Tuesday, January 26, 2010


People need to know the backdrop to what happened so they understand the full picture. But first a question. We were in court on Friday last. The only legal option Noe Gonzalez had was to tell the bailiff to inform us he could not proceed until Judge Banales cleared the way. He did not, he spent over an hour trying to get me to drop the claims against him. His statement was clear - if I drop the claims he would rule the city ordinances I have claimed to be unconstitutional prior restraint unconstitutional. At this minute the attorney for the City of Brownsville should have objected and indicated the City’s intent to file its own motion to have Noe Gonzalez recused. She did not.

What do you think she should have done? I will explain why she did not act tomorrow. I am pretty tired and need to go back to bed. The medications I take to keep me awake are hard on the body and I cannot do it every day.

She knew this was going to blow up because while walking out of the court house when I asked her about the ethics of the situation she said “who needs to know?” Well first and foremost she has a duty to inform her client which is the entire Brownsville City Commission. As a lawyer she has a duty to inform the Commission on Judicial Conduct. When I tried to push the issue as she was getting in her car, she said “I do not want to hear anything because I do not want to have to testify.” She knew what happened was illegal, and she sat there ready to ignore the rights of her client.

I have always said, I am about the process to the end result and not the end result. Had Noe Gonzalez kept his promise there would be a Herald article that I won the right of the people to speak. But in my view at what cost? The corruption of the legal system would have been the cost. I am moving forward with FBI Director Mueller and DA Villalobos on my criminal complaint against Noe Gonzales .

This forces the DA and Ed Stapleton to demand Noe Gonzalez remove himself from the case of Joe Rubio. How can the DA conduct a legitimate investigation against Noe Gonzalez while he is asking Noe Gonzalez to issue rulings in a case which could send a man to his death? He cannot. If Ed Stapleton fails to seek the recusal of Noe Gonzalez, it will be an issue on appeal wherein Rubio’s attorneys will allege ineffective assistance of counsel. If they fail to make the allegation when the case moves to federal court on a habeas, the argument will be made. Trust me when it comes to the point of executing Rubio these lawyers will look for every shred of straw they can find for an argument.

If Villalobos does nothing and the FBI does in fact indict, then the entire Rubio proceedings become tainted. The cost to the taxpayers could easily be over $250,000.00, for what in the end will be yet another trial. Let’s remember Villalobos history in such a case. He dropped the criminal charges against Conrado Cantu only to have the Justice Department to indict Conrado Cantu. I believe Cantu got some 20+ years in federal prison.


I have three lawsuits pending in Cameron County. I had four but Wells Fargo settled the lawsuit. I believe they called me over 70 times demanding I pay them on my car note. Only two problems with their actions - [1] my note was with GMAC and not Wells Fargo, and [2] I was paid up several months in advance. Nothing I did would make them stop calling me several times a day. Their General Counsel sent me a letter claiming I was a liar about the number of calls. Yea, she changed her mind when I sent her my phone bill showing all of the incoming calls from Wells Fargo. They settled.

Another lawsuit is against the Herald. Over a year ago they paid me $100 for fraudulently billing my bank account for a subscription I never made. What the real kicker was, after I was assured the problem was handled, I learned that the Herald gave my financial information to another Freedom newspaper and then they did the same thing. I was assured that the matter was really taken care of after the second time. Well several months ago they did it again. This time I believe they did it from a newspaper out of South or North Carolina.

Most people do not sue over these things because they do not know how to and lawyers see no profit in it. So in the end Wells Fargo gets to harass you until you either pay or change your phone number, and Freedom gets to just keep on charging your account for a subscription you do not want.

The Herald case will settle for chump change after the bankruptcy stay is lifted. Mine is a case in fraud so it is not dischargable in bankruptcy. On a side note, because I know it is coming - when you attack me for suing Wells Fargo and Freedom, tell me what else I could have done to stop the harassment, because trying to work with them did not help, but the lawsuits stopped the harassment the day the lawsuits were received.

The other two lawsuits are the ones which are relevant to this story. One involves the City of Brownsville. It is for declaratory and injunctive relief only. This means no money damages are being requested. This lawsuit involves the policy of Pat Almighty and Mark Sossi shutting down speakers when they do not like what they are saying. We all remember how Mark Sossi ran cover for Melissa Zamora when a speaker sought to discuss her decision to do business with a city vendor even though she was a member of the city commission. This was clearly protected free speech being shut down by Mark Sossi.

This particular story is important because it shows how Melissa Zamora is willing to keep the people silent and protect Mark Sossi so long as he protects her. She will loose this argument in the end. She will have to explain her support for this contempt of the people’s rights.

