Monday, June 6, 2011

















ATKINSON TOLD HE HAS 30 DAYS TO GET THE STATE OF TEXAS TO SEEK A REMOVAL ACTION AGAINST JESSICA OR THE COURT MAY THEN DISMISS HIS LAWSUIT

At every level this case smells rotten - from both sides.  Jessica is either the dumbest person in Brownsville or so devoid of a conscience that her ability to serve the people is in serious question.  She left the courthouse walking to the car with her husband.  You cannot try and convince people you are estranged from your husband when you walk through the courthouse parking lot with that same husband.

Conversely, Atkinson's attorney is  a complete idiot.  He was forced to admit he never had legal authority to seek removal of  Jessica and that in fact what he is seeking is a  finding she does not live in the district so that he can then take it to the state so the state can file an action seeking her removal.  What was truly bizarre was his complaint he did not know why Mark Sossi was involved in the case.  Okay moron - I will tell you - you sued the city and made them a party.  Only the most incompetent attorney would have made the city a party to this lawsuit.

http://www.docstoc.com/docs/80252667/Charlie-Atkinson-Original-Petition-for-Declaratory-Judgement

There is more- I am checking on some of the case law presented during argument.  But another highlight was when Judge Bañales reprimanded Mark Sossi for accusing Atkinson's attorney of being full of crap.  This is not a mere he said she said discussion.  Atkinson is claiming Sossi told him and his local attorney Denis Downey that he should not file the lawsuit until after the election.  Someone is lying and the court has a duty to find out who is lying to the court.

I know people want me to just trash Atkinson and his attorney and protect Jessica, but as my regulars know the BV has no sacred cows. 

There is so much unethical conduct by both sides, it turns my stomach.  If you believe in being a watchdog for the community you deal in facts and law, not a hatred for Charlie Atkinson.  Charlie Atkinson's failure as a public official is not a basis to turn a blind eye to Jessica's conduct.

Okay Charlie - since you have hired an idiot for an attorney I will tell you what to do.  The rule is Jessica's intent as to residence.  In the case of John Loza, Dallas City councilman, I won before the grand jury because I was able to show that although he had two residences he intended to live in the one in the district.  We used bills as our primary evidence.  But the issue is not the evidence, but intent.  So if you can show that independent of the evidence the intent is not to live in the district, you can win before a grand jury.

Part of this case turns on a concept known as "quo warranto."  "Quo warranto proceedings are brought by the State of Texas to challenge a person's right to hold a public office; such proceedings have been authorized by statute since 1879. [8] It is the exclusive remedy afforded to the public to protect itself against the usurpation or unlawful occupancy of a public office by an illegal occupancy."  .... " We therefore conclude that any post-election suit challenging the winning candidate's eligibility must be prosecuted by the State in a writ of quo warranto. [18] Consequently, Cox does not have standing to bring this suit." Cox v. Perry et al,  138 S.W.3rd 515, 517 (Tex. App. -- Fort Worth, 2004)

What is clear under the case law is, Atkinson has no standing to bring a removal action, unless he can find a separate statutory provision which governors removal of city commissioners.  Technically Bañales should have dismissed the lawsuit today - but it was clear he was being wishy-washy and trying to play judicial activist. 

Early on, contrary to the plain language of the law to the contrary Bañales stated Atkinson had standing to sue.  He then reasoned that even if he could declare Jessica ineligible to hold office, he could not remove her so what was the point of putting the taxpayers through the expense.  You know what, if a person has a right to sue it is none of the judges business how much the lawsuit will cost.  But in this case the case law clearly states Atkinson has no legal authority to bring the lawsuit. 

Then as part of his stupid wishy washy approach he asks Mark Sossi, should not the city be concerned that Jessica is voting on matters which could be 4/3 votes only to learn later she had no legal authority to serve?  Again - a bullshit argument of a judicial activist.

Cheezmeh and others who could not give a crap about the community are so obsessed with Jessica they are prepared to allow for fraud to get what they want.  My personal dislike for Charlie Atkinson and his total failure as an elected official is not a basis for me to turn a blind eye to corruption or fraud.

My personal opinion - Jessica would have a hard time convincing me she has not committed fraud.  This is my opinion.

This is what Atkinson or anyone else who believes in right from wrong (well Atkinson does not believe in right from wrong) can do, take this to the grand jury on a grand jury referral.  He will need a strong attorney willing to go head to head with Villalobos.  Although this is every person's absolute right, Villalobos will try and block it.

