Warner means endless frustration.

Sorry Charlie Atkinson and Shorty Dick Longoria have made it clear that those of us who live in Southmost have no right to quality service from Time Warner. The lines are old and do not work on cold nights. It took me over a month to get Time Warner to replace my outside cables over this issue, and then another month to put waterproof connectors on their outside connections. Even with these changes, after threats of litigation, my Road Runner goes down every day. My point is, I get we all hate Time Warner. But hating Time Warner does not mean you oppose a policy which will lower operating costs which in turn will keep fees down and provide greater access to the poor.

Before I explain the how, I want to use two examples to which most people can relate. In 1974, I paid $225.00 for a rt ticket between NY and Miami. For reasons not important, my family flew for free from Miami to Managua, Nicaragua. In my family if you worked you paid for your own plane tickets. Today that same plane ticket is $198.00 plus fees. How it is that 35 years later, with fees the cost of a plane ticket is the same as in 1974? The internet changed everything.
In the old days the airlines had to pay a reservationist to take your call and help you find a fare and time which was good for you. You could spend a half-hour on the phone looking for a reasonable fare. If you did not use their reservation service you went to a travel agent. The airlines then had to pay a commission to the travel agents.

Now that most people make their own reservations on line and print out their own boarding passes on line, the airlines save millions of dollars a year on salaries and benefits. The airlines became more efficient and cost conscience. This is why the cost of a plane ticket from NY to Miami has not changed in 35 years, although wages have gone up and new planes have been bought.

It was not long ago that senior citizens on a fixed income or parents dependent on child support could not get bank accounts because they could not afford the monthly fees. Because of the internet and electronic transfers banks realized they could waive the monthly fees if people agreed to direct deposit for their SS checks or pension or paycheck. Electronic deposits saved the government the costs associated with producing the checks, and the banks the costs of paying tellers to process all of the checks. The banks realized that by going electronic they could improve their services while actually eliminating fees.

All of this expanded banking to the poor. Poor women and men no longer wait for their child support in the mail. The state deposits it directly into their bank accounts and these parents who live day to day have their money on the same day the bank deposits the money into their accounts. The banks and the Child Enforcement Section of the Office of the Texas Attorney General are saving millions of dollars which were previously devoted to the processing of checks.
How much do those of you who will attack my post think the banks are saving now that millions of Americans no longer use checks and pay their bills on line, or charge groceries on their debit cards? How much are the retailers saving now that they no longer have to process millions of checks every year?

It is the same for Time Warner Cable. I agree poor people will not be able to take advantage of the 99 cents savings by receiving their bill electronically. But the poor will benefit big time as rates are held down as Time Warner saves millions on mailings, personnel to process the bills, and personnel to process the payments. Part of what will happen is more and more people will just begin to pay their bill on line. This will mean Time Warner will not need an entire department to process checks.

As for the fee to pay your bill at the Time Warner Center - I do not get it. I go every month and scan my bill at the bill pay kiosk. My account comes up. I insert my money and my bill is paid. It does not cost me a penny. I cannot help the people who prefer to stand on line and pay the extra dollar so they can say they gave the money to a live person.

Anyone can ask how to use the kiosk and the staff for free will show them how it works.
The bottom line is, this 99 cent fee will force a lot of people to change their habits about how they receive and pay their bill. This will save Time Warner millions of dollars in operating costs. This will mean less pressure on Time Warner to raise our rates. If paying 99 cents to receive a hard copy of my bill will mean no rate increase for a few years, then I say, no commonsense says, the poor will be the primary beneficiary of this new policy.

And before someone says, Time Warner will not pass on the savings - let’s look at history. The cost of a plane ticket has not changed in 35 years. The banks no longer charge the poor to have a checking account.

CITY OF BROWNSVILLE EMPLOYEES ARRESTED AFTER BV CRIMINAL COMPLAINT

Here is my original story.

http://brownsvillevoice.blogspot.com/2008/12/credit-card-fraud-against-city-of.html

It is actually worse. For over a year I have been complaining about credit card abuse within the City of Brownsville. In the Greens Department any employee can take a blower, lawn mower, chainsaw and sell it at the flee market. They have no system for checking out these high dollar tools. Anyone can check them out, while having no duty to take them back.

This is all happening under Santana Torres. If Charlie Cabler fails to fire Santana Torres, then the City Commission needs to fire Charlie Cabler.

The problem is huge. As I have said before, I have personally seen city employees buying printer cartridges at Office Depot and selling them to their friends in the parking lot.

A major part of this problem is Elia Gonzales - she treats the City of Brownsville personnel office as her personal employment agency. This position should be held by someone with an MBA in Personnel Management - but then again - this is Brownsville the Abyss on the Gulf of Mexico.

PRESS RELEASE FROM CHIEF GARCIA

Date/Time: January 27 2009
Location: Brownsville Texas
Subject: Brownsville City Employee Arrested

Brownsville Police Department initiated a Theft Investigation in December of 2008 into allegations that two Public Works employees were abusing the use of their assigned City of Brownsville Purchasing Credit Card (P-Cards). The investigation revealed that Greens Division employee, Raul Llamas and Greens Division Supervisor, Gilberto Rodriguez were making purchases with their assigned P-Cards and either keeping the merchandise or selling it at half price. The value of the property the stole is more than $1,500.00 but Less than $20,000.00.

The investigation revealed the suspicious purchases started in January of 2008, were made at different locations such as; Sears, Home Depot, Wal-Mart, McCoy’s, Burton’s, John Deere and also made a purchase through the internet for tools. Investigators were able to recover most of the items from the employee’s homes and a pawnshop.

Llamas and Rodriguez were brought in for questioning and admitted to the thefts and both were being charged with Theft (State Jail Felony) Llamas has an additional charge of Tampering with a witness as he intimidated an employee into giving police a false statement when questioned.
On January 20, 2009 Llamas was arrested and charged with State Jail Felony Theft and Tampering with a Witness. He posted a $10,000.00 bond.

Gilberto Rodriguez is now considered a fugitive, as he is aware there is a warrant for his arrest. Rodriguez still has not been located to execute the arrest warrant.

The City Credit Cards have since been collected and the city is in the process of reviewing and changing policies regarding "P-Card" purchases.

The two employees have been terminated due to the allegations made against them and the Charges pending against them as well.

# # # # # # # # #

A LEGAL HODGEPODGE DAY

Someone in one of the comments asked why I bother with the idiots. Between Sunday night and Monday I rejected nearly 10 posts mostly by the same person. The ones I let through are selected based on my desire to show the level of mental illness driving those who seek distraction as an alternative to solutions. While it is obvious to some it is not obvious to others. I simply allow some through to allow my readers to see the other side of blogging and those who seek to destroy any hope for positive change. We must know the enemy if we are to defeat them.

A funny side note - one of these idiots actually believes that if he keeps on saying I do not work, I will disclose a list of my clients so he can harass them. I have rejected the same pathetic comments a million times and he keeps on posting them. I think it is called being an obsessive compulsive manic depressive.

PAT ALMIGHTY:

This was in Saturday’s Herald: "The DA wanted the opportunity to review the case (for possible prosecution) and we felt there was no need for the FBI to get involved and not necessarily because it's a low amount of money," said Johnson, clarifying a prior statement from the FBI San Antonio office that the amount was below the threshold that prompts a federal inquiry.

"A violation of trust (rather than a financial crime) is the most important thing and you can't put a price on that," Johnson said.

He said that since the state is so far ahead in addressing the case "it should run with it."

http://www.brownsvilleherald.com/news/attorney_93996___article.html/district_blaylock.html

Mr. Johnson with the FBI was clearly upset with the previous article in the Herald which lead the readers to believe the FBI was not interested in the Pat Almighty case.. His response was mostly a warning shot at Villalobos - "mess this up and we will handle it for you." This is very telling because it indicates the FBI is all too aware Villalobos cannot be trusted. Mr. Johnson’s decision to come back and clarify the FBI’s position was a clear slap in the face to Villalobos. It was a black and white statement of no confidence towards Villalobos.

Pat Almighty’s attorney, Blaylock, says his client wants to testify before the grand jury. Yea right - do not believe it. I have testified before the grand jury on behalf of clients and while pursuing grand jury referrals. Unless you are willing to tell the grand jury foreman to shove it up his ass when he attempts to assert his imaginary authority, you are best not to testify. My first time, I told the grand jury foreman to shove it up his ass and accused him of being bought an paid for by the Assistant DA. I walk out of the grand jury room and marched up to the office of the DA. The Assistant DA was pulled from her duties as an Assistant DA, and the case was assigned to a new grand jury after it was decided the original grand jury had become tainted by the foreman and unethical ADA.

When you are before a grand jury you have no rights. You have no attorney in the room to object to a question or advice you how to lie. You are on your own. No competent attorney tries a case before a grand jury. All you can do is argue the DA has the law wrong. That is exactly what I did when I won my first No Bill. The issue was whether a political candidate falsified his address on his Application for a Place on the Ballot - ala Presas-Garcia.

BISD - POWERS V. JUAREZ

In further defense of his character Mr. Powers posted the following to the BV "Antonio Juarez came to my office (twice) for advice about filing a grievance against Hector Gonzales during the first week of January."

Juarez, in his lawsuit, never mentioned this meeting with Powers. It would not surprise me to learn that it was never a majority of the unnamed Board Members who encouraged Juarez to file the grievance, but only Mr. .Powers who at the time was just an average citizen like me and you.
You see, all allegations have an element of truth - it is just a matter of spin. I have seen this tactic before - one person makes the claim, and the lawyers puts it on an anonymous group. A curious thing about the "Majority Board Members’ making the demand that Juarez file a grievance against Gonzales - was this during an illegal meeting between Mr. Juarez and the "Majority Board Members"? You see a majority would constitute a quorum in violation of the Open Meetings Act.

Some people have raised a legitimate concern that I may be covering for Powers. If Powers has done something wrong, me filing a complaint with the FBI certainly did not help him. I will follow the evidence where it takes me. Anyone who knows me knows I care not one bit where the axe falls so long as it falls on justice.

When I look to Antonio Juarez’s claims I just find them to be without merit as alleged. (Qualifier "as alleged") To believe him about the "Majority Board Members" is to believe he himself was party to an illegal meeting. Presas-Garcia and Peña were certainly not at the meeting. I think we can all be certain at this point that had such an offer occurred to give Juarez back his job as CFO in exchange for a grievance against Gonzales, Presas-Garcia would have been the first to call the Herald. So if it happened it happened in an illegal meeting without Presas-Garcia and Peña present.

LAWSUITS AND HAVING FUN

Most people seem to have a very poor understanding as to the mechanics of a lawsuit. After you file the lawsuit a process server delivers the lawsuit to the person who you sued. In state court they have until the first Monday after 21 days past the date they were served with the lawsuit to file an answer. In state court most defendants can file what is known as a general denial. There are a handful of exceptions. Federal court is different on this issue.

There are morons, you know the type people who have to put everyone down to compensate for their own low self-esteem, who think they can run from the lawsuit. These morons actually believe they are the first person to think of this. Texas law provides for morons. A moron can be served through publication. After being served through publication if they fail to timely file an answer the judge can default them. This becomes particularly dangerous if another party has agreed to an Agreed Judgment for lets say 5 million dollars. In these cases the judge can tack on the name of the party who defaulted using the theory of joint and several liability. The settling party is released from the judgment upon payment of a portion of the judgment. The defaulting party typically learns of the judgment when the constable shows up at their bank with a writ of garnishment, effectively emptying their bank account.

Something similar to this happened to a lawyer I was working for in 1989. The constable showed up at the office with a moving van and removed all non-exempt property from the office. Van left the airport after cancelling his ski trip and returned to the office to write a check for a large sum of money to the lawyer on the other side of the case. It is a lesson which has stayed with me and which has proven very profitable over the years.

Just a little adventure in the wonderful world of litigation.

THE DEVOLUTION OF BROWNSVILLE FROM A WANT OF VISION - ITS NEW MOTTO "A STRIP JOINT AND BAR ON EVERY CORNER - IT’S GOOD FOR BUSINESS."

(Editor's note: there was a late night posting on BISD before this post.)

Most people who are of the older generation remember all too well how their children fled Brownsville in hopes of greener pastures elsewhere. Over time many came back, but most stayed away. Today a new generation is moving into Brownsville because they heard there is economic opportunity and weather which is everything you could hope for. Among these new arrivals some leave after several months, especially the professionals. What they quickly learn is, between the politicians and the lack of a quality educational infrastructure, Brownsville is not where you move to raise a family.

Every parent hopes that their child will grow up and seek employment in their own town. For this to happen, opportunity has to extend beyond the parent. The new arrivals who are needed to help Brownsville grow see little hope of this.

For reasons I do not understand, Brownsville is a city without hope or vision. Ask yourself, what do you see Brownsville offering your child in 10 years? Do you see anything happening which would give you reason to believe Brownsville will ever be a great tourist destination. A place where a major auto manufacturer decides to build a plant? All major manufacturing is done through robotics. There is no where for our children to go to learn these skills. No one in a position of leadership can seem to make the connection between training workers for the future, and Brownsville’s ability to recruit a major manufacturer.

Vision by the Airport Board and the City Commission means a ten year break-even plan to remodel the parking lot at the airport. Have you been on Boca Chica of late? Does anyone believe Boca Chica can handle the expanded traffic which will come with a larger airport? Boca Chica cannot handle the traffic caused by Walmart.

Leadership with vision would be looking at land on 77 and 511 or 77 and East Blvd to build a new airport which would have direct access to 77. No, vision Brownsville style is upgrading a parking-lot which will take 10 years to pay for. Does anyone believe Brownsville can present itself in a professional manner while its airport remains a glorified shack and Harlingen and McAllen have built modern airports?

When you leave Brownsville’s airport the visitor’s first impression on their way to SPI is Iowa - a road which is one pothole after another. You are on your way to SPI for a convention, do you see Brownsville as anything but a third world city with antiquated infrastructure, or a city on the move? If you shoot down Billy Mitchell the first restaurant you see is literally a falling down shack. What do you think? Your company wants to transfer you to Brownsville - do you come?

The one thing for which anyone has a vision to bring about economic development, the Weir Dam, is met with opposition from a city commission more interested in settling personal scores with Mayor Pat Ahumada than in moving Brownsville forward. The Weir Dam turns downtown Brownsville into a pearl on the Rio Grande with fine restaurants, shopping, and hotels.
More and more people are afraid to travel abroad for a variety of reasons. Within the next month a cousin of mine and her husband will spend a week on SPI - two reasons - Miami is too cold this time of year, and they like the idea they can run across the border real quick for some shopping while basically feeling safe in the US.

Imagine a first class airport with easy access to 77, a convention center, a developed downtown with river-boat gambling, fine hotels, shopping. and restaurants. But all our leadership can imagine is a sports complex which does nothing for tourism or economic development, and potholes.

