Sunday, February 17, 2013




 


HOW RICK ZAYAS COST BISD NEARLY $20 MILLION DOLLARS - AND WHY FEDERAL JUDGE HANEN SHOULD BE IMPEACHED
 
THIS PIECE GOT LONG - TOMORROW I WILL VERIFY THE COMPLAINT PENDING AGAINST LINDA SALAZAR AND THE NEW ONE BASED ON HER REFUSAL TO RECUSE HERSELF IN A CASE WHEREIN RICK ZAYAS' LAW FIRM HAS FILED PERJURED AFFIDAVITS AND OBSTRUCTED JUSTICE.  I HAVE ALREADY CONSULTED WITH THE COMMISSION ON JUDICIAL CONDUCT CONCERNING THE DOCUMENTS AND THEY ASKED THAT I GET THE COMPLAINT FILED THIS WEEK.  LINDA SALAZAR IS CLEARLY ALLOWING HER OFFICE TO BE USED TO FAVOR RICK ZAYAS, BUSINESS PARTNER TO HER SON -  RUBEN CORTEZ.

Sorry for the caps - not yelling - note I did not bold - actually just too lazy to retype in non-caps - just highlighting one of Tuesday's stories - ah but do not forget "Mal de Ojo" Luci - Mal de Ojo

People would ask me, particularly lawyers, "why have you worked so hard to defend Rick Zayas?"  My response has always been the same.  I was not defending Rick Zayas, I was refuting lies being put out by a convicted felon, convicted drunk, a sanctioned judged who converted what should have been a felony DWI charge against Montoya to a misdemeanor, Ted Parker who had a $14.3 million dollar dog in the fight and an endless number of other unethical people.

When Luci Longoria announced against Rick Zayas, my first comment about Rick's first ad was "does this guy even know children attend BISD?"  I knew nothing about the cast of characters.  I was sitting at Luke Frias having my truck worked on when Ruben Cortez  called me to complain about the BV and some comments I had made.  Until then I had never spoken a word to Ruben Cortez.  He told me about a sanction hearing against Carlos Quintanilla and invited me to attend.  I did.

This is the first time I met Rick Zayas.  I  asked him who was the female sitting next to Quintanilla and I was told it was Luci Longoria.  Fernando Ruiz was also sitting next to Carlos Quintanilla.  I covered the hearing honestly.  Juan Montoya who was not even there printed a fabricated story which all blog readers denounced as a paid for article.  Something verified later on by sworn to statements by Mary Rey.

This is all I did.  But lawyers kept on telling me I needed to investigate Rick Zayas.  I always told people the same - tell me where to go for the information and I will research it.  I am not going to reinvent the wheel.

My first clues came one day when Rick told me he could not meet about Quintanilla because he and his sociopath law partner Luis Hernandez (yea I will defend that statement on documents) were on their was to  federal court for yet another sanction hearing over discovery abuses. 

I quickly came to learn lawyers viewed Rick Zayas and Luis Hernandez as unethical lawyers who obstructed the discovery process, but get away with it because Cameron county judges refuse to enforce the sanction rules.  I have signed an affidavit which is going out to all the proper state agencies both civil and criminal verifying that Rick Zayas told me that as a matter of policy Luis Hernandez denies all Requests for Admissions until he is brought into court on a sanction motion.  It is a delay tactic.  If the State Bar fails to take action, there will be litigation by me against Luis Hernandez, Rick Zayas, and the State Bar for covering it up. The documents I have collected prove my claims.

Every time I spoke of Hector Gonzalez's discharge I always said the same thing.   He needed to be fired based on incompetence, but the fact of the matter was, he was fired for political reasons. 

Judge Hanen went into the case of Antonio Juarez believing if Rick Zayas was involved the claims of wrongful discharge had to be true.  But here is the kicker - Judge Hanen knew they had no evidence to support Antonio Juarez's case, so he allowed in hearsay as a way to keep the case alive.

What  follows is from the court of appeals in the Antonio Juarez case.

"We also do not have jurisdiction to decide whether the district court erroneously considered hearsay evidence in denying Appellants’ motion for summary judgment. Appellants challenge the admission of two statements, made by Brito-Hatcher and Powers, respectively, purporting to prove that the Board had a practice of acting contrary to policy. For the purposes of deciding this interlocutory appeal, our jurisdiction over challenges to the admissibility of evidence extends only to evidence that is "critical" to the district court’s denial of a summary judgment motion. See Mersch v. City of Dall., 207 F.3d 732, 734-35 (5th Cir. 2000). Further, we only have jurisdiction over "immunit[ies] from suit," not over "mere defense[s] to liability." See Swint v. Chambers Cnty.
Comm’n, 514 U.S. 35, 43 (1995)"....  "The district court (meaning Judge Hanen) cited the challenged evidence to support its conclusion that fact issues remained as to whether the Board had acted pursuant to official policy."

You can see the full opinion here- page 8.    

How is the trial court, Judge Hanen, keeping the case alive solely on hearsay not "critical" to deciding the immunity question, when the hearsay formed the basis for keeping the case alive?

Judge Hanen allowed his belief Rick Zayas is an unethical lawyer to keep the Antonio Juarez case alive - even on inadmissible hearsay.  The end result was the dismissal of the Healthsmart lawsuit, settlements with Rendon, Juarez, and Gonzalez and untold amounts of attorneys fees, and a school district in total disarray.

It was not for Judge Hanen to use his personal unfavorable opinion of Rick Zayas to allow the Juarez case  to continue on hearsay.  This is an impeachable act and a breach of his oath of office.  But I know the federal commission which oversees these issues.  They will say the complaint is based on a ruling so they have no jurisdiction over the complaint.  This is not in the constitution, but when you have judges judging judges why let the constitution get in the way?

If Judge Hanen had an ounce of self respect he would resign and leave Brownsville after publishing in the Herald a full page ad taking responsibility for his actions.  I can assure you, George Lott who shot up the court house in Fort Worth had more character and integrity in his pinky than Judge Hanen has in his entire body.  He is a lifetime tyrant and Cameron county is stuck with him.  Later in the week, why he needs to recuse himself in the Rosenthal and Villalobos case - Does the name James Dannenbaum sound familiar?

Kind of ironic how he is overseeing the criminal cases of Limas, Villalobos, Rosenthal, Solis, Marchant and others.  Justice has no justice.  Who will oversee the justified impeachment of Judge Hanen?  No one, because the US Senate has abdicated its constitutional duties to the very judges who have corrupted the constitution.

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