Wednesday, December 7, 2011



CONNECT THE DOTS, BISD - HEALHSMART - TED PARKER CARLOS QUINTANILLA

People the BV is not back - I am just going to help people understand what is happening. Nothing will change - but someone asked a question in a comment and I want to elaborate on my answer

The Herald is reporting the Board voted for dismissal of the Healthsmart lawsuit.  A non-suit is self executing.  This means the judge does not have to sign an order of dismissal.  All Judge Euresti can do is use his inherent powers to find the non-suit is fraudulent and order a hearing.  He may be taken on mandamus to stop the hearing, but it will open the door to the appellate courts seeing the truth in the fraud.
A simple visual.

John Barr:  Healthsmart's lawyer in the Dallas lawsuit against city of Lubbock officials.

John Barr:   Cata Presas-Garcia's lawyer paid for by BISD in Joe Rod defamation suit

John Barr:     Carlos Quintanilla's lawyer in child support case

Danny Defenbaugh:  Auditor hired by Healthsmart to defend tHealthsmart in City of Lubbock case

Danny Defenbaugh:  Auditor hired by BISD at Presas-Garcia's request

Carlos Quintanilla brought to Lubbock by Ted Parker to influence elections.  Texas Ethics Commission investigated and sanctioned Quintanilla's and Parker's candidate

Carlos Quintanilla brought to Brownsville to influence BISD election

THE QUESTION WAS: CAN JUDGE BEN EURESTI REFUSE TO DISMISS THE HEALTHSMART LAWSUIT?

Yes, one big Yes.  He has inherent power as all judges do to prevent the court from being used for fraud.

BUT FIRST, LET'S CONNECT THE DOTS

Ted Parker for our purposes is Healtsmart. (It is noted he is no longer with Healthsmart, according to their web page.) He was sued along with Healthsmart by BISD.

http://www.docstoc.com/docs/107472910/healthsmartlawsuit


Page 4 of the lawsuit shows the dramatic increase in costs to BISD under Healthsmart.

CONNECT THE DOTS - THEN WHAT CAN BE DONE

Carlos Quintanilla and Ted Parker (Healthsmart) were both part of investigation by the Texas Ethics Commission.

Quintanilla's and Ted Parker's (Healthsmart) candidate in Lubbock was sanctioned when the Texas Ethics Commission learned the candidate failed to report in kind donations from these two -  I believe they found one allegation to be sanctionable.

http://lubbockonline.com/stories/060308/loc_285849407.shtml


http://www.ethics.state.tx.us/sworncomp/2008/2806242.pdf


Ted Parker had his attorney John Barr file a lawsuit against several city of Lubbock officials.  In the end Ted Parker and his companies had to pay a large sanction in the form of attorneys  fees.  They hired an auditor by the name of Danny Dafenbaum, and still had to pay $850,000 in sanctions to the city of Lubbock.

http://www.kcbd.com/Global/story.asp?S=13406801

Healthsmart is spending a small fortune to keep secret the city of Lubbock audit.  They are currently before the Dallas and Austin court of appeals to suppress the Lubbock audit.  The Austin lawsuit is against the AG. The Texas Attorney General ordered the audit made public.

http://brownsvillevoice.blogspot.com/2011/07/two-judges-two-cities-order-healthsmart.html

On June 9, 2011,  Brett Springston resigns.  On July 14, 2011, Defendant David Hall filed for Summary Judgment.

David Hall is one of the defendants in the Healthsmart lawsuit. Minutes 1:28:30 to 1:29:25 - Mary  Rey verifies that on the day Thompson and Horton were hired,  (December 9, 2010) they met at Cheddars. Mary was introduced to David Hall, a defendant being sued by BISD. Why was Luci Longoria having lunch with someone being sued by BISD?  Hall's lawyer can be disbarred and indicted for this meeting, if it is shown he knew about it and failed to report it to the court.

http://www.youtube.com/watch?v=f_LNw2QuSWI

WHAT CAN BE DONE?

Joe Colunga, Rolando Aguilar, an Minerva Peña can call on the TEA to take immediate control of BISD to save the Healthsmart lawsuit.  They will not.  These  three are more dishonorable than the majority 4.  They profess to be better, but yet do nothing.  At theIr request the TEA will intervene.

Assuming, Judge Euresti signs an order of dismissal on Thursday, the people have 30 days to reopen the case.  If it is true Carlos Quintanilla is to get a payoff, something no has proven to date, Ted Parker could find the payoff to be a big waste of money if the lawsuit is reopened.

The TEA can hire counsel for BISD and charge it to BISD.  The hired counsel can put the majority 4 under oath along with Ted Parker and Carlos Quintanilla.  The smallest amount of evidence to prove the court was used to commit fraud, and Judge Euresti can reopen the case with BISD's counsel being the attorney hired by the TEA.

A private citizen, as a taxpayer, can file a Petition in Intervention alleging fraud.  There will be an issue of whether or not a taxpayer can file an intervention to prevent fraud by the trustees, but the final decision will lie with the Texas Supreme Court.  It will take years going through the appellate process before Ted Parker will learn if he is really off of the hook.  Time is on the side of the people.  But of course this is all academic.  No one is going to go to the TEA, and no citizen will file a petition in intervention alleging fraud on the court.

5 comments:

Anonymous said...

Bobby people have gone to T.E.A. and so have some of the minority board members. T.E. A. has done nothing and appears to have NO authority to do anything. So what NOW, Mr. Bobby CW?

BobbyWC said...

You are wrong about the TEA - if they have been they did not present it correctly - further with the Rendon matter and this one we have a breach of their fiduciary duty which forms a basis for removal.

Bobby WC

Anonymous said...

You set it up perfectly, we just have to see if anyone will file the Petition. If no one does, I guess the corruption will continue.

Anonymous said...

Bobby'
TEA WILL NOT DO ANYTHING!!!!!!(I AM SHOUTING) because they are just as corrupt as these weasles. TEA will sit on this and hope it goes away and in time it will.
TEA is a business run by bureuacrats just collecting a paycheck and waiting to retire. TEA will not make waves!!!!!!
They are incompetent and lazy!!!!!


RANT OVER!!!!!
Thank you and God bless you always.
Good luck with your house renovations--amigo.

Anonymous said...

As much as it pains me, I must agree, to a certain degree, with Rant Over!!! TEA has been raped and left for dead by those people who felt that it was in the best interests of the state and its school kids to rip away jillions of dollars from public schools. Part of the ripple effect is that many TEA departments were decimated. I know that some departments were cut to one or two people. TEA is incredibly understaffed, it doesn't make it right it just makes it difficult for those of us who would like to see honesty and decency in BISD.
Hope you can hang in there just long enough to get us through this.
I am in Rockport so I don't get alot of the underground but I understand that the Board President had offered to step down. This would only make sense if she intends to run again and realizes that as the President she has a bullseye painted on her.
Hmmmmm