I have met with so many people in the business community and have asked, why are the political candidates always the same old recycled failed politicos of the past? Answer, no one with an ounce of integrity is willing to suffer what is sure to be a campaign of take no prisoners, which is run by proxy by corrupt officials - looking to insure their clan are the only ones to benefit from change. The sad part is the blogs, bloggers, and the Herald are all too willing to make themselves party to attacks of distraction.

The current stable of candidates looking to run in the May elections are nothing more than a stable of old horses long overdue for being sent out to pasture or the glue factory. Although, allowing the incumbents to remain in office does nothing for hope. A recycled old horse at least sends a message the incumbents have failed us. Further, Brownsville has the real possibility of a special election for a new mayor. Who will run? The same old tired horses looking to make money for their clan rather than for the benefit of the city.

Brownsville is desperate for an experienced business leader - paying a bunch of poor old soles (I mean soles - not souls) a welfare wage does not make you experienced or successful. There must be someone who has run a multimillion dollar corporation who has a vision for Brownsville. A professional who understands you establish your goals and go for them. A professional who through his/her acts can demonstrate the pettiness and immaturity of the current city commission, without having to go personal. I believe people will follow a true leader while dismissing most if not all of the current city commissioners as without vision or leadership.

It is time for honest people in the business community to search among their own and help the people of Brownsville and Cameron county find new faces to run for public office. Such a committee must include trusted community activists. If the business community would recruit and fund such candidates it is possible such candidates could overcome the 11th hour ads of half-truths and disinformation the proponents of corruption will seek to run. Our next mayor probably needs to be a transplant. It seems to me a Brownsville native will probably be by nature like a rudderless boat. When your only experience in observing government is observing failure it seems to me you automatically become jaded by that failure and a prisoner of a system which will never aspire past failure.

Two years ago many of the current city commissioners and mayor promised to raise impact fees, to cover the costs to the city for new construction -two years later, nothing. Our older communities continue to deteriorate. When people want to buy a new home they do no think about an older home they can remodel, they think new construction. If you want to make older homes more attractive to new buyers you need to raise the cost of new construction homes. An impact fee of $6,000.00, on new construction homes would force people to buy older homes in need of remodeling. A remodeled home improves older neighborhoods and revitalizes them, and in time increases property tax revenues. Something so simple, but yet too complex for consideration by this city commission.

The city commission’s view of our older neighborhoods is to just let them die off like abandoned cities after a nuclear war. The idea that they can be revitalized through competent visionary governmental policies eludes this mayor and city commission, all of whom lack any real vision. It is truly time to reject all candidates who are part of the same old recycled politicos, and seek out new blood who are not limited in their vision of Brownsville by the failed leadership of the past.

Something as simple as dealing with new bars in Brownsville is beyond the competence of this city commission. BISD is threatening to sue the city for approving a liquor permit for an establishment within 260 feet of a school facility. If this happens tax dollars from the city will be used to promote a bar within 260 feet of a school facility -but no money for potholes. In real cities with real leadership entertainment and red-light districts have been established as a way to keep bars and adult entertainment out of our communities. Not in Brownsville - Brownsville’s motto is, "A strip joint and bar on every corner - it’s good for business." I guess if you keep enough people happy with spirits and strippers they will not notice they live in a backward third-world city.

Special education is a disaster in Texas. We in Brownsville with the BISD mess are watching the failure of special education unravel at both the state and local level. Eddie Lucio III’s solution is to pull a Mayor Ahumada and introduce legislation to make it a crime to steal a dog. This is Eddie Lucio III’s idea of leadership and creativity. Our special needs children are being denied an education because of failed policy at the state level, and failed leadership at the local level, and Lucio III is trying to make laws about dogs. This is Brownsville.

OTIS POWERS MADE VICTIM TWICE - BV RESPONDS

I was waiting for the gallo pinto to finish, refried Nicaraguan beans with rice mixed together, along with boiled platano macho and yuca root, (picture has them fried) when I decided to check the blogs. You would think a BISD English teach would know how to read plain English, but maybe not. I get testy when you interrupt my gallo pinto.
Here is the original story by the BV.

http://brownsvillevoice.blogspot.com/2009/01/otis-powers-accused-of-receiving-bribe_21.html

There is a big difference between reporting what a third party has said in a sworn statement and making the accusation yourself.

The BV knows of no allegations by anyone wherein Otis Powers is alleged to have taken a bribe. The BV reported that Antonio Juarez in a sworn statement made a claim in a sentence which included the word bribe and the name Otis Powers. The BV also made clear the sentence was incoherent. The primary point was to make known the level of dirty politics coming from Ben Neece and his clients.

I defy anyone to tell me what the following means:

"Complainant alleges that a former Board member, Otis Powers, received a bribe, on behalf of Kent Whittemore, to help influence the outcome of the grievance."

All the BV did is report Otis Powers was accused of this, what ever it means.

Who knows what the truth is, but the BV knows of no coherent statement by anyone who claims Otis Powers took a bribe. The BV has certainly never made the claim. In fact anyone with minimal skills in the English language can read my criminal complaint and understand I suggested that Antonio Juarez only used Otis Powers' name because Otis no longer has control over his future. The implication to the other Board Members was Antonio Juarez will name names, but for now he is only naming someone who has no control over his future. You might call it a veiled threat.

After I contacted Mr. Powers to inform him I intended to respond to the claims being made concerning BV, he informed me he made the following post on another blog.

‘Let’s get the facts right. I welcome a grand jury about Mr. Antonio Juarez sworn statements. I have nothing to hide. I have been off the board since November and have not attended any meetings since October 21, 2008 . Mr. Juarez was re-assigned in December not October. Mr. Kent Whittemore grievance was held on January 20, 2009 and did not get what he requested. My attorney is looking into perjury of Mr. Juarez statements and false statements by Board Member Caty Presas-Garcia. I will not let any body blame me for Mr. Juarez re-assigned. I will fight to the end."

Herman Otis Powers Jr.

Otis and I may not agree on policy or how he handled himself as a former BISD Board Member in terms of Hector Gonzales and Art Rendon, but that does not translate into me believing in character assassination. I grow bored with people who cannot make a policy argument so they turn to distractions and character assassinations. these people are the evil which keeps Brownsville down and as a third world city. If Otis Powers is a victim here, I hope he gives Antonio Juarez and Ben Neece hell.

A man should take no prisoners when defending his reputation against false accusations.

SUNDAY'S SALES CIRCULARS

I liked the film, but with qualifiers. This is a modern day fairytale which incorporates many parts from the old standards. I think children under 12 will probably be bored with the film. Also if you are not a fan of the genre you will probably not like the film

The scenes are magnificent. The director's blending of colors to perfection only made for an even better film. Brendan Fraser has a gift which causes characters to come alive out of the books. During one reading several evil characters come out of the book "Inkheart" and his wife goes in.

The story is about his journey for a duplicate copy of the book "Inkheart" I must have missed what happened to the original which causes him to have to search for a duplicate.

In my opinion the story is well written and well acted. Helen Mirren plays aunt Eleanor to perfection. I love films which bring new ideas to the big screen. On balance I found the film to be creative. But again, children under 12 will probably be bored. And adults should be fans of this type genre of film to fully appreciate its creativity.

THIS IS WHAT HAPPENS WHEN SCHOOL DISTRICTS FAIL CHILDREN

Aggravated Assault with Deadly Weapon - ShootingThere was a shooting last night at around 2:45am at the Borders Apartments at 375 Media Luna at Apartment #3701. Alejandro Mendoza (24)-reported that he arrived home to find that his sister Amy Mendoza was having a party in the apartment. Alejandro states that he was done for the night and he was trying to sleep but the people in the apartment were being loud so he asked everyone to leave. As he was escorting them out of the apartment one of the male subjects ( Bruno Leal -19) got into a verbal argument with him, while they were outside. The subject then pulled out a gun began shooting at Mendoza. Mendoza ran back into the apartment and shut the door. Mendoza was hit in the left arm but the bullet traveled into his body and lodge in his lung. He was transported to Valley Regional Medical Center, where he is under going surgery and in critical condition. Amy Mendoza and the party goers identified the shooter as Bruno Leal from 804 Pinemore Drive in Brownsville. Bruno Leal was arrested at his residence without incident at around 11:45am today and is now at the Brownsville City Jail. He will be arraigned tomorrow via video arraignment.PREVIOUS ARREST FOR LEAL

WITH THE MAY ELECTIONS AROUND THE CORNER, WHAT SHOULD WE BE LOOKING FOR IN CANDIDATES?

I think there is little doubt unless the law requires the mayor to resign after indictment, Pat Almighty will stick this out until he has no choice but to resign or be thrown out via a recall. This is sad because if he would simply resign now, we might be able to still have a special election during the regular May elections. To know Pat Almighty, it means nothing to him how much a special election outside of the regular municipal elections might cost the taxpayers.

Brownsville has three levels of representation within its city government. The mayor, commissioners at large, and commissioners who represent a specific district within Brownsville. Each of these three levels of representation have different purposes.

I want to begin with the latter first - the commissioners who represent districts. These commissioners should have their primary focus on the districts they represent. They are more community oriented commissioners. Their job is working to improve the quality of life not throughout Brownsville, but in their district. These means little things like cleaning graffiti, keeping alleys clean, keeping trees around electric lines trimmed, insuring adequate police patrols in the districts. You get the idea.

What I am suggesting is, when selecting someone to run for the Brownsville city commissioner at a district level, make sure you choose someone with a strong history of being in the community and working towards a better quality of life for the people in the community. You should be leery of people who come in and make promises to fix everything in Brownsville, or want to take the lead on major city wide projects. This is not their primary job.

The secondary job of these district commissioners if to address issues which are Brownsville wide, and insuring that the city government is serving the needs of the community. This is in contrast to the commissioners at large who should be focusing on the larger issues facing Brownsville. They represent the entire city and not just a mere section of the city. They however, are not the spokesperson for the city.

In looking for a candidate for an at large position we should be looking for someone who understands they are to provide leadership in terms of a vision for all of Brownsville. They should not be overly involved in specific complaints by citizens, although if they receive one they should respond accordingly.

This brings us to the mayor. The mayor and only the mayor is the spokesperson for the city. A competent mayor should be able to unite all of the commissioners for the good of the community. When the mayor fails to do same, the mayor fails as a mayor.

In searching for a mayor people should be looking for someone who can unite the community, and who has a vision for the future of Brownsville. The candidate should have a goal of 3-4 major goals for the city. Anything more than 3-4 major projects will insure the mayor fails. It should be the commissioners which bring forward the lesser issues for resolution and planning by the commission as an entity.

My four major issues would be a new airport, convention center, the Weir Dam, and redevelopment of downtown.

The commissioners at the district level should be focused on bringing about redevelopment of their neighborhoods. They have failed the community on this issue. If they would simply raise impact fees to at least $4,000.00, this would force people to buy existing homes and remodel them, as opposed to buying new construction.

This simple act of raising impact fees would bring a renaissance to the older neighborhoods, and as a consequence a better quality of life, and increased property taxes for the city. It is sad the commissioners do not see the value in a policy which promotes fairness by charging the developers for the impact the new construction has on the community, and naturally makes existing housing a better choice for new home buyers.

THE MAYOR’S CHECK SCAM

As we are learning this morning the FBI is declining the case for now because the sum is not high enough to justify their time. This does not mean they cannot come in latter and charge the mayor if they conclude the DA failed to do his job. That option will always be there. For now though it is highly unlikely Pat Almighty’s lawyer can secure a letter of non-prosecution from the office of the US Attorney, unless the US Attorney is happy with the result at the state level.

The other day I learned something I did not know. Brownsville is in the Southern District of Texas. San Antonio is in the Western District of Texas. (The foregoing I knew) For reasons I do not know, for FBI purposes Brownsville is under San Antonio, but the US Attorneys which prosecutes the case would be from the Southern District. This might explain why so little is done about the corruption in Cameron County.

WHY HAS THE MAYOR NOT BEEN ARRESTED OR INDICTED?

I’ve been debating all day what to talk about today - I am kind of burned out on BISD. While working on the grand jury referral on Wednesday I was thinking - are they in their debating the Mayor’s future?

Here is the bigger question - if you are I took a check from the city for $26,000.00, not payable to me or you and deposited it into our business accounts, and the teller ID us as the person who made the deposit what would happen? We would be arrested, and released on bail pending a grand jury. But this is Brownsville where the DA has his special rules for politicos.

I am confused. When Sorry Charlie Atkinson was arrested for DWI "District Attorney Armando Villalobos recused himself and his office from prosecuting the case this month, citing a close relationship with the City Commission."

http://www.brownsvilleherald.com/news/atkinson_83896___article.html/mcdonald_case.html
Why has District Attorney Villalobos not recused himself from this far more serious criminal case?

The only good news is, the US Attorney can still prosecute if Villalobos tries to play games and get the grand jury to no bill the case.

I think Chief Garcia said it best in Thursday’s Herald. ""But there is no mistake as to who deposited the check . . . none whatsoever. Everybody needs to focus. The most important part is what was done with the check," Garcia said."

Villalobos’ failure to seek the arrest of the mayor based on the eyewitness testimony of the bank teller only empowers his opponents to yell cover-up. Anyone else but a politico would be arrested pending indictment.

I am reprinting the original press release from Chief Garcia

From Chief Garcia

"The summary contained in this media release is based on facts and evidence gathered through the investigation.

On October 22, 2008 the City of Brownsville printed/issued a check in the amount of $26,139.00 to TARSA Technical Industries of New York for services provided to the city. This was the second payment of two scheduled payments.

On October 28, 2008 at about 9:15am, Mr. Larry Brown arrives at Mr. Ahumada’s residence, located at 53 Alan-A- Dale, to pick him up and transport Mr. Ahumada to the airport, later determined to be the Matamoros airport. Mr. Ahumada advises Mr. Brown that he needs to run an errand to the bank and that he will be right back. Mr. Brown waits for him. Mr. Ahumada is observed leaving his house, to the bank, in a black truck.

At approximately 9:30am this check was deposited into Mr. Ahumada’s account at the BBVA Compass bank located at 3255 Boca Chica by Mr. Pat Ahumada himself through the drive thru window. The bank teller, who handled this transaction, recognized Mr. Ahumada through previous bank transactions and positively identified Mr. Ahumada through a photo lineup. The bank teller provided a sworn statement to Brownsville Police Investigators recalling the events of this transaction. The teller remembers the transaction for several reasons. He knows Mr. Ahumada, since he has been a customer of BBVA Compass, formerly Texas State Bank, for numerous years; the amount of the check and such check not being made payable to him; the check was already endorsed and had an account number that was verified by the teller to be that of Mr. Ahumada; the teller proceeded with creating a deposit slip for Mr. Ahumada since he did not provide one at the time, a customer service provided by the bank; and he did not want to question Mr. Ahumada’s integrity as he feared that a complaint would be brought forth against him, since he knows Mr. Ahumada’s character as a person and his reactions. The transaction was finalized. No other checks were submitted for deposit that were part of this transaction. Mr. Ahumada left the drive thru in his black Chevy Avalanche as sworn to by the bank teller. The bank video depicts a black Chevy Avalanche departing the drive thru at approximately 9:33am. The driver of such vehicle cannot be clearly identified thru the video; however the bank teller has provided a sworn statement that he knows Mr. Ahumada drives such vehicle and a motorcycle.

