Friday, February 25, 2011


Ben Neece saw myself and Rick Zayas in the 357th after a hearing. I can see Ben Neece through the glass ordering Montoya into the court room to take our picture. I have consulted with an attorney who has done work with the Commission on Judicial Conduct and he told me the Commission will agree that Neece acted in retaliation for the ongoing investigation the Commission has against him at my request.


BUT FIRST, I did go to the VA clinic.  I just got back, although I took my nephew and brother in law to dinner after I left the clinic.  My doctor ordered my hormone levels be tested to see if they have dropped again or to make sure they are not at normal levels.  It will take until Monday to get the results.  After they took the blood the tech noticed I was out of it.  When the light headiness and fatigue hit I drop.  Which is basically what I did.  I was put in a room for a couple of hours - my blood pressure temporarily spiked. They did an EKG, because of the blood pressure.  I was released about 4 p.m., after several hours sleep.

I am not to drive for the time being, and could not drive when we left the VA.  My brother in law and nephew had to come get me.  I am home and will not be driving for a while, except maybe to Walmart which is maybe 2 minutes away.


You cannot sue someone and ask that the court declare them a vexatious litigant when they have no lawsuit against them.  This would be called an advisory opinion about a future lawsuit which may or may not be filed in the future.  I have no lawsuit against Freedom in state court.   I dropped the lawsuit.  Judge Murray on the record told Freedom's lawyers that he was confused with what was happening because there was no lawsuit in his court. 

The original lawsuit stems from the Herald accessing my checking account for a non-existed subscription.  I had settled the matter with them about 2 years ago, and then a year later it starts all over again.  They filed for bankruptcy.  I learned through the bankruptcy trustee and the court that I was not included in the bankruptcy and therefor my claim was never discharged.  In fact the trustee was kind enough to provide me the  federal appellate law which clearly states if a party is not provided the notice to file a claim then their claim is not discharged in the bankruptcy.  I non-suited several weeks ago after  I removed my claim to the bankruptcy court.

Judge Murray made it clear on the record there was no lawsuit on which to proceed.  This was abusive action by the Brownsville Herald for my successful campaign in getting people to cancel the subscriptions.

Montoya was told in no uncertain terms that Rick Zayas was in court as a witness and a witness only.  The issue which would have been in the court had Judge Murray gone forward was the ad printed by the Herald alleging Rick Zayas an I were working together, that I made false statements against Luci Longoria, and that a federal judge had found evidence of contract rigging involving Rick Zayas.  All of these statements were lies.  Rick was a witness to testify that these were all lies.

The Montoya and Neece knew this which is why the commission on judicial conduct will bring further actions against him for using Montoya to print further lies against me.  So you understand how moronic this is, had I subpoenaed Montoya to court then the argument is I am working with Montoya.

Why did Montoya not tell his readers he did what he did under the direction of Ben Neece or that Rick was strictly there as a witness - because lies is all they have.


Judge Alejandro recused himself from the case on his own motion.  He then gave the case to Rolando Olvera who removed himself from the case.  Judge Banales then gave it to Judge Alcala, over whom I filed an objection.  He is hit judge out of San Antonio to do dirty work.  I  filed the objection immediately.  Judge Banales then lost the election and abandoned his duties.  Judge Olvera was forced to clean up Judge Banales' mess.

In the process of cleaning up the mess I am certain as the day is long he failed to remember he had already removed himself from the case.  I am certain there was no intentional act of bypassing the rule of acting as a judge in case wherein he already removed himself.  To a person lawyers will tell you Judge Olvera is 100% by the book.  he is well liked among the lawyers who like by the book judges. 

 This was the problem today with Judge Murray proceeding.  Judge Rolando Olvera appointed Judge Murray - Judge Murray agreed that this is an issue for the Chief Justice of the Texas Supreme Court.  Once Judge Olvera removed himself from the case he cannot then sign orders related to the case.   Now there is a quirk in the matter - which is why Judge Menton Murray on his own motion decided to ask the Chief Justice for advice on the issue.

But again as Judge Murray noted there is no case - so why did the Herald ask for a hearing?  This is any one's guess.  I  suspect they are unhappy they cannot win in bankruptcy court so they are looking for a judge in Texas to rule in their favor.  Every judge knows that if a state judge issues a ruling in a case which is before a bankruptcy judge, the state court judge's ruling is void.

So facts matter - Rick Zayas was in court as a witness and nothing more.  They took out the ad against both of us - they joined us together - we have a right to defend ourselves.  It is typical of this pathological liar to not tell his readers the truth and to lie.  This time he did it at the insistence of Ben Neece and we have witnesses.


John Brussian threatened Rick Zayas.  This is not acceptable.  We were outside and this lying sack of shit told me the judge said I should not leave.  I checked with the court and Menton Murray had left the building and Judge Olvera was not even in the building today.

We were talking about the lie concerning Judge Hanen finding evidence of contract rigging - and this sack of shit lawyer basically denies it is a lie - so I said well maybe Mr. Zayas will be the next person to sue because he is the one the lie was told about.  Brussian in a very angry voice looked Rick in the face and then said we will come after you next.  This is threatening a witness and a  crime.  I will do a grand jury referral.  He then said at least twice but maybe three times to Rick if you continue to work with him, meaning me, they would come after him next.   I am not sure what Rick heard or did not hear because at that point Brussian was being so belligerent and abusive the yelling engulfed the entire discussion.  I really thought I was going to have to stand in between the two of them.

