Friday, November 30, 2012


 15. Discussion, consideration and possible action regarding protocol in contacting Board Attorney. (Board Member Request – EE)

18. Discussion, consideration and possible action on protocol and procedures regarding Policy CH (Local/Legal). (Board Member Request – LBL)

See also:

The Luci issue deals with contracts.  She wants a public discussion on how contracts are awarded.  This could be a warning shot against Escobedo to get in line.  I say "could" not "is"  It will be interesting how Escobedo and Longoria interact.

Healthsmart is not on the agenda.  It is important that we watch the dynamic between Powers and Escobedo. 

UPDATE:  The city has now posted the larger package provided to the commissioners.  Starting on page 9 we see a lease proposing renting space to Filamon Vela.  See

There is no reference to a rate.  So what we know for sure is, it was all lies that Tony Martinez had already signed a lease.  We will not learn the terms of the lease until after the negotiations.  I know it is crazy of me, but I will form an opinion after I know all of the facts - not lies.

Brownsville will not be the first city to provide space to a congressman.  The theory is if the congressman makes his main field office in Brownsville, it will give our elected officials better access to him.  His official schedule (meaning Congress in session) will have him in Washington only 126 days in 2013.  The remainder of the days have him in his district, travelling on official business, or in Washington doing committee work (during this time Congress will not be in session).

Brownsville is  free to say no.  And then Filamon Vela can rent space in Harlingen's city hall for his main office.  Depending on a variety of variables each congressman receives about $250,000 to $275,000 a year for rent and office management.  Employee salaries and benefits are separate.  Vela's district is very large in terms of space.  Cities and communities will be offering him discounted space just so they can have an office in their  community.

But like I said, Brownsville is  free to say no - we don't want it.



Consultation with attorney regarding real estate matters including potential Lease of City

property pursuant to Sections 551.071 and 551.072, of the Texas Government Code. (John E.

Chosy – Assistant City Attorney – 15 min)"

I have no idea what the matter concerns, but considering all the nonsense on the internet about secret leases and renovations, this part of Tuesday's  city commission meeting seems newsworthy.


SECOND UPDATE:  Judge Hanen dismissed Juarez case with prejudice.  The court's docket entry makes no reference to compelling the 4 trustees to sign off on the settlement agreement. 

"Minute Entry for proceedings held before Judge Andrew S. Hanen. MOTION HEARING held on 11/30/2012. Appearances: Frank E Perez, Ben Richard Neece, Anthony B James, Jesse Robert Buttery,;(Court Reporter: B.Barnard)(09:17-09:30). All Defendants present. Parties addressed the Court as to 141 MOTION to Compel Execution and Specific Performance of the Mediated Settlement Agreement. Discussion held by Parties and Court. Court will enter an order dismissing the case with prejudice. Court adjourned., filed.(csustaeta, ) (Entered: 11/30/2012)"

Juarez appeared concerned the 4 trustees could now turn around and sue him - see bottom of ¶ 2 of his motion.

Until a written order is issued by the court this remains the only public information from the court as to what happened at the hearing.

UPDATE:  I first learned of this from a tweet Emma Trevino-Perez posted at the Herald - she noted there were  BISD officials in Hanen's courtroom.  I then checked Hanen's docket and saw the notice of hearing.

Here is the deal - Ben Neece, who never met an honest word in his life feeds this trash to Montoya.  After I posted I check to see if Montoya had posted anything yet today - most days it if after 10 a.m. once the library opens.  Montoya claims the 4 were summoned to the federal court house.  An outright lie - never happened - no summons exists.  But then when you have Ben Neece feeding you the story, why should the truth get in the way.

Juarez's attorneys filed a motion.  The court set it for hearing.  This is how the process works.  Unless subpoenas were served on the 4 trustees the only person who even has to show up in court is their attorney. 


Yes the case is not done.  It is like a battle between fools.  Juarez and his esteemed attorneys are arguing that the lawyer hired by ACE insurance has the right to bind Zayas, Cortez, Colunga and Aguilar to any terms of settlement demanded by Juarez.  The numb nuts representing Juarez for legal authority cited none - because none exists.

See Motion - also see here if link not working

Juarez's attorneys appear to be arguing that the now 4 former trustees are not complying with the mediated settlement agreement.  Mediated settlement agreements are enforceable through breach of contract lawsuits filed in the original court wherein it is alleged the mediated agreement was breached.

Padilla v. LaFrance, 907 S.W.2d 454, 461 (Tex. 1995)

A settlement agreement is a contract, which in turn would be governed by state law.  The Padilla Court outlined the proper procedure

"Similarly in Quintero v. Jim Walter Homes, Inc., 654 S.W.2d 442 (Tex.1983), we held that the trial court erred by rendering an agreed judgment of dismissal based on a release signed by plaintiff because plaintiff did not consent to the judgment at the time it was rendered. We noted, however, that "our reversal of the judgment of dismissal is without prejudice to the rights of the Jim Walter Homes in its attempt to plead and prove an enforceable settlement agreement under the release."

The law as to settlement is pretty basic.  No lawyer can settle a case without the consent of the client.  But the Texas Supreme Court being who they are amended the rule when dealing with insurance proceeds.  The client is not bound by any settlement entered into by the lawyer hired by the insurance company.  But, the insured proceeds at their own peril if they refuse to cooperate. 

Insurance companies settle cases every day against the wishes of the insured.  In the annals of law the agreement has never been found to be binding on the insured.  The insurance company can pay the claim, but the plaintiff cannot use the settlement as a weapon against the insured unless the insured signed off on the agreement.

It is my understanding that  Rick Zayas refused to sign the settlement agreement.  It is also my understanding ACE insurance refused the 4 trustees representation in their desire to seek a summary judgment.

This case is ripe for further litigation by both sides and ACE insurance.  The bad news for all concerned is, ACE as a policy never hires competent counsel, and both Zayas and Juarez are without access to competent counsel in Cameron county.

It is going to be like watching two eunuchs trying to prove who the bigger man is.


My most difficult challenge in posting stories is when a source asks that I not to.  I finally got permission to tell the story related to Rick Zayas and his law partner Luis Hernandez and the conspiracy to engage in barratry.

What is barratry?