At about 9:45am Mr. Ahumada arrives at his residence and departs with Mr. Larry Brown to the airport (Matamoros). Mr. Brown transports Mr. Ahumada to the Matamoros airport and while on their way there, they stop at a pharmacy in Matamoros at the request of Mr. Ahumada. Mr. Brown has provided BPD investigators with a sworn statement of these events on that day.
On December 2, 2008 Grand Jury Subpoenas were issued and executed to BBVA Security Office in McAllen, Texas for bank records pertaining to Mr. Ahumada’s account.

On December 15, 2008 late in the afternoon BPD investigators officially receive the bank records and video for Mr. Ahumada’s account from BBVA Compass.

On December 16, 2007, late in the evening, I called Mr. Ahumada and advised him that BPD investigators were ready to interview him. Arrangements were made for him to come in at 9:00am on December 17, 2008.

On December 17, 2008 at 8:30am Mr. Ahumada calls me and advises me that he is running late and will be here by 9:30am. I advise him that this is not a problem and that the investigators will wait for him. Mr. Ahumada provided a sworn and signed statement which contradicted with the facts and evidence collected by BPD investigators. He was advised of this and disagreed with the investigators.

On December 17, 2008 late in the afternoon, we are notified by the finance department that on this date the city’s account has been credited with the amount of $26,139.00. This is contrary to what Mr. Ahumada had been stating, that the city had already been credited for the amount of the check.

We are still investigating the circumstances as to how the check resulted in the hands of Mr. Ahumada.

We are still continuing this investigation and the final results will be forwarded to the Cameron County District Attorney for their review with a recommendation that the results be presented to a grand jury to determine what charges, if any will be brought forth against Mr. Ahumada. The local FBI office has been authorized to review this case and will be provided with a copy of the final investigation. Any final determination as to the jurisdiction for the prosecution, if any will be a matter for discussion and decision between the District Attorney and the United States Attorney’s Office. "

BISD SEEKS DISMISSAL OF RENDON LAWSUIT

BISD has file a Plea to the Jurisdiction seeking dismissal of the Rendon lawsuit. This means that if the Plea is granted the lawsuit is over and Rendon must appeal. If the Plea is denied, BISD can take an immediate appeal.

They also filed something else. I was in a rush and did not have time to wait for the clerk to pull the file. All I know is it said "Leave" it could have been "Leave" to separate that part of the lawsuit which does not apply to the Plea to the Jurisdiction.

RE: Request for Criminal Investigation BISD - Part Two

Chief Garcia, BPD
FBI Field Office, 1700 Paredes Line Rd
Brownsville, Texas 78520

Via Hand Delivery

Dear Gentlemen:

The enclosed grand jury referral filed with the Honorable Judge Cornejo-Lopez speaks to the alleged criminal acts.

When identical claims surfaced with a school district in Hidalgo County the FBI investigate and prosecuted the wrongdoers.

I do not know if anything is true or false in Mr. Juarez’s lawsuit and sworn to statements. What I do know is he only mentions former Board Member Otis Powers by name in terms of a bribe. He does allege contract rigging in terms of other Board Members but does not mention their names.
The appearance is, Mr. Juarez is saying, I will name names if I have to, but for now I am only naming the one person who cannot vote to protect my job.

If these claims are true related to bribes and contract rigging, each of you have a duty to seek prosecution of the alleged wrongdoers.

I am filing this complaint only in my capacity as a concerned citizen.

Sincerely,

Bobby Wightman-Cervantes
xc: Judge Cornejo-Lopez

FORMAL CRIMINAL COMPLAINT TO GRAND JURY, CHIEF GARCIA, AND FBI: RE BISD

January 21, 2009

RE: GRAND JURY REFERRAL
The Honorable Judge Elia Cornejo-Lopez:
Judge 404th Judicial District Court
Cameron, County, Texas
Brownsville, Texas 78520

xc:
Chief Garcia, BPD
FBI Field Office 1700 Paredes Line Rd.

Via Hand Delivery

Dear Judge Cornejo-Lopez:

As a resident of Cameron County, I am exercising my right to ask that you forward my grand jury referral onto the grand jury. According to the Office of the DA, you are the presiding judge over the current grand jury.

In the enclosed lawsuit, Antonio Juarez alleges the following:

"Complainant alleges that a former Board member, Otis Powers, received a bribe, on behalf of Kent Whittemore, to help influence the outcome of the grievance."

"The Board of Trustees had conspired in the manipulation of the bidding procedures, in order to aid ING in obtaining the contract." ("basic life and stop loss insurance")

Also alleged: "The majority board members coerced the Superintendent to obtain Complainant’s resignation. " As the lawsuit explains this was in regards to Mr. Juarez’s alleged refusal to participate in the contract rigging.

Each of these statements were sworn to. When similar charges came to light in a school district in Hidalgo County Board Members were prosecuted.

The grand jury has the legal authority to initiate their own investigation independent of any request by the DA.

It is my request that you as the presiding judge over the grand jury, deliver my referral to the grand jury.

I am formally asking that Chief Garcia of the PDB and the FBI initiate criminal investigations along the same lines.

Sincerely,

Bobby Wightman-Cervantes
xc:

Chief Garcia, BPD
FBI Field Office 1700 Paredes Line Rd.
file

OTIS POWERS ACCUSED OF RECEIVING A BRIBE, ON BEHALF OF KENT WHITTEMORE and a word on SORRY CHARLIE ATKINSON

Antonio Juarez, former CFO BISD in his lawsuit against BISD states the following under oath:

"Complainant alleges that a former Board member, Otis Powers, received a bribe, on behalf of Kent Whittemore, to help influence the outcome of the grievance."

(I have no idea what the above means - from my perspective it is incoherent)

He also states under oath that " The Board of Trustees had conspired in the manipulation of the bidding procedures, in order to aid ING in obtaining the contract." ("basic life and stop loss insurance")

Also alleged: "The majority board members coerced the Superintendent to obtain Complainant’s resignation. "

Antonio Juarez swore an affidavit to the above.

I am assuming the lawsuit was removed to federal court because Mr. Juarez alleged federal constitutional violations.

The lawsuit alleges bribes and contract rigging. This matter should have been referred to the DA, FBI, and BPD. These are serious charges. I am taking the lawsuit to each of the above agencies asking that they immediately meet with Antonio Juarez, secure the evidence, and bring charges as required by law.

I do not know what is true or false. I do know this, that if Mr. Juarez believes that Hector Gonzales was a party to the cover-up, then he should be fired for not filing a complaint against Mr. Gonzales. He cannot have it both ways by saying Hector Gonzales fired him under pressure related to the contract rigging, and then say it is wrong to file a complaint against Hector Gonzales.

I am compelled to ask, why does the "Most Honorable Juarez" only mention Powers by name? Answer, Powers is no longer on the Board. It is almost as if Juarez is saying to the Board, "I will name names, so proceed with caution." Well Mr. Juarez, you will name names to a grand jury and if you cannot you may get charged with perjury.

The good news is, this is now in federal court. The game playing which was allowed under Ben Euresti in the Rendon case will never be tolerated by a federal judge.

If it is found that Antonio Juarez’s claims are unfounded he needs to be charged with perjury. If the BPD, DA, or FBI find the claims to have merit, then each and every Board Member past or present party to these alleged wrongdoings need to be prosecuted to the fullest extent of the law.

I just read in the Herald the Board dropped the investigation into Special Services until February. I find it interesting Ben Neece claims influence peddling by Board Members and they drop a hearing against his client. This is why the DA, Grand Jury, BPD, and FBI need to investigate.

These claims against his clients cannot be dropped because Ben Neece is claiming criminal wrongdoing by Board Members. The perception would be blackmail.

Further I am concerned that in the Juarez lawsuit Ben Neece has claimed wrongdoing by attorneys at Walsh, Anderson. Walsh Anderson needs to be removed from representing BISD. The perception is by not seeking a slam dunk mandamus to end the Rendon lawsuit and now this agreement to delay the investigation into Special Services until February Ben Neece is controlling Walsh, Anderson. You have Ben Neece as the fox guarding the hen house (Walsh, Anderson). Is it any wonder the people are going hungry.

Here is Mr. Powers response as posted to BV last night.

"Thanks for the information. First and foremost, I have not been involved with BISD since the election date of November 04, 2008. During December, Mr. Juarez was re-assigned to the Grant Department by the Superintendent. The Board of Trustees has no authority in stopping the re-assignment uuless Mr. Juarez files a grievance. I will forward this information to my attorney. During my term, I have never been to Mr. Whittemore office or Mr. Whittemore at my office. I have never called any board member or administrations in regards to Kent Whittemore grievance. Mr. Kent Whittmore has always been very professional and honest in his job duties. During my tenure of over ten years, Mr. Whittmore has upheld his job with the utmost integrity. By the way, Mr. Kent Whittmore Level III grievance is being held today on January 20, 2009 at the BISD Regular Board Meeting against Mr. Antonio Juarez former CFO. I am not on the Board and have no vote. I will be attending Antonio Juarez hearing on his lawsuit. I will not be succumbing into any current events happening at BISD. Once again, thank you Bobby for the current events happening at BISD.Herman Otis Powers Jr. "

Also from Mr. Powers, he wants everyone to know he has never accepted Cowboys tickets.

SORRY CHARLIE ATKINSON CANNOT SEEM TO CONTROL HIS MOUTH

This moron is clueless to the fact he lives in the US. Threatening residents with criminal investigations because he does not like their speech is just stupid beyond human comprehension. If the claim is true that people take money in exchange for going to the Commission meetings and speaking out against the Commission, so what - it’s called lobbying. We all know that campaign money never influences Commissioners.

Hey Sorry Charlie - would you know a terrorist at the border if you saw one? Here is a hint - look in the mirror.

Oh, on the pothole, they came by Tuesday about 3 p.m. - they parked the trailer on top of the pothole - and then left without repairing it. I do not want it repaired. It will mean just having to clean tar off of my truck. Assuming closing goes through, I will be moving in a month anyway.

OTIS POWERS DEFENDS AGAINST ACCUSATIONS -

Thanks for the information. First and foremost, I have not been involved with BISD since the election date of November 04, 2008. During December, Mr. Juarez was re-assigned to the Grant Department by the Superintendent. The Board of Trustees has no authority in stopping the re-assignment uuless Mr. Juarez files a grievance. I will forward this information to my attorney. During my term, I have never been to Mr. Whittemore office or Mr. Whittemore at my office. I have never called any board member or administrations in regards to Kent Whittemore grievance. Mr. Kent Whittmore has always been very professional and honest in his job duties. During my tenure of over ten years, Mr. Whittmore has upheld his job with the utmost integrity. By the way, Mr. Kent Whittmore Level III grievance is being held today on January 20, 2009 at the BISD Regular Board Meeting against Mr. Antonio Juarez former CFO. I am not on the Board and have no vote. I will be attending Antonio Juarez hearing on his lawsuit. I will not be succumbing into any current events happening at BISD. Once again, thank you Bobby for the current events happening at BISD.Herman Otis Powers Jr.

OTIS POWERS ACCUSED OF RECEIVING A BRIBE, ON BEHALF OF KENT WHITTEMORE

Antonio Juarez, former CFO BISD in his lawsuit against BISD states the following under oath:

"Complainant alleges that a former Board member, Otis Powers, received a bribe, on behalf of Kent Whittemore, to help influence the outcome of the grievance."

Antonio Juarez swore an affidavit to the above.

To be honest, I am not sure what the statement means. Did someone give it to Powers and then he gave it to Whittemore, or did Whittemore give it to Powers? I have no idea.

The lawsuit has been removed to federal court.

More tomorrow on my criminal complaint to the grand jury and the BPD.

Mr. Powers and defense you may have will be posted by BV unedited.

WITH PRESIDENT OBAMA NOW A REALITY WE SHOULD REFLECT ON HOW FAR WE HAVE COME

Some days need to be days of peace and reflection. With the BISD mess, somehow I think there will be breaking news. At least until after the inaugural, I want to keep it simple. Today all Americans should be grateful that once again we prove that as a nation we can peacefully transfer power from one president to the next. As Americans we should be proud that we finally have overcome the racial divide. Racism still exists, but it no longer rules us as a nation.

I want you to read the news excerpt I posted below while watching this video. We have come a long way since 1974. I had hoped to find a video of the actual attacks on the buses. This is what has stayed in my mind since 1974. This is the best I could do. I just thought as we experience this moment in history, we should think about how far we have come in 35 years.

Most news services on the internet will have live coverage of the inaugural. You can watch it from your desk if you so choose.

There will be afternoon posts. After the inaugural I will be at the courthouse pulling lawsuits and meeting with a source. For now, just enjoy the morning and today in history.

September 12, 1974

Violence in Boston over racial busing

In Boston, Massachusetts, opposition to court-ordered school "busing" turns violent on the opening day of classes. School buses carrying African American children were pelted with eggs, bricks, and bottles, and police in combat gear fought to control angry white protesters besieging the schools.

http://www.history.com/this-day-in-history.do?action=tdihArticleCategory&id=5340.

Personal note - my favorite readers are those who take the time to think about what I am saying. think for yourself - if you feel like my post is incomplete try and do some research on your own and add to the discussion. Never accept my words as gospel

My point - in a million years I would never have predicted my readership would hit its current levels. Thanks for all of the support. Just remember I like the readers who take me to task on facts or analysis - these are the readers who add depth to my posts. Without the readers who challenge me, the BV is just one sided and does not work.

Again thanks

Remember if you like BV, e-mail your friends.

CITY COMMISSION DOES SOMETHING RIGHT

The following is on Tuesday’s Agenda

2 A. City Commissioners’ reply to past public comments. (Commissioners C.A. Cisneros & C. Atkinson)

This is in response to concerns that people are making false or misinformed statements during the public comments period. The Commission has a duty to correct misstatements of facts. Now lets see if they can do it in a professional manner without making it personal.

This is a good thing. I hope the Commissioners will keep it professional so that the people do not receive it as the Commissioners being unprofessional. An example of how it should be done is, "last week it was represented during the public comments period that it cost xyz dollars for abc. The fact is it only cost rsq dollars." In this format you have a correction without it being personal. If they start naming names, it will turn personal and no one will be happy, and the Commissioners will come off as petty. How they handle this will set the tone for the entire meeting.

