Friday, August 31, 2012


The complaint is well known to my readers. - see page 16 where original signed complaint starts

The timing could not be better, with the BISD election coming.  The initial complaint involved allegations he converted felony DWI's to misdemeanor DWI's for Juan Montoya, used his office as a judge to lobby Pery Ramirez of Organizacion Choferes Unidos to vote for Escobedo, Longoria, and Saavedra.  See page 16 of complaint of above for original complaint.

I later added retaliation.  They also had for consideration Mary Rey's deposition which tied Ben Neece to the PAC and Carlos Quintanilla.

I cannot say at this time which Canons they found he violated.  It is a Private Sanction.  Eventually their web page will be updated with summaries.  In the Private Sanction summaries they do not name the judge, but they state the facts related to the judge.  When that becomes available hopefully someone will cover it.  Remember come next Friday if the election contest is done, the BV is done.

And for the idiot who will post some dumb comment that I am violating the order by disclosing this - the confidentiality is imposed on the Commission, not me or Ben Neece.


Pery Ramirez on August 24, 2012, was suspended by BISD.  This is a clear black and white violation of her rights.  My source for now is an anony post I got.  I was investigating and have run into walls.  I am trying to learn if she has an attorney.

"Quintanilla posted pathetic gross lies about myself and other on this page, has ripped off BISD and gave us Cati Presas... he is now setting up Chirinos, Barbosa, Powers and Mine in a slate to make sure he continues to control BISD."

Now we all know this is a bold face lie by Erasmos.  Why?  Well he is mad that Linda Gill, his  friend is friends and on the phone with Carlos Quintanilla.  I get you do not out a friend.  But to bold face lie about who Quintanilla backing so you can help a  friend who is on the phone with Quintanilla is another thing.


Cheezmeh has the potential of being a great page for all of Brownsville.  Its real danger is when idiots like Donald Clupper posts comments telling seniors to not pay their taxes because they cannot be evicted from their home.  I do not have access to posting at Cheezmeh so I asked Erasmos to post my comment warning people to ignore Clupper's advice.  Erasmos refused and just let the bad advice stand.

Being a moderator is no easy task.  But when you decide that you are going to back people like Linda Gill for no better reason than she is your friend while ignoring the fact she has told you she is on the phone with Quintanilla making promises, or Donald Clupper for no better reason than he using your page to promote himself, you change the potential of Cheezmeh. 

People will have strong and differing opinions.  A well moderated page will show that - but a bold face lie is not about strong and differing opinions.

But when you bold face lie and say   he (Quintanilla) is now setting up Chirinos, Barbosa, Powers and Mine in a slate to make sure he continues to control BISD."

you are telling the people of Brownsville to go boink themselves.

I have said nothing about Cheezmeh's essential silence on BISD once he realized his friend (Linda Gill) was in bed with Carlos Quintanilla - I understand the friendship problem - but this Erasmos - do you really believe this has not done major problems to your credibility?

It is all sad because in the hands of a good moderator- who will correct people when they make stupid statements about the law.  Cheezmeh has done good things, and will continue to good things - but I must say when Erasmos posts bold face lies about who Quintanilla is backing, he does a  disservice to all of the people who rely on Cheezmeh.

And for the record, your reasoning for not covering Quintanilla's foreclosure is bogus.  The reports are clear - it had nothing to do with taxes.  This was a pathetic attempt to further run your cover for Ernie.  Carlo's foreclosure was about not paying his mortgage - it had nothing to do with taxes.  It is newsworthy because it shows he needs money.  That is the entire reason he is in Brownsville.

Further, your claims about how the IRS works is 100% wrong.  I have worked with many federal agencies and the IRS has the best employees of any federal agency.  They work hard to work with people.  They have no desire to put businesses out of business.  People who do IRS work know if you want to come out happy with the IRS - just be honest.

If Ernie hired the right people the IRS will waive all interest and penalties and then reduce his bill to somewhere between 50-75% of the original bill. 

The IRS is not some monster you want people to believe they are.  They are hard working people who find honest compromise with everyone who is honest in their dealings with the IRS.  All honest people win when they work with the IRS.


Below is from my June 4, 2012, post related to BISD nothing has changed.

"I will not be party to helping a new group take control for control of the contracts. I have been lied to so many times about any day now lawsuits will be filed or that a city wide campaign will be started to educate the people of Brownsville about the truth at BISD. It is all lies. I will not be played anymore."

"The BV will not be party to such a treachery on the people of Brownsville"

Nothing has changed.  The BV is up because of the election contest.  BISD has become an issue because I need to keep my readers busy while I wait on information related to the election contest.  Hopefully, it will be over with come Friday.  If it is, the BV will be down.  No one will be authorized to review the archives. 


Everyone says the children, the children - none of the candidates even seem to know children attend BISD.  It is 100% about controlling the money and contracts.

Whether the current board stays in office or a new board is elected, nothing in  terms of the children will change.  They are not even on the agenda.

Someone tried to post a comment alleging I am endorsing one side or the other.  See my comment above - I am not. 

I have done nothing but trash Otis Powers - how in god's name is that an  endorsement.  I stand by my name for Peña - no vale la pena Peña.  All current BISD Board members are worthless and could not care a rats ass about the children.

This endless tit for tat is not helping the children.  You have not read a  nice thing written by me about Barbosa or Chirinos in terms of their views on children. In fact the Barbosa/Presas-Garcia race is a 20 year old feud between Pat Lehmann and Butch Barbosa.  It has nothing to do with the children.

So please, anyone who claims I have endorsed them is lying.   

"The BV will not be party to such a treachery on the people of Brownsville"


The government cannot balance the budget without drastic tax increases on everyone and drastic cuts in the budget. Both would tank the world economy. Europe is on the verge of economic collapse - Ireland, Spain, Portugal and Greece are broke.

You cannot take a trillion dollars out the US economy and expect all to be well.  It will destroy the US economy.  Millionaires can afford to pay more taxes.  I have never bought the line of $250,000.  It may sound like a lot but in many states it is basically a middle income wage.

We cannot continue to borrow - we cannot tax - we cannot do the type budget cuts needed.  I do not  care who wins - nothing will change - the deficit will continue to grow at record rates. 

The problem is, both parties are looking at the same old remedies.  Neither Party is willing to admit our old system has failed.  It is time to deal with this reality.  The only thing left to raise revenue is for governments to go into business.  The first step is to stop giving away natural resources for pennies on the dollar.  It is time the American people own the oil wells and mines on federal lands.  It is time the profits go to fund the government and balance the budget.

Brownsville other than a lack of insight, could own a major import export company by picking up on the Pan Am model.  It could turn into a major source of revenue to fund the city.  I can assure you there is no one in city government who has a  clue about what I just said.  They want a new terminal at  the airport because of a capacity problem.  But they remain clueless that Boca Chica Blvd is well past capacity.  The airport needs to be moved to 511, with a new 12,000 runway.


Thursday, August 30, 2012


After he swears under oath about renting from Mama Perez at 312 St. Charles, at minute 2 Mary Rey, the owner of the home calls him a liar.