This is unacceptable - you have these thugs embarrassing Judge Menton Murray one of the most respected jurists in the area, and then threatening a witness.  They got caught lying about the bankruptcy and now find themselves having to defend the lies in bankruptcy court so rather than admit to their mistakes, they threatened to seek advisory opinions over non-existent lawsuits, threatened witnesses, lied about a bankruptcy and dishonored a respected jurist,.

Judge Murray made clear on the record there was no lawsuit over which to preside and that he made a mistake in setting the matter.  On the record I took him at his word.  Multiple lawyers I consulted with told me a mistake is the only possible explanation for what Judge Murray did in setting the matter over a non-existent lawsuit.  The case is over with unless the Herald chooses to continue - then they will have to deal with an abuse of process lawsuit.



I  was asked to investigate claims that Luci's son Eddie Leandro was hired in the nutrition department although he was not qualified.  I have verified through numerous sources Hector Gonzales ordered him hired over the objections of the selection committee.  Sound familiar?  I asked Rick today if he knew anything about it and you know what he told me - he told me not to do the story because Eddie turned out to be an asset to BISD.  That is the difference between honorable and being a piss-ant - you paying attention Luci - and I am only telling this story because of the lies of your mouth piece Montoya.  But I want to be clear - Rick was insistent I not run the story because Eddie has turned out to be a great asset to BISD. 


Anonymous said...

Did they give the other applicants the chance to prove themselves "assets." BISD hires who they know and do not even consider others who have better qualifications for the job. Everyone knows that it is who you know and not what you know! BISD is FAMOUS for this!!!! Did it or did it not happen, Zayas? Did you hire him because Hector told you to?

BobbyWC said...

You do understand Luci Longoria worked for Gonzales when Gonzales recommender her son over more qualified candidates - but my point is - Rick could have made this a campaign issue and he did not - why because he learn the young man turned out to be an asset for BISD

Bobby WC

Anonymous said...

Rick does not want to run this story because this is not the only case of people being hired because of who they know. In fact, this was a common practice during Hector's reign as interim super. In addition, there has been numerous equity adjustments in salaries for Board Member's spouses and acquaintances since Dr. Z's reign as well.

Anonymous said...

It is obvious that they lied about Mr. Zayas being a witness! They are not happy with BV reporting facts with evidence. Lying to the people has always worked for them up to now.

Anonymous said...

Who is Dr. Z?

Anonymous said...

I don't understand in what context you mean Ben Neece hangs himself. Are you saying he is literally committing suicide?

BobbyWC said...

The commission on judicial conduct has opened a formal investigation against Ben Neece for unethical conduct as a judge because of my complaint. The commission can issue additional sanctions if they find tje judge retaliated against the complaintant

Dr. Z was the super before Gonzales

I came to Brownsville when DSr. Z was in place - he, Gonzales and Springston in part survived because of their willingness to hire political hires based on pressure from the trustees - they are all equally guilty

This is in part why I have been such a strong advocate of the Regional Offices hiring and firing the supers - it will prevent this game playing

Bobby WC

Anonymous said...

Good idea!

Anonymous said...

The Dr. Z that they are referring to is Dr. Michael Zolkosky, who was the supt from 2003-2006. He was the one who had El Conjunto de BISD with Los Quatitos Cantu, all Drs. with a papermill diploma. He left when he was confronted with the facts about one of his degrees, or so I understand. Even then, the compadre system has been at full throttle in BISD.

Anonymous said...

Dr. Zolkoski left BISD to become the superintendent of Tulsa Oklahoma schools. He had one degree that was questionable but also had a PHD from the University of Texas. He is currently the Supt of Ysleta ISD which is in the ElPaso area.

Anonymous said...

Do you think the Regional Service Centers are no political. Give me a break. Most the employees there are are former teachers/adminstrators who didn't want to have to be accountable to a principal/superintendent.

BobbyWC said...

If it is government it is political - but at the regional level the trustees will not be able to control the super with fear of a political discharge

Bobby WC

Anonymous said...

I hate to break it to you guys, but a board member cannot keep any super from the political hiring practice, unless the injured parties file a grievance or take legal action. I also hate to break it to you, but my sister worked for the Houston Cy-Fair school district for many years and the only difference up there was the english version "Good Old Boys." Same shit happens over there! Unfortunately for us here, no administrator has the balls to wash these people out if they prove worthless. So if this Leandro gentleman worked out, great for us!

BobbyWC said...

It is important that people know he is an asset to BISD - I have rejected a lot of stuff on Sylvia Atkinson and how she was hired - why? because people who truly hate the corrupt 4 are telling me she is an asset to BISD and in fact has made money for BISD - she is more than paying for her job.

the issue is- the corrupt 4 want to accuse Springston of this corrupt hiring whlie never mentioning if the person is an asset - and while denying they have ever done it.

Longoria certainly did it for her son - it was wrong - she lies when she implies otherwise - but in teh end he is an asset to BISD

None of this will end until supers are hired and fired by the regional office -

Bobby WC

Anonymous said...

Why would anyone be against supers being hired and fired from the Regional Office?