For now lets say, job well done. Let’s see if they can keep it that way.

SALDAÑA AND THE DELAY TACTIC WHICH INCREASES ATTORNEYS FEES

These are excerpts from a letter by the Texas OAG to BISD Attorney Saldana. It speaks to his incompetence and use of delay tactics which increases attorney fees. Whether it is BISD or the City of Brownsville they do not want to hire competent counsel. They are looking for someone who will provide them cover under the guise of legal advice. I can assure you everyone applying for the position of City Attorney is turning over the key to their chastity belt as proof they will do whatever is asked of them.

"Although you raise section 552.101 of the Government Code in conjunction with rule 192.3, this office has concluded that section 552.101 does not encompass discovery privileges. See Open Records Decision Nos. 676 at 1-2 (2002), 575 at 2 (1990). Thus, we will not address your claim that the submitted information is confidential under section 552.101 in conjunction with rule 192.3."

"Next, we note that the United States Department of Education Family Policy Compliance
Office (the "DOE") has informed this office that the Family Education Rights and Privacy
Act ("FERPA"), section 1232g of title 20 of the United States Code, does not permit state
and local educational authorities to disclose to this office, without parental consent,
unredacted, personally identifiable information contained in education records for the
purposes of our review in the open records ruling process under the Act"

http://www.oag.state.tx.us/opinions/openrecords/50abbott/orl/2008/pdf/OR200800179.pdf

BISD UPDATE

Attorneys Fees.

Merovigian posted the following at the Herald - it gives you an insight to the entire attorneys fees con

http://www.keepeanesinformed.com/private_lawfirms.htm

BISD may seek Mandamus

I have independent confirmation from inside BISD that Saldana has been ordered to review a mandamus option

BISD BOARD CELEBRATES PUBLIC LYNCHING AFTER WINNING RACIST OF THE YEAR AWARD - AND THE GRAND JURY - NOW IT IS EVERY MAN FOR HIMSELF

A BREAKING NEWS QUESTION: Someone in a position of authority through his negligence provides a place on campus wherein students can have sex. Should he be fired or just written up? At BISD the Board believes such conduct is not a basis for discharge.

First a side note. The other day I complained about Santana Torres doing some type life extension work on the streets in my neighborhood. I noted they left the potholes in place. Well, they came and repaired the potholes. The sealer is now below the pothole repair. So why continue the story? Every pothole, but the one in front of my driveway was repaired. Sorry Charlie Atkinson, and Santana Torres must get extreme joy out of their pettiness.

http://brownsvillevoice.blogspot.com/2009/01/santana-torres-celebrates-incompetence.html

THE DR. KING AFFAIR

Monday is Dr. Martin Luther King’s birthday holiday. Many of you think that because your children have the day off the school district is finally celebrating Dr. King’s birthday. WRONG. They are celebrating their bigotry. The day off is a Teachers’ Preparation Day.

On Tuesday, the country will celebrate its greatness by once again proving it can transfer power from one president to the next in a peaceful manner. We as a people will also be celebrating the inauguration of the first black president. These disgusting vile pigs who oversee BISD, the Board, just cannot bring themselves to accept the greatness of Dr. King’s message. What message is being sent to our children, that as the nation celebrates its first black president, Brownsville, Texas remains defiant (or deviant) in celebrating the greatness of Dr. King? How do the child abusing pig BISD Board Members look themselves in the face in the morning? What the fuck is wrong with these people?

The BISD Board is so corrupt to a person, one must ask if the chronic filth which soaks their hands has left their brains infected with worms. (See Sunday video) I am currently investigating a claim by a former administrator that he fell out of grace with the board member Paddy Wagon Lehmann after he refused to speak with a vendor to whom Paddy Wagon Lehmann wanted to assign the SHARS contract. None of this is new. My regulars remember I opposed Eliceo Muñoz, in part, because he was openly negotiating a contract for BISD to buy a warehouse out at the airport.

THE JUAREZ AFFAIR

"Attorneys for Antonio Juarez, a former BISD chief financial officer, on Friday filed a lawsuit alleging a conspiracy by former and current school board members to coerce his participation in the "manipulation of the bidding procedures" used to award a district basic life and stop-loss insurance contract."

Juarez alleges,"Brownsville Independent School District Board of Trustees coerced Superintendent Hector Gonzales to obtain Juarez's resignation."

So here is the kicker, Juarez alleges Superintendent Gonzales forced his resignation because he would not participate in the scam. Then in an act of disbelief, he claims the Board will fire him because he is refusing to file a complaint against Superintendent Gonzales for forcing him to resign from the CFO position because he refused to participate in the contract scam.

http://www.brownsvilleherald.com/news/juarez_93744___article.html/lawsuit_board.html

Now here is what really happened. Juarez probably complained that he was forced out by Gonzales as he alleges. Someone, a Board Member or Saldana probably told him that he needed to file a grievance against Gonzales and that if he won he may get his job back as the CFO. This is what we would expect of a Board Member or Saldana. There is nothing wrong in this.

My question is, if a Board Member was party to this contract scam, why would that same Board Member demand that Juarez file a grievance against the Board Member’s alleged coconspirator?
Something is profoundly wrong. Ben Neece has either lost his mind, or he is really representing someone else behind the scenes. He is actually alleging a criminal conspiracy. Why has he not reported the evidence and claims to a grand jury through a grand jury referral or the DA?

Answer

"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. " This was Lehmann’s response to Cortez’s request for an investigation into the La pampa Affair.

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

Who is Ben Neece really protecting? On Tuesday I will take a copy of the Juarez lawsuit and attach it to a grand jury referral. I will ask that Judge Janet Leal send same to the grand jury as a grand jury referral, which is the right of every Texas citizen. Juarez is alleging criminal conduct.

I am assuming Judge Leal will follow the law and refer same to the grand jury for investigation. It is common knowledge at the courthouse that Judge Magdalia Lopez is waiting to learn if the Commission on Judicial Conduct will formally open proceedings against her related to her failure to meet her judicial duties as related to my grand jury referral on the La Pampa Affair. They are also looking into the grand jury abuses which were alleged in the Juan Guerra indictment against Judge Lopez.

The people of Texas have the right to refer matters to the grand jury. This right becomes meaningless if the judges are unwilling to forward the referrals to the grand jury. The grand jury referral is the most powerful weapon the people have against public corruption, especially when they have a hopelessly corrupt district attorney.

Based on the claims in the Juarez lawsuit I will ask that BPD Chief Garcia and the FBI open a formal investigation. They need to immediately swear Antonio Juarez to his allegations. Ben Neece as a Municipal Judge certainly had a duty to file for a criminal complaint based on his client’s allegations.

BRINGING THIS TO AN END

The BISD Board needs to remember how Peter Zavaletta with an open for business sign hanging from his ass, threw De Leon under the bus. They also need to remember this from Paddy Wagon Lehmann, ""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. "

Who will squeal first to save their ass? This Board cannot fire Rendon with any level of credibility, unless they also fire Saldana. He is the BISD attorney whose advice is getting BISD sued. Where was Saldana while all of this excessive billing was ongoing? It is his job to protect the taxpayers on this issue. He failed. Will he demand that a mandamus be filed to stop the Rendon lawsuit? Probably not - he is clueless. Every law firm knows that so long as Saldana is in charge they can submit all of the fraudulent billing they want with impunity.

If BISD fails to take a mandamus against Judge Euresti for his illegal ex parte TRO against BISD if is fair to say some of the board members are expecting a kickback from the law firm which will be needlessly billing BISD for a temporary injunction hearing. For all practical purposes the Rendon lawsuit can end Tuesday. It will not because the lawyers have yet to earn enough for a new sports car.

The taxpayers can fight back if there is just one honest lawyer in town. I will prepare the mandamus. They will file it on behalf of the taxpayers. Because I rent, I may not have standing. We ask the Court of Appeals to immediately void the TRO. With any luck they will demand a response from the Real Parties in Interest and issue a Stay of the TRO. This will end the endless attorneys fees.

For the record the TRO issued individually against, Colunga, Cortez, Zayas, and Aguilar. Any of these men can bypass BISD and file the mandamus individually. Zayas is a lawyer. He can file the mandamus at 8:00 a.m. Tuesday morning. I can guarantee, assuming there is a judge in the Edinburg office, the Stay of the TRO will issue by 8:30 a.m.

When it is all done and over BISD needs to make clear it will execute on the judgment against Rendon for the attorneys’ fees incurred. They then need to fire his ass. Rendon is so stupid he fails to realize that because of the way Ben Neece plead the lawsuit he could easily get hit with a $100,000.00 judgment for attorneys fees.

My hope at this point is at least one Board Member will call the FBI and state and in exchange for immunity squeal. It is time this entire Board, Gonzales, Saldana, Rendon, and Juarez be sent packing . The best face I can put on the Juarez lawsuit is, he knew about illegal conduct related to a contract and failed to report it. This alone is a basis to fire him.

Who wants to bet Lehmann will be the first to squeal? The pathetic school yard bully is always the first to squeal.

THE REPORT

BISD paid for a cut and paste report by "Special Workshops and Consulting, L.L.C. , Dr. Cheryl Fielding and Terry Overton. I do not know for sure who else worked on this report which is in many ways a cut and paste report. Parts of the report include incomplete sentences where findings were left out. What I do know for sure is, Dr. Fielding has worked with Lead BISD LSSP Roman Garcia de Alba. I also know for sure she has worked with Terry Overton Differential Diagnosis of Hispanic Bilingual Children Referred for Autism Spectrum Disorders Queen Anne Parlor Cheryl Fielding, Terry Overton, and Roman Garcia de Alba

http://www.unr.edu/educ/ceds/conf_agenda_2007.pdf

Who are Terry Overton and Roman Garcia de Alba? They are the two who were sanctioned in October by a Texas State Board.

In October 2008, Dr. Roman Garcia de Alba. Lead Licensed Special in School Psychology under Art Rendon, BISD, received the following sanctions from the Texas State Board of Examiners.

Complaint: Respondent failed to properly identify himself as a supervisee andfailed to identify his supervisor in public statements.Sanction: Respondent was assessed an administrative penalty of $1,500.00 andmust obtain six (6) hours of continuing education in ethics.http://www.tsbep.state.tx.us/documents/NL-Winter2009.pdf

Another sanction from October 2008 is tied to Terry P. Overton, Ed.D., Licensed Specialist in School Psychology (McAllen) (He teaches ethics at UTPA’S College of Education)Complaint: Respondent provided supervision to a person without adequatedocumentation, and did not ensure that the supervisee identified himself as such.Sanction: Respondent was assessed an administrative penalty of $1,500.00 andmust obtain six (6) hours of continuing education in ethics.

http://www.tsbep.state.tx.us/documents/NL-Winter2009.pdf

http://brownsvillevoice.blogspot.com/2009/01/bisd-hector-gonzales-and-art-rendon.html

The company which generated this report was formed in January 2007. They were then hired to generate the report. Roman Garcia de Alba was then hired to be the Lead LSSP at BISD, although he was not legally then, nor now, qualified to supervise other new LSSP’s.

The report was then used as part of a complaint against another LSSP moved around by Art Rendon. That LSSP was cleared of wrongdoing by the same Board which sanctioned Art Rendon’s boy-toy, Roman Garcia de Alba and Overton.

Of note, in the report used against a BISD LSSP, Fielding and Overton used standards from the National Association of School Psychologists. Only one problem, these standards are not used in Texas. Psychologists’ Licencing Act and Rules and Regulations of the Texas State Board of Examiners of Psychologists expressly provides the NASP rules are not used by Texas psychologists.

It is time to investigate the influence peddling which got this report generated.

Will anyone enter stage left to protect the taxpayers? No, there are just too many attorneys waiting for the handouts being offered by Saldana.

We need to find out how much has been paid to Cheryl Fielding and Terry Overton by BISD, since their report helped Roman Garcia de Alba secure his job as Lead LSSP. My limited information to date shows it at over $29,525.00

Ms. Fielding’s professional resume shows a long history of collaboration with Roman Garcia de Alba, and Terry Overton

http://www.utpa.edu/dept/educpsych/fielding.pdf

THE FILTH WHICH IS BISD BOARD MEMBERS HANDS HAS CONSEQUENCES

SUNDAY'S SALES CIRCULARS

DEFIANCE

Daniel Craig delivered a credible performance. While I enjoyed the film, as a history buff, the direction of the story was lacking. Most Holocaust films are the same - death camps. What I liked about this film was Russian Jews decided to not just go to their death. They decided to fight back.

It begins with a small family group hiding in the forest. Over time more and more Russian Jews escape to the forest and they become a community. The story includes those who seek to divide the group for their own power.

A second social aspect is the divide between the peasant jews and the intellectuals. There are multiple levels of bigotry from all directions.

In the end I liked the film because they fought back and won. It is sad we a Americans prefer to play to role of victim when it comes to our politicos, rather than fight back.

OH I FORGOT - SOMETHING NEW FOR SUNDAY SO YOU NO LONGER NEED THE HERALD

BISD UPDATE - JUDGE BEN EURESTI PROVES AGAIN HE WOULD SIGN HIS OWN DEATH WARRANT

People need to understand the last defense we the people have against tyranny is the judiciary. Ben Euresti has a habit of signing just about anything without due consideration for the law. I have seen orders signed by Judge Euresti taking away a father’s rights although the father was never sued on the issue, and no trial or hearing ever occurred on the issue. Every unethical lawyer in town knows Judge Ben Euresti will sign just about anything you put before him.

To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002); Fox v. Tropical Warehouses, Inc., 121 S.W.3d 853, 857 (Tex. App.—Fort Worth 2003, no pet.). A probable right of recovery is shown by alleging a cause of action and presenting evidence tending to sustain it. Fox, 121 S.W.3d at 857; Miller Paper Co. v. Roberts Paper Co., 901 S.W.2d 593, 597 (Tex. App.—Amarillo 1995, no writ). An injury is irreparable if damages would not adequately compensate the injured party or if they cannot be measured by any certain pecuniary standard. Butnaru, 84 S.W.3d at 204; Fox; 121 S.W.3d at 857; see T-N-T Motorsports, Inc. v. Hennessey Motorsports, Inc., 965 S.W.2d 18, 24 (Tex. App.—Houston [1st Dist.] 1998, pet. dism'd).

"Although the specific damages sustained from defamation and business disparagement-related activity is often difficult to measure, it is nonetheless well established that this type of harm does not rise to the level necessary for the prior restraint to withstand constitutional scrutiny."Brammer v. KB Home Lone Star, 114 S.W.3rd 101, 107 (Tex. App. – Austin 2003)

It is unclear whether or not Judge Euresti enjoined defamatory speech. The part of the order which summarizes the enjoined activities includes speech, but the actual command part of the order does not. The gravamen part of the defamation claim relates to an Executive Session review of Art Rendon’s services at BISD. The claims are on a DVD Exhibit "C". In addition to there being no admissible affidavit to the lawsuit, the DVD was not authenticated. This means no evidence to support the TRO was filed with the court. The sin qua non to a TRO.