".4)  pays or gives or offers to pay or give a person
money or anything of value to solicit employment;
(5)  pays or gives or offers to pay or give a family
member of a prospective client money or anything of value to solicit
employment;  or"


It has been hard for me to not tell this story, because given all I know about the barratry claim, Rick Zayas' negotiated kick-back scheme with Royston Rayzor for getting them the Healthsmart lawsuit, I now believe with 100% certainty Presas-Garcia's claim that in the lawsuit Rick Zayas has against her, his client did in fact tried to bribe her.  It is all consistent with how Rick Zayas  does business. 

Remember, I have already established that Rick knowingly lied in the lawsuit against Presas-Garcia when he failed to disclose what he knew was the reason the deal fell through.  The wife owner of the house stopped the deal over the price.  Which is exactly what Presas-Garcia alleged publicly, albeit incomplete for why the woman cancelled the deal - namely Presas-Garcia got her to cancel the deal over the price because unbeknownst to the woman Presas-Garica had failed to deposit the earnest money with the title company.  Scum all the way around.  But in the end I do believe Presas-Garcia will be able to prove Rick Zayas knew about the attempted bribe on Presas-Garcia.  It is 100% how this man does business.

Some months ago I was in Rick Zayas law office.  I was speaking with Luis Hernandez about a case related to a friend.  My nephew who is the cousin of my friend (hence two family ties) was trying to settle a motorcycle accident case.  The insurance company was basically only offering medicals, with no damages for pain and suffering or personal injury.  I asked Luis Hernandez what my nephew's chances were with a Cameron county jury.   Even though my nephew had about $30,000 in medical bills, because he never did physical therapy a Dallas jury probably would have awarded less then actual medical expenses.  This had me concerned - but I know nothing about Cameron county juries.  The good news was, my nephew had the claim of negligence per se, and gross negligence because a 17 year old while texting at three in the morning ran a red light and totalled his motorcycle while sending him to the emergency room.  100% of his medical bills were from the emergency room.

HERE IS THE KICKER:  Luis Hernandez says that I need to allow him to bill his client for a while in the case for my friend and then he would eventually recommend settlement in my friends case. I  would then have to refer my nephew's case to Rick Zayas.  I would be taken care of.  I have never, ever asked for or accepted a penny from anyone for helping them to find an attorney.  It is a crime.  In fact when I practiced law, unless I was going to stay involved in the case, I never accepted legal referral fees when I would send the case on to larger firms. 

On that day I told my friend his case was going to get messy, and it has, because I would not agree to refer my nephew's case to Rick Zayas.  Once general counsel for the insurance company got involved with my nephew's settlement offer the case settled.  Valley Baptist lowered its bill, an the insurance company put more on the table.  All were happy.  He had to pay no one so much as a penny to settle his own case.

Cameron County is a cesspool of corruption.  The judges are as corrupt as they come.  People like Rick Zayas, Luis Hernandez, Armando Villalobos, Abel Limas do not become what they are without the help of corrupt judges.

Remember, I already disclosed Rick Zayas' claim that Judge Ben Euresti will take care of him in his lawsuit against Danny Defenbaugh.  Joe Rod and his son really need to consult real attorneys in that case.  Rick as is clueless about the law as humanly possible.  Not only will Joe Rod lose, but with Rick Zayas in charge, Joe Rod will be paying sanctions to Defenbaugh.

I, not my friend, will be adding to the complaints against Linda Salazar claims she has allowed her court to become corrupted by Rick Zayas based on his professional relationship with her son Ruben Cortez.  Rick Zayas could not give a rats ass what happens to Linda Salazar - she and Ruben are nothing more than saps in his practice of corruption.

I would love to get into the specifics of the case in her court, but I have been asked not to discuss it on the internet.

I am doing my best to find an attorney willing to appear for my friend to take down Rick Zayas and Luis Hernandez for good.  The discovery abuses are beyond surreal.  Remember they took the case after I had already consulted with Rick Zayas for my friend.  It is my belief the law office of the late Rusty Faulk referred the case to Zayas based on his relationship to Linda Salazar. I am certain Mr. Faulk would be ashamed of how his office has been used to corrupt the process.  Regardless of the rules of professional conduct no honest attorney would have accepted the case.

 But it is like both Rick Zayas and Luis Hernandez told me, Linda Salazar is not smart enough to understand the law so they have no reason to fear her following the law.  Rick Zayas has no concept of integrity or morality. Because I do have a moral compass there are private conversations between myself and Rick Zayas I will not discuss publicly because they would cause irreparable emotional damage to innocent third parties.  I am keeping my discussions limited to his unethical conduct as a lawyer.  That is all that is newsworthy.

Thursday, November 29, 2012


My regular readers know I have not been very kind about Chinese food in Brownsville. I was very surprised to see this place had Mongolian pork. It was awesome. The wonton soup is also very good. The egg rolls were not very good - one bite was enough. They were beef.  I never had beef egg rolls before.  The service was excellent. My friend said everything he tried was very good.

We did the buffet not realizing they had a regular menu.  Next time I will order from the menu.  They have a lot of my favorite pork dishes.  If the other pork dishes are as good as the Mongolian pork, I will be eating there on a regular basis.

I give this place a very high recommendation for Chinese food.  My friend tried the craw fish and frog legs.  It was a first for him.  He liked them.  The menu is similar but  different than the other buffets in town. 

Once I got hooked on the Mongolian pork I never  tried anything else.

They are located in the Walmart shopping center on Boca Chica.


UPDATE:  I checked with my city sources this morning on the status of this fathom contract.  They know nothing of a signed contract or a $1 lease.  The city manager and city attorney are fully aware that Tony Martinez cannot commit the city to such a lease, or order renovations.  They are aware that such as the lease with United Brownsville it must go before the city  commission for approval.  The entire story is a fabrication, beyond Vela having made inquiries - that is it.  I suspect a lease will be negotiated, and then we can analyse the terms and form an opinion based on the terms of the lease, and the reasoning given to the city commission for the terms of the lease.  At that point all reasonable opinions are fair game.

UPDATE TWO:  JIM BARTON TURNS TO CENSORSHIP He  cannot cite where in my original post I questioned anything in his post, so rather than admit he is wrong, he simply turns to censorship and denies my post.  All my post was, was educating the people.  As we know among bullies this is always a crime.  Someone on Montoya's page claimed a free lease is illegal.  I posted the rules from the Congressional office overseeing leases which clearly provides for free leases.  I then provided my opinion about why people lie about this stuff. 