Instead of playing games, Carlito - just say it "My home was never foreclosed on."  Yea you just will not say it, because as my emails prove, Tim Fleet and I did talk via email exactly as I said.

This is not even a challenge - nothing Ted Parker does will get Carlito to shut up - nothing - again this is not even a challenge.

Oh, I learned today, Powers, Barbosa, Pena, and Chirinos will not be raising the Healthsmart or Ted Parker issue.  They do not believe he is backing anyone this time around.  They do not want anyone talking about the refiling of the lawsuit out of fear Ted Parker will intervene in the election.  Now you know the name of the four complete idiots who are unaware the cat is already out of the bag, and the stench of Ted Parker is already all over this election.


Apaprently the bad check is from a 2011, case.  There was an insufficient bond issue.  A new bond for $1,500 was approved, after his arrest.


UPDATE:  Pobre Carlito - he cannot speak without deceiving.  So Ted Fleet's lawyer calls Tim Fleet and reads him the riot act over speaking with me.  I said emails btw.  Tim Fleet calls Carlito and under threat from his lawyer denies the truth.

Just two of the emails from Tim Fleet:

I foreclosed on his house. He still lives there.

Tim H Fleet
Direct: 817-717-7133
Cell: 817-929-9021

On Aug 26, 2012, at 6:09 PM, "Bobby Wightman-cervantes" <> wrote:
When does he have to get out - we are not sure on what the status is in getting things filed.
Response from Tim Fleet.
How long do you need?

Tim H Fleet
Direct: 817-717-7133
Cell: 817-929-9021

On Aug 26, 2012, at 7:33 PM, "Bobby Wightman-cervantes" <> wrote:

Oh Carlito, it was Tim Fleet's in house counsel who told me about the documents involving your sister.  Have at it Carlito - take Tim Fleet down.
According to Jail Base (first caught by Jim Barton) Quintanilla was arrested again.  The reason is what makes this important.  Another bounced check.  He is desperate for money.  His home has been taken from him, and he is facing loss of his children in a custody battle set for next month.  His attorney withdrew for non-payment.  His level of danger is such that yesterday he lied and said he could not post on the web page he claimed under oath he controlled.  Ted Parker (Healthsmart) must have torn him a new one.  He is at home festering that he is being told to stop posting to his Ted Parker bought and paid for web page.

The key to this is understanding the Lubbock connection.  This is a must read from a Lubbock reporter, explaining why Lubbock got $800,000 in sanctions against Healthsmart and a $4 million dollar settlement, while BISD got zero.

If you subcribe to the Herald hardcopy you are the reason none of this has been reported.  Danial Cavasos for more than 2 years has ordered a news blackout.   You can call AIM Media at  956-683-4060 - demand to speak with Jeremy L. Halbreich.  Demand an explanation and threaten to boycott the Herald over its news black out being enforced by Daniel Cavasos.

"The settlement came, I believe, because of the pending local elections. The incumbent mayor—thought to be sympathetic with Parker’s side-- was being challenged by a credible mayoral candidate. Another council seat was being vacated and a candidate who had done media consulting for John Barr—Parker’s attorney—and who had tried to get a candidate elected two years ago (a candidate known to be championed by Carlos Quintanilla) announced over a year before the elections that he was running for the opening council seat. With the known relationship with the Parker side and with a credible challenger filing for the seat at 5:00 the day of the filing deadline, this candidate was forced to declare before the election that he would recuse on all Parker/Healthsmart related issues…this made his election moot for the Parker side and he ultimately lost his election. With the rumors running rampant that the incumbent mayor was seriously behind in the polls, the HealthSmart side got very serious about settling their case before the council turned over. We believe that the council rejected one offer. Then the offer for $4,000,000 came and was accepted approximately two weeks before the city elections. The incumbent mayor went on to lose by a 65% to 35% landside."


Donald Clupper What is her age? If she is 65 or older they can't evict her by state law."

Here is real advice from the SOS.

Why is it, Brownsville can be so drawn to people advocating con jobs?

Donald Clupper knows he is being played so that Presas-Garcia wins and does not care.  His ego tells him it is better BISD lose the $14.3 million dollars than he not run and split the vote between himself and Barbosa.  His decision proves he cares more about his ego than the children of BISD.  The ballots have not been printed, he can still drop out.

Really people, do you want someone who tells seniors they do not have to pay their property taxes overseeing a $500 million dollar budget?

Donald, the people want to know, how many if any phone calls have you gotten from Carlos Quintanilla?

Mary Rey and Andre Duran have dropped out of the BISD race.  The only spoiler left is Donald Clupper.  He is fully prepared to have BISD lose $14.3 million dollars to satisfy his ego.  I never published any thing on Andre Duran because all I could learn is he is a professional in the pharmaceutical industry.  He is also on the Board for Ronald McDonald house in Harlingen.  It would have been nice to learn more.

Wednesday, August 29, 2012



A little clarification up front, Ernie is not being charged with a crime. He is just in IRS collections. But for everything they could never get Al Capone on, in the end he did time for tax evasion. People need to remember this tale - always think outside the obvious.   See article in Herald

Tuesday, August 28, 2012


A QUICK NOTE ON MARY REY:  By withdrawing, it improves, but does not guarantee Arg Miller will lose.  I am not an Otis Powers supporter - in fact the record will show I accused him of inaction on the Gonzales matter when he ran against Presas-Garcia.  In two years Mary Rey can claim she was a team player this election and ask for support in a race against Luci Goosey Longoria.  I believe she will get it.  Don Clupper has made clear it is better that BISD lose the $14.3 million dollars to Healthsmart than do the right thing.  Right or wrong Barbosa has the resources to win, Clupper does not.  Ego is a very dangerous thing and Don Clupper may be remembered for costing BISD a chance to recover $14.3 million for no better reason than his ego. Linda Gill, because she can't, has failed to deny the charges that she has been in contact with Carlos Quintanilla, and was a big player in delivering the mess which cost BISD $14.3 million dollars. 


I received a lot emails from people to post an update if for no other reason so Carlito will have one of his delusional meltdowns and provide entertainment for Brownsville.

Carlito throws down the gauntlet and tells Brownsville I would never get away with going after him in Dallas the way I do it in Brownsville.  Really?  Let's check the facts


Carlos Quintanilla is effectively homeless.  His home was foreclosed on after the bankruptcy judge denied his reorganization and he failed to make payments on his home as ordered by the court.  According to Carlito, not me, the state district court judge denied his temporary injunction to stop the  foreclosure because I spooked her.  Yea, Carlito I think the facts speak otherwise to your claim you own your Dallas turf.

I say he is effectively homeless because Tim Fleet whose company now owns the home has given him 60 days to either get a new mortgage, or prove he can afford to rent his former home until a buyer is found.  How do I know all of this.  Emails from Tim Fleet.  If I am wrong Tim Fleet is the one lying.


The great man who is loved by all in Dallas, garnered 286 votes in his race for the 33rd Congressional race.