An employer has a conditional or qualified privilege that attaches to communications made in the course of an investigation following a report of employee wrongdoing. Randall's Food Mkts., Inc. v. Johnson,891 S.W.2d 640, 646 (Tex.1995). The privilege remains intact as long as communications pass only to persons having an interest or duty in the matter to which the communications relate. Id.Further, common law official immunity is based on the need for public officials to act in the public interest with confidence and without the hesitation that could be caused by subjecting them to litigation. Ballantyne v. Champion Builders, Inc., 144 S.W.3d 417, 424 (Tex.2004). Official immunity is an affirmative defense that protects government employees in their individual capacities from liability related to the performance of discretionary duties if the actions are within the scope of the employee's authority and are performed in good faith. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994).

The reason you cannot get a TRO against being fired or breach of contract is you have a remedy. If you are improperly fired you can get back pay as damages, and if your employment is incident to contract you can secure specific performance. "An injury is irreparable if damages would not adequately compensate the injured party or if they cannot be measured by any certain pecuniary standard.’

Judge Ben Euresti simply ignored well established rules of law and evidence. When a judge goes unpunished for this it becomes a sanction for tyranny. So long as Judge Ben Euresti remains on the bench, justice is not an option in Cameron County.

What really has me mad is, BISD’s attorneys will drag this out to increase their billing rather than seek a mandamus which would require no more than two hours of work. To prepare for and appear at the temporary injunction hearing will cost BISD about 25 hours of needless billing.
Here is the kicker, the very Board Members who will authorize this fraudulent billing on BISD are complaining Art Rendon needlessly cost the district excessive attorney’s fees because of his mismanagement.

It is all politics from both sides. The children and taxpayers mean nothing to any of the Board Members. Scum of the earth -each and every one of them.

HERALD ON NEWSWORTHINESS - NOT WHEN WE LOOSE

Today is a day with a lot of short posts- something for everyone.

On December 17, 2008, the Brownsville Herald appealed an adverse ruling in the Zavaletta defamation lawsuit. I have not seen the subject order so I cannot comment. Did I miss this in the Herald, or did they just choose not to report it.

JUAN GUERRA’S FINAL HURRAH DISMISSED BY THE COURT OF APPEALS AS MOOT

Sorry for so many posts today.

"Relator's petition presents issues that are important to the jurisprudence of the state and that merit serious consideration. Had Relator filed in a timely fashion, this Court could have acted on the petition. (2) However, Relator's delay in filing his mandamus petition made it impossible for this Court to take timely, effective action. Tex. R. App. P. 52.8(b) (before granting mandamus relief, Court must request a response to the petition); id. 52.8(d) (when granting relief, the Court must hand down a written opinion as in any other case). Specifically, this matter has been rendered moot by the passage of time and the electoral process. See, e.g., Correa v. First Court of Appeals, 795 S.W.2d 704, 705 (Tex. 1990) (orig. proceeding)."

I met with Juan Guerra on November 25,2008. I subsequently forwarded all of the case law he needed to get an immediate stay of Judge Banales order removing him from the case. As the Court of Appeals notes, he waited until the 11th hour to seek relief.

He had the win, ""Relator's petition presents issues that are important to the jurisprudence of the state and that merit serious consideration.’ He just did not have the competence.

It is sad BISD’s lawyers are taking the same path. A mandamus is not hard. I could prepare the mandamus in the BISD case in less than an hour (for free), with both of my arms wrapped in bandages. This is assuming Judge Euresti in fact enjoined defamatory speech.

The people of Brownsville respond to BISD and the City of Brownsville every time they hear Susquehanna Hat Company

It is anyone’s guess what will happen at BISD tonight. I will probably not report on it until tomorrow, unless a reliable source calls me or sends something. I have a date with Daniel Craig tonight, so I will be busy.

My sources at BISD are drying-up, and I do not expect help from the Board. Colunga is mad at me for pointing out the conflict of interests he has between himself and BISD, and his son. Zayas is mad at me because he is a weasel (he knows why). We all know Presas-Garcia and Pena love me so much they call out my name when they kneel at the pew. You get my drift.

BISD needs to be taken over by the TEA or federal courts. Getting rid of Gonzales and Rendon will be a good start. But the problems at BISD are deeper than these two men. There must be a total and complete house-cleaning, which includes their incompetent lawyers.

PRESAS-GARCIA GOES SNOT-NOSED

Last year BISD was sanctioned by the TEA for violating the rights of a Special Education student. The other day they messed-up with the same child again by failing to attend a meeting. I asked the Board to look into it, given the ongoing problems with Art Rendon in Special Services.

This is Ms.Presas-Garcia's snot-nosed response. This is professionalism and English BISD style.

"As Board Members were are not to Micro Manage however, I will forward to proper administration for a response. Mr. Wightman you must not have a job you tend to spend a lot of time e-mails. I sure wish I had your time in my hands. God Bless Us All...................."

Bad grammar and a typical phony BS Christian.

My response:

Ms Presas Garcia it is not about mico-managing - it is the fact you have this child who got BISD sanctioned last year and BISD appears to have dropped the ball again.

For the record I work, I just manage my time.

Does her response tell you she is about being a snot-nosed "B" or is about the children?

THE ART OF POLITICS IS MANIPULATING PEOPLE USING THEIR FEARS AND MYTHS

BUT FIRST A WORD ON BISD:

The Herald is reporting that Judge Euresti has enjoined BISD from defaming Art Rendon. Because I must assume Judge Euresti is not totally contemptuous of the law, I am assuming the article is wrong, at least on the speech issue.

The Texas Constitution: "Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press."

Here is just a sampling of the emergency orders against judges who have been mandamused by appellate courts for enjoining speech. Davenport v. Garcia, 834 S.W.2d 4, 5-7 (Tex.1992); Cyndee GRIGSBY et al. Relators, v. The Honorable B.F. COKER, Judge, 904 S.W.2d 619 (Tex. 1995); In re STATE FARM LLOYDS, Relator.254 S.W.3d 632 (Tex.App.-Dallas 2008); 238 S.W.3d In re Ashley Paige BENTON, Relator 587 (Tex.App.--Houston (14th Dist.) 2007); In re HEARST NEWSPAPERS PARTNERSHIP, L.P. and Galveston County Daily News, Relators, 241 S.W.3d 190 (Tex.App.—Houston [1st Dist.] 2007); In re Anthony Charles GRAVES 217 S.W.3d 744 (Tex.App.—Waco 2007)

THE ECONOMY:

It is fair to say the economy is in full collapse. OPEC has done everything it can to raise the price of oil, but it still remains around $37.00 a barrel. Reports have overall retail sales down about 9.8% from a year ago. Nothing seems to be working.

Some people are calling the bailouts socialism. This is an example of how just bad education has become in the US, even at top universities. A true socialist opposes the bailouts. Why would a socialist want to bill our grandchildren to save capitalism? Calling the bailouts socialism is like calling a child molester the perfect nanny. We are so ignorant and embracing of ignorance we do not even see it when we are being played for fools.

The bailouts are the last ditch attempts at capitalism. Capitalism has outlived its usefulness. It is time to let the old horse die. I say not another penny in bailouts.

Lou Dobbs for years has pushed for deporting all undocumented workers. He plays on ignorance. How does deporting 10 million people promote more consumer spending?

I want you to think about the crash of our economy, which began with sub-prime mortgages held by undocumented workers, and then ballooned out of control when you read what I wrote in October 2006.

Here are the questions Lou Dobbs will not answer because to answer the questions with any sense of honesty causes for a fair resolution to the undocumented workers problem. Something Lou Dobbs opposes.

Who will pay the child support of the deported worker who is currently paying child support?
Who will raise the children of these workers when they choose to turn their American born children over to the state rather than take them back to extreme poverty?

Who will pay the 100's of millions in credit card debt which will not be paid when we deport these workers?

Who will pay the mortgages on the 100's of thousands of homes owned by these workers?
What will happen to the housing market in communities like Dallas when 10's of thousands of apartments go empty and homes are abandoned?

Who is going to pay for the 10's of thousands of cars currently financed for these workers by GMAC and company?

What is going to happen to the car market when 10's of thousands of cars are dumped on the market as repossessed - assuming they do not end up in Mexico or Central America?
We as people embraced the fear and ignorance. We are now paying the price. I have said that Obama’s success depends on how people feel about him. While I have zero confidence in him, based on cabinet picks, and what I have seen of his economic proposals, the American people are still confident he can fix the economy.

The problem is, it is a world economy. This is not the Great Depression wherein the US could pull itself up with limited outside help. The world is so intertwined economically, the American president and congress are basically impotent.

Just look at the daily reports coming out of Washington with the Democrats going after Obama. In many cases I agree with the Democratic leadership. I say if we must go into deficit spending, spend the money on infrastructure and higher education in fields which promote innovation.
Everyone budgets based on their gas bill. I do not care if you are the average Joe or China. With no stability in the oil market, how can anyone predict their future spending? They cannot. Whether it is Congress or Obama the problems instability in the oil market present to both the world and national economies are not even on their radar.

All of the ISMS and ignorance will keep us divided as a people and world. I say time to get ready for a wild ride. Things are about to get worse. The day the people realize this, they will turn on Obama. We are so screwed.

Somehow BISD and the City of Brownsville problems seem irrelevant compared to the bigger picture. Will BISD, COB, Texas, the US, or the world unite for the common good? No - it is just easier to hate one another and expect consumer spending to go up after deporting 10 million consumers.

TO PAT ALMIGHTY, HECTOR GONZALES, AND DANIEL CAVASOS FOR YOUR RESPECTIVE CONTEMPT OF THE PEOPLE OF BROWNSVILLE AND THEIR CHILDREN

Today will be a short post. I am typing with a pencil eraser head. My right arm is still under an anaesthesia block, and my left hand is wrapped in bandages. On Wednesday I had surgery on both hands. BV will be back full force on Friday. I just need one day to get back my right arm.

I do have one question? Does the mayor ever help himself when he speaks? On the grand jury issue, with an eyewitness there must be an indictment. We shall see what happens.

My post is just really the video. To the contemptuous three, you ha ve lost our love.

IT’S A HODGEPODGE DAY - ONLY MADE BETTER BY PAT ALMIGHTY

BISD

At this point everyone is aware that the BISD Board has called a special meeting to consider suspending Superintendent Gonzales. This nightmare will only get worse if the BISD Board does not just do what needs to get done. It is time they bring this nightmare to an end. Gonzales should have no complaints. The previous Board hired him to avoid dealing with the political garbage created by the Board. They needed an insider so they hired Gonzales, without any national search. It is time to clean house guys, or the voters will clean house in two years. Even Paddy Wagon Lehmann understands how voters clean house.

City of Brownsville - The Abyss by the Gulf of Mexico

This week Pete Gonzales announced that the Public Works Director reduced the number of people with access to city credit cards. This was good. There remains an ongoing complaint at to one specific set of charges. I have been complaining for months there is massive fraud ongoing against the city with the abuse of these cards. It is time the City Commission demand a full audit of all the city credit cards. They must demand that the every Director and Assistant Director approve all credit card purchases.

The problem with potholes in Brownsville is a nightmare which will never end until someone is hired who understands planning and engineering. The best Brownsville can do is a highschool graduate. The issue of the Director over Public Works being a mere highschool graduate must be an issue in the May elections.

Here is an idea Mr. Torres - post on the city web page a list of all streets scheduled for repairs. This will at least give the people hope that their street will eventually get resurfaced. Here is another idea, Iowa is one massive pothole. This is the first street visitors to SPI see. When will Iowa be repaired?

TO PAT ALMIGHTY:

Pat Almighty forwarded a letter to MZzzzzzzzzz Bloggin defending Hector Gonzales - with no knowledge as to what the accusations are which form the basis for the decision to seek Gonzales’ suspension, "Pat Almighty" declares him innocent.

But here is the real standard of competence by Pat Almighty which defines why Brownsville remains the laughing stock of the LRGV and incapable of moving forward.

"Unless there are intentional acts to hurt the school district by the Superintendent or illegal activity,"

In the real world Pat Almighty, incompetence is the normal standard.

Pat Almighty on what planet is lower TAKS scores at the high school level, which means fewer timely graduations a good thing for a school district?

Pat Almighty in the real world jurors measure facts, not ignorance and stupidity. Which standard are you hoping for from a future Brownsville jury?

This is why people get their popcorn ready before Brownsville City Commission meetings.

SANTANA TORRES CELEBRATES INCOMPETENCE - AGAIN

Yesterday Santana Torres sent a crew to my part of town to put down some type conditioner to extend the life of the streets - Apollo and adjoining streets. How do you extend the life of a dead person. Apollo and most of the adjacent streets are so riddled with potholes, it is like driving an obstacle course to avoid them. Oh, did they repair the potholes before spending a fortune putting down this sealer? No - that would have been commonsense.

Hey Sorry Charlie Atkinson - this is your district - why is it Santana Torres believes he can treat your constituents this way?

FROM PETE GONZALEZ, CITY OF BROWNSVILLE FINANCIAL DIRECTOR

Thank you for reporting some possible employee abuses. We do not allow employees to use city equipment, vehicles, etc for personal use. Employees violating this policy will be reprimanded or they could face possible dismissal. The next time you witness such abuse please write down the number of the city vehicle and report it to us as soon as possible. We will take appropriate action against each violator.

Before we started issuing purchasing cards to certain city employees, we developed a 12-page purchasing card policy and procedures manual. This manual specifies what is allowed and disallowed. It clearly states charges made on the purchasing card are for city purposes only and not to be used for personal use. Improper use of the purchasing card can be considered misappropriation of city funds which may result in disciplinary action, up to and including termination. Department directors determine who gets a purchasing card. The department directors or his designee must approve all purchases before a city payment is made. There are several stages of approvals that must be followed before final approval is made. The advantage of a purchasing card is that there is a record or trail of the person who made the purchase. An employee cannot assign his card to another employee. All purchases are for less than $500.

Only certain items are allowed to be charged to a purchasing card. Each city employee that is ssigned a purchasing card must read and sign procurement card cardholder agreement that specifies the 12 program guidelines or responsibilities of each card holder. We also have an internal auditor who occasionally monitors purchasing card transactions.

Because of your report of possible misuse, the public works director has already reduced the number of public work employees holding purchasing cards.