People are the sole voice in deciding who will be the new city commissioners come May 2013. In the presidential election cycle it was proven twice that all of the billionaire and corporate money raised for Romney could not force the people to vote for Romney.  The left loves to attack the Supreme Court for their decision in Citizens United.  I have repeatedly said, I do not want the government controlling speech under the guise the people cannot be trusted to do the right thing. A majority of the American people saw all of the billionaire ads bought for Romney were garbage, and chose to ignore them.  We did not need the far left protecting us from ourselves.

Another example was, during one of the primary weeks Rick Santorum beat Romney in every race of that week - without money and the billionaires backing Romney, Santorum still won the primaries and caucuses of that week.

If the people want to control who runs and who wins in May all they need to do is organize.  I will not lie, money helps.  The owners of the big car dealerships gave big to Tony Martinez.  They were not looking  for political favors.  They believed Tony Martinez was the best choice to help restore the local economy.  A stronger local economy would have meant people buying more cars.  Their support for Tony Martinez was that simple.

A Brownsville First ticket needs to form which has as its foundation the creation of an economic engine.  They need to explain that without an economic engine Brownsville cannot move forward.  They need to define their proposed economic engine and how it will create good paying jobs.  When they compare it to Tony Martinez's plan of more bars downtown, people will see just how feckless of a leader Tony Martinez really is.  His name associated with any ticket will become toxic. 

I would submit as part of the economic engine policy, the ticket should make clear they will stay on top of the issue of BISD and its failure in terms of educating our children.  The fact they have no voting power will not change the fact as city commissioners they can put pressure on BISD to address its problems.  It is what people want to hear.

Zamora's and Villarreal's districts are the easiest for a community group to win.  They will require less money.  The districts are small enough to allow  for effective door to door campaigning if the group starts by January.  Gowen's at large district will be more of a challenge - it will take a lot of money.  But a highly qualified Latina running for the position will excite people from the start.  A well placed Herald ad defining the need for an economic engine as key to Brownsville's development, by someone with a  solid resume, will bring in the money.  The ads must continue on a weekly basis.  The candidate must be prepared to have a conversation with the people in every Sunday paper.  (Okay, Daniel I did it, I expect my 10% referral fee for Sunday ads. lol) It is not all that hard for a citizens group to take control of this election.  The only question is, will the people sit back and do nothing and then complain, or will they act.

The campaign is simple "you can vote for the ticket which supports Tony Martinez's do nothing administration, or you can support the ticket for a Brownsville economic engine and jobs."  This ad is at the end of the campaign.  First you need the weekly conversation so that people know and trust you.  Then at the end you use this ad to force a clear choice.

Wednesday, November 28, 2012


As is always the case with Jim Barton, he cannot refute facts so he goes personal.  Below is my post on the issue of leases and congressional offices.

Nowhere in my post do I defend any lease or claim any lease exists.  I checked with the city and the congressional office which oversees leases for congressional offices and both claim to have no knowledge of this fathom lease Barton claims exists.

But I did not go there.  My issue was really quite simple - to educate people as to the process.  I also went out of my way to refute a claim made  by an anony poster on Montoya's page claiming free leases are illegal - they are not.

But no, even though I mention nothing related to Barton's post, his frail ego claims I did and forces him to attack.

 He cannot refute one thing I said, so he goes personal.  Jim can never refute facts.  So he posts his nonsense and then calls on his cyber-bullies to back him up.  Without cyber-bullies to back him up, he has nothing. 

If I wanted to go personal on Jim I would note - what kind of a loser takes his diabetic wife to smoked filled bars?  You got it, Jim Barton - this man is so poorly educated that he does not even know the dangers smoked fill bars present to diabetics.  He does not care - he is too self absorbed in his own failed ego.  Yes it was a low blow - but it speaks to who this man really is. 

I find it useless to respond to the nonsense Barton posts in his cyber-bullying.  But in this case there is a teaching moment about cyber-bullying and that is the sole reason I am responding.  It is also to prove a point - I can go low like Jim, but still prove he is all wrong.  Jim only has distractions.  Jim will have a tirade because you see his ego says, he can defame people, lie about people, destroy people, but can't handle the truth about himself when  forced to face it.  His personality is classic bully - he loves to bully, but goes home running to mommy when people fight back. 

To understand just how beyond surreal Jim is, he says he cannot refute my research, but then claims I am not qualified to speak to legal issues.  He knows this because when push came to shove I  told the State Bar of Texas I would not drop a lawsuit against their lead pro bono counsel for his role in the cover-up of the abuse of boys by priests.  You see according to Jim any competent attorney would have dropped the lawsuit instead of standing his ground in defense of those who were molested by the priests.   This is what Jim Barton calls honorable - dropping the lawsuit.

It is lost on Jim in measuring my legal skills that I graduated a top law school, where as his claim to fame is being a cyber bully with no legal training.  It is beyond surreal.

In his tirade he goes out of his way to prove how little he even knows about the law.  With my signature on a piece of paper within months I can open a law practice in Brownsville.  I  do not have a law practice by choice.  I refuse to be part of what I know is the largest criminal enterprise in the State of Texas - the State Bar of Texas.  It is called taking a moral stand - I cannot be bought with money or title.  I took a moral stand I am very proud of in defense of the victims of the the molesting priests and the attorneys who ran cover for them.  Why would I ever again give the State Bar of Texas control over me.  So long as I do not say I am admitted to practice law in Texas they have no jurisdiction over me - period.

If Jim knew anything about the law, which he does not, he would know law professors and corporate attorneys allow their law licenses to be suspended and many are in fact are not admitted to the practice of law.  The senator elect from Mass. Elizabeth Warren does not have a law license, although she is Harvard law professor and practices corporate law. 

There are both legal and political reasons  for why law professors and corporate attorneys do not have law licenses.  You do not need a law license to be hired by a corporation to practice law at the corporate level.   The key is you cannot go to  court or claim to be admitted to the practice of law in the state where the corporation exists.  The fact is it is bad form to have corporate counsel practicing law before the bar.

Further, if Jim knew anything about the law - law school graduates can represent clients before any number of federal agencies without a law license.  In fact you do not even have to be admitted to the practice of law to be a federal judge.  In fact many federal judges have allowed their law licenses to lapse. 