Part of this lawsuit involves breach of two Rule 11 Agreements. On two separate occasions the city’s defense counsel signed agreements concerning the litigation. The first involved a settlement agreement which would have put an end to barring speakers from making personal comments about the commissioners, such as pointing out Melissa Zamora’s conduct. It also involved paying me $500.00 in costs of court.

This agreement was initiated by the city’s counsel, not me. Mark Sossi is the attorney for the city outside of court. He has outright refused to allow Ms. Leeds to meet with the city commission to present her recommendations. Had Mark Sossi not interfered with Ms. Leeds doing her job, Noe Gonzalez would not now be in the mess he is in. Mark Sossi is seeking to settle a personal score he has with me over my demands on his client Joe Colunga resign from the BISD Board and drop his lawsuit against Robert Sanchez. The taxpayers are paying for Mark Sossi’s personal vendetta against me. It lead to his client, the City of Brownsville being compromised in court. It has resulted in the City of Brownsville being sued a second time in ancillary proceedings over Mark Sossi’s refusal to honor the two Rule 11 Agreements. This will only further cost the taxpayers money.

Early on before I knew about the Zamora affair I asked her as a city commissioner to address Sossi's decision to block bringing the settlement agreement to the city commission. She said she would. That was the last I heard from her. What followed was the agreement she made with Sossi - she would protect him if he protects her. We all saw it play out on TV - Sossi blocked discussion of Zamora doing business with a city vendor. Zamora is everything wrong with Brownsville politics.

Judge Ben Euresti was assigned this case. After adequate time for discovery I filed with the court a request for a trial setting. Judge Euresti refused to set the matter for trial. I made repeated inquiries with his staff by phone and e-mail. Every phone call was ignored and every e-mail was ignored. This is not how honest judges conduct themselves.

I filed a complaint at the Texas Supreme Court level and Judge Euresti on his own recused himself from the case. Judge Banales then assigned Judge Pate (same judge in the Pat Almighty criminal trial). Judge Pate such as Judge Euresti ignored my requests for a trial setting. When it became clear to me Judge Pate would not set the matter for trial I filed an objection to his assignment. He granted same.

Now comes Noe Gonzalez - I have complained ad nauseam to Judge Banales that I was not sent a copy of the order assigning Judge Gonzalez. I have a right to a copy of that order so as to verify Judge Noe Gonzalez authority over the case. Judge Banales has made it clear I can go to hell before he gives me anything. Orders and notices which were being signed in both cases were not being forwarded to me. Judge Banales again made clear I can go to hell before he takes action. Judge Alejandro’s and Judge Euresti’s staff are clearly obstructing justice by playing with these records.

I first learned of Judge Noe Gonzalez’s assignment after I received a certified notice that I was to file a response to a motion for summary judgment as filed by the city. It came from Noe Gonzalez's office and not the court in Cameron county. I responded on a timely basis. Because of a non-substantive technical error I was forced to file the same response two days in a row. The second filing was merely a correction of a technical error. It was not even an error. At the last minute I had to hand write something in. The second time I filed it, it was typed.

On the 19th of January in an ex parte hearing (I learned it was ex parte on the 22nd when Judge Noe Gonzalez admitted to being in the room with his secretary and court reported directing the conversation) I learned that both of my filings were missing from the official record. You see not one but twice my response to the city’s motion for summary judgment was lost. Under the law Judge Noe Gonzalez was free to rule against me and that would have been the end of the lawsuit, well except I have filed marked copies of my filings with the court. Judge Euresti nearly got away with his conduct.

When I informed Judge Noe Gonzalez’s secretary that I in fact had filed marked copies of my responses I was asked to provide them to the court via e-mail. The secretary was in the process of providing me her e-mail when the court reporter grabbed the phone and informed me the court was not interested in my claims about the missing files. Given the totality of the facts in this and the other case I am about to discuss, I became concerned. We have judges and their staff playing with court records, and Noe Gonzalez's response is, not his concern. The official transcript of the hearing on January 22, 2010, will show Noe Gonzalez admitting to directing the words of his staff. He cannot say he was not party to what happened.

When he realized he got caught admitting to the ex parte he stated he could not act on protecting the record without a formal motion. This is a lie. Noe Gonzalez’s statement on the record that he has no authority to act goes against a plethora of Supreme Court case law on the inherent power of the court and Texas Government Code 21.001.

It only gets better from here, but I am very tired so I need to get in bed - more tomorrow



Fred D said...

Keep up the great work. This real life is better than the detective stories.
Better than Perry Mason. Actually the real stories are every bit as good as Earl Stanly Gardner's fictional attorney Donald Lamb who might resemble you from his description and passion for the law with all its frailties. -I have nearly all of the book series.-

Urnst said...

Your blog is the best in the RGV. Keep up the good work