Again thank you and please let us know of any possible wrongdoings that you witness so that we can appropriate action.

http://brownsvillevoice.blogspot.com/2008/12/credit-card-fraud-against-city-of.html

BISD, HECTOR GONZALES AND ART RENDON COVER FOR SANCTIONED LEAD LICENSED SPECIALIST IN SCHOOL PSYCHOLOGY

(Editor’s note: This is the second of two posts today. The first has waited long enough to get posted. It will hold it no longer. It seems BISD will be in the news for a while.)

What the following report shows is, BISD, Hector Gonzales and Art Rendon are covering for the sanctioned Lead Licensed Special in School Psychology Dr. Roman Garcia de Alba. The story also shows that one of the three BISD licensed specialists who Rendon claims was deficient in his work was cleared by the same committee which sanctioned Rendon’s higher, Dr. Roman Garcia de Alba.

In law, Affidavits are insufficient unless they contain allegations that are direct and unequivocal and perjury can be assigned upon them. Brownlee v. Brownlee, 665 S.W.2d 111 (Tex.1984). Rendon’s so called affidavit is replete with conclusory statements and statements like "it is suspected." What is funny is, he then claims the so called incompetent psychologists were exposing BISD to problems because in their reports they used conclusory statements.

As to these failed psychologists he claims "this resulted in gross negligence of the needs of the children." He never names them. At the time he signed this statement he knew at least on of the three had been cleared of wrongdoing in October by the Texas State Board of Examiners of Psychologists. He also knew his boy, Dr. Roman Garcia de Alba, who he is defending was sanctioned for unethical conduct by the same committee which in October cleared the psychologist Rendon claims to be "grossly negligent in his duties."

Rendon cannot be held accountable for his misleading statements because Art Rendoon was sworn and not Art Rendon. In law it is the jurat which matters and not the signature. The certification by the third party is known as the "jurat." See Huckin v. Connor, 928 S.W.2d 180, 183 (Tex.App.--Houston [14th Dist.] 1996, writ denied); Acme Brick, 816 S.W.2d at 441. Without a jurat, a statement is not an "affidavit." See Coastal Cement Sand, 956 S.W.2d at 567; Hall, 911 S.W.2d at 425.

Only Mr. Neece knows if his client’s name was misspelled accidently or on purpose. I have no knowledge one way or the other, and am not making a claim one way or the other. All I know is that conclusory statements and a defective jurat means Mr. Rednon cannot be charged with making a false statement, if any.

Here are the latest facts.

In October 2008, Dr. Roman Garcia de Alba. Lead Licensed Special in School Psychology under Art Rendon, BISD, http://www.bisd.us/special_ser/documents/Org%20Chart4-08.pdf received the following sanctions from the Texas State Board of Examiners.

Complaint: Respondent failed to properly identify himself as a supervisee and
failed to identify his supervisor in public statements.

Sanction: Respondent was assessed an administrative penalty of $1,500.00 and
must obtain six (6) hours of continuing education in ethics.

http://www.tsbep.state.tx.us/documents/NL-Winter2009.pdf

He is tied to UTPA in addition to being employed by BISD.

http://www.utpa.edu/dept/educpsych/garciadealba.pdf

He graduated Texas AM in 2006 with his PhD in School Psychology. A review of his resume will show he has published works with Dr. Terry P. Overton. He does not state the date he became licensed.

Another sanction from October 2008 is tied to Terry P. Overton, Ed.D., Licensed Specialist in School Psychology (McAllen)

Complaint: Respondent provided supervision to a person without adequate
documentation, and did not ensure that the supervisee identified himself as such.

Sanction: Respondent was assessed an administrative penalty of $1,500.00 and
must obtain six (6) hours of continuing education in ethics.

http://www.tsbep.state.tx.us/documents/NL-Winter2009.pdf

Dr. Overton is a professor at UTPA.

http://www.utpa.edu/dept/educpsych/overton.pdf

What is all of this supervision nonsense about?

LSSP, Regular

With more than one year’s experience, none required. During first year of practice as a licensee, must practice under supervision (unless also licensed as a psychologist in Texas). See Board rule
§465.38(4)(iii). Supervision must be sufficient, given the supervisee’s level of competency and experience, to ensure quality of care.

Qualified Supervisor: Supervision of delivery of all school psychological services on behalf of a public school district to a public school student must be provided by an
LSSP with at least three years experience (one of which may have been obtained while under supervision by another qualified supervisor) in a public school district. No
other individual, regardless of training or experience, may provide supervision. See Board rule §465.38(5).

http://www.tsbep.state.tx.us/application-packets/Application-Packet-LSSP.pdf

Independent of the sanction against Mr. Garcia de Alba, under Texas law he was not a qualified Supervisor to supervise newly Licensed School Specialist Psychologists, at the time he was hired. But yet the man who was cleared, with years of experience and a qualified Supervisor under the rule, was not qualified. Does this sound like competent decision-making?

A reasonable mind can conclude from this Art Rendon did in fact move around qualified people and replaced them with unqualified people.

This gets even better. This part is for the insiders so they know what I am waiting for. I am told there is a 47 page report against the man who was cleared. The question is who wrote that report and why did they write the report? As soon as I have confirmation of the author of the report I will release his/her names.

It is time BISD give Art Rendon a proper review under the Open Meetings Act. And then it is time they send him packing. A source of mine is claiming Art will agree to a transfer to any other department so long as he can keep his current pay scale. No, hell no. Also, how in hell is it possible Hector Gonzales still has a job after this cover-up on his part?

Answer:

"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

This entire Board is so compromised, justice is not an option for BISD children.

Next to come are the FERPA violations and who made them. The puppets are about to learn the puppet master is about to save his own butt and cut their strings over a vat of acid.

http://www.ed.gov/policy/gen/reg/ferpa/index.html

THE MAY ELECTION, AND BLOGGING JOURNALISM AND BLOGGING

My readership has grown in leaps and bounds over the last weeks. Today’s post is mostly for the newbies to the blogosphere. Although there is something for the older readership.
Daniel Cavasos, of the Herald, is like Stalin - he decides what information the people need to make informed decisions. He has it set in his mind what is right for Brownsville and the rest of Brownsville is to conform to his ideas. This is not freedom. It is intellectual bigotry designed to keep the people oppressed. It discourages people from reading the Herald. Like so many bloggers he makes the failed assumption that people will not think outside his box, and notice he has a controlled agenda as to what is and is not newsworthy. People do think outside the box and find Cavasos to be insulting to their intelligence.

I SHOULD NOT HAVE TO READ in Sunday’s paper a letter to the Editor that the Weir project is moving forward in a good way. This should have been front page headlines weeks ago. The Weir project is probably the single most important potential economic development in Brownsville since its founding. Trust me people, tourist are not going to come to Brownsville to see the desalination plant or a sports park.

Anyone who knows me knows, I basically favor throwing the incumbent out of office. By the Herald you would not know we have an important municipal election in May. So far it appears only Garza has an opponent and he is just a recycled candidate. What are the issues? Who may be interested in running? The Herald has declared these questions not newsworthy.

I have read in the blogs and in the on line edition of the Herald statements against Camarillo I find suspect and typical of the garbage the blog fiction writers put out because they have no substantive argument to add to the discussion. Look, I will never endorse Camarillo for three reasons, [1] he is an incumbent, [2] he screwed over the students at UTB, and [3] he cowarded on the issue of impact fees.

But here is a reality based on my personal experience. He answers my e-mails. I have met him in person on campus and he did not shy away from me. He was 100% professional in our discussions and courteous. Given I have dubbed the Brownsville Commission nothing more than a bunch of Nancy Boys, his professionalism with me says a lot about who he is as a person. But this does not change how I feel about him on policy grounds, and the fact he is an incumbent. My issue here is, his supporters know much of the garbage being put out against him is false and it will only serve to make them work harder for his reelection. If you oppose Camarillo you are only helping his reelection when you put out verifiable lies.

If you want to nail Camarillo hit him hard on the issue of how he coward on the Impact Fees, and how he screwed over the students at UTB/TSC for what appears to have been a guaranteed job under Juliet Garcia. Raise your hands if you believe he would be working for Juliet Garcia had he opposed her. The reality is, maybe there was no guarantee. Maybe he was just thinking, how can I endear myself to Juliet Garcia?

My point here is, the American people are livid right now over these two type issues. A full page add in the Herald painting him as a sell out at the expense of the people of Brownsville and the students at UTB/TSC, will make people livid. Everything he says thereafter will be suspect. My question is, why deal in lies, when there is such a solid campaign against him based on verifiable facts?

Last week during my discussion on Art Rendon, I repeatedly opened a door for his supporters to come to his defense by discussing the Open Meetings Act violation. The door was large enough to fit a herd of whales. They did not see it. Rather than add dimension to the discussion and defending Rendon, they engaged in petty childish attacks on me. Their need to attack anything I say is so obsessive, they could not see the door I left open which would have given them a substantive way to come to Rendon’s defense. Why? Because they are like Cavasos. It offends them that anyone would think outside their box. Through pathetic Internet bullying they actually believe they can shut down alternative ideas.

The problem is, the internet has created an avenue for discourse unlike any time in the history of the world. In the old days the Cavasos believed because they were the only game in town, they could control the "newsworthy" agenda. In the world of the internet, there is no control of the newsworthy agenda. These internet bullies who have nothing of substance to add to the discourse simply attack. They simply fail to realize they cannot control the newsworthy agenda on the internet. They are stuck in Cavasos’ world.

Blogs come in many forms. Some blogs specialize in Art news. Some blogs specialize in how to have a good time on SPI. Some blogs do news. Some blogs do commentary. Some blogs provide video of local governmental meetings. Some blogs do literary work with side orders of news and commentary. Sometimes it is nice to read an insightful poem or piece of prose. The internet is big enough for every conceivable idea on the planet.

The problem is, some people truly believe people are too stupid to think or reason for themselves, so they have to get on the internet and bully people. What these bullies fail to understand is, the people who can think and reason for themselves, see through the bullying. This is why their blogs fail or their comments are dismissed by those who actually take pride in their capacity to think. This is at the core of the failure of journalism in the US.

In time the Herald will fail. Cavasos simply cannot conceive of himself as anything but a God to be followed. Petty dictators always fail. With a good chance the recession will turn to a depression, advertising dollars will dry up. Further, more and more advertisers are finding targeted internet advertising is more cost effective and productive. Small time ineffective newspapers like the Herald will fail. Its failure is a formality.

It is essential that something be ready to take its place. The internet changed everything. It is the equivalent of the printing press during the age of the Renaissance. In the past I have proposed a news blog. My blog is mostly commentary with some news. If I had my way, I would shut down BV tomorrow. It is hard work. Most blogs fail because the bloggers realize that it is a challenge to find something to talk about each and every day. Further, in the world of politics, most readers are looking for negative.

My hope is someday someone with money, interested in honest hard hitting journalism will come along and start an online news service for Brownsville. It will not be me. And, it will be the day I can go back to fishing. I do not envy people in this business. The hardest part for me is deciding if I should believe the garbage people are trying to feed me. You want to cover the story, but something sounds rotten so you let it go.

People get mad at me when one day I am going after xxxxxx, and then the next day encouraging him to sue Freedom Communications for defamation per se. One thing has nothing to do with the other, unless I am a petty vindictive child, which I am not. I have taken this approach several times. The fact you have partaken in making me a victim does not mean I am not going to come to your defense when you are a victim. You cannot believe how many people were angry with me for recommending he sue Freedom Communications.

On a regular basis I receive garbage on DA Villalobos, Pat Ahumada, and even xxxmoron. I reject it. While I will respond to attacks on me when it has value, what is the value to the community to promote the jaded mentality which grips this community like a strangle hold?

The mental illness which grips our society from those who oppose full and open discourse can be seen in the acts of a derange midnight raider on the BV. One night I received 13 consecutive vulgar anti-gay statements. Another night this same person posted 100 comments with nothing more than 1-100. It takes me less than 15 seconds to process these out and delete them. Think about how long it takes to send 100 comments. This is obsessive. It is the mental illness which must grip such a person which concerns me.

Imagine a world without newspapers, and bloggers abandoning the blogosphere rather than deal with these emotionally disturbed people? Good honest people are refusing to enter politics because they know their children will have to watch their parent pulled through the mud for no damn (got that right - lol) good reason. Is this the reason there appears to be no new blood announcing for a run at the Brownsville City Commission?

These people are the cause for the corruption in our society. Now, because of the way I am, I would be the first to run to court to defend their actions, outside of outright defamation. In the end all we can hope for is these people will be dismissed by everyone except Sean Hannity fans. They are truly cut from the same cloth. They will never go away because they suffer from a compulsive mental illness.

Brownsville needs more blogs. It needs blogs which will challenge people to think. Brownsville is desperate for a truly conservative blog. Brownsville is desperate for a blog which will bring great debate between the blogs thereby forcing them to compete for readers. Competition between a large diversity of blogs will only serve to promote more ideas. This should be the goal of all bloggers, and not endless mindless personal attacks.

Now if you like what you read here, or on any other blog, forwarded it to a friend or 5 and tell them to do the same. Many of my fellow bloggers hate when I say this but the readership of the blogs is nearly nonexistent when compared to the total population of Brownsville. Only the readers can change this be promoting what they like by telling their friends.

One thing I have is a good audience among community leaders and business people. I always love the look on their face when I make it clear we are going Dutch. You cannot buy me a meal, and I will certainly not buy you a meal. While I would love larger numbers in terms of readership, I understand a targeted readership such as targeted advertising can be more effective.

This was not a challenge. I routinely forwarded my blogs to most politicos when I thought they might be interested. This made them aware of my blog. When I go to business functions I get as many business cards as possible. I then forward my blog to the business leaders, when I think it might catch their attention. Some come back, some say - not my cup of tea and move on. It was not a challenge to make the politicos and business leaders aware of my blog. I developed a targeted audience to make my blog more effective. 10 thousand saplings are not as valuable as 10 Great Redwoods.

KEEPING AN EYE ON PARKS AND RECREATION

I do not know if any of this is true, but we must keep an eye on this issue. If they are associated with Charlie Atkinson in anyway, they should be shot out of a cannon and sent to Oklahoma.

From a reader:

Well, Skip is gone because he took a job elsewhere. Now, there has been talk about replacing him with the Sportspark Manager Tuffy Martinze, who by the way is a close friend of Charlie Atkinson. If fact, Tuffy followed Charlie's sister around the area. Every time she got a job, Tuffy was there to accept a job. She would leave on a bad note and Tuffy would leave also. Now, he is being considered as the PARKS AND RECREATION DIRECTOR? Come on Atkinson! What about the existing Manager Chris Patterson. Try to dig up trash on him! Who is he a puppet of? Mr. Patterson knows what this community needs. Brownsville, get ready for another comprade deal! Let's go Charlie Atkinson. Let's hire your buddies, keep screwing things up buddy. You are an embarrassment to this community and will lose the next election.