Atkinson or any community group can argue Jessica lied on her application for a place on the ballot.  The grand jury will look to her intent.  If they believe her intent was to not live in the district, they can then indict her for lying on the application.  I am not saying she lied - I am saying the people have a right to bring this to grand jury independent of Villalobos.  It will take a strong attorney because Villalobos will use the full force and effect of his office to stop it.

There is also federal case law under the voting rights act.  If Atkinson through counsel can show that the state is effectively changing the election law through its inaction on the evidence, he may have a voting rights act violation.

When I read posts in the Herald from people saying they did not care if she lived in the district because Atkinson was such a failure, I was horrified.  These people are basically saying that in their mind it is okay if Jessica violated the law.  How would this be an improvement for the city commission?

Further, even if Jessica is removed from office, it does not mean Atkinson wins.  There will be a new election.  I would assume at this point that if a write in can beat Atkinson a regular candidate with his/her name on the ballot would have no problem beating Atkinson.

MARK SOSSI

It is true the city was sued by Atkinson.  But Sossi knows as well as I do that the city should not be in this fight.  He should have filed a plea to the jurisdiction alleging the city is not a proper party.  He is illegally representing Jessica at the expense of the taxpayers.  This is yet another fraud on the taxpayers.  Why is he doing it?  He is buying votes on the  city commission to insure is he not replaced. 

This case on all sides is rotten and just another reflection of just how corrupt this city is and how people who claim to be community activists are really just activists for their own corruption.

WHY HAS MARK SOSSI REFUSED TO OBTAIN PERMISSION FROM THE CITY TO REPRESENT THE CITY?

When the city is sued, the city attorney has a legal duty to put the matter on the agenda and seek direction from the city commission. Why has Mark Sossi failed to follow procedure? There was more than adequate time to put the matter on the agenda for Tuesday - why was it not put on the agenda?  Mayor Martinez has a duty to call a special meeting and demand Sossi explain himself - yea not going to happen. Nothing ever changes - just a new look for the corruption and contempt for the people.

19 comments:

Anonymous said...

Thank you for covering both sides of this.

Anonymous said...

stop posting comments on your own blog ... you know damn well no one reads your trash bullshit sorry excuse for a blog, period... why such cheezmeh envy? cause you could never in your wildest drug induced rants do to Quintanilla what they did? cause you could never stand behind a platform and get anyone elected to any office? lay off the alcohol and reduce your medication intake... you are sadly yesterdays news and guess what, no one gives a shit...

Anonymous said...

Bobby,
with all due respect, because we respect what you do, this is about the lesser of the two evils. Did you not see how difficult it was to get someone to run? If she fails, she will be replaced. Forget fraud! We are better off with her at least for a while.
thanks,
I. C. Justice

BobbyWC said...

I do not ignore wrong doing because the person is the lessor of two evils. the bottom line is, if Jessica is removed there will be another election. Atksinson does not get his position back unless he wins in an election. We need honest politicians

Oh, Erasmos - another tirade because you are being called out- you either stand for the community or your own corrupt agenda - I think the community knows where you stand.

Bobby WC

BobbyWC said...

To Erasmos my recollection of the facts are simple - I did not hide from my endorsement and support for Tony Martinez - you censored everyone who tried to tell the truth about camarillo an in fact blocked them from reading your facebook account - yea the record proves I take a position and endorse candidates.

But the BV is about being an independent voice will calls it based on the facts - I had no problem pointing out Tony's weaknesses and will continue to point out his weaknesses.

On not having Atksinson on teh commission - this is good - no matter what happens Brownsville is better off - but this does not mean we remain silent about whether or not Jessica lied about her residency.

When the lawsuit was first filed, and my posts here and on the herald show I called this - Atksinson had no legal authority to seek her removal.

But the fact he has hired an incompetent attorney does not mean everything is fine - it is not -

When you have a city attorney failing to seek permission from the city commission to represent the city and Jessica so open about being with her husband that she walks out the the courthouse with him to her car, if you care about the community you ask questions.

The attacks will come - this is battle not for what is good for Brownsville, but about whose corruption will prevail.

It saddens me Brownsville cannot seem to find honest people to run for office - or people will are professional enough to lead while taking on the hard issues.

Martinez will be a cautious mayor who will go along to get along. The most we can expect from him is no controvery. This is not leadership - it is going along to get along.

