Wednesday, March 16, 2011


PART TWO AND THINKING ABOUT THE COB ELECTIONS

Any candidate who promises roads or anything else during this budget crisis is either an idiot or liar and should be dismissed as a serious candidate.

Before I get into who is a good candidate I want to address the Silva matter.

The following is from the Court of Criminal Appeals - the highest court for criminal cases in Texas.

"("[Section] 20 provides a mechanism to release a convicted person of all legal disabilities upon successful completion of probation."); Hoffman v. State, 922 S.W.2d 663, 668 (Tex.App. - Waco 1996, pet. ref'd) ("Among the district court's several powers is the authority to dismiss an indictment or information against a convicted felon once he has successfully completed the terms of his probation."). That is, when a trial judge believes that a person on community supervision is completely rehabilitated and is ready to re-take his place as a law-abiding member of society, the trial judge may "set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty." (4) Tex. Code Crim. Proc. 42.12, § 20(a); (5) State v. Jimenez, 987 S.W.2d 886, 888 n.2 (Tex.Crim.App. 1999) ("Under Texas law, successful completion of probation allows the judge to dismiss some charges without a final conviction."). These words are crystal clear. There is no doubt as to their meaning. See Boykin v. State, 818 S.W. 2d 782 (Tex.Crim.App. 1991). (6)"

Rudy Cuellar v. Texas - NO. 0733-01

The question is did Silva under the rules apply to be released from the conviction upon completion of the probation. Neither the Herald nor his attorney seem to be addressing this question. This is where it begins and ends. Until we know the answer we have no way of knowing if he should be on the ballot. Again the Herald proves competence is not a consideration in its reporting.

What we need are candidates who understand the private sector needs to jump start the economy and increase the tax base through new businesses. But this cannot be done without the city's help.

The shopping center on Boca Chica where the old Target was needs property tax abatements to make the rent more affordable for the prospective tenant. This is the easiest way for the city to promote new business in the shopping center. The other option to to just allow the center to remain empty and in time become an eyesore.

The entertainment district downtown needs property tax abatements for 3-5 years to give the businesses a chance to succeed. If we are unwilling to give these new businesses a chance to succeed, then we will never develop downtown.

Anyone willing to build a parking garage downtown should be given a property tax abatement for how ever long it takes for them to make a predefined profit.

Brownsville can revive its communities - it will simply take a city commission with the business savvy to start granting property tax abatements as needed to start new businesses- not businesses simply trying to relocate to new locations.

I suggest we start looking at the candidates for mayor and the commission and see which understand the city needs to get serious about tax abatements to encourage new businesses versus those who continue with the same old lies - "vote for me and I will give you everything you want."

Sorry the BV was down on Tuesday, but I am tired - I am doing as I was told - staying in bed and giving the treatment time to work. In the afternoons I head out for hot tub therapy. I then come home and get in bed.

14 comments:

Anonymous said...

How long does Mr. Silva have to apply to have those convictions released after completing probation?

BobbyWC said...

I have no idea and really have no desire to check on it - what I want to know is - did he or did he not comply with the procedure -= The Herald should have asked the question and it would be done with - but tehn since when does teh Herald ever do its job.

Bobby WC

Anonymous said...

I won't be voting this time around for Mayor...for what?? They all promise the same things...same BS, no real commitment to Public Service without a personal "greedy" agenda.

Anonymous said...

It seems like politics is not a noble cause at least in Brownsville.

BobbyWC said...

I think this is the country as a whole - I am so on the fence about boycotting in may - more on this in the days to comes as I try and create this conversation.

Bobby WC

Anonymous said...

Got to wonder about the validity of any Cameron County election. As long as we continue to have an elections administrator who has problems with arithmetic we are dependent on the candidates and observers to add the totals for us and I trust them even less then I trust Ortiz's counting ability (or neutrality for that matter). Also, it disturbs me that Ortiz seems not to realize the importance of his error. He seems to want to dismiss it with the simple statement that he “made a mistake” but there are some tasks in which one mistake is too many. His mistake had the potential to corrupt the entire election. I mean, would you want a surgeon who only let you die once? Ortiz killed the election. It was only resuscitated by the recount.
And is there no end to hypocrisy? We now have Atkinson damning Silva for the very same offense he (Atkinson) committed (Yes, I know Atkinson was not convicted of a felony but drunk driving is drunk driving.) Though I know nothing about Silva, apparently his charges were far in his past and he has evidently been rehabilitated but Atkinson, who has never had the integrity to admit to his offense, is a recent offender. Atkinson seems to have trouble keeping a job, too.
Mescalero

BobbyWC said...

Thanks for a great comment - you know I took a lot of hits because I refused to cover Atkinson's employment problems - I saw them as the government trying to influence the election.

This is wrong - but if it is confirmed that Silva is qualified then I say Atkinson's employment problems are fair game - this was nasty trick

Once the City Secretary did her job - he should have let it go - I hate nothing more than winning elections by keeping your opponent off the ballot

Bobby WC

Anonymous said...

Atkinson was arrested twice for drunk driving, but not convicted because he was a sitting commisioner. It's okay to dismiss dui's if one is a sitting politician, but not okay for a regular joe to ask for the same treatment.

Yes, we want to find out Atkinson's employment status. Is he benefiting from all the promotions at the South er I mean Sports Park?
He allegedly had friends offering him compensation for promoting or advertising their businesses at the City's expense. Is this correct? Is this business venture still continuing? What happen with the free wi-fi for the city of Brownsville? Who benefited with the city's expense, and what did Charlie get from this?

Anonymous said...

Texas constitution Art. XVI §10 provides for limatation on those seeking election. The probation chapter 42.12 § 20 does not apply to DWI convictions.

Anonymous said...

Bobby, thanks for your fair coverage of this matter. I believe the crux of the issue is that Mr. Silva was never "finally convicted" as documented by his attorney adequately to the COB and further verified through his qualifying for an SBA Loan which clearly denies funding to any persons that were categorized as having been "finally convicted" of a felony.

Anonymous said...

Never finally convicted? He was found guilty of Felony DWI and given probation. Just because he fulfilled his probation means that he wasn't convicted? What are we talking about? I guess if you go by your reasoning then everyone who is given probation for a felony has the conviction taken off once they have successfully completed their probation. Traci Rhode will be glad to hear that. She was found guilty of murder and given 10 years probation. I guess after a successful ten years, she will no longer be a felon and be able to get a nursing license again, or maybe even get a teaching certificate and become a teacher.

BobbyWC said...

Where did I say he was never finally convicted? My theme has been mostly about the confusion behind the entire mess which is why I suggested the city check with DPS -

His lawyer to day in a letter or in the Herald, that we know of - has yet to explain who probation does not mean conviction.

As I noted from the beginning there is a law which allows for the reversal - but then a reader kindly pointed out the law does not include DWI

So I likw everyone else is very confused the city secretary seems to be going on a letter from the SBA - I think - which cleared Silva of any evidence of a felony.

This is not complex people - the DPS has the record - it is there or is not

This entire discussion is like firemen debating if turning on teh water will help put out a simple brush fire.

The answer is simple - but no one wants to be the one to turn on the water

simply run a DPS check - and then let the law guide the result.

Bobby WC

Anonymous said...

I was referencing the anon before me

Anonymous said...

I agree that the conviction should stand. I do not agree that the Traci Rhodes case and Silva's case is a fair comparison.