But then why deal in evidence and law when you are Jim Barton.

So I submit to Jim, produce this lease you claim exists.  The city does not have it.  The congressional office which oversees the leases does not have it. 

I deal in evidence.  Once there is a lease - if there ever is - I will review it and then comment.  But to claim something you have not seen exists so that you can make yourself appear relevant, makes you pathetic.

Once a lease appears and if in fact the rent is essentially free, I will consider the city's argument for its terms and then  form an opinion.  This obviously makes me crazy.  Why? I want to consider the evidence and argument of counsel before rendering a verdict. How shocking of me.  God save our jury system if Jim Barton is ever allowed to sit on a jury.

"§ 213.057. CANVASS FOLLOWING RECOUNT.  As soon as
practicable after completion of a recount that changes the number
of votes received for a particular candidate
or for or against a
measure, the final canvassing authority shall conduct a canvass for
the office or measure involved using the recount supervisor's
report, instead of the original county election returns, for each
county in which a recount was conducted.  An original final canvass
for the office or measure is void,
and the new final canvass is the
official final canvass for the election on that office or measure. 
If no change occurs in the recount in the number of votes received
for a candidate or for or against a measure, the official result of
the election is determined from the original final canvass."

The Election Code

Here is what is happening.  The original final canvass is may not be void until the new canvass occurs.  The new canvass has not occurred.  The language is actually not clear if the old canvass is void before or after the new canvass is conducted.  The law uses the word "Shall" in terms of conducting a new canvass so long as a change in the number of votes occurs. Under Texas law the word "shall" is not always mandatory.  It's called judicial activism - they did not like the result in a case so they created a doctrine which makes "shall" sometimes discretionary.  "Shall" imposes a duty.

If Healthsmart is reinstated their lawyers will argue that until such time as BISD conducts a new canvass Chirinos has no right to vote.  The problem is, the old one is not void until a new one is conducted.  There is plenty of room for long term litigation on the issue.  The question is does the use of the word "shall" make the new canvass mandory or discretionary?   Smart money says, do not gamble - simply redo the canvass and swear in Chirinos a second time.  But this is BISD, where smart money has no place at the table.

While writing this someone posted a comment stating the AG says no new canvass is required so long as the recount did not change the winner.  I guess the AG is reading a different statute from me.  The above statute in plain and simple language states "changes the number
of votes received for a particular candidate."
I do not see a qualification based on winner.



For the conspiracy idiots who have nothing better to do than destroy Brownsville and their elected officials you will note the following

They may rent from cities - they can even share office space with US Senators and any number of state elected officials.

They can accept office space based on free rent.  It is not a crime.

Finally, all leases are reviewed by

"Should the Member sign the lease right away?

No. Prior to signing a lease, the Member/ Member-Elect must submit the proposed lease, accompanied by a copy of the District Office Lease Attachment, to the Administrative Counsel for review and approval.

There is no challenge in finding facts.  The problem is people are obsessed with their need to be ignorant.  The internet has made being ignorant a badge of honor.  It has validated bullying by cowards who do not have to post their real name.  It is making us as people into pathetic weasels.


I did not see last nights BISD board meeting. Did they do a new canvass and swear Chirinos in again?  Did he vote last night?  I am simply calling for information - Other than saying BISD added his picture this morning I am not representing any facts or conclusions.
Brownsville Plan D Mod ltr _2_


If the above pic is coming up too slow click here to see new districts

"This map proposes slight changes to District 1 and 2 but overall maintains the boundaries between District 1 and 2 at Boca Chica Boulevard. District 3 and 4 have some major changes in the boundaries including District 4 taking everything west of Expressway 83 and South of Alton Gloor Boulevard. La Lomita and La Galaxia were added to District 3 because of overpopulation if that area was left in District 4. Under Federal Law the deviation amongst all district must be no more that 10% and this plan would be 9.5%." (Source:  COB Press Release)
The breakdown by district will be as follows:

District 1:  43,748
District 2:  45,183
District 3:  40,968
District 4:  45,124


The great tragedy about the internet is, unlike the printing press which expanded knowledge, the internet has spread ignorance.  While there is no doubt the internet is a great source of knowledge, unfortunately its users prefer fiction, lies, deception, hate and ignorance.  This is so, so sad.

Melissa Zamora is not running for reelection or for District Clerk.  I have known this for some time, but respected her decision to not make it known until she was ready.  This is a sad announcement for Brownsville because she is the only truly independent voice on the COB City Commission.  Yes, she has had missteps - but we cannot all be perfect drunks, misogynist pathological liars, and wannabes who endlessly repeats every one's else lies and defamation.


I always say, I understand why people leave the Democratic Party, but then I am at a loss why they then become Republicans. This post is not about defining and debating the nanny state. We must understand the difference between programs which lead to sustainability or programs which are developmental, versus programs which strip people of self worth and create a mentality of dependency. The latter group does not include people who for whatever reason need permanent public assistance.

For years I have discussed the Plantation Politics of the Democratic Party.  For some 50 years they have bought the LRGV through nanny state policies, as opposed to encouraging people to invest in themselves.  This is the number one cause for why Brownsville cannot move forward.  With rare exception, our leaders fail to understand self investment, as opposed to standing on a street corner begging for federal and state assistance.

Last week I discussed how SA mayor Julian Castro spoke at the London School of Economics on the issue of municipal growth.  His key point was, cities need to invest in themselves.  There is no one on the Brownsville City Commission who understands this, save Melissa Zamora - but she is a minority voice up against Tony Martinez and his visionless quest to nowhere. 


Nothing less than the resignation of the entire Texas Southmost College is needed if we are to move TSC forward.  To a person they sit on the board and wait for something to happen.  TSC is about to enter a new and exciting future.  Where is the board? - dead silent.  TSTC is moving forward with robotics training, and TSC is moving forward with nothing.  "Oh, look at us, we fought UT and won"  No, you won the battle. but lost the war  and in fact, I am no longer sure they won the battle.

Texas government by its design is limited government.  Our elected leaders use this reality as an excuse to not lead.  Power is both direct and inherent.  Nothing in the model of Jacksonian Government prohibits our elected leaders from being cheerleaders. This is their inherent power.

