Thursday, October 31, 2013


MONTOYA AND MORONIC READER ATTACKS PROYECTO JUAN DIEGO AND NUN SISTER PHYLIS
 
I held a post until I could investigate.  The claim was Ernie Hernandez rented a van and was driving seniors from Cameron Park to the library to vote.  The claim is true.  But here is the kicker - I am asking myself this is a constitutional amendment election - Ernie nor any candidates are on the ballot for Cameron Park so what is the big deal.  This is why I found the post suspect.  Really Ernie is going to change the outcome of constitutional amendments by driving 20 or so people to the polls.

Sister Phylis Peters of Proyecto Juan Diego called Commissioner Hernandez and asked for help in getting seniors from their homes [not adult day cares, nursing homes, or assisted living centers] to vote for these constitutional amendments.  Why?  I believe 2 will potentially impact widows of veterans in terms of property taxes.  This is why it was home owners who wanted help getting to the polls, not nursing home, or assisted living residents.  They have no interest in a reduction in property taxes.

My commitment was and remains I will denounce anyone who uses vans to take people from nursing homes, assisted living homes or adult day care centers to the polls.  My issue is their health.

It is a time honored tradition in all 50 states that candidates and party operatives pick people up from their homes and take them to the polls.  When I lived in Dallas I participated in this program with the Democrats.  I would get a call that so and so needed a ride to the polls.  I along with many other volunteers would drive around town and pick people up at their request and take them to the polls.  This is done in all 50 states by Democrats and Republicans alike.

Sister Phylis Peters asked Commissioner Hernandez if he could help with getting these seniors to the polls who wanted to vote for the constitutional amendments which could lower their property taxes.

AND WHAT DOES MONTOYA AND HIS MORONIC READER DO?

They attack a nun.  Sister Phylis Peters.  Montoya has no shame and neither does anyone who believes a word he says.

AND FOR THE RECORD JUDGE CASCOS VERIFIED ON VALLEY  CENTRAL MONTOYA IS A LIAR

In an interview last night he made clear until their is a lawsuit against Judge Garcia they cannot hire counsel.  Once a lawsuit is filed counsel will be hired.  Montoya's entire story was a lie.  Sorola cut and ran after the meeting was set.  The Agenda could not be changed.  The issue became moot because Sorola fearing Judge Tagle serving up his huevos as rocky mountain oysters cut and ran by dismissing the lawsuit once he learned the Motion for Sanctions was about to be served.

If I were the county I would not even return his phone calls.  He will never refile the lawsuit.
 
 
TEXAS COURT OF CRIMINAL
APPEALS NAILS TEXAS ON FREE SPEECH

This is an impossible case from an emotional perspective.  No one will argue it is a good thing if an adult talks sex with a minor on the Internet.  But as Justice Cochran, a very, very right wing Republican noted, that under the law as written by Texas, an adult male in Dallas talking sexually with a minor in Mongolia could be prosecuted under this law.

The key to the opinion is the law does not focus in on the adult's intent to act on his words. 

From a very conservative all Republican Court this is a remarkable opinion.

The sad part is if they were all Democrats the Republican Party would be headlining with Democrats Promote Sexual Predators.   This is the type opinion which has to come from an all Republican court so as to stop the nonsense accusations.

You can read the Opinion here

Now given the fact adults talking sex to minors on the Internet is constitutionally protected how is Josefina Fisher [Canales-Begum] calling Yolanda Begum the self anointed princess a fake not free speech?

See Criminal Charge

Answer:

With there being no question Saenz would become the new DA, Begum and his partner gave Saenz $3,500 on the eve of the election.  I fear no lawsuit for defamation on this - it was donated for influence.  I am 100% certain a jury would agree with me.  That influence got Josefina prosecuted on a bogus charge.  I am nearly done with the complaint for the FBI and the Civil Rights Enforcement Section of the DOJ based in Dallas.  Begum and Saenz need to be indicted and sent to federal prison for this.

See campaign finance report

This only reinforces the DOJ's view of DA  Saenz

"A convicted drug trafficker has testified that he once bribed Cameron County District Attorney Luis Saenz when Saenz was a special prosecutor.

Federal prosecutors called Carlos Justino Ramos as a witness against attorney Eduardo "Eddie" Lucio."

See Valley Central Report
 
 
ZEKE SILVA MAKES FOOL OF HIMSELF AT COMMISSIONERS COURT

MONTOYA, "I JUST CANNOT HELP BUT LIE"

UPDATE:  I have been out all afternoon. I have now confirmed that Judge Cascos admonished Zeke Silva he had no idea what he was talking about.  The law mandates that the county provide Judge Erin Garcia a defense if there is a lawsuit pending against her.  Funny how Zeke decided to not report to Montoya how Judge Cascos took him to task.

