Saturday, May 18, 2013

 
COVER YOUR ASS - THE ONLY WAY TO DESCRIBE TESTIMONY OF MANY OF THE ATTORNEY WITNESSES

To do this I need to pull two documents and copy and paste testimony from Mattingly and Gladden, Livingston's counsel.

I have explained to my readers with my signature on a piece of paper I can have my law practice back up and running in 6 months or so.  I choose not to.  Nothing will change because of this case.  Things may slow down, but the basic corruption will continue. Why would any honorable person want to be party to such conduct?

There are honorable attorneys in Cameron county.  But they do not have a  fighting chance against this system.  Some old guard attorneys play fair and get along, but it is because they are old guard and respected.

I am going to regret this, but I enjoy watching watching Norton Colvin cross examine a witness.  He he and his wife have been very nice to me.  But he has a light way, while getting the job done.  Young people watching Norton will want to become lawyers.  Norton is old guard - he started practicing law a long time ago - when things were still honorable for the most part.

I never fault an attorney for doing their job within the rules. 

Both AUSA are really nice - they are good at what they do.  But I prefer Surovic.  He is more like Norton.  Wynne is nice - has been very nice to me, such as all of the attorneys - incredibly nice to a lawyer.  He is doing a great job with Mattingly -  I cannot wait for the finish come Monday.   But Wynne is somewhere between Androphy and Norton, but closer to Norton than Androphy.  Androphy is very aggressive - but you know what his client's freedom is on the line so he is doing what he believes he needs to do.  I can respect that.  I just prefer Norton's style.

Androphy has a way about himself I do not like.  BUT HE IS DOING HIS JOB. 

THE CORRUPTION

It is not just Cameron county.  I have it on good authority the indictment of the Dallas DA is coming.  Brownsville compared to Dallas is a field of beautiful blue bonnets.  Dallas is a cesspool of endless corruption.

Gladden testified as follows:

It is possible he just got his date wrong.  His testimony does not match the dates on both the state and federal docket sheets.

Gladden said the Civil settled the day before the plea bargain - This is what I noted

Gladden walked over to federal court to nonsuit the civil case and remand it back to state court. In a Rule 11 Agreement the parties settled case. This was entered into the day before the plea bargain. This means there was no bond on the day of the plea. The Rule 11 settlement agreement was filed on Tuesday morning.

The agreement failed to note a $25,000 assignment to cover Livingstons expenses. A second Rule 11 Agreement had Eddie Lucio paying Gladden his $25,000 fee.

The clerk's office initial refused to accept the amended Rule 11 because the case had been closed. Gladden went back to judge Limas and he had his clerk file the agreement.

But note he also said he had to file the Amended Rule 11 Agreement with Limas directly because the clerk had already closed this file.  I knew this was not correct - The court retains jurisdiction for at least 30 days.

Look to the docket sheet below - many documents were filed after the original Rule 11 to settle filed on the 13th. - not the 12th as stated by Gladden - but maybe he just missed the date.  But the clerk refusing his amended Rule 11 - is simple false.  The docket sheet clearly shows lots of filings after the inital Rule 11.