This concept was lost on President Obama during his first term.  The professional lobbyist are powerless against the voice of the people.  This is why President Obama is taking his message related to the fiscal cliff to the people.  This is why the Republicans are attacking him for going back to the campaign trail.  The Republicans fear the people.   The Republicans absolutely fear President Obama using his inherent powers to rally the people.  The Republicans have the advantage with the 2014, US Senate elections, and they do not want to lose that advantage by further alienating the people.


What is the vision the TSC Trustees have for TSC and its students?  No one knows.  Education is key to success.  In today's world we need more job training programs at the community college level.  Not everyone is made for the university.  And given the number of ignorant people currently graduating college, I am not sure teaching the social sciences any longer has any purpose. 

A competent TSC board would be out and about with community meetings educating the parents and students about the future.  With TSTC moving forward at a fast pace, I am not sure Brownsville students will have any reason to even attend TSC.   I no longer recommend anyone attend TSC.  I push two options - if they want medical training I send them to the military.  If they want any other type training I send them to TSTC.

Can anyone tell me anything the TSC board has done to encourage students to attend TSC?  Nothing.

The TSC board is like most of Brownsville's elected officials.  They sit and wait for the government to  take action.  They fail to understand they must lead.  In part you lead by getting out into the community and convince the people why your vision is the proper vision.  This they cannot do because their only vision is to sit around like every other nanny state victim and wait for more government help.


Within 4 years all 3of these will be a reality in Cameron County.  All three will be in Harlingen.  Brownsville will get nothing.  Medical schools cannot exist without a VA hospital or community hospital or both.  The VA hospital and community hospital is where the doctors get their practical training.  The move for a VA hospital has been stymied because of a lack of a medical school in the LRGV.  The VA is dependent on doctors in training to treat veterans.  They simply cannot afford real doctors. 

Along with the VA hospital will come a county community hospital which will be  funded in part through higher property taxes.  It is coming people, and you cannot stop it.  This is a sin qua non to getting a medical school.

Harlingen's leaders had the vision years ago to see this future.  This is why the medical school, VA hospital and community hospital will all be in Harlingen.  Harlingen's leaders were cheerleaders for Harlingen.  Brownsville's leaders fly to Washington and beg for chump change to build more bars downtown. 

When you combine the above with TSTC one must question, do we even need TSC?  In a few short years the answer may be no.  Personally, I am close to calling for an end to TSC and Brownsville joining the TSTC community.  Duplication of programs which serve no one but the trustees' egos are a waste of taxpayers resources, and not in the best interests of the students. 

I personally believe it is time for TSC to sell off most of its resources to UT, while creating a satellite campus for TSTC.  But this will not happen because the TSC trustees care more about their egos than what is best for our students and the region.

Nothing on the table at this time indicates TSC is moving forward.  Their independence is around the corner and the board has yet to define a vision for TSC.  They wait for the nanny state to do it for them.  The idea of being cheerleaders for TSC eludes them.


I love lima beans.  When I was in Peru I ate them almost every day - lima bean green rice is awesome.  I buy the Fordhook frozen lima beans.  The only time I eat canned lima beans is when I eat succotash - also awesome. 

While I love lima beans, they never really seem to go with any given meal - they are good with sliced steamed sweet potato.  Well, last night I had company so I made mac and cheese with lima beans being the veggie.  What an addictive combo.  The roasted rosemary chicken just topped it off.

You know people, cooking a great meal is not really a challenge.  Prepping the chicken is at most 5 minutes- you then throw it in the oven for an hour and half - more or less.  During that time I clean around the house.  You have to clean the house.  It is just making use of your time.  Just before the chicken was done, I started the lima beans.  Once the chicken was done, I put on the mac and cheese.  Roasted meat should always sit for a bit before slicing.

Remember these are the people who claim to stand for America - Original Intent - no, they hate America - they are ignorant low information anti-Americans - they are America's internal Taliban.

Here was the plan - prevent the electoral college from formally electing President Obama to a second term, thereby throwing the election into the Republican controlled House of Representatives.  Let's assume this would have worked - these idiots actually believe the country would have sat back and accepted the result.  These idiots believe the Republican Party could have survived such an act without being charged with treason.

The Teabaggers are dangerous to America.  They exposed themselves with this move.  Anyone claiming to support Tea Party Nation in fact claims they support a coup as necessary to subvert a presidential election. 

Source:  USA Today

Tuesday, November 27, 2012


Ted Parker, must be in a free fall panic. Montoya does nothing without pay. The question is how much was he paid to attack Escobedo?  The story is not new. But according to Montoya so long as Escobedo was taking orders from Ted Parker and doing as he was told, it was not newsworthy.

On Quintanilla what Montoya does not tell you is, as is always the case, he showed up after the fact. The Hurst police department condemned what happen and assured everyone of an investigation. Then comes Quintanilla claiming to lead the battle. It is always the same thing. You see according to Montoya and Quintanilla without Quintanilla no police brutality complaints would ever be filed. It is sad someone has not told this kid's mother how she is being used by Quintanilla.

On Saturday, the Hurst Police Department Denounced the events surrounding Andrew Rodriguez.  Then along comes Quintanilla throwing himself in front of the camera



Powerball Link

Monday, November 26, 2012


Personally, I think anyone who announces before the first of the year is pushing it.  People are pretty much tired of elections.  But given the nature of the beast, serious candidates better start their campaigns in earnest by January.  The BV will provide free links to all campaign and Facebook pages of the campaigns.  I hope to have the new format up and running by January.

There are no professional polls which guide us on who can and cannot win - but we can look at trends.

The first thing I would do, if I were running, which I am not, is get the list and address of every member of the military who voted by mail in November.  By numbers, they clearly out number the locals and any number of mail ballots which can be harvested by politiqueras.  I would simply thank them for their service, and for having taken the time to vote in November.  I would remind them that local government is important to their future if they intend to return to Brownsville.  I would then remind them to vote come May.

With the exception of Maria Urbina de Ford and Linda Gill-Martinez, Latina women beat men in one on one elections.  Ford and Gill have something in common - they both have Anglo names in their name.  I believe in both cases it cost them votes. In Ford's case Saenz and Masso also had name recognition.   Being an Anglo male does not mean you cannot get votes.  Had Clupper and Barbosa had the same amount of campaign money, I believe Clupper would have garnered more votes than Barbosa.  Although I believe Clupper is a one man nightmare, his campaign slogan of vote for the teacher resonated with voters who were essentially voting blind.  Lesson -a  good campaign slogan can overcome being a man and Anglo, assuming you have money to run the campaign.

