Sunday, August 25, 2013













DA SAENZ AND DISTRICT COURT JUDGE ARTURO NELSON, WHERE JUSTICE GOES TO DIE


THE INEPT CRIME VICTIMS' IMPACT UNIT

Since DA Saenz took office I have blogged about the joke which is his crime victims unit. He chose to remake it using political appointees instead of highly qualified people. The results coming from the crime victims unit shows that victims are being victimized a second time by DA Saenz and his incompetent political appointees.

The first case concerned a young lady who was the victim of domestic abuse for the second time.  DA Saenz office refused every effort to help the victim.  It reached the point that the AG's office  took the case and did the work DA Saenz inept staff should have done.  His staff was so unprofessional that they left the victim cry all weekend in fear of testifying eventhough the week before they did a plea bargain without so much as contacting the victim.  They were so inept I had to bring to DA Saenz attention defense counsel was going to have the bailiff arrest the victim in open court over a bad old capias.  His ADA failed to check the background of the victim. 

In another case after the victim completed the forms provided by DA Saenz's office and returned them with an estimate for repairs from the Harley dealership, the crime victims unit returned it to the victim with no explanation.  The envelope from the crime victims unit  clearly showed CVU written in by hand.  I took it directly to DA Saenz with a complaint - why was it returned?

DA Saenz then agreed to a plea bargain with the defendant which included no restitution in a case which involved thousands of dollars in damages to two motorcycles when the defendant exited the bar.  The defendant was charged and did 76 days in jail but was allowed to walk without restitution.  The victims were never contacted by the CVU, beyond a post card in Spanish telling them to call the DA's office.  The victim who received the card does not speak or read Spanish.  He called the DA's office and was told the defendant had been released from jail nothing more.

He will now file a claim with the AG's office.  Instead of the defendant paying the thousands in dollars for the damages done to the two victims Harleys the taxpayers through the crime victims fund will pay.

THE ABANDONED CASES

Under Villalobos cases were abandoned by his office and left to sit going nowhere.  Villalobos staff would provide the courts with the wrong address for the defendant.  The staff which works for Judges Gonzalez and Nelson lacking the commonsense to make sure the notice to appear was sent to the correct address would just put the return envelope in the folder and the case would sit for years.  There are many such cases out there as I type.

All the judges' staff has to do is look to the address on bond form completed by the defendant to learn the correct address of the defendant.  This is beyond the skill set of the staff which works for Judges Nelson and Gonzalez.  In the two cases I have seen the bond form had the correct address.

Judge Gonzalez being totally devoid of any knowledge of the law issues arrest warrants on defendants who fail to appear even though they were never ordered to appear.  Judge Nelson simply puts the file up to do nothing.

Judge Nelson and DA Saenz were informed by me as an unpaid advocate - legal according to the US Supreme Court - that they were dealing with yet another one of these cases.  The defendant's attorney not only threatened her in open court that she better do as she is told or she would go to jail, he then summarized for the court the alleged evidence against his client.  Any ethical judge would have immediately dismissed Attorney McMaster, but this is Judge Arturo Nelson where justice goes to die.

When the defendant tried to defend herself from her own court appointed attorney Judge Nelson told her to be quiet.

The Texas Court of Criminal Appeals has made clear that once a case is a year old it should be dismissed for want of a speedy trial, if the defendant had nothing to do with the delay.  This case was 3 years old with zero evidence the defendant was responsible for the delay. 

The documents proving this and case law were put before Judge Nelson and DA Saenz to no avail.  The defendant tells me she also filed it with the court.

It contained an express request for a new attorney because McMaster had done nothing to help her.  I was in court when he was yelling at her to the point the bailiff had to tell him to hold it down.  He had zero knowledge of her file and the fact the case had been abandoned three years ago.  He point blank refused to seek a dismissal for want of a speedy trial.   He demanded she take the felony plea agreement or she would go to jail.  This was done in open court within earshot of the bailiff who told McMaster more than once to hold it down, and Judge Nelson.

The defendant held.  The ADA finally offered deferred adjudication misdemeanor.  During the plea the defendant tried to tell Judge Nelson of McMaster's abuse and ask for a dismissal for want of a speedy trial and for a new attorney - as she was trying to speak is when Judge Nelson told her to be quiet because it was best for her to be quiet.

The only thing Judge Nelson did right was order McMaster and the ADA to insure that the plea agreement would not impact her SSI.  McMaster as her defense attorney did not care - he had to be ordered to do his job.

I am taking Judge Nelson to the Commission on Judicial Conduct and McMaster to the State Bar.  I am working on finding a civil rights organization to take the defendant' case while it can still be reopened.  I do not  doubt Judge Nelson would have dismissed the case if asked.  The problem is Judge Nelson shut her down so she could not ask, although he knew in writing she wanted it dismissed for want of a speedy trial.  Her inept and unethical court appointed attorney just outright refused to ask that the case be dismissed.  This is not acceptable.

DA Saenz should have handled it when it was brought to his attention.  All of these abandoned cases need to be dismissed, but DA Saenz being who he is will rely on court appointed attorneys like McMaster to work with his office to screw these indigent defendants.  One must ask if McMaster's paying clients are getting better deals in exchange for screwing over his court appointed clients.

TUESDAY - The full story behind the AG and DOJ/FBI taking control of criminal investigations in Cameron county related to elections and the judges.

2 comments:

Anonymous said...

Bobby, thank you for all the info you so generously provide to us. I am not an attorney but I can usually follow your posts. You are the only blogger that is relentless in your pursuit of justice but I get somewhat sad that some of these people get away with sooooo much. I ask myself when will the FBI etc.come after so many illicit people-----BISD----DA----COUNTY----CITY----PORT----PUB----and on and on.

Even the local reporters only report what is convenient to them. Just look at the article about the mother of Livingston's victim seems jaded----why didn't this reporter go after these sleeze balls before----why now after the fact? Is it because it is safe for her to do so now?

Thank you for all you do for this community----we are indebted to you.
Blessings to you and yours.

BobbyWC said...

I needed that post - I am real real tired - all day on the phone with Washington, some national press, dealing with BISD, writing three very detailed complex letters -

I am ready for BINGO if I can stay awake.

The good news is I got some national press interested in the blogging issue and the courts. I am hopeful for a national article within 30 days - the proper administrative requests have been filed before the US Supreme Court and Texas Supreme Court to take on the issue and set national standards.

None of this is easy.

Writing a blog is nothing like writing legal - it is completely different - every word has to be measured for its effectiveness. Every sentence has to have a specific purpose with keeping the goal in mind - such letters or briefs always exhaust me

I was already exhausted from yesterday on an emergency brief which needed to be done

Anyway thanks for the kind words - they make it easier.

Bobby WC