Source:  FTW Star Telegram

Other than what his campaign put on the web he got nearly no coverage.  The Dallas Morning News did do an article mocking him for claiming he would win the race selling tacos.

According to the federal elections commission he only basically raised enough money to get his name on the ballot and start his campaign.

On 5/18 and 7/31, he was sent notices from the FEC related to failure to file his campaign reports.  There is a shocker.

Jim Gallagher of Fly Frontera gave him $2,000.  Soon enough we will find out why.  Below is an article detailing why Fly Frontera was rejected by Brownsville.

When you look at his donations, without the Chicago money and Jim Gallagher money Quintanilla would have had nearly no money at all. Where was his Dallas support?

At the time of his filing for a place on the ballot, without the $2,000 from Jim Gallagher, and $2,200 from donations out of Chicago, Carlito would not have raised enough money to pay the $3,175 filing fee to place his name on the ballot.  Think about this - it took Chicago money and other out of state money just to raise enough money to place his name on the ballot.  His Dallas support was virtually non-existent.

Carlito continues to claim ready to sue everyone over losing the Fly Frontera deal.  Good luck with that one Carlito. 


You see, when he was trying to get the money from Brownsville (Fly Frontera), his home was facing foreclosure.  He went to Tim Fleet, holder of his mortgage, with the Fly Frontera documents telling him the money was coming from Brownsville any day.  When Tim Fleet asked him why his name was not on the documents, Carlito explained why he and Jim Gallagher had to use Quintanilla's sister's name.  Remember how they were telling us Carlito was not really part of it.  Key - Tim Fleet knew of the attempt to mislead Brownsville, but all he cared about was his money.

In my discussions with Tim Fleet he was very forthcoming about Quintanilla - he hates the man.  It took him nearly two years and lots of attorneys fees to foreclose on his home.  All communication came to an end when I asked if the reason he is giving Quintanilla 60 days to vacate the house was similar to when he stopped the foreclosure over the promise of the Fly Frontera money.  I asked if he was presented information from Ted Parker indicating Quintanilla would be able to afford the rent or possibly even come down with the down payment on a new mortgage.  For a man who was free and loose with his words about Quintanilla, the discussion went dead silent.  I have not heard a thing since.


If the majority changes in November the new Board will refile the $14.3 million dollar lawsuit against Healthsmart.  This simple reality should be in every flyer sent out every day by the candidates.  This is why Ted Parker is back in Brownsville by and through Carlos Quintanilla.  The Lubbock election proves this.

Now  remember, Royston Rayzor will be taking the case on a contingency - so the cost to refile the lawsuit and prosecute it will be zero for BISD unless they win. 

The following is an email I received from a reporter in Lubbock explaining how the $4 million settlement came about.  This is a must read if you are to understand what is happening with the BISD election and why Quintanilla needed to be brought back.

"The settlement came, I believe, because of the pending local elections. The incumbent mayor—thought to be sympathetic with Parker’s side-- was being challenged by a credible mayoral candidate. Another council seat was being vacated and a candidate who had done media consulting for John Barr—Parker’s attorney—and who had tried to get a candidate elected two years ago (a candidate known to be championed by Carlos Quintanilla) announced over a year before the elections that he was running for the opening council seat. With the known relationship with the Parker side and with a credible challenger filing for the seat at 5:00 the day of the filing deadline, this candidate was forced to declare before the election that he would recuse on all Parker/Healthsmart related issues…this made his election moot for the Parker side and he ultimately lost his election. With the rumors running rampant that the incumbent mayor was seriously behind in the polls, the HealthSmart side got very serious about settling their case before the council turned over. We believe that the council rejected one offer. Then the offer for $4,000,000 came and was accepted approximately two weeks before the city elections. The incumbent mayor went on to lose by a 65% to 35% landside."

This is simple - if the current majority retains control the Healthsmart lawsuit will not be refiled.  If a new majority takes control, at no cost to BISD the Healthsmart lawsuit will be refiled.  It is a simple question, can BISD use the $14.3 million?


Texas is an embarrassment to humanity.  Oklahoma needs to stop sucking so Texas can just fall off into the gulf.  It's a joke - deal with it.

To fair in my post, the timing of the ruling is 100% to embarass the Republicans, and to take away from their message during the convention - between  this and Isaac - the Republicans will be lucky to get any positive news out during the convention.

I have said it before and will say it again - no group threatens our democracy more than the judiciary.  Massive judicial reform at both the state and federal level is needed.

It is sad that what is probably a valid ruling is to be tainted with the political motivation behind the timing of its release.

Monday, August 27, 2012


Don Deleon is going to be at the Holiday Inn on the expressway, not Holiday Inn Express, from 6:30 to 10 tonight collecting signatures.  Even if you voted in the primaries still go to sign.  Normally your signature would be invalid, but the federal court order says § 142.009 is being waived.  It is better they strike his petition  because of bad signatures than Don not having a chance in the first instance.  It will be for Don to argue the federal court order waives application of § 142.009 of the Texas Election Code.

This is not about supporting one candidate over another - it is about the people demanding ballot access.



Apparently Judge Banales called the attorneys in today, as I predicted, and did an informal pretrial.  Michael Cowen announced he was not ready for trial - hint hint - untimely objection to Banales for delay.  Judge Banales announced he cannot try the case next week.  Apparently Cowen may get his way as Judge Olvera is now looking at replacing Banales because of his unavailability.


I was not in court, but the events have been reported to me.  According to the redistricting federal court order the deadline for Independents to submit their signatures for a place on the ballot is August 30th and not June 29th.   Texas Secretary of State Esperanza Andrade appeared in court while her attorneys asked that the federal redistricting court order be overruled by Judge Banales.  She said nothing.    Judge Banales just making up the law as he went along gave Don Deleon until 5 p.m. Tuesday to submit his signature.  The federal court order says Thursday at 5 p.m.

Here is the federal court order setting out the deadlines.

At page 9, ¶ bb it states that the deadline for independents is June 29th, but then says see § 142.006 of the Texas Election Code.  § 142.006 resets the deadline to 30 days after a runoff.  The Runoff was July 31, 2012.  Under basic math and counting 30 days is August 30, 2012.

Sunday, August 26, 2012


I have confirmed that the clear plants to insure the continued corruption at BISD are Presas-Garcia, Susan Bowman, Arg Miller and Linda Gill.  I  can confirm that upon subpoena Carlos Quintanilla's phone bill will show his communications with Linda Gill. Further he has formally endorsed her.  Further, any candidate who takes out an ad with Montoya needs to be outed as the con artist they are.

Linda Gill was an all too willing participant in bringing about the current mess.  For the record, Mary Rey is also responsible for this mess.  I can say with certainty the reason her deposition was not continued was a concern that she had lied under oath on several occasions. Once a lawyer believes as a witness you have lied under oath, they will no longer trust you.   While impossible to prove, the consensus was when she said she did not know about the ads, she was lying.  In hopes of getting help for her son, she sold every child in BISD up the river to a convicted felon.  No one in their right mind would even consider voting for Mary Rey.