The lesson here is a solid Latina name will get you elected so long as you are on equal footing with your opponent. Zamora,  Presas-Garcia, Longoria, Vasquez, and Saavedra all beat  men.

Name recognition for a man can trump the edge women seem to have.  This is the good news for an Anglo man who has strong name recognition.  This combined with money could see an Anglo man beat an unfinanced and unknown Latina.

My sources are telling me it is any one's guess whether Melissa Zamora, Rose Gowen or John Villarreal will seek a second term.  Remember, John completed the remaining two years on Camarillo's term. I will be shocked if John Villarreal does not run.  If Rose Gowen runs I expect her to run under the name of Gowen-Zavaleta. 

Neither Rose Gowen nor John Villarreal have distinguished themselves on the  city commission.  Now, Rose Gowen will say she has promoted better eating habits.  Well, that is about it.  As a doctor she refused to participate in the education process of the dangers of antibiotics.  Had Mexico not passed a law banning the purchase of antibiotics without a prescription, Brownsville would still be flooded with unprescribed antibiotics contributing to the super-bug crisis.  She gets an F on the issue of HIV and Hep C - both a problem in Brownsville.  She gets an F on teenage pregnancy - a major problem in Brownsville.  I basically give Rose Gowen an F as a city commissioner.  Let's not also forget she voted to silence dissent at the Brownsville City Commissions.

The best  candidate against Rose Gowen would be a Latina doctor.  A Latina doctor who is not gun shy on the issues of STD's and teen pregnancy.  You might say what can the city  do about these issues?  They can educate and lead with a message of the inherent dangers in STD's and the impact teen pregnancy has on the lives of the mother and child.  Leaders lead beyond voting yea or nay on city ordinances.

John Villarreal has  done zero to distinguish himself as a city commissioner.  He can claim he stood up for free speech.  But then CAVA will claim he tried to silence them.  His actions against CAVA were wrong and will come to haunt him.  The fact he was the first to call out CAVA as the con-artist organization it is will mean nothing.  CAVA sounds warm and cuddly - he would have to start now educating the people in his district about the reality of CAVA in order to overcome the negative he will receive for his actions against them.

To beat John Villarreal -  any qualified Latina who can compete dollar for dollar will beat John Villarreal hands down.  She just needs to not say anything stupid.

Melissa Zamora would be a hard defeat.  She has every variable needed to win - Latina name, name recognition, and a record she can stand on.  Yes, she has a few missteps - people will ignore the missteps and deception by her detractors.  If Melissa announces for reelection she is the only one of the three who is a shoe in.

Finally, if you have a message as a candidate you better start getting it out by January.  Attack ads at  the last minute, without a back story which has been fed to the people for some months, are a waste of money.  We saw how the attack ads did not work against Presas-Garcia.  Had there been a long term campaign of 6 months educating Brownsville about Presas-Garcia's actions, the attack ads would have worked - but isolated out of context the ads were worthless.


See Petition

"We, the Citizens of the Great State of Texas, and Dallas Cowboys fans worldwide, have been oppressed by an over controlling, delusional, oppressive dictator for way too long. Request the Executive Branch’s immediate assistance in removal of owner and GM, Jerry Jones. His incompetence and ego have not only been an extreme disappointment for way too long, but moreover, it has caused extreme mental and emotional duress."

Created: Nov 23, 2012
What we really need is one demanding Mark Cuban be deported from Texas for insulting SA, and being a general jackass.


I really do not want comments judging this young man. I just find his actions to be walking the walk which is so rare, to be interesting. Whether I have an opinion about his actions is meaningless.

I am certain many of my readers could become psycho mumbo jumbo experts on this issue - but that is all it would be - mumbo jumbo


This article is great - I have been a drinker of strong black coffee since about age 15.  I could not imagine drinking coffee any other way.  Coffee is just one of the variables.  One of the few organs of mine which seems to be in tip top shape is my prostate.  I am told my PSA is that of a 30 year old.  Year after year it is very, very stable. Years ago I read a study on keeping the prostate healthy.  This report seems to agree with everything I read some 30 years ago. 

THE REPORT I chose this picture because it has a picture of the seminal vesicle - yes guys it may shock you but it does not come from your huevos. It blows my mind how little men know about their own reproductive system. The prostate is like any other gland or muscle in the body - use it or lose it - same goes for the seminal vesicle.

It seems to me prostate cancer is so preventable if it were not for people who consider sexuality and honest and frank discussion about human intimacy to be a sin or something for perverts to bastardize and make dirty.


While the language is not new, it is now the dominant language on our national debt. Republican talking heads and leaders have now formally adopted the language we need a debt level in proper ratio to the GDP. Translation, so long as GDP goes up, debt can go up. Another translation - Republicans have now abandoned a balanced budget instead calling for eternal debt growth so long as the growth is in proper ratio to GDP. Teabaggers and lemming Republicans are such saps.



For more than a month now, a source in Dallas has been telling me Carlos Quintanilla has been running his mouth that sometime after the election he would have the money to buy back his foreclosed home.  As of this moment the house is not for sale or even for rent.  Quintanilla had previously confirmed that his deal with the new owners was that he was going to be provided an opportunity to either buy back the home or rent it.  The home is turned upside down in terms of its value so the market is not amenable to selling it without NTex taking a loss.   NTex has every reason to take $2-3 thousand in rent every month from Quintanilla while they wait for the market to recover.  The funny thing is, if Quintanilla comes into any chunk of change the FBI will know it.  The other thing is he could not afford the mortgage before the foreclosure, so how is he now affording the rent?

After the recount, Escobedo had more than enough opportunity to put the new canvass on the agenda for Tuesday's specially called meeting.  He did not because he is still negotiating his position.  Is he negotiating with Ted Parker directly? - hardly.  Parker got caught on tape(text)  by the FBI in Lubbock once - he is not going to make that same mistake again.  Escobdeo is negotiating indirectly with a third party.