Zeke is a part-time county employee.  So it is not clear if he was on county time when he was at commissioners court.  I am told an investigation has been opened to determine if he was assigned to be working for the county at the time he was at commissioners court.  If he was, a complaint will be filed.  But I warn people - he is a part-time employee.  It seems to me he was probably not assigned to be working for the county, at the time he was at commissioners court.

But his words and non-sense are being forwarded to the AG as further proof of DA Saenz's bad-faith conduct.  The fact the AG, assuming Montoya is telling the truth, refused an expedited ruling means they see no harm to the community - translation DA Saenz in sunk.

Sorola will not refile the lawsuit.  To an attorney and judge I was told they all agree Judge Tagle will offer up Sorola's huevos up on a platter as rocky mountain oysters and make him eat them.  This is done.  We now wait to see what action if any the State Bar takes against Sorola and Saenz.

Original Post

Montoya cannot speak without lying.  He is reporting Commissioners Court voted down providing a defense for Judge Erin Garcia - a lie - but then again his source is Zeke Silva.

If there is no lawsuit what is there to defend?  Get it - it's a typical Zeke Silva Juan Montoya con job.

What I am waiting to find out is if they gave counsel permission to file and immediate answer in the event a defense is needed- meaning the lawsuit is refiled, or does it have to be reset before commissioners court for authorization.  I do not know the answer to this.  But I do know I spoke with several commissioners and Judge Cascos and they all agreed the county must defend any pending lawsuit.  Since there is no lawsuit, what is there to defend? - nothing.

BUT MONTOYA BEING MONTOYA MUST LIE IF HE IS TO PUBLISH A POST

Zeke Silva who works for DA Vindictive Dick Luis Saenz, went before commissioners court and demanded they ignore Texas law and deny Judge Erin Garcia a defense.  I am told the laughter could be heard in Mexico City.

I do not see how it is possible that Saenz can have anything to do with this matter at this time.  His bias is clear - he intentionally mislead the AG as to which law applied to the facts of the case, and his employee Zeke Silva is on line and before commissioners court defaming Erin Garcia.

I suspect there will a battle royal to have DA Saenz removed from even investigating this matter further.

I am waiting on confirmation as to what happened at the meeting in terms of a vote.  As as soon as Cameron county releases what ever is public I will publish it.

APPARENTLY THE IMP
CANNOT HANDLED REALITY

The Imp claimed that he was going to have his attorney to contact me because he was headed out to New Mexico - neither event ever happened. 

I am certain he has no lawyer because any competent lawyer would have ordered him to stop his obsession with me a long, long time ago.

He claims I have sent him several messages - but posts none of them.  There is no truth to any of his claims that I have sent him these so called missives. - messages -

His claim about a police report is false.  I already spoke with the police in Kyle, Texas.,  They confirmed his address is within their jurisdiction.  We discussed the details of his postings.  I was told to take everything to the Brownsville police.  I was told he will be asked to produce the so called messages, if a decision is made to open an investigation.

I contacted the Brownsville police.  My complaint will be assigned to someone who specializes in Internet crimes.  Claiming to file a police report is a crime.  Filing a false police report is even a bigger crime.

The Brownsville police offered to send an officer right away to collect my documentation.  I said no - they have more important things to worry about and that I would be there sometime this afternoon with all of the documents.

And for the record, I have filed no complaints with google against the Imp.  If a criminal complaint is opened, that I will file with google, who owns blogspot.

Now, that I think about it, I will authorize the Brownsville police to open a criminal investigation against me for these alleged messages the Imp claims to have received.  When he cannot produce them - he is hung.

LUIS SAENZ - A LAME DUCK DA HELL BENT ON DESTROYING CIVIL RIGHTS AND BEING ONE VINDICTIVE DICK TO CAMERON COUNTY

Why do I say lame duck.  DA Saenz is a target of the FBI and DOJ.  He knows when the DOJ lawyers called a witness to testify that DA Saenz took a bribe his career was over.

"A convicted drug trafficker has testified that he once bribed Cameron County District Attorney Luis Saenz when Saenz was a special prosecutor.

Federal prosecutors called Carlos Justino Ramos as a witness against attorney Eduardo "Eddie" Lucio."

See Valley Central Report

Cris Valadez told me that Saenz approached him and told him he would settle the score for Valadez going to a Masso fundraiser.  In every conversation with Cris he always refers to Saenz as dangerous and vindictive.

Yes, I said Dick - maybe the dick will now prosecute me for obscene language.  I am not Josefina Fisher or her attorney.  I actually know the law and would have him in federal court before he could change his pissed soaked underwear.


 
 
The above post by Zeke Silva is defamation per se.  It is a county employee defaming a sitting judge.  There is zero evidence taxes have not been paid on