On Linda Gill, after I called for information she took down her Facebook page.  A lot the posts I got were links to things on her Facebook page.  She has now deleted all of them. 

I am being told Linda Gill is reformed like Mary Rey - I do not believe it - the only thing either of these two can do to prove they are reformed is to drop out of the race while publicly denouncing the  corrupt 4 and Carlos Quintanilla.

Time is short - the ballots have not been printed.  If they fail to withdraw I think they are both in for a shocker as to how much damage can and will be done to their reputations. 

This changes nothing as to my shutting down after the election contest.  For now as information comes to me I will consider posting it.


Because of Mary Rey,Susan Bowman, and Linda Gil, Arg Miller and Presas-Garcia will win among others.  I  see no scenario wherein Otis Powers beats Arg Miller so long as Mary Rey remains in the race.  In fact even with Mary Rey out, I do not see how Arg Miller does not win.  The Herald will not print the truth.  If you speak to people close to Otis Powers he is telling everyone Gary Long has promised an article to take down the corrupt 4.  Otis Powers will go to his grave waiting for that article.  He has been repeating the same pathetic excuse for no action since February. He actually believes his own delusions.

In the end, while I can provide people the information they need to know who not to vote for, it will not matter - Otis Powers, Minerva Pena, and the other candidates will never lodge a campaign to educate the people or Brownsville.  In fact it is too late.  Neither can nor will win.

So for now, I am anxious to getting back to not blogging - it is an exercise in futility.  I guess that is my ego talking - versus the non-ego of those who think their blogs make a difference.  Well at least the BV provides documents and evidence which everyone else loves to quote and use, albeit sometimes plagiarized.
[Image of 5-day forecast and coastal areas under a warning or a watch]


For two days Isaac was stable as to it directopn - it's landfall was expected over the western Florida panhandle. With the death of Joyce the storm veered east and stayed there. This morning it has veer at bit west again. I suspect MS/LA will probably get hit. We will not even get any rain out of it.

Saturday, August 25, 2012


As is always the case with the BV, rather than use incoherent nonsensical conclusory statements which do not even relate back to anything anywhere, the BV is providing its readers with a copy of the lawsuit.

This lawsuit is not a slam dunk.  There are several immunity doctrines which could be urged by Defenbaugh.  There are other potential problems - but since I do not have access to all the evidence - I cannot say with certainty if the case can be proven.


I need verification of this statement. 

"Linda Gill, Argelia Miller and Shirley Ann Bowman are friends with Presas-Garcia."  I am very worried about plants. 

At this time I can say with 100% certainty Donald Clupper is either a plant or incredibly ignorant of reality.  When he first contacted me he demanded I answer all of his questions before he would answer mine.  This guy is actually asking for my endorsement and refusing to answer questions.  One way or the other, in order to answer his questions I would have been required to give up information from my sources related to Presas-Garcia.  I did not play.  Then he contacted me claiming Butch Barbosa is corrupt.  Proof - none - we all know how that nonsense goes over with me. 

Now he is implying Butch Barbosa and the Bond Committee are responsible for the costs overrun at VMHS.  This is a bogus lie.  The Board voted for the Change Orders - not the Bond Oversight Committee - they were powerless up against the contract rigging being promoted by the board.  In fact his line against Butch Barbosa is nothing more than a repeat of lies on the same issue pushed by Carlos Quintanilla at the urging of Presas-Garcia.

For now, I will assume Donald Clupper is just not in tune with reality - this is better than accusing him of being a plant.

Finally, and all my long time readers know I hate when candidates use children in their campaigns.  Don Clupper is so out of tune with his own grand children's emotions he finds it acceptable to post a picture of his granddaughter crying.  Who in Gods name would do that?  My long term readers know I went after Robert Sanchez for the same identical issue.  My long  time readers know I went after Peter Zavaletta for posting pictures of his children during his campaign for DA.  Nothing like telling the drug lords what your children look like.

Donald Clupper attacks the BISD Administration for wanting to micro manage the classroom, but then makes clear as a Board Member he wants to micro-manage the BISD administration.  Both ideas are wrong.  The teachers need to be left to teach - if they fail - fire them - but stop micromanaging them.  We do not need another Board Member who wants to micro-manage the BISD Administration.  Donald Clupper is not a good candidate for Trustee.

People you need to carefully study the candidates - otherwise you will just be voting in the same board so many seem to want to get rid of.

On this call for help, unless you have a link or pictures to prove what you are saying, I will not publish through any comments.  I will try and verify what you are saying and if I can verify it I will inform my readers.  The BV will not be used for Anony lies to hurt or help one candidate or another.

Friday, August 24, 2012


An anonymous post which I rejected because the language was kind of harsh, and two separate phone calls are informing me that at about 5 p.m. Ruben Pena filed an objection to Judge Banales from hearing the case.    I cannot confirm this, although I trust my sources.  I will not allege this as 100% fact until the objection is posted as part of the record to which I have access.


I am just trying to be helpful.  Again, I am the prevailing attorney.

According to the court's docket sheet, on August 6, 2012, Judge Olvera appointed Judge Banales.  Calculating court deadlines is not as easy as it sound.  But assuming I give Pena every rule which could extend the 7 day deadline for objecting to a visiting judge, none of them get him to the 24th of August.

The Texas Government Code provides for the following:

"(c) An objection under this section must be filed not later than the seventh day after the date the party receives actual notice of the assignment or before the date the first hearing or trial, including pretrial hearings, commences, whichever date occurs earlier. The presiding judge may extend the time to file an objection under this section on written motion by a party who demonstrates good cause.

(d) An assigned judge or justice who was defeated in the last primary or general election for which the judge or justice was a candidate for the judicial office held by the judge or justice may not sit in a case if either party objects to the judge or justice."

I am particularly proud of part (d).  It was added to the code after my  win in Flores v. Velasco

Had I filed such an untimely or even timely object to a visiting judge, we all know I would be attacked for delay and unethical conduct.  For the record the rule does provide for sanctions when a person files an untimely objection for the purpose of delay.

Several sources have told me that Michael Cowen is in Dallas next week.  I have not published this before because I found it too bizarre to be true, given the fact the clock is running.  So maybe it is true and this is why Ruben Pena filed the objection to Judge Banales.  We shall see what happens next week.  It will be Monday before I can confirm Ruben in fact filed an objection to Judge Banales, and if in fact Cowen is out of town.


While looking for the court of appeals opinion Pena v. Hernandez, I learned that Ruben Pena filed a last minute mandamus with the Texas Supreme Court. Here is the basic problem - the court of appeals ruled on September 20, 2010, and Ruben failed to file his mandamus until November 2, 2010. When Ernie Hernandez asked for an extension of time to file his appellate brief, Ruben should have taken the matter to the Texas Supreme Court. With the clock ticking the Court of Appeals gave Ernie what he needed to run the clock. In the same way Michael Cowen’s and Ruben Pena’s inaction have allowed Erin Garcia to run the clock, Ruben’s in actions in 2010, allowed Ernie to run the clock.