02/09/2007 Document Filed
INTERVENTION: MUDDAMALLE LIVINGSTON Issue Date: 02/09/2007
02/12/2007 Document Filed
PLAINTIFF'S MOTION TO STRIKE PLEA IN INTERVENTION/CRDZ
02/12/2007 Document Filed
JOINT NOTICE OF FILING REMOVAL/CRDZ
02/13/2007 Document Filed
(PLTF) MOTION TO SET ASIDE NOTICE OF FILING REMOVAL/CRDZ
02/13/2007 Document Filed
RULE 11 AGREEMENT/CRDZ
02/13/2007 Document Filed
(ATTY. EDDIE LUCIO) RULE 11 AGREEMENT/CRDZ
02/13/2007 Document Filed
(PLTF) MOTION TO DEPOSIT FUNDS INTO DISTRICT CLERK'S REGISTRY
02/13/2007 Document Filed
FOR THE BENIFIT OF MINORS/CRDZ
02/13/2007 Docket Entry (1:30 PM) (Judicial Officer Limas, Abel)
ORDER ON MOTION TO SET ASIDE JOINT NOTICE OF FILING REMOVAL IS
02/13/2007 Docket Entry (2:40 PM) (Judicial Officer Limas, Abel)
HEREBY GRANTED SIGNED FOR ENTRY. ACL/CR
02/13/2007 Docket Entry (3:50 PM) (Judicial Officer Limas, Abel)
AGREED JUDGMENT ACLIMAS/CRDZ
02/13/2007 Docket Entry (1:50 PM) (Judicial Officer Limas, Abel)
Court has reviewed Agreed Judgment of the parties and finds and
02/13/2007 Docket Entry (3:10 PM) (Judicial Officer Limas, Abel)
accepts said agreement. Court finds it is in the best interest
02/13/2007 Docket Entry (4:20 PM) (Judicial Officer Limas, Abel)
of the children. Court authorizes release of all funds to
02/13/2007 Docket Entry (5:00 PM) (Judicial Officer Limas, Abel)
attorneys for the Plaintiff/ ACL/lag
02/14/2007 Docket Entry (3:40 PM) (Judicial Officer Limas, Abel)
ORDER ON MOTION TO DEPOSIT FUNDS INTO DISTRICT CLERK'S
02/14/2007 Docket Entry (4:20 PM) (Judicial Officer Limas, Abel)
REGISTRY FOR THE BENEFIT OF MINORS SIGNED FOR ENTRY. ACL/CR
02/26/2007 Docket Entry (12:00 PM) (Judicial Officer Limas, Abel)
Court authorizes release of $500.00 cash bond to attorney
02/26/2007 Docket Entry (1:10 PM) (Judicial Officer Limas, Abel)
Eddie Lucio/ ACL/lag

MATTINGLY

His testimony today.

Feb 12, 2007, the trial team and defense team were called into Judge Limas chambers - Limas wanted to know if there was any way to plea this this. Villalobos, Mattingly, Barraza, and Rabb were all there in chambers.

When Mattingly left Judge Limas chamber they understood no plea. Mattingly, Barraza, and Rabb went back to their office Monday night to get ready for trial.

At no time during this cross examination did Mattingly say he expected a plea for 23 years.  He was clear - they left Limas' office and went to the office to get ready for trial.

BUT THEN

Mattingly has to explain how he wrote up the plea bargain on the 13th, at 9:36 a.m., when he was not even in the courthouse.

On the 13th Mattingly witnessed an accident and had to wait for the first responders. - His comments were not written on the morning of the 13th. Mattingly says the deal was written the night before - Monday - but Mattingly already testified after he left Limas chambers the night before there was no deal and he and his staff went to prepare for trial.

None of this makes any sense .

Now compare the relationship between Gladden and Mattingly

Mattingly

"Mattingly believes Gladden was lead attorney for Livingston. Mattingly says Gladden and he did not like each other."

According to Mattingly, Because of the strife between Mattingly and Gladden, Villalobos negotiated the plea. When Mattingly finally got to court the plea was already underway

Compare to Gladden

Gladden's discussions were with Mattingly. Villalobos was also involved in face to face discussion in his office.

According to Gladden up until trial the plea discussion were professional. Livingston would not agree to jail time, and the DA was demanding a range of 45-55 years - more or less.

24 comments:

Anonymous said...

Like my Dad use to say" If you lay down with dogs you will catch fleas" Start some kind of citizens judicial watch group .You know the players .At least this way you can have honor and possibly make a difference.

BobbyWC said...

no comments on padilla - within 30 days I expect to have something filed with the Freedom Project with very specific accusations against Padilla - when I complete it I will publish it on the BV

BobbyWC said...