Bobby WC

Anonymous said...

How much influence did cheezmeh have on the city elections

BobbyWC said...

Well lets see, none in term of the mayor because erasmos was running cover for Camarillo - we saw how well they worked

As to Atkinson, long b4 Erasmos many people from many sources were after Atkinson.

I know for a fact the people in Palm Resaca have never heard of them, but they all or nearly all voted for jessica.

Atksinson self destructed long b4 the election. People were fed up with all of the arguing - any good Ahumada did was lost on the people because of his conduct on the commission.

Every group who supports any candidate helps to produce votes - in a close race that support can decide the election.

But they also went after Longoria and he won - he did not have the baggage Adkinson had so he did not enter the race sinking well to the bottom from square one.

In the end the people decide elections - Atkinson repeatedly hung himself every time he spoke. The only person who deserves credit for his loss is Atkinson himself - no one else - whether it was the BV, or cafe Brownsville or anyone else all we had were the words and actions of Atkinson - Atkinson killed himselve politically

And not that reality matters - but long before anyone else was going after Atkinson Chris Davis was all over him- no worked harder and longer than Chris Davis in putting the truth about Atkinson

Bobby WC

Anonymous said...

Thanks for the truth!

Anonymous said...

Thank you for all you do Bobby. I learn so much from your blog. We truly appreciate what you do.

Anonymous said...

Mr Bobby,

After a longggg day at work, I enjoy reading your blog because I see it as always on an even keel. You know, it's unfortunate that there are ALWAYS some type of shenanigans concerning Brownsville Politics....from school board broo haa haas to bickering back & forth..to checks being "mysteriously" deposited, the list goes on & on. IDIOTS is what I say.

Though at the end of the day, the PEOPLE have a right to know the truth..and when people run or are elected to office, it is THEIR responsibility to act rightly so, to expect the people of the city they so wish to represent know ALL the facts..and in some times, be held accountable.

What a calamity!

Til next time...

Anonymous said...

Bobby,
Is there any way you to prevent people who have been in trouble with the law from going to schools and photographing children and mingling with our children? I know of one that is doing this for one of these cults. Who should we contact to report this?
Who is responsible for making sure that these felons stay clear from our children?

Thank you in advance for any information you can provide to guide us.

BobbyWC said...

Onb the BISD security issue - if you believe their is a problem you need to file a report with the principal and the BISD police on Price near Hanna

Bobby WC

Anonymous said...

This blog is a great asset to Brownsville. It gives it's readers an honest reporting of all local politics. The BV loyal readers know that the other sources that provide information are run by special interest groups.

Anonymous said...

Dear Sir,



Thank you for your blog. I dont always agree with you but I admire and respect you greatly.

Charlie,

I know you are reading this.....Thank you for your service; now please go away! Once again your our wasting our hard earned money. Its okay to give up once in a while....this is such a time. ya....go rest and be with your family.

Anonymous said...

My hats off to you Bobby. I agree with you that the Cheezmosos are full of hot air! Erasmo and his sister Linda go around telling people that they are the "king makers" in Brownsville. They take credit for the removal of Atkinson Ahumada and Quintanilla. The city had enough of those clowns and voted them out Cheezmosos! Are you going to take credit for inventing the internet to Erasmo and Linda? The Cheezmosos are now meeting with candidates and extorting them much like Valley interfaith has done,...they intimidate by saying if you want our endorsment do this. Before being a watchdog group and looking out for the city from the "bad guys", look at your past! Do not throw stones in glass houses Erasmito and Linda.

Anonymous said...

Oh and another thing i agree with you Bobby, Atkinson did deserve to lose but to a candidate that did not have to lie about her residency. The Cheezmosos and everyone that supported and voted for Jessica Tetreu are a bunch of hypocrites. The Cheezmoso creed is to hold elected officials acountable to the truth and transparent. Yet they knowingly help a candidate get elected using lies. Unbelievable.

BobbyWC said...

I think a lot of people who voted for her did not have the facts - there was a string anti-Atkinson mood which has been festering for over a year.

Chris Davis spent years exposing him - Chris worked harder and longer than anyone on this issue.

But in the end people saw him on TV and truly grew to dislike him

Bobby WC

Anonymous said...

To annonymous 9:04 AM this is one of the reasons that there is so much voter apathy in Brownsville. You are correct!

Anonymous said...

People should get their personal life and their professional life in order before they get involved in politics!