The mandamus filed by Ruben Pena is not only incoherent, but indicated to the Court Ruben had failed to do his research. The mandamus was easy - had it been filed on September 20, 2010. The Texas Constitution had changed and the printing of the ballot doctrine no longer made the case moot in his case.

No, Ruben chose to prove to the Court his lack of knowledge of the law, and the unreliability of his research. Further, the court was not going to help someone who waited more than 40 days to file his mandamus.

At page 10 he informed the Court it has no inherent powers. Wow - that’s gutsy - Not even I have ever been that gutsy. He is simply wrong. Great strategy, wait 42 days to file your mandamus, insult the court, and then misstate the law. Yolanda Begum never had a fighting chance.

Below is from the mandamus I won against Judge Ann Ashby in Dallas. This is the case wherein I eventually sued the Dallas Dioceses among others for conspiracy to steal my client’s documents. My client was the whistle blower who exposed the conspiracy between the then Administrative Judge, Pat McDowell (then Governor Bush refused to reappoint him for his role in the conspiracy) Darryl Jordon, Chief pro bono lawyer for the State Bar of Texas (his firm had donated millions to the State Bar in free legal representation in the IOLTA litigation) and others. People are unaware but client’s money is to be placed in trust accounts wherein the interest is paid not to the client but the State Bar for redistribution to legal clinics around the state such as Legal Aid.)

Contrary to Ruben Pena's declaration the courts have no inherent power, they do. When a lawyer so consistently gets the law wrong in an election contest, why in God’s name would Yolanda Begum hire him as one of her attorneys? Of course when it is all done with, Yolanda will blame everyone but herself.

"See Eichelberger, 582S.W.2dat389. "The [i]nherent judicial power of a court is not derived from legislative grant or specific constitutional provision, but from the very fact that the court has been created and charged by the constitution with certain duties and responsibility." Id. (emphasis added.) The inherent powers of a court are those which it may call upon to aid in the exercise of its jurisdiction, in the administration oflustice, and in the preservation of its independence and integrity. See Eichelberger, 582 S.W.2d at 398."

I want to be clear. I believe criminal acts were committed in the securing of the mail ballots. But because of incompetence the court will never get to the truth. A well informed lawyer would have asked that Judge Banales shorten the answer time to 3 days with a pretrial hearing on day 4. There was just no law or interest in the law how this election contest was filed and prosecuted.
[Image of 5-day forecast and coastal areas under a warning or a watch]


Joyce is weakening thereby allowing Isaac to veer east. This morning it looked like it was coming in at the AL Fl border.  As you can see, it is now veering eastward. If Joyce heats up against the storm could move westward again. My guess is if it moves westward again, it will never move further west than eastern LA.


If Isaac hits Tampa, it is the work of the devil to help the Democrats.  If Isaac misses Tampa, it is God telling the American people the Republicans are the chosen ones.

Thursday, August 23, 2012


ADDENDUM:  I got so wrapped up in explaining the process I  forgot my to make my point.  All of these motions filed by Erin Garcia's counsel are simply to run the clock.  On Notice to the SOS, all Mike Cowen needs to do is certify he has provided notice.  He can provide notice in the morning.  On the issue of failing to state a claim, if the motion is valid Mike Cowen simply needs to amend before the hearing.  If he waits until being ordered to do same, it is then Mike allowing the clock to run.

Apparently Mayor Martinez's law partner has decided to represent Erin Garcia - so the Herald says.  I am not sure what was filed in the case, because I have not seen it.  If it is true that Michael Cowen failed to follow Section 241.003 of the election code, it will blow my mind.  If the allegation is true, Judge Banales lacks jurisdiction to proceed until the Secretary of State is noticed.

I did some quick legal research on this issue and cannot find wherein this has been an issue on appeal/mandamus in the past.  The SOS is a mandatory person to be noticed.  You cannot normally proceed in a lawsuit until all the parties are served. Is noticed the same as served for jurisdictional purposes.  I do not know.   It is possible the appellate court could find this is not jurisdictional.

If the allegation is true, it is consistent with the other part of Erin's defense.  Michael Cowen has failed to specifically plead a cause of action.

If want to see how an election contest is done - read this

It seem to me Michael Cowen did not bother to read the election code before filing the lawsuit.  Judge Banales' cannot dismiss the lawsuit on this issue.  It sounds like a Special  Exception has been filed, but I am not sure.  The issue concerning the SOS should be a Plea to the Jurisdiction.  If the court has no jurisdiction until the SOS is noticed with a copy of the lawsuit, then Judge Banales cannot act other than to abate the lawsuit until the statutory requirements are met.  If he does act, Erin Garcia would have a solid mandamus.  Hopefully her attorney knows questions of law in an election contest are taken on mandamus and not appeal. 

On the issue of failure to state a claim, the court must provided the plaintiff an opportunity to cure before dismissal of the lawsuit.  The problem is, in this case it may be moot by that point.  If Michael Cowen had a half a brain he would read the election code and properly plead the case before it comes down to a hearing. 

The clock is running, and of course instead of blaming herself and her son for failing to hire a qualified attorney in Election Contests Yolanda Begum will blame Tony Martinez and the Democratic Party.  This is what is lost on Yolanda Begum, being a judge or good attorney is not about a result.  It is never about the result.  Justice is not the result.  Justice is loyalty to the process.  Sometimes the process will get it wrong, but on balance it does not.  This is what separates the US from tyrannies. 
[Image of 5-day forecast and coastal areas under a warning or a watch]


With each update, Isaac veers further west. Yesterday morning is was going in on the eastern side of Florida near Miami. Now if the current path holds other than some rain Florida will not even hear from Isaac. Until Monday, this storm is any one's guess. But for now Isaac is clearly veering west, which could in a week put it near south Texas.  A lot will depend on how Joyce pushes on Isaac.

Life has taught me people hate when I deal in reality. BISD is hopeless. No one is running worth voting for. Yes, Presas-Garcia needs to go. But multiple sources have told me that neither Don Clupper nor Butch Barbosa will pull out.  The Herald will never print the truth.  The Herald will not accept ads which tell the truth.  Presas-Garcia can win in a  three way with 34%.   Any candidate who tells you they are the only hope suffers from delusions of grandeur.  No one is the only hope.

Some people may think that Otis Powers has an easy win.  Really?  He lost to an illiterate moron who was in bankruptcy when she beat him.  Arg Miller could easily win this one.

It is way too late to try and educate the people.  Had Otis Powers kept his promise about SAVE BISD, the settlement never would have happened.  The people of Brownsville would have known the truth and the majority never would have spent $1.5 million on settlement. At this point I put 100% of the blame for the settlement on Otis Powers.  While we can all agree he is a better option than Arg Miller, so what? - he remains only interested in this election for his own gains.


None of the blogs have expressed outrage.  With Yolanda Begum and CAVA backing Arg Miller, no blog will be expressing outrage.  Cheezmeh gets an A+ for multiple posts to try and raise outrage, but the reality is only a handful of people expressed outrage.