MR. AMIGO TASTE OF THE FRONTERA IS SET FOR MONDAY

The festivities start at 7 p.m. at the events center. I had an announcement with a list of restaurants but lost it. It is my understanding it is $20.00 all you can eat.

http://www.mramigo.com/News/998151

A WORD FROM A PARENT SAYS IT ALL - RENDON AFFAIR

krazyvegas wrote:

Si vas a hablar de Cortez, porque no tambien como pusieron a Rendon en Special Services. Te olvidas que el Sr. Rendon fue puesto en este departamento por el Sr. Lehmann. Y ahora que el Sr. Lehmann perdio, esta en la audiencia portandoce como un payaso. No importanta que lado tomes en esta situacion, el comportamiento de la audiencia en estas juntas de la mesa directiva es una verguenza. Ciertos miembros de la mesa directiva invitan a padres a las juntas para que hablen sobre el superintendente, pero lo que no saben es que solamente los estan usando para su conveniencia. Como padre yo espero una investigacion en el departamento de Special Services especialmente en las escuelas preparatorias.

from the HERALD

GRAN TORINO

Editors note: I have now formally seen the film. My original review stands. I will add the word brilliant does not do this film justice. The screenplay may be the best ever written. Eastwood has clearly made the best film in a generation. You will laugh during the first 3/4 of the film. Eastwood proves that in the hands of a genius you can use every racial slur ever invented and then some, and get everyone to laugh. The last 1/4 of the film is quite intense.

All I can say is, the word brilliant does not do this film justice.

I really wanted to be able to give my readers a first hand review of this movie, but by the time I got to the theater, it was sold out. I normally go early and get a bite at the little Chinese place in the food court. Always the same thing - a bowel of noodles with spicy beef.

What I have read about this film which makes it a great film from a sociological perspective is Clint Eastwood's character is seen from almost polar opposite ends. In the beginning his opinion of this family is based on the fact he hates his life is changing along with his neighborhood. He does not really have a problem with Asian neighbors. (and this is the key) They are the scapegoat for how he feels about the changes in his life.

The other side of the character is, he is basically a good guy who knows right from wrong. He sees this family is trying to live the American dream and circumstance are getting in the way of that dream. He sees they need his help. He helps them.

What he comes to realize is the change in his life he hated was feeling useless. So he became isolated from life. Initially he blames this family for bringing bad changes to his life. In the end it is this family which restores his role as the protector. In the end it is this family, which he initially believed was changing his life in a bad way, which delivers him back to the life he was missing. The protector.

I love the symbolic use of beer which brings the two families together for the first big meeting. Beer, rightly or wrongly, is the average Joe who is struggling with the demographic changes in the US.

A brilliant film by a brilliant director - Clint Eastwood

COMMISSION ON JUDICIAL CONDUCT OPENS INVESTIGATION AGAINST JUDGE THOMAS JONES

I was informed today that the Commission on Judicial Conduct has formally opened an investigation against Judge Thomas Jones of Dallas. He has been ordered to respond to my complaint along with that of several others.

This is the case wherein a dismissed speeding ticket was referred to Linebarger for collections. Linebarger had no interest in my evidence the ticket had been dismissed. Judge Jones had no interest in the fact my ticket had been dismissed.

BISD MUST END THE CIRCUS

"BISD stipulates it will take no action against Art Rendon until after a performance review in Executive Session at the next BISD Board meeting on XYZ date." This simple statement in a filing with the court will make moot any immediate action by the court. BISD must end this circus and go professional.

Ramiro Lozano

Choir Director Besteiro Middle School

CHIOR DIRECTOR ARREST ON CHARGES OF CHILD PORNOGRAPHY

This is the mug shot of the BISD arrest of Ramiro Lozano for 4 counts of Possession of Child PornographyHe received a total bond of $200,000.00 he was transferred to the Cameron County Jail.

Thank you,

Sgt. Jimmy Manrique

I have not uploaded the mug shot because google is saying it is not in the proper format.

BISD has a problem with pornography and on campus use of their computers by their teachers for personal use. Yet another example of the nightmare which is BISD. This incredibly incompetent Board has made it clear, it is not their problem and they will not set a policy addressing same.

KUDOS to the most incompetent school board in Texas. "A+" in keeping our children safe from pornography

LARRY FLYNT BRINGS THE MEANING OF OBSCENE TO THE FOREFRONT

Larry Flynt, publisher of Hustler magazine, brings meaning to real obscenity. I have asked before what is more obscene a child in the US dying of a tooth infection because his mother cannot afford to take him to a dentist (true story) or a picture of a naked person? What is more obscene Maplethorpe’s famous photo of an Appalachian girl covered in dirt while playing in a torn dress with no panties on and her vagina exposed, or two women having sex? In both cases I would say the former of each option is more obscene than the latter.

In a way only Larry Flynt can make the case, he is seeking 5 billion in bailout money for the adult industry. It is quite funny and sad at the same time. He has made his point I believe. These bailouts are far more obscene than anything I have ever seen in Hustler magazine.
Enjoy, and I hope you get a good laugh

http://politicalticker.blogs.cnn.com/2009/01/07/porn-industry-seeks-federal-bailout/

For the record, this is how it is done when done by a creative mind. Flynt may be a peddler in porn, but he has always had an incredibly creative mind.

SORRY CHARLIE ATKINSON TURNED THE CITY COMMISSION INTO A THREE RING CIRCUS

Maybe the mayor is not the easiest guy to get along with, but at least he is not a complete idiot. Atkinson began the public comment section by telling people they can only speak positively and on issues on the agenda. To be fair, the City Commission does have the authority to make a list of subjects open for public discussion, What they cannot do is regulate what is said about the subject. Sorry Charlie Atkinson would have done well during the Stalinist era. "If you are not going to praise me, then you are not allowed to speak."Sorry Charlie then went on to complain about the regulars who speak.

Well, I am complaining about the regular City Commissioners who are there week after week acting like idiots, ignoring reality, and ignoring the demands of the people. The difference between the regulars who speak at the city commission meetings, and the City Commissioners is, the city commission cannot vote them off the public comment section, but We the People can vote the City Commissioners off of the city commission.The commissioners did raise a good point. They need to be able to respond when speakers put out disinformation. I agree 100%.

Accurate information is essential to efficient and honest government. I have already given the city commission all of the information they need to address this issue. But this group is so opposed to voices of the people, they even ignore the people when the people are trying to help them.The City Commission has 100% control over the agenda. What they cannot regulate is the content of speech by speakers who are authorized to speak, such as during the public comment section. They can say, speakers can only speak to the following 5 issues. But then they cannot regulate what is said by the speakers so long as it is within the authorized subject matters.

http://www.firstamendmentcenter.org/Speech/personal/cases_resources_summary.aspx

Here is the solution guys. You can add to the public comment section a space for response by the city. You can put on the agenda 15 minutes wherein city officials are called to respond to what the commission believes to be false or misleading claims by the speakers. This is not only legal, it is good public policy. I will send you the bill.

APPROVING A LIQUOR PERMIT FOR THE OLD WORLD GYM WAS WRONG

I like to say I only know what I know. The owners of the old World Gym turned a blind eye to sexual activity in the men’s steam room. I stopped going on Sunday afternoons because the same person was in the steam room every Sunday masturbating in search of someone to have sex with. On one occasion I walked in on two guys having oral sex. I complained to the management and I was dismissed. If they were willing to turn a blind eye to criminal conduct in a gym, what can we expect of them if they own a bar?

This club is right next door to the BISD pool. According to statements made at Tuesday’s city commission meeting they will be allowed to serve alcohol starting a noon while BISD children are using the pool. This is a tragedy waiting to happen.Contrary to the lies by Rick Longoria that World Gym was put out of business because of competition from Golds, World Gym went out of business because of bad management. Just about everyone I knew at the old Power House Gym chose World Gym over Golds because of the racquetball courts and steam room. World gym was known for their racquetball tournaments. Gyms attract people based on their services. World and Golds provided different services.

The owners at World decided that they were going to allow the equipment to go unrepaired. I stopped using the handful of treadmills which still worked after my ear was burned by a short in the equipment. The locker room reached the point that it smelled like a sewage plant. Tiles were falling off the wall. The doors on the lockers were falling off so your personal belongings were not safe.

In November word had gotten out that they were closing. I repeatedly asked the owner and staff if they were closing, all the way up to just days before they closed, and I was told no. When it was obvious by a posting related to holiday operating hours that December 30, 2008, was their closing date, I moved to Golds. Now because the sales rep at Golds lied to me about the TV’s working on the treadmills and broken equipment I will be notifying Golds I am cancelling the contract based on fraud. Brownsville needs a new gym locally owned whose owners understand honesty matters.

Further, in my opinion the owners lied to the membership about closing because they needed to keep the maximum number of customers until the 18th of December when they billed everyone’s bank accounts. This was not an honest or professional way to run a business.Does the City of Brownsville really need to issue a liquor permit to people who had no problem with illegal sexual activity occurring on their premises, especially when the business is right next door to the BISD pool where children will be attending swimming practice and meets?I say no, Rick Longoria says yes. You decide.

ON BEHALF OF ART RENDON, STAR JONES SUES BISD

The first named attorney representing Art Rendon, or Art Rendoon as stated in the jurat, is Star Jones. She received her Texas License in May 2008. I am certain it is not the same Star Jones. The second named attorney is Ben Neece. If I can get my scanner to work, and the online service for linking documents to work, I will post the pleadings.

An interesting side note. When I got out of the elevator on the 3rd floor where the District Clerk’s Office is, Pat Lehmann gave me a look which if looks could kill, I would not be typing at this moment.

A GIFT FOR BISD

Mission CISD v. Garcia 253 S.W.3d 6523 (Texas 2008)

The lawsuit seeks a TRO against BISD discharging Mr. Rendon, but the proper paperwork was not filed. The lawsuit seeks an injunction against BISD and others defaming Art Rendon. The case law in Texas on this issue is so well established that I am shocked Ben Neece put his name on the pleading. You cannot get a judge to sign an order enjoining defamatory speech. "Although the specific damages sustained from defamation and business disparagement-related activity is often difficult to measure, it is nonetheless well established that this type of harm does not rise to the level necessary for the prior restraint to withstand constitutional scrutiny."

Brammer v. KB Home Lone Star, 114 S.W.3rd 101, 107 (Tex. App. – Austin 2003)

The gravamen part of the defamation claim relates to an Executive Session review of Art Rendon’s services to BISD.

An employer has a conditional or qualified privilege that attaches to communications made in the course of an investigation following a report of employee wrongdoing. Randall's Food Mkts., Inc. v. Johnson,891 S.W.2d 640, 646 (Tex.1995). The privilege remains intact as long as communications pass only to persons having an interest or duty in the matter to which the communications relate. Id.

Further, common law official immunity is based on the need for public officials to act in the public interest with confidence and without the hesitation that could be caused by subjecting them to litigation. Ballantyne v. Champion Builders, Inc., 144 S.W.3d 417, 424 (Tex.2004). Official immunity is an affirmative defense that protects government employees in their individual capacities from liability related to the performance of discretionary duties if the actions are within the scope of the employee's authority and are performed in good faith. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994).

The Intentional Infliction of Emotional Distress is also totally without merit

"For the tenth time in little more than six years, we must reverse an intentional infliction of emotional distress claim for failing to meet the exacting requirements of that tort." Creditwatch v. Jackson, 157 S.W.3d 814 (Tex. 20025)

An employee may recover damages for intentional infliction of emotional distress in an employment context as long as the employee establishes the elements of the cause of action. See Wornick Co. v. Casas, 856 S.W.2d 732, 734 (Tex. 1993). To recover damages for intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant acted intentionally or recklessly; (2) the conduct was extreme and outrageous; (3) the actions of the defendant caused the plaintiff emotional distress; and (4) the resulting emotional distress was severe. Standard Fruit & Vegetable Co. v. Johnson, 985 S.W.2d 62, 65 (Tex. 1998). In addition, "[a] claim for intentional infliction of emotional distress cannot be maintained when the risk that emotional distress will result is merely incidental to the commission of some other tort." Id. at 68. Accordingly, a claim for intentional infliction of emotional distress will not lie if emotional distress is not the intended or primary consequence of the defendant's conduct. Id.

I find it curious that an experienced attorney like Ben Neece would have a young lawyer who just received her law license in May 2008, sign off on these pleadings as the lead attorney. I have not addressed the Open Meetings Act Violations. Knowing this Board. it would not shock me the Act was violated. I hope I can upload the documents as the day progresses.
One last thing, Art submitted a sort of rebuttal to what he believes to be the claims BISD is making against him. One issue is excessive legal fees incurred by BISD.

His words in the rebuttal "This is a response to excessive legal fees in special education." A lot of his defense is "it is suspected." A good part of his rebuttal relates to a claim of fraudulent billing against BISD. He claims there is an ongoing investigation with the District Attorney’s Office, and others. Let’s assume this is true. It happened under Art Rendon’s watch. The buck stops with Art Rendon.

Oh, Art conveniently leaves out how much it cost the District to defend against and loose the TEA complaint which got BISD sanctioned last Spring for violating the rights of a special education student.

BROWNSVILLE POLICE TO TAKE ACTION REGARDING NEW YEARS EVE SHOOTING AND INJURY TO 15 YEAR OLD GIRL

The following is from the Brownsville Police concerning the bullet injury to a 15 year old girl on New Years Eve.

I want to say Kudos to the BPD for responding to my request for information. This is the part which matters most to me.

"Once removed we will recover the bullet and depending on the condition of the bullet, we will submit it for proper ballistic examination. If the bullet is still intact then ballistic examination will determine the caliber of the bullet and quite possibly the model of the firearm from which it came from. Further test of the bullet, if the condition of the bullet permit, could determine the exact firearm which it was shot from, if the firearm has ever been registered on the NIBIN database. "

The original article written by the Herald reporter made the BPD look bad. A competent reporter would have inquired about if an investigation would be conducted regarding the bullet. As can be expected from the Herald the report was incomplete and the BPD was unjustly made to look bad.

Also, I want to make sure everyone knows, the BPD did do everything possible to get the word out about firing a gun into the air on New Years Eve. The BV published that warning as issued by Chief Garcia.

My personal thanks to Chief Garcia for getting on top of this.

In the interest of full disclosure here is the entire letter.

Bobby WC,Good morning,

Happy New Year! Like all articles in the Brownsville they are written by field reporters that base the articles on the facts they have on hand and quotes made my the reporting officer. Lt. Rodriguez did not reduce the severity of the incident at all. His statement was based on the fact that other valley police departments had some major incidents in their jurisdictions regarding the numerous carjacking and vehicular pursuits of the kidnapping suspect and the subsequent murder of the victim inside of the HEB in Harlingen and the ensuing pursuit into Weslaco where he eventually drove the stolen vehicle into the Wal-Mart and injured several other people and endangered many others and finally took his own life. I myself breathed a sigh of relief when it was all over and found that we were fortunate it did not happen in our city.