As to Healthsmart, if the FBI is watching and investigating, Escobedo voting to reinstate the Healthsmart lawsuit would act as a mitigation in terms of his own troubles which will follow if indictments do come.  If Escobedo votes  to not reinstate Healthsmart, he will be hanging himself with no claims of mitigation when indictments do come.

I really want to see how without a new canvass he intends to handle Tuesday?  Will the meeting be cancelled today and rescheduled for Thursday?

But mind you, there are intense negotiations all around between Escobedo, Ted Parker, Presas-Garcia and Powers.  The one issue not on the table - the children.

One incite to negotiations will become very real if Powers fails to put Healthsmart on the agenda for the December 4th regular meeting.  If it is not there we then know Powers got what he wanted in exchange for not pushing the refiling of the Healthsmart lawsuit.  It would be a disaster for Escobedo if  Powers put Healthsmart on the agenda, and then Escobedo votes against reinstating the lawsuit.

Sunday, November 25, 2012


People think this is a joke being urged by fringe elements, but it is not. For information related to the Texas movement see United we stand, divided we fall resonates among educated people because it is correct.  But, to remain united if united means servitude to corporatism, would mean self imposed slavery for the sake of unity.

In Vermont, for reasons different than Texas, the secessionist movement has been very active. See, Second Vermont Republic  The movement in Vermont long ago recognized the dangers of corporatism.

More than a half century ago President Eisenhower in his farewell address to the nation foretold of the dangers of the military industrial complex.  The corporatism argument is anything but new. "We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together."

I think at the heart of the problem is we are no longer a community.  Our grandparents built cities and communities which were tied together by the experience of building the community.  Today we live in a transient society, both locally and internationally wherein the concept of community has gone by the wayside.  We no longer live in communities - we live our individual homes and malls.

Also, we are no longer an "alert and knowledgeable citizenry."  People go to the internet to read the drivel which supports their own preestablished ignorance.  The funny thing about the internet is, unlike the printing press which helped to bring knowledge to the world, the internet may have actually reversed knowledge.  In many ways we actually have less real knowledge because of the internet.

The number of  European Separatist Movements are actually quite shocking.  The two most prominent movements in the news right now are Scotland and Catalonia.  To understand Iraq, is to understand sooner than later, the Kurds will declare the declaration of Kurdistan.  The implications in regional geopolitics will be staggering as Turkey and other countries deal with an independent Kurdistan. 

As legitimate movements in Scotland and Catalonia move forward, people in Texas and the rest of the US will say, why not us?  If Scotland or Catalonia can become their own countries, why not Texas?  Because the Texas Board of Education has removed "real history" from our textbooks, it is lost on the secessionists that the Supreme Court in Texas v. White abolished the right of secession.

Texas can secede by one of two ways, revolution of by consent of the States.

"When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States."

I have no idea wherein secession is headed.  I do know this - well educated liberty minded people will fight corporatism.  Under Texas v. White, if enough states demand the right to secede, secession could become real.  The more the corporatists push the greater the chances for a real secessionist movement taking hold in the US.  While such an option might protect a few select states from corporatism (Texas not being one of them - inasmuch as Texas seems to be leading the battle cry  for enslavement by corporatism), others will not be able to fight the servitude of corporatism.   Remember, the military industrial complex owns Texas.

While it is true, united we stand divided we fall, it is also true, those who seek to divide us seem to be gaining headway nationally and internationally.  Who is right and who is wrong, I do not know.  All I know is, I would not have to think twice about moving to Vermont or similarly minded Republics in the event the corporatist succeed in bringing about a corporatist state.


"Since 2009, the city of Dallas has been pursuing an investment program, known as the EB-5 visa program, under which foreign grant applicants get permanent residency in exchange for investments of $500,000 and the creation of at least 10 jobs. Businessman Mario Ramírez makes several trips a year to Mexico City to host dinners with potential investors and talk up the EB-5 program."

Source:  Dallas Morning News

Brownsville is a logical place for Mexican nationals to invest in new businesses.  BUT, Brownsville has no modern job training programs (robotics), quality schools, or leaders with vision.  St. Joes is the first Catholic high school I have ever known to be a complete and total joke.  When I grew up to get into the Catholic high school you had to bust your chops and pass very difficult entrance exams.  St. Joes only admission policy is - cash for diplomas.  Yes, a lot of very smart and successful people attend St. Joes and go on to do good things - Tony Garza for one.  BUT they also graduate far too many people based on nothing more than their parents' paid for the diploma.

This visa program could be a great thing for Brownsville - if we only had a university, community college, local school district, or private schools which celebrate competence.  Could you imagine these wealthy Mexicans investing in robotic manufacturing in Brownsville, while aligning with the low tech factories in Matamoros where robotics are not an option.  Brownsville would have a manufacturing boom.

BUT NO - Brownsville's rising from the dead will come from your children serving cocktails to visitors - How sad this is the only vision Tony Martinez has  for Brownsville and your children.


Senator Lucio introduced a Senate Resolution concerning the Charles Martin Cabler Park.  I do not know if the Resolution ever passed, but it nonetheless gives the essential history of the park.

But not even a google search was needed.  Anyone who simply pays attention to local politics knew the truth.

At the end of Charlie Atkinson's tenure on the City Commission this park became an issue.  At that time the entire history of the park was discussed in detail.


"The filibuster would be prohibited on motions to take up legislation or nominations and motions to take approved legislation to conference with House negotiators. A simple majority could approve these motions, which would reduce the amount of time the Senate spends on procedural matters.
Beyond that change, Democrats want to make filibusters harder to execute. Although filibusters would be allowed on final votes to pass legislation or confirm nominees, those conducting them would have to speak from the Senate floor. “It’s completely reasonable that senators choosing to argue there should be more debate should have to make their case in public,” Mr. Merkley said."
Source:  New York Times 

Saturday, November 24, 2012


The law on recount is pretty clear on one point - if the numbers change by one number, the original canvas is void, and must be redone.  Where things get messy is, what happens if the new canvas requires an already sworn trustee be removed?  Because Chirinos won the recount, removal is not an issue.  But the law is clear, the original canvas is void.

Tuesday's special called  meeting does not include a new canvas or swearing in of Chirinos.  Why?  Escobedo is still negotiating with both sides - will he caucus with Powers, Chirinos, Peña, or Presas-Garcia, Longoria and Saavedra?