You cannot win battles based on what the voices in your head are telling you.  The people in Brownsville have no idea what is happening.  It is too late to educate them.  You can thank Otis Powers and his lies about SAVEBISD for that.


Several weeks ago several friends came to Brownsville to convince me to help with a business they want to create in Brownsville.  I said no - hell no.  I knew I was going to win the discussion when one of them said "you've got to be kidding me, they still have not fixed Iowa?"  "Yep"  I said " - our city commission is filled with morons.  They have no idea the message Iowa sends to prospective investors"

I took them to SPI to stay for a couple of days.  They could not believe how bad the hotel service was.  They could not be believe how bad the food was at every restaurant.  Even a family member of mine who had been here several weeks earlier could not believe how down hill the restaurants have gone.  Oh, and do not stay at La Copa - I did not know customer service could be that bad.

What was the business deal?  The investment was going to be about $500 - $600 thousand for a full service gym - including pool, racquetball, basketball, and steam room, TV lounge  and porters with coffee in the locker rooms.  Next door was going to be an after work cocktail lounge with appetizers and then a piano bar later in the evening.  Finally we were going to put in a soup and salad bar next door.  We know from experience in other cities this type combination will bring in high  dollar clientele.

When they left, they agreed with me - Brownsville is not the place.  I think the disaster which is Iowa  convinced them Brownsville's leadership opposes moving forward.  In the next couple of months we will look at a location in NW San Antonio.

Wednesday, August 22, 2012



This is newsworthy because, assuming Erin Garcia plans on filing her answer on Thursday, Judge Banales could on his own motion set a pretrial hearing for Monday.  The reality is, Erin Garcia does not even have to file an answer.  The code prohibits a default.  So technically, Erin Garcia could avoid filing an answer thereby running the clock even more while Michael Cowen tries to firgure out what to do.

On Monday at 10 a.m. Judge Banales will hear Don De Leon's temporary injunction.  The court records indicate someone signed a TRO today in the case and set bond at $500.  

I have no idea what the TRO says because I do not have access to that part of the district clerk's system.
[Image of 5-day forecast and coastal areas under a warning or a watch]


The first view of Isaac this morning showed it had moved a little bit more eastward for landfall, but now with this storm Isaac shows to be moving more westward. If this unnamed storm continues on its path it ill move Isaac more westward before landfall. This means Isaac will come into the gulf. We are many days away from knowing the reality of Isaac - maybe by Monday.

Tuesday, August 21, 2012


Every time I hear this  I laugh so hard - the kids today have no idea what real comedy is.

There is no news on the election contest.  We all know what is happening there - Erin Garcia is running the clock.  What I cannot understand is why there is no action on the Don DeLeon ballot access case.  I called Janet Leal's court and was told Judge Olvera has taken over the case.  I called Judges Olvera's court and got a  run around blaming Judge Bañales. 

While the clock is running, we have Judge Leal and Judge Olvera passing blame.  Where are the rights of the people?  As we know this is Cameron county where justice is not even an inconvenience of being a judge.

How do we keep on reelecting judges who care so little about the law.  Don DeLeon should have been walking for signatures this weekend.  By the times these judges give a damn there will be no time for collecting signatures.  Democracy is so dead in Cameron county.  Hopefully the next time these two are up for reelection the people will remember how little regard they both have  for the electoral process and ballot access. 

Cameron County, Texas where you either steal election with politiqueras or you use inept and corrupt judges to keep your opponent off the ballot.
[Image of 5-day forecast and coastal areas under a warning or a watch]


The remnant of the storm which brought us rain today, was looking quite similar to this one at this point. I will say this is the second view I have had since they have been putting out the cone. In this one, it moved north. In the last one with each update it moved further south. We will have a better idea tomorrow.


No news on the election contest - sorry.

First of all, I am not endorsing anyone - but in the race with Presas-Garcia, Clupper, and Barbosa, people who might be able to influence either Clupper or Barbosa, need to sit down with these two and force one of them to drop out.  One has to take the message from King Solomon.  If neither drops out both will rightfully be sent packing.  Splitting the anti-Presas-Garcia vote guarantees Presas-Garcia wins.  If neither drops out before the printing of the ballots, then we can fairly say both care more about their egos than  the children.

Here is final summary of Presas-Garcia's bankruptcy.

Her creditors were left with over $17,000 in unpaid debt. I could not imagine owing $17,000 in unsecure debt. Obviously many people have well over $17,000 in secure debt - house, car etc. Secure debt is meaningless in bankruptcy because it is secure - you either make the payments or lose the property.

Here is her original filing.


Based on the information which has been provided to me, no one is running worth voting for.   But someone needs to read Mary Rey the riot act - it is not that I particularly support Otis Powers, but Arg Miller is definitely not an option.  I am waiting to see if CAVA and Yolanda Begum get behind Arg Miller.  She is tied to both.  The day I confronted Yolanda Begum about taking down Erin Garcia's sign Yolanda told me all the accusations against the corrupt 4 were all lies.


The biggest challenge in this election is the Herald will not report the facts.  Where is the story which put BISD in a stage 3 with the TEA?  Where is the story that children who go to Rivera can now ask to be transferred to another high school?  People still do not get it.  Daniel Cavasos will not stop until Brownsville is a city filled with bumbling idiots.  He will never allow for the truth about the criminal conduct of the corrupt 4.

This election is a wash.  It is sad good people were not willing to run.  I have received endless emails and phone calls from people saying the same thing.  How come no one is running?  Trust me I can trash all of the candidates who have announced.  I will not.  We are screwed - plain and simple.  The most anyone can hope for is to send Presas-Garcia packing, and that will not happen unless Clupper or Barbosa drop out.

I  cannot wait for this election contest to be over so I can shut the BV down, again.  BISD can make the most rational person not want to care about anything

Monday, August 20, 2012


Normally, Hollywood types having health problems bore me and I hate they are considered newsworthy. But this case is different.

My long terms readers know that every August 1st, I discuss women and heart disease. My mother died of a heart attack on August 1, 1977. Three things strike me about this story.

First, she needed to go to google before taking an aspirin.  Last week at bingo I was blown away to learn that not one of the senior citizens knew the importance of aspirin in controlling strokes and heart attacks.  How is this possible.  If you have chest pains pop a baby aspirin.

Second, she did not immediately go to the doctor.

Third, here is a woman worth millions, and she either never bothered to have a cardio work up as she approached 50, or she did and the tests proved fruitless.  In my family I  can tell you the stress test with nuclear dye is worthless.  We now have three documented cases where the test is negative and within 24 hours there is a problem.  One sister actually died within 24 hours of a normal stress test.

To all my female readers - take control of your heart.  If you have insurance demand the proper testing.  When the doctor tells you are imagining things - find a different doctor.  Now unfortunately, acid reflux is a false alarm all too often.  Before I pop a nitrate I always drink a glass of soy milk along with  taking 4 Gaviscon.  If the chest pain goes away, I know it was gas.  If it does not I pop the nitrate.  I maybe pop 2 nitrates a year for possible angina.  It is a precautionary thing.