Fortunately the young 15 year old girl that was struck by a stray bullet will recover fine. However on the night of the incident she was immediately taken to the hospital where the bullet was located in her ankle but she was referred to a specialist to remove it. Once removed we will recover the bullet and depending on the condition of the bullet, we will submit it for proper ballistic examination. If the bullet is still intact then ballistic examination will determine the caliber of the bullet and quite possibly the model of the firearm from which it came from. Further test of the bullet, if the condition of the bullet permit, could determine the exact firearm which it was shot from, if the firearm has ever been registered on the NIBIN database.
<http://www.nibin.gov/>

We had several interviews with both English and Spanish media outlets asking the public to not celebrate in this very dangerous manner. Year after year we make this appeal to the public and I myself tell the reporters that we always have at least one incident where someone is struck by a stray bullet and we have been very lucky that no one has ever been killed by a stray bullet during the New Years Eve Celebration.Again, I appreciate your devoted interest in the City of Brownsville.

Sgt. Jimmy Manrrique

BACK TO THE VA - THIS TIME SOME GOOD NEWS

(The picture is VA Harlingen)

I was at the VA all day Monday. I drove up on Sunday. The appointment was a presurgery for repair to my left hand carpal tunnel surgery and the right hand carpal tunnel surgery. What I learned was, after the nightmare with my left hand, the nurse in recovery was fired, and everything has changed when it comes to anaesthesiology.

You start at 8:00 a.m., and finish about 4:00 p.m. I am proud to announce my non-fasting cholesterol is down to 172. My blood pressure was 122/60. The treadmill rules. Anyway, you are now required to meet with anaesthesiology before surgery. My regulars know the story about how they mishandled my sleep apnea last time. Not this time. They went over all of the new policies. The recovery nurses are now ordered to make sure all sleep apnea patients are on their CPAP with added oxygen.

Why is this important? Too many people assume that just because I send out a strong letter of complaint to the VA that it means litigation will follow. I have learned that if you send the letter to the Chief Medical Officer, with proper documentation things will change. The CMO at the VA SA actually cares about veterans. He took care of all of the problems in a professional manner and avoided me seeking a court order compelling adequate care. It is not about money, it is about the quality of care.

Ortho is a completely different planet from what it was just a few months ago. Everyone now knows that the VA is ready and willing to start firing people. I was blown away when all of us scheduled for ortho surgery at the end of the month were required to meet with an occupational therapist so we could learn in advance the physical therapy we are to perform on ourselves after the surgery. We were also given post surgery braces which replace the original brace after the first several days.

Government hospitals can work when you have a competent CMO in charge. If veterans are willing to file well documented complaints, the CMO is willing to take action. This is how professionals do business. The people who run the city of Brownsville can learn a thing or two from the management style of the CMO of the VA SA.

People should also know that the quality of care at the VA clinic in Harlingen is second to none in the LRGV. I do not believe it is possible to receive better healthcare anywhere in the LRGV. Every veteran has their own assigned Primary Care Physician. I cannot say for sure every service now available at VA Harlingen. Unfortunately they do not list same on their web page. It is my understanding they now have specialty care in ENT, podiatry, psychiatry, dental, eye, radiology including MRI, a full lab, a full pharmacy, orthopedics, physical therapy, and nutritionist. There may be more. I am told that they are currently trying to hire a cardiologist, and gastroenterologist. I am also told they are gearing up for day surgeries.

I was reading today the new money for clinics like the Harlingen clinic. The 2009 federal budget is putting more money than ever before into these clinics.

I guess today’s post was to speak to something positive at the VA. When you fight back and complain with documented evidence you can make a difference. If enough veterans keep complaining about the same thing, things will change

THE BISD MESS CONTINUES

For those interested - Did Presas-Garcia violate Colunga’s privacy rights? I do not know, but I hope the Board will investigate.

http://www.texascivilrightsproject.org/newspub/Privacy%20Press%20Releases.htm#SanMarcos

Sunday's Special Post on BISD

http://brownsvillevoice.blogspot.com/2009/01/presas-garcia-and-pea-should-face.html

I want to say the mediated settlement which appears to have been reached between BISD and Hector Gonzales is the way things are suppose to work. BISD was faced with a possible large pay out, and Hector Gonzales was faced with a possible public lynching which would have destroyed his career options. They met at the middle. BISD is basically offering a bridge salary until he finds a new job.

Hector Gonzales had at least a years warning things were getting progressively worse in Special Services. He chose not to act. Whomever is hired as the interim-superintendent must commit to a complete house cleaning of Special Services. If the Board does not demand this of the interim-superintendent, then it will be fair to say the battle with Hector Gonzales was not about his performance but his politics, and that would be sad.

The other issue which plagued the district was a deteriorating situation at the high school level. Part of the failure at the high school level belongs to the Board. The previous Board, and the current Board to date have refused to make use of perhaps the only good part of No Child Left Behind. Under NCLB school districts can hire any teacher who is deemed as highly qualified under NCLB. Under NCLB anyone with a Masters in their teaching field and who has passed the State competency test in their field is deemed highly qualified under NCLB.

A typical science teacher with a teaching certificate maybe took one or two courses which focus in on how to teach their content area. Because many of their courses were in general instruction and classroom management, they took fewer science courses than someone with a BS in biology, for example. Someone with a Masters in biology or math will have at least 10-12 additional courses in biology or math over the typical graduate with a BS in biology or math. The typical graduate with a BS in biology or math will have 4-6 more course in biology or math than the typical biology or math teacher.

How can anyone suggest that someone with a BS in Education with a science specialization is more qualified to teach physics or chemistry than someone with a Masters in physics or chemistry? The Masters candidate will have taken on average 14-18 more courses in their content area, than the education major. In addition to being more qualified in their content area, they have more experience in seeing instruction of physics and chemistry in the real world. There is no comparison in terms of competency when you compare an education major to a candidate with a Masters in their teaching field.

School Boards have broad policy making authority. The BISD Board has the ability to mandate that heretofore all candidates for high school positions must have a Masters in their teaching field. Master’s candidates are a dime a dozen. If the BISD Board is unwilling to make such a mandate then it is fair to say they are not serious about handling the poor TAKS performance at BISD, and it will be time to stop blaming the superintendents past, current, or future.

AGAIN PROOF, WHAT AN HONEST US ATTORNEY CAN DO

http://news.yahoo.com/s/ap/20090104/ap_on_el_pr/richardson

What would happen to the politicos in the LRGV if we had an honest US Attorney?

GONZALES RESIGNS FROM BISD - MORE IN SUNDAY'S BV

http://www.brownsvilleherald.com/news/gonzales_93292___article.html/district_resignation.html

FROM THE ANNALS OF DISBELIEF - BPD DECLARES CHILD INJURED BY STRAY BULLET NO BIG DEAL

"Overall this was a relatively quiet New Year's Eve," the police spokesman said. "There weren't any major cases or accidents, unlike in other areas of the Valley where they had various unfortunate cases."

http://www.brownsvilleherald.com/news/police_93253___article.html/year_firearms.html
According to the Brownsville police a child being injured by a stray bullet is not a major accident. "Irata was taken to Valley Regional Medical Center where doctors confirmed she was struck by a bullet on her left ankle."

Here is a related story on the issue.

http://www.myfoxmemphis.com/myfox/pages/News/Detail?contentId=8181725&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

"Frye says, "So I'm sitting here rocking her and all of a sudden I heard 'Pop.' I felt something push on her and pushed her into my lap, then I saw all the debris and white stuff falling all over the place."She says Myasia was screaming, so she took her into the bathroom.Frye says at first she couldn't find anything wrong until she pulled off her diaper and a bullet rolled out."
Both of these children are alive by a miracle.

How is it possible the Brownsville police could not identify the gun used by bullet ballistics, and then identify the owner of the gun by registration? Under Brownsville Police’s logic had the child been killed no one would have been arrested.

DA Villalobos needs to use the investigative arm of his office to do what the Brownsville Police appear unwilling to do, protect our children.


NO MOVIE REVIEW - SORRY NOTHING REALLY WORTH SEEING

CHARTER REVIEW COMMITTEE FAILS BROWNSVILLE

Why is this matter going before the City Commission without the Charter Review Committee having released its recommendations to the people? iget that the public work shop is how they will release the recommendations. But a press release would have informed more people in advanced so that they could more specifically contest the recommendations


WORKSHOP: 5:40 P.M.

a) Charter Review Committee Recommendations for Charter Amendment. (John
Chosy – Assistant City Attorney – 20 min.)

Just another con job on the people.

http://www.brownsvilleherald.com/news/commission_93254___article.html/city_business.html

OPEN LETTER TO JONATHAN SEGAL, PRESIDENT FREEDOM COMMUNICATION NEWSPAPERS

After repeated complaints about the ongoing gay bashing and homophobia which appears in your rag the Brownsville Herald, I am of the opinion that it only continues because you have constructively consented to same by your inaction and incompetence.

I realize to someone like you a parent finding their adolescent child dead by hanging because they could no longer stand the taunting caused by gay-bashers means nothing. At this point I have to conclude you are a heartless soul driven by profits at all costs, including but not limited to the promotion of gay-bashing, which studies have shown contribute to adolescent gay suicide at extraordinary levels. http://www.safeschoolscoalition.org/SuicideamongGLByouth.html

"In the US government’s Report of the Secretary’s Task Force on Youth Suicide, it was originally projected, based on convenience samples and survivor reports, that gay youth are two to three times more likely to attempt suicide than their heterosexual peers, and comprise 30% of the annual youth suicides (Gibson, 1989 as cited in Remafedi, 1999)."

It is abundantly clear that Freedom Communications has sunk as low as humanly possible. The following link contains the following;

http://www.brownsvilleherald.com/news/gym_93166___article.html/gold_gomez.html
the tudor wrote:

Since San Francisco closed down all the bath houses, the gym is the closest.
12/31/2008 4:45:51 PM

"CHUBBIER this coming year! Man i loved that place i loved working out to the RYTHEM OF "MACHO MACHO MAN!" by the village people."

It took nearly the entire day for them to delete the faggot comment.

Your esteemed editor has found that the mayor’s refusal to hold a public forum on HIV is not newsworthy. HIV is spreading like wild fire among young adults regardless of sexual orientation. Heterosexual minority women are particularly at risk. Not newsworthy in a community which is 95% Latino.

Your esteemed editor has found that City Commissioner Charlie Atkinson’s public comment of "faggot." is not newsworthy.

In light of what is happening at the Herald it is fair to say that Freedom Communications believes in promoting homophobia independent of the high rate of adolescent teenage suicide, drug addiction and prostitution.

I am certain that the Founding Fathers are in disbelief over how low journalism has sunk.
I am simply disgusted beyond comprehension that you Mr. Segal, and Scott Flanders are part of the Fourth Estate. The shame each of you bring to journalism explains volumes about the demise of journalism in the United States.

Silence is death - so please I do not want to hear the excuses people may have for what is happening at Freedom Communication. They are in charge. The people in charge do not get to ignore what is happening, and claim to be a victim. It is called accountability. It is this lack of accountability which corporate executives have been allowed to shrug off which has the US economy in shambles. And to those who seek to complain, I am certain the day it is your son found dead in the closet from suicide will be the day you yell bloody murder about the tolerance for homophobia.

CC Jonathan Segal, Preident of Freedom Communication Newspapers,
Scott Flanders, CEO Freedom Communications

A MESSAGE FOR EVERYONE WHO HAS LOST SOMEONE

The holidays are always hard for people who have lost a loved one during the previous year. While I do not believe God sacrificed Joshua for our sins, Christians do - so enjoy.

This was forwarded to BV by BISD Board Member Minerva Peña.

JUAN GUERRA EXITS WITH A BANG

(Editor's note: Thanks Stan)

I did not plan on posting today, but given the news of now former Willacy County DA Juan Guerra filing a civil forfeiture action against Senator Eddie Lucio Jr., I decided to at least explain what has been filed. I am actually quite amazed more of these are not filed in Cameron County against former property owners and real estate agents.

How it Works

The laundering of drug money through bogus land deals is a very real problem in Cameron County. It has artificially increased the value of land in Cameron County. I suspect law enforcement and the DA turn a blind eye to the problem because the increase value in land increases property tax revenues.

This is how it works. A drug dealer needs to launder $250,000.00. He offers to pay $250,000.00 for land only worth $100,000.00. He tells the land owner that he can only pay in small increments over a period of months. It is typically a monthly payment of less than $10,000.00 until the total price is paid. Once the land is bought with the drug money, the drug dealer can sell the land to someone else and deposit the sale price of the land into his bank with proof the money came from a valid land sale. I know of this con because I have consulted in several cases wherein the FBI has opened an investigation.

The first case I worked on was actually out of Houston some 20 years ago. It was the reason Clayton Williams refused to shake Ann Richard’s hand at some joint event during their gubernatorial campaign. A man by the name of Lloyd Williams was hit with a civil forfeiture for a real estate deal he did for a drug dealer. Lloyd Williams also did business with Clayton William’s bank out of Midland. Ann Richards basically accused Clayton Williams of doing business with drug dealers. In the end Lloyd Williams was forced to forfeit the commission he made on the real estate deal with the drug dealer.

Back to Eddie Lucio Jr - this is what Juan Guerra is alleging. In Guerra’s opinion, so the news reports, Lucio bought his house with money earned from criminal activity. If the claim is true, the court can order Lucio’s house sold with the proceeds going to the office of the Willacy County DA.

I personally find Texas’ civil forfeiture law to be oppressive. It invites abuse. The evidentiary standard is not beyond a reasonable doubt. I do not remember the exact standard, but it is a lot less than beyond a reasonable doubt. The person being forced to give up the property or money does not ever have to be convicted of a crime. In fact these lawsuits are against the money or property and not the alleged wrongdoer.

I do believe the manner in which it is being used against Senator Lucio is abusive and in fact unconstitutional. Unfortunately for Senator Lucio the Supreme Court does not agree with me. This is the problem. A DA can believe Senator Lucio cannot be found guilty beyond a reasonable doubt, so to still punish Senator Lucio he can file a civil forfeiture action, which requires less credible evidence to succeed at trial.

I know a lot of people believe Senator Lucio is guilty. But my view of the merits of this type civil forfeiture action is not going to change just because of who the parties may be. It has long been the law of the US that a criminal can only be convicted on evidence beyond a reasonable doubt. The idea that this back door procedure can be used to punish an alleged criminal defendant on a lesser evidentiary standard should offend everyone’s sense of fair play.

Oh, my New Years was nice. I was invited to a party at Palm Resaca Retirement Community. I learned I can no longer drink even one beer. I was totally wasted after one Negra Modelo. I turned to water for the rest of the evening, until midnight. At midnight I had a little Asti. It was a nice evening with good company.