I agree 100% with your comment - but under my current rules those type comments are not getting through - once we have a verdict whether innocent of guilty - if you repost the same comment I will post it - I may even post it as a free standing post.

I have a lot of people reading the BV right now - a man's freedom is on the line - I am being very careful

This post was sparked by my frustration with all of these attorneys testifying like they were ignorant of everything is getting under my skin.

But I did add positive comments about the prosecuting attorneys and defense attorneys

And to be clear - even though I find Androphy to be too aggressive he has been nothing but nice to me. The first day I shook Villalobos hand in the elevator on the way to court - I told him I wished him luck and that all anyone can hope for is a fair process to get to a just result

so far I can say the process in the court room has been very fair.

Even Villalobos' mother has been very nice to me - she is a very beautiful woman inside and out - and I expressed that I felt for her having to watch this.

In the end I am human - no true believer in Joshua (aka) Jesus wants to watch anyone suffer.

This is very real -

But in the end we can all hope for justice.

I think this jury is very engaged.

Judge Hanen knows when to hit them with levity to get their attention.

In front of the jury he has never once expressed his frustration with the pace of the trial

Away from the jury is another thing - but he is very, very professional about it - he is just being honest.

In my opinion the lecture he gave them today after the jury left was to help them.

Bobby WC

BobbyWC said...

Again at this time I cannot let your comment through= regardless of the verdit (regardless of what it is) the comment would be spot on -

Bobby WC

BobbyWC said...

Sorry, not getting through - I have too much respect for the system to make such statements at this time. And for the record, there is a difference between getting off, and negotiating a back door deal - there are no back door deals with Judge Hanen - in his court you are going to try the case to the jury

Bobby WC

Anonymous said...

I am feeling your frustration with the attorneys...In fact the whole system.DA Saenz, If you or your team is reading this blog and/or have been following the various testimonies that have been given, I implore you to show respect for the office you hold and to the people you serve and say enough is enough .Lady justice isn't some common pootah that can be pimped out.The Judicial system should not be raped and made a joke of.You can do the right thing on your own and the people will respect you and MORE IMPORTANTLY the office you hold OR You can sit around and allow the system to continue as is and leave the people who voted you in feeling hopeless and frustrated.ODLF, buddy or not as well as a few more need to go.You need to clean house.The people ,the city and the office you hold deserves better.

Anonymous said...

I'm absolutely shocked they haven't gotten into more witnesses fixing cases. Bail bondsmen where BLATENT about how one didn't need an attorney to fix a DWI. It should be as simple as going through the suspect companies DWI bonds and trying to get one bondees to talk.

BobbyWC said...

Oscar de la Fuente got into that and he testified Villabosos told him he did not want to go there.

On another post someone saif the Rule 11 will be the lip biter - I agree - it will be Monday -

I suspect but cannot prove DOJ insiders may be making some posts here and there - because things coming out in trial relate to comments I have rejected over time because at that time there was no known evidence on the issue.

I think Mattingly will sink himself for good come Monday - but we shall see.

The other comments were outside the range of what I said I would approve at this time - also as to so and so's daughter he admitted to that in court - but it is not part of the case

Bobby WC

Anonymous said...

Why will you not address the Livinston bail issue? That is the heart of the case. Where did the money come from? Did the father contact Villalobos? Livingston's father should be a witness. He is at the center of everything. There has to be money involved or nothing happens, you must know that.

BobbyWC said...

First of all the bail issue has been covered extensively - Gladden discussed the father. It is all there - it is not for me to call the witnesses - I have reported everything said in court - your comment is just silly.

The father will not be called as a witness - they do ont need him - my understanding is - the Rule 11 Settlement Agreement will be further discussed on Monday when Mattingly takes the stand

Bobby WC

BobbyWC said...

I cannot publish your comment - but in trial the dirty manner in which SOG was used came out - The truck could have been stopped long before getting to Cameron county - it was an intentional act to wait for the truck to cross the Willacy Cameron county line

Beyond that nothing else is coming in during trial

with this post I am trying to raise your issue to my audience - what I saying was clearly in the testimony so I am willing to repeat it.