Baby aspirin is cheap - you should take one every day.  You should have some in your glove compartment, purse, brief case - you name it.  You never know when you or someone else may need it.

Sunday, August 19, 2012


As promised I am providing some incite into the Villalobos/Limas mess. 


But, first there are a lot or rumors about a possible settlement with Hector Gonzales. Here is the scoop, if there is a settlement including the Trustees who were sued it has been approved by the FBI. I have been assured that the matter is under a very active investigation. I hate talking about this, but rumors do not help.  It is important things are in context.  It will be a very good thing if people can get citizens to the meeting to protest.

When I put out word that I was about to file a lawsuit against FBI Director Mueller to compel indictments against the corrupt 4, Art Rendon, Ben Neece, Jaime Escobedo, Hector Gonzales, and several others, I was told to wait until after the presidential election. I was told the FBI wants a settlement because the snare will be bigger and the jail times will be longer. It will not matter if ACE insurance consents to settlement because the issue is the back door dealing and the obstruction of justice. If people want to protest - all the better - but be rest assured, if search warrants are not issued by January 2013, such as I sued FBI Director Mueller to investigate and indict Judge Limas and Armando Villalobos, I will be on a plane to Washington DC seeking a similar order as it relates to the BISD mess. In this case I will be including the corrupt 4, Ben Neece, Hector Gonzales, Jaime Escobedo and Art Rendon in the lawsuit and others.

The FBI and TEA are fully aware of the TEA findings against Hector Gonzales.

This is being viewed in the context of all the contract rigging evidence the BV exposed. Anyone who wants those documents can go to the BV and search for rigging - top left hand corner.

Another part of the investigation involves the ongoing complaint against Ben Neece with the Commission on Judicial Conduct. The original complaint begins on page 17.
But the kicker remains the million dollar contract Antonio Juarez, Pat Lehmann, and Art Rendon gave Jaime Escobedo just days before Enrique Escobedo voted to give Art Rendon his job back. Also BISD’s refusal to provide Joe Colunga or the public the true copies of the Rendon settlement remains an issue under investigation.

The documents showing the million dollar contract given to Jaime Escobedo by Rendon, Lehmann, and Juarez, 15 days before Enrique Escobedo voted to reinstate Rendon are below.

On April 6, 2010, Enrique Escobedo voted to keep Art Rendon under contract.

He did this just 15 days after the BHA authority voted a $1,057,156.90, contract to Jaime Escobedo’s company Valley American Contractors. In the attached documents who seconded the motion to approve the contract? Art Rendon. Both Jaime and Enrique Escobedo list 55 Galonsky as a business address.

People let them settle - if my source is correct in asking that I be patient, any settlement will only enlarge the snare of those who will be indicted and died in federal prison. The good news is, not a one of them think they are being watch - they tend to find credible the writings of moronic bloggers who when they cannot refute facts turn to detractions and deception.

On the election, without indictments, their majority will continue. All they need is to win one seat. Presas-Garcia has assured her race will be a three way. The anti Presas-Garcia vote will be split between two candidates thereby insuring her reelection.

I will not accept comments on BISD. I only included this because there seems to be a lot of anger out there. I just want people to know what is going on behind the scenes. I will not discuss BISD with anyone or comment on any of the candidates. I will keep my commitments on this.


If President Obama wins reelection Villalobos along with James Dannenbaum will go to federal prison. Multiple sources have told me Villalobos brags about how the case will be dismissed after the election. He is betting Romney wins thereby allowing Romney to replace the US Attorney for the Southern District with a Republicans hack, You will then have the Republican hack in teh Western District, meaning Robert Pittman, and whomever gets the job for the Southern District agreeing to dismiss all charges.

But if Obama wins, Robert Pittman will be relieved of his duties forthwith and the new US Attorney for the Western District will bring James Dannenbaum into the indictments. This will take down Governor Perry and Senator Cornyn.

My sources are telling me the Obama Administration intends to hit hard on Texas and end the mess created by the Republican Party, which makes Cameron County Democrats look like amateurs. My sources have been telling me that Gilberto Hinojosa will be forced to resign as the Democratic Party Chair.

The Obama Administration sees the collapse of the Republican Party of Texas key to the Democrats taking control of the Senate in 2014/15. They are also determined to insure Governor Perry for his ties to Dannenbaum is so damaged that any Democrat can win the governor’s house. This will posture Texas to be in the hands of the Democrats for redistricting come 2020. If you understand politics, strategizing for 2020 redistricting is well under way.

So here is the deal - if Romney wins, Villalobos walks - if Obama wins, Robert Pittman is removed as the US Attorney for the Western District of Texas and Villalobos, Dannebaum and others go to federal prison.


Saturday, August 18, 2012


Below is the lawsuit.

I do not care who you are, I will support your efforts for ballot access.  The more the better.   The primary case he cites, In Re: Robert Francis is on point.  It is not disputed his petitions were defective in that they did not say the 34th Congressional District.  But the Texas Supreme Court has held that the candidate must be provided an opportunity to cure.  The SOS appears to not have provided him the opportunity to cure.

Of note, Texas Supreme Court Justice Nathan Hecht had the same problem, and the Republican Party provided him an opportunity to cure.  Even locally, when Yolanda Begum did not properly request her recount, rather than deny it, Jared Hockema provided her an opportunity to cure.

This is not an endorsement of Don DeLeon - it is an endorsement for ballot access.  Now to be honest, since I will never vote for Filemon Vela, or a Republican, come November Don's name may be the only option. 


I will not take the time to explain this program. If you do not know, google it. But basically every week a new Head of Household wins a contest. He/she gets to put up two house guests for eviction.  This season has been real boring because it is basically going back and forth between two players. 

If you know the show you know you can pay for live feeds 24/7, which is not really 24/7, because every time a house guests says something they should not say, the feeds go down and production calls them in.

Apparently the BigBrotherNetwork is reporting the feeds went after the HOH reported CBS production tried to pressure him into who he should not put up for eviction.  The followers of the show have long suspected the game to be rigged, but now with a live feed from the HOH verifying it, it seems CBS has no credibility on the issue.


Michael Cowen gives new meaning to unconscionable conduct.  He is the typical self absorbed narcissist - "do not talk about me because I am special, but I will lie about and destroy any one I need to to deceive and mislead the people."  Michael you cannot run from the acts of your cocounsel Ruben Peña and his work with CAVA, or your client.  Man up Michael and take responsibility.

I nearly pissed my pants laughing when I read  about Montoya's demand that his drivel be used as evidence.  You do not need spies when they are actually publishing their inner strategy for everyone to see and read.  I also had no problem securing a copy of the questions CAVA presented to Judge Cascos.  Remember, I was an invited guest, except that I was spared being directly exposed to the nonsense.


If they knew they were not going to turn over all of these so called affidavits to Judge Cascos, or Roger Ortiz, what was the point of putting the claims into writing?  It was an extreme pathetic attempt to influence Judge Cascos.  But Judge Cascos being an educated man, saw right through it.  The only thing they accomplished was publishing to Erin Hernandez and her lawyer their trial strategy.  The more they play this game of claiming to have evidence and refusing to release it, the less credible they appear.  Until the affiant is crossed examined, any and all claims are worthless. 

