Wednesday, May 26, 2010

THE ELECTION CONTEST - A LOST BATTLE IS MY PREDICTION

As with everything else in Brownsville, unless the FBI or Texas Rangers come in, nothing will be done to stop the fraud in our elections. Based on what I have learned on my own and what is in the Herald I am predicting Peña will loose his election contest. I worked on a very difficult election contest and won it for my client who was being sued. Peña's approach to the election contest is typical of how most attorneys practice law "I'll wing it and hope for the best."

These cases can only be won on the testimony of forensic handwriting specialists. Trying to subpoena 50-100 senior citizens to testify about their vote never works. The problem is two fold. He has to set a foundation of probable fraud as to each voter before any competent judge is even going to allow him to breach the sanctity of the vote.

In the case I worked on we knew the other side was guilty as sin in stealing mail ballots. We set up interviews of the senior citizens who were the victims. I gave up after three interviews. They were either outraged that someone was discussing their vote with them, or had no memory of the election. At the criminal trial when the DA tried to cross examine his only two senior witnesses one testified she handled her own mail ballot, and the other one testified she had no idea about the election or who my client was.

You cannot win these cases on the testimony of the voter - only a forensic handwriting expert can win the election for you. there is one issue, and this is ow the DA in the case I won tried to win the case. The Elections Administrator testified that the State of Texas considers the home a polling place while the voter has the mail-ballot. The State argued that it is illegal to campaign for a candidate within 100 yards/feet (do not remember) of the polling place. The argument was that because my client was going door to door telling people how to vote at the point they were filling out their mail-ballot he committed a criminal act. Now, getting the politiquera to admit that she did this could be an admission of criminal conduct.

Our defense was freedom of speech. The Elections Administrator admitted he had a hard time with the idea that the Dallas Morning News could issue its endorsements on the day the mail-ballots hit the homes of the voters and that is okay, but that the President of the Tenants' Association could not pass out push cards with the Tenant Associations endorsements om the same day The jury bought the argument.

Peña should have moved for the depositions of the politiqueras from day one. In my view his entire handling of the election contest is a comedy of errors. It would have cost him a lot less to hire an expert handwriting specialist than what it is going to cost him to serve 100 witnesses with subpoenas.

We are not going to solve this problem until the state legislature puts an end to the candidates paying one penny for the harvesting of mail-ballots. They also need to make it a 2nd degree felony for a candidate who pays for the harvesting of mail-ballots or pays for the stamps. As to politiqueras who do this, they need to be hit with a 2nd degree felony charge with a stiff sentence.

Jail time is the only way this practice will end. Between the difficulty of proving the senior citizen remembers the election, and the incompetence in the lawyers prosecuting these cases, the stealing of elections will be the norm in Cameron County. Maybe someday if we ever elect a competent and honest DA he/she will end the practice by hiring a forensic handwriting specialist to examine the mail-ballots.

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