After the verdic - have at it with the comment - it will get through

I know how I am handling this is frustrating - I am telling you it is killing me the comments I want to post but will not until after the verdict



Bobby WC

Anonymous said...

With all due respect, I believe my post only brings up the question that IMO readers are missing about the money. How do defendants have all this money they are unaware of and get a check back? Why no charges? Why no forfeiture of the truck or houses?

Anonymous said...

Ok, so how come the DOJ prosecutors aren't attacking this angle more? I've been following your coverage and it seems they have seemed to let this issue slide which blow my mind

BobbyWC said...

In your amended post, you took out facts which have not come out, so I was able to approve it.

Look the judge is all over the lawyers for taking too long. Further, the DOJ is not done yet - maybe what you are talking about will come out. There seems to be a lot of issues in the evidence list which is not coming out.

These are seasoned prosecutors - the job is to get a conviction - they are making decisions based on the feel in the courtroom - you cannot overload the jury.

Bobby WC

BobbyWC said...

I will see what I can find out, but right now I am working 14 hour days - I am not getting paid for this - it has cost me a fortune.

I got up at 6 this morning - I read some papers- had coffee, vacuumed the pool - did 10 laps - made breakfast, did dishes, did research for french door door knobs, I have been mowing for 2 hours, - then shower - then paint the trim in the livingroom and the new Frnch doors. - then clean the garage- then maybe - but doubt it mow the front yard - and court all restarts tomorrow.

Bobby WC

Anonymous said...

Take a break man! All of your readers really appreciate your hard work. I'll invite to La Pampa when my finances improve.

BobbyWC said...

The BV never accepts meals or money - I have no time for a break - still mowing - I just came in for water.

Bobby WC

BobbyWC said...

To your request - right now I am buried - the soonest I can call you is next Saturday - assuming we are not in court.

Even then I do not give legal opinions - More often than nor I refer people over to agencies which might be able to help
Bobby WC

Anonymous said...

I am still studying haven't graduated yet should have probably told you that.

BobbyWC said...

My long term readers know I taught American Government for 3 years at Houston Community College.

For me a lot of this is educating the people in the process - there is a lot more to this tial than snippets of information.

My readers are learning the enter process as he jury sees it.

This is a learning experience for everyone.

People are learning this is not a TV courtroom

Bobby WC

Anonymous said...

Still got respect for the job your doing .Your fighting to expose injustice and that's an honorable and noble mission.Wish you luck.

Anonymous said...

Injustice is at every level of our government. Armando has lost everything guilty or not guilty. Is our criminal justice system composed of injustice, justice, or what citizens have accepted as normal in our community. Is our criminal justice system being exposed because of indictments against former advisories. I don't know the answer. The questions we must face is can those in the system change the system in Cameron County, I am afraid the answer is no, Not yet, too many individuals rely on the system to make a living. Until that changes, the system whether it is criminal or civil will remain the same.

BobbyWC said...

Once there is a verdict I will address this issue. DA Saenz is in an impossible position. But there are things I will address he must do if he wants to send the right message to the community at large and the lawyers.

God save us if the Judges do not start doing their jobs.

The judges just signing everything without insuring it is incompliance with the law is a major part of what happened here.

The assistant DA's - well my boss told me to do it - bullshit - we do not need people like this anywhere near the DA's office.

Bobby WC

Anonymous said...

DA Saenz put himself in that position.He knows the players.He played the game.He should clean house and he knows it.I am just not sure he has the balls to do so ( he is no Giuliani ...)I pray, I'm wrong ; ( cant help but dream of a knight on a white horse coming in to save the system and restore honor) but my money says that it will depend on how hard he's pushed and by whom.You are absolutely right total bullshit on the ADA .'s Sad times for Lady Justice..and a big AMEN to GD saving us all. And at 10:25 think they consider it normal at this point.