My real concern is they are tainting evidence which could in fact be used to put some of these politiqueras in jail, and possibly any number of candidates.  Because I believe the real weak link here is Linda Salazar I am pursuing that evidence.  If you take down Linda Salazar, she will squeal big time about the politiqueras and the Hernandez family.

Montoya of El Rrun Rrun commented: "I don't know if any of you have read the accounts of election fraud detailed in my blog, but those accounts are backed up by affidavits that will be presented in the coming trial. That includes the activities of Amadeo Rodriguez."

This is actually interesting at multiple levels. First of all affidavits are worthless at trial.  They will not be admitted into evidence.  You either call the witness so they can be crossed examined, or you have nothing.  These idiots actually think they can hand the judge affidavits and he is going to believe what is in them without allowing for a cross examination of the affiant. 

Imagine you are a scared old woman being approached by these pathological liars.  They say to her it is illegal to vote from a van unless she might suffer an injury if she tries to get out of the van.  Now you are an old woman, not quite sure who these people are who are in your home, what do you do?  You do what any normal person would do, who is scared to death - you fudge the truth to a half truth to protect your own interests.

CAVA is in part Ruben Peña, Ruben Peña is also one of Yolanda Begum's attorney.  On this issue of collecting affidavits what happened last time Ruben Peña went after seniors who did not vote for him?

"Pena, who is attempting to gather enough witnesses to overturn the election results that resulted in his loss to Ernie Hernandez by 49 votes, apparently is resorting in trying to get enough voters to say they did not know who they voted fr when politiqueras mailed in their ballots.

But for Sylvia Cisneros, the methods his attorneys and process servers are using smack of intimidation and coercion.

"This is not right," she said. "They can't allow this kind of behavior to continue like this. Now we're really glad we didn't vote for him. If he doesn't watch out, he might end up getting charged and sued himself."
Was Montoya lying when he made these claims against Ruben Peña, or do the courts and the Texas AG need to be concerned Ruben Peña is at it again in trying to intimidate voters into signing false affidavits.


 CAVA seems to think they are the first group to try this con job.  The courts are  fully aware of the con job which is why centuries ago the use of affidavits as opposed to a live witness were barred.  What happens when you get these witnesses on the stand is, the entire story which normally includes false or misleading information having first been feed to the witness comes out.  This undue influence on the witness causes things to go down hill from there.


CAVA claims to have all of this evidence but will not release it because they intend to try and blindside Erin Garcia with the evidence at trial.  So now they admit, because they must, they have yet to present any evidence to Roger Ortiz, but yet continue to destroy his reputation with lies of stonewalling.


On this issue Yolanda Begum's attorney questioned in strong terms CAVA's bogus claims.

"Thus far, I have no criticisms of the way that Mr. Ortiz or the Civil Division has treated me."

The fact of the matter is, Roger Ortiz could have invoked the litigation exemption in responding to any Open Records Request related to this matter, but he did not - he got his staff on it  right away.  I can assure you less honorable Election Administrators would have invoked the litigation exception and made Michael Cowen issue subpoenas. 

People of conscience have empathy - Mary Flores has no conscience.   At first when politicians would ask me what is Mary Flores' problem I would say, "she is ignorant and just does not understand how she is being played."  But now that it has been proven to her that she lied about the election judges, and her response is to call me the "crazy guy" for pointing out her lie, it is fair to now say she has no conscience.  A person of honor would have issued an apology to Roger Ortiz.

You know when I was wrong in saying Dr. Natalicio of UTEP was the first Latina university president, (her maiden name is actually German), I immediately sent an apology to Dr. Garcia and admitted to my mistake in my blog and in several online news services.  I can assure you no such apology will be forthcoming from Mary Flores for her lies against Roger Ortiz.

Mary Flores is devoid of even the modicum of integrity.


So Michael, is CAVA lying about your intent to use their evidence, which thereby makes you party to their conduct? 

Michael, knowing full well Erin Garcia's lawyer can  destroy Mary Flores for her bold face lies about Roger Ortiz hiring the election judges, do you still intend to use her evidence?

Michael, you can no longer run from this - it is time you take responsibility for your cocounsel Ruben Peña and your client.  They are clearly party to the destruction of a public official for no better reason than political gain.


You cannot solve a problem until you take the time to understand it.  All one has to do is look to the case of Bruce Sherbit in Dallas.  He was forced to resign as the Election Administrator because he refused to give into the political pressure of corrupt forces.  In my view the only person who should be allowed to remove an Election Administrator is the Secretary of State, based on evidence of just cause presented by the local Election Board.  This would take the politics out of the office.

It is impossible for any Election Administrator to avoid the local politics.  It is a balancing act with no rewards. 

What you do not do is, do what CAVA, Ruben Peña, Yolanda Begum and Michael Cowen have done, promote a campaign of deception and lies against the Election Administrator.


The idea of this education video which Roger Ortiz agreed needed to be done after our meeting on Thursday is not a new idea.  In 1996, the last time there was a call for reform, I along with others demanded that the SOS create such a video.  This all came out of the Velasco/Flores election contest.  I represented Diana Flores and won both the civil case and criminal case.

For the record, the above is why lawyers from all over Texas call me to consult on Election Contests.  Lawyers understand the value in consulting with someone who has actually won an election contest.

[SIDE NOTE:  What happened in the Flores matter is, we learned real early that the appointed judges were plants to throw out the election at any cost.  This is why there were so many successful mandamuses and appeals in the case.  Candidates are not the only ones who can steal an election.  Judges too can steal an election.  The Flores case is a case in point.  When dealing with judicial corruption you need an attorney willing to put everything on the line for their client.  The judicial corruption was so bad that the first judge threatened to throw me in jail for asking him to void his illegal TRO.  That was the first mandamus which issued in the case.  The third judge actually put me in jail for contempt for refusing to recognize his jurisdiction in the case.  The Administrative Judge heard about it on the radio and ordered me released immediately.  Attorneys cannot be arrested in court for contempt.  The remedy is to refer the attorney for contempt.  This I believe was the second or third mandamus which  found the judge in fact did not have jurisdiction in the case such as I had alleged. - My point is, in the wrong hands and with the time table about to run out, this case is ripe for a judge to steal the election.]

We demanded that it be made a law mandating the SOS create such a video.  The compromise was these informational flyers included in the mail ballots.  Was I happy?, no - but it was a start.  Hopefully this time around the State legislators will understand we need an official video created by the SOS as an educational tool for the seniors and the employees at these centers.

My frustration is, I know how these things work - if those who can force change start reading endless lies and nonsense they will conclude the problem is not real.  The lawyers who write the laws know there must be a legislative record to justify the law in the event of a constitutional challenge.  Evidence is not the ramblings of idiots, morons, and unconscionable pathological liars.  We can bring change, but not if the record indicates the claims are highly questionable because of the acts of unethical people.