Legally, Chirinos may not be able to vote, until a new canvas.  In fact if Escobedo refuses to conduct a new canvas every vote Chirinos takes could be void.  For example if the Healthsmart lawsuit is refiled with Chirinos being the 4th vote, Healthsmart could argue the filing of the lawsuit was never authorized by the BISD Board.

I can just imagine all of the negotiating "in the best interests of the children" which ongoing between Powers an Escobedo, and Presas-Garcia and Escobedo.

Friday, November 23, 2012


Larry Hagman was the son of Mary Martin, who perfected the role of Peter Pan on Broadway. It is sad he is gone. But for me it is also sad more people know Larry Hagman than his mother, who was a great Broadway actress. May they both enjoy eternity in Never Never Land.

Thursday, November 22, 2012


My truck has about 120,000 miles on it and it is time to buy a new truck. I decided I wanted a 2013 GMC Canyon. I have been very happy with my 2006 Canyon. I cannot imagine being without a truck.

What I learned was, GMC starting with 2013 models stopped making medium and small trucks. I simply do not get it. When they cannot sell their gas guzzlers they will turn to the American people for another bailout after filing for bankruptcy. They will demand the unions give concessions. When are we going to reach the point that brain dead people cannot be the CEO of GMC.

I think I will probably keep my truck and buy a new Ford Escape.  The Canyon is not known for it fuel efficiency, even though it is a 5 cylinder.  I guess I will keep the truck until it is towed off to a junk yard.  I makes sense to have a second car which is family friendly and more fuel efficient.

But again, when if ever will GMC understand fuel efficiency sells.

Wednesday, November 21, 2012


All of their programs are developmental or for sustainable projects. They do not just throw money at the needy. This year I am doing books for Nicaraguan children.

ALTGIFTS has many programs.  Check them out.  Again  it is Thanksgiving - be grateful for everything you have, and if you can start thinking about how you can make someone else's life as fortunate as your own.

Click here for all the options on how you can give.


Bela is now three years old.  Several weeks ago she blew my mind when I asked her how many eggs we had already put in the cake and she said 2.  I then asked how many did I tell you we need, and she said 3.  I then asked how many more eggs do we need and she said 1.  This is how children learn.  Isabella loves to cook and make cookies and cakes.  In my kitchen everything is very safe.  She is never allowed near the hot oven or stove.  But that does not mean she cannot help with the cooking.

Oh funny, she loves to get crushed ice from my icemaker - it is all she ever drinks in my house.  When the ice spills on the floor she yells "cleanup" and gets the mop from the laundry room.  She mops the floor from the ice and then puts the mop away.

Last year I bought her a toddler karaoke machine. It had 15 songs on it.  5 alphabet songs, 5 counting songs and 5 general toddler songs.   The microphone works.   This is a great developmental toy.

I always tell people this time of year if you have the money you need to adopt a family.  But buying junk does not help the kids.  Isabella loves music.  She is learning her colors.  She has toddler scissors down pat.  She is counting to 40, and she knows her alphabet.  Since the day she was born, I have always bought only developmental items.

This piano comes with a music book with colors instead of notes.  I figure the first couple of months she will drive her grandmother nuts - in time she will get it. 

For Thanksgiving put politics away and start thinking how you can help a child learn.




UPDATE:  A reliable source is telling me that one of Gill's counters was so driven to change the result they made multiple attempts to claim the vote actually went to Gill and not Chirinos.  The fraud was apparently so obvious that another one Gill's own other counters had to repeatedly correct the other Gill counter.  Sources are also saying Gill demonstrated a lack of professionalism during the recount.

Do not hold your breath - the concept of integrity eludes all four.  Eramso Castro went on to his page and point blank lied accusing Chirinos of working with Carlos Quintanilla.  He did this on the same day he told me Linda Gill-Martinez was on the phone working with Carlos Quintanilla, the convicted felon from Dallas, and Healthsmart hired gun.  The other day he posted Roger Ortiz counted votes which the Secretary of State told him to not count.  Another bold face lie.  It never happened.  So why does he lie.  He has no idea he is lying.  He really believes these things.  His mind works to contrive a reality to support what he wants.  It is a very, very dangerous form of rationalization.

The situation with Erasmo is very sad because his page does do good for the community.  I suspect most people go to the page for information on issues not related to politics.  I know a lot of people who read the page.  But to a person they all say when Erasmo speaks they do not believe a thing he says.  Community pages are a dime a dozen in the world.  There is nothing original or new about his page.  It is read because it is the only page of its kind in Brownsville.  It will always exist because there will always be a  group which loves conspiracy theories and cyber-bullying.  But we cannot ignore that on the non-political information side the page has contributed to Brownsville in a positive way.

Linda Gill-Martinez is devoid of a conscience.  Will she apologize to Roger Ortiz  - never.  She cries a river about how this entire experience has taken a toll on her and her family.  When you ask her about the toll on Roger Ortiz's family she will roll her eyes and walk away.  You see she is superior to the world.   How her lies and deception impact innocent people including children means nothing to Linda Gill-Martinez


The claim Chirinos won by 10 votes is accurate.  If you compare the numbers from last night to the original final numbers of provisional and military ballots, Roger Otriz actually gave Gill-Martinez 2 votes which belonged to Chirinos.  Yes, Roger made a mistake - but in favor of Gill-Martinez - not against her.

Montoya and Mary Helen Flores are a real piece of work.  Remember how she claimed to have been eyewitness to the black bags, which I guess over time have now become yellow bags.  Will either of these pathological liars apologize to Roger Ortiz and his family - do not hold your breath - they are both con-artist driven to destroy Brownsville. 

Under the Recount Rules, because the numbers changed, the original canvass is now void.  Chirinos must now be sworn in again.  This means they reelect board officers.  If my readers remember Escobedo in the initial vote seemed to have voted against Presas-Garcia and then tried to nominate Powers as VP.  The feed went down - apparently a dispute as to the vote occurred and a new vote was taken and Presas-Garcia was voted in.    I will bet the farm Presas-Garcia was in a near state of psychosis pending the recount driving Escobedo crazy.  Powers now has time to promise his ass to Escobedo for his vote.  Let's see what Escobedo does when they re vote on officers.  There is a good chance Presas-Garcia will find herself on the outside.