Friday, November 9, 2012



What I am about to discuss, I learned of some months ago. It was among one of many factors which caused me to allege treachery by both sides in the BISD mess. It had been my hope that if I could get Otis Powers to raise the money for a web page advertised city wide which addressed the BISD mess, honest citizens would come forward and run for the BISD Board. It would also have the effect of making it impossible for Presas-Garcia to raise money, without raising eyebrows as to the motivation of the contributor. A decision was made to not educate the people of Brownsville. The only two possible explanations for the decision to not move forward on the web page are [1] incompetence, or [2] the group did not want to get people they could not control interested in running for the BISD Board.

On Healthsmart - what should not get lost in this story is, Healhsmart paid the city of Lubbock $4 million dollars to settle the lawsuit after they realized they could not control the elections. Healthsmart succeeded a second time controlling the elections for BISD. In large measure they succeeded because they were up against Otis Powers and Rick Zayas - two former trustees who lost elections to illiterate bankrupt individuals. Healthsmart did not even see it as a challenge in terms of going after dumb and dumber.

But the reality is, the lawsuit against Healthsmart is good. It needs to move forward. I will have more on this next week. But as is always the case, when it comes to intellectual light weights like Otis Powers and Rick Zayas, nothing can be done in an honest and forthright fashion.

Hector Gonzales has no business in education. The TEA upheld his discharge on the issue of incompetence. But BISD had to settle because of the dirty underhanded conduct of Rick Zayas, Otis Powers and others. At the time I said and I will say it again, Hector Gonzales was fired for political reasons, but the fact of the matter is, he was incompetent. You see, so long as Hector Gonzales played along, his incompetence did not matter.

The second Pat Lehmann, Otis Powers and Rick Zayas got into a spitting match over contracts, Hector Gonzales had to go for backing Pat Lehmann. Otis Powers, Rick Zayas, and Pat Lehmann have now cost BISD some $20 million dollars. You will not hear me cry a tear if BISD sues Zayas, Colunga, and Aguilar to recover the part of the settlement paid for their actions. In the hands of competent attorneys BISD will win. The reality is, ACE insurance will simply pay it, because the 3 will sue ACE for settling without their consent, and for refusing to pay their attorney to file a Motion for Summary Judgment. The federal court of appeals raised an issue about the hearsay evidence Judge Hanen considered. Without that hearsay evidence Antonio Juarez never would have won. Further under Texas law you can be fired for bad reasons, if the evidence shows there was otherwise just cause to be fired. In a final review on appeal Hector Gonzales, Art Rendon, and Antonio Juarez would have gotten zero.


The Healthsmart lawsuit is good and needs to get filed, but as is always the case when Otis Powers or Rick Zayas touch something it gets corrupted.

My intent after learning the story I am about to disclose was to wait for a new majority to get elected and then to submit an affidavit to the FBI to watch for what I was alleging. In my mind if the FBI did its job it would take down the old board and the new board, while giving honest citizens a chance to run for office. Also BISD would have a settlement from Healthsmart.

Sometime earlier this year I talked to Rick Zayas about Royston Rayzor’s interest in the Healthsmart lawsuit. I was shocked because James Hunter of Rosyton Rayzor represents Enrique Escobedo. James Hunter is a partner at Royston Rayzor. It would be a very unusual move for a law firm to take on a case wherein one of its partners represents someone who is opposed to the Healthsmart lawsuit - namely Enrique Escobedo. In fact it could result in Royston Rayzor being disqualified from the case as evidence of influence peddling by Healthsmart with Enrique Escobedo came out. I simply did not understand how this could happen.

This is what Rick Zayas told me - he said the partner who makes the decisions wants the case and James Hunter will not get a say. Here is the kicker - Rick told me he had three trustees ready to give the contract to Royston Rayzor. He specifically said while negotiating with the partner at Royston Rayzor that they ALL COULD make attorneys fees on the Healthsmart lawsuit.

Understand my perspective - the lawsuit gets filed - BISD gets a large settlement. Meanwhile the FBI is in the background checking for fees being paid by Royston Rayzor to Rick Zayas and possibly to any number of the board members for agreeing to give the contract to Royston Rayzor. In my mind what could be better, BISD gets the money and old and new board members are taken down.

Rick later verified for me that Chirinos, Barbosa, Pena, and Powers were all on board with refiling the Healthsmart lawsuit. He did not say if they were aware of the back door deal with Royston Rayzor.

More to come on Monday - this weekend may see a Bond movie review.

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