Thursday, August 25, 2011


THE LIFE OF THE PRIVILEGED WHERE THE LAW DOES NOT APPLY

When I first received in the mail the order of contempt against Montoya for non-payment of his child support, I thought - why is this newsworthy - well by itself it is not. But then I went to the court house to confirm the authenticity of the order and learned when it comes to the VI-D Judge (child support judge)Judge Rosas - game playing will always be his way.

In the documents which I am posting, I am redacting all identifying information related to the children and the mother of his children. They have suffered enough.

The order of contempt shows that Montoya was ordered in August of 2009 to start paying child support of $300.00 a month starting on September 1, 2009. The order also shows that from November 2009 until February 2010, Montoya failed to pay his support, including medical support. The docket sheet shows the Judge Rosas appointed his favorite con artist lawyer, Louis Sorola to be Montoya's attorney.

http://www.docstoc.com/docs/91975926/scan0003

I say favorite con artist lawyer because in the past the BV did a story on a father who had part of his rights removed after Sorola agreed to an order taking away part of the father's rights. The father refused to sign the order and Sorola nonetheless authorized the judge to sign it against his client's will. The lawsuit was brought by the AG. It was a child support case establishing child support for three of the 4 children and contempt on the oldest child. There was never a lawsuit filed by anyone seeking to remove any of the fathers rights. In fact Sorola refused to pull a CPS case wherein the father was awarded custody of the children. Until this day we do not know who officially had custody of the children. In the end the father was not sent to jail because from the day he received a request for information from the AG he started to pay the child support directly to the AG before a lawsuit was even filed, or a duty to pay was even established by the court as to the other three children.  Before then the evidence showed he was supporting the children directly.

Anyway, on June 10, 2010, Sorola agreed to have his attorneys fees waived. Judge Rosas orders the Respondents to pay the attorneys fees of the court appointed lawyers. The docket sheet shows that not only were the attorneys fees waived so to was a $75.00 fee. By this point Montoya was providing Sorola free coverage in his failed lawsuit against the COB related to the bonds. In fact during this time Sorola's son was demanding the people or Brownsville give his son, Louis Sorola money to pay for the lawsuit or else he would drop it - well we know the result - Louis Sorola refused to do the lawsuit pro bono and it was dropped.

Unlike just about everyone else held in contempt by Judge Rosas, Montoya was fee to walk out of court and given 7 months until January 11, 2011, to report to jail. District Court Judge David Sanchez had no problem agreeing to this order of privilege for Juan Montoya.

After Montoya failed to appear in court (he may have still been in jail on his DWI - but the jailers would have taken him to the court had he simply asked) the court issued a Capias for his arrest.    After months of being allowed to roam free, on June 28, 2011, more than a year after he was held in contempt, Judge Rosas voided the arrest order and the sheriff was ordered to halt his efforts to arrest Montoya.  Judge Rosas then gave Montoya until December 1, 2011, to report back to the court and pay up.

http://www.docstoc.com/docs/91977267/scan0004

I can assure you this is not how everyone else is treated.  I know the case of a police officer's brother who was immediately dragged from court and put in jail.  His defense was he had no idea where his child was because the mother took off and he had not seen his  child in years.  While in jail he had possessions sold and paid his child support.  Montoya can certainly sell his car to pay his back child support.  I would think the medical care of his children and general welfare is more important than his car.  He can join the club of so many others and take the bus.

IT DOES NOT END HERE

His criminal history shows charges dropped for bodily injury related to domestic violence, marijuana possession, and DWI.

Ben Neece remains under investigation by the Commission on Judicial Conduct for allegedly converting felony DWI's to  misdemeanor DWI's for the benefit of Montoya and allowing him to repeatedly leave jail without having to post one penny in bail money.

http://www.docstoc.com/docs/74667895/ComplaintPDF

NOW I ASKED YOU -

Can one person have this many privileges in our legal system without the benefit of political corruption?

I am taking the case today to the chief of Child Support in the AG's office in Austin demanding an explanation for why the local office is allowing this to happen.  What is the point of their office if parents who refuse to pay child support can remain free indefinitely while his children go without.

I will also be putting this before David Sanchez, the judge who is actually assigned this case.  Why did he sign off on the original order which waived commitment, and why has he taken no action on this second order protecting Montoya from confinement for non-payment of his child support?

Now, I can only go on the information in the court file.  It is possible that since June he has paid his back child support, but it does not change the story.  Judge Rosas clearly provided Montoya privileges not afforded to all the saps sitting in jail for non-payment of their child support.


14 comments:

Anonymous said...

Bobby you should talk as if your life was picture pefect.

BobbyWC said...

Obviously you cannot read - or you do not undertand English - this issue is not the contempt - that by itself is not the story - the story is the privilege

On another post I rejected - the BV does not allow for copyrighted material to be posted as a comment

Bobby wc

Anonymous said...

This post is pathetic. We get it Bobby,...you hate Montoya....get over it dude

BobbyWC said...

Montoya defames people on a regular basis and tells endless lies - this post is based on evidence - not some fictious source not being named - again the issue is the justice system and not the contempt

Apparently you believe it is okay for the courts to treat some people with privileges and others just go to jail.

Given his endless attacks against everyone he claims are getting privileges - how then is it pathetic to report with real documents that he himself is the beneficiary of privileges in our courts?

Bobby WC

Anonymous said...

but you do dislike the guy right?

BobbyWC said...

Actually no, when he went to jail last year I approached McHale with ideas on how to help him when he was in jail -

This story I held because the contempt by itself was not news - had I just wanted that to be the story I would not have sat on the documents when they came in the mail - I did nothing for a week until I had time to check the file for an explanation as to why he did not go to jail

I just assumed that maybe the judge was going to give him credit on the other deal - I wanted to find out the story - but I knew if Sorola and Rosas were involved something was wrong - that is and was the story.

Bobby WC

Anonymous said...

why didnt you post my entries? If I was incorrect by all means please correct me. Or are you checking out the allegations?

BobbyWC said...

If it is the entry about sources - I cannot post it because it will compromise what I know is happening behind the scenes

Bobby WC

Anonymous said...

and you are perfect.

BobbyWC said...

This guys publishes lies and defamation against people on a regular basis - how many times have you published to his page - "and you are perfect." That is not the issue - the contempt is meaningless by itself which is why when I got it in the mail I did nothing with it - it was not newsorthy until I saw the privilege he was receiving - that is the story

I redacted the name of his children and the mother of his children - he has published stories without an ounce of concern for the children or innocent parties

You are not making thinks better - a person born alive with a brain would have let it go by now - the story dies - but no you people love to keep the stories you hate going

Bobby WC

Anonymous said...

Remember when the police were called to the home of Ben
Neece due to a domestic violence call and while there, they found marijuana? Do you know whatever happened with that?

BobbyWC said...

It was dismissed for lack of evidence as to who owned the pot - I can assure outside Brownsville an indictment would have followed - you home your pot - I am very careful about who comes into my home or uses my truck -

Even in my home people use my computer only under my supervision

Bobby WC

Anonymous said...

They probably smoked the evidence. Ben Neece should have been of the bench right after that. Unbelievable.

BobbyWC said...

The police took the pot, and there was never any evidence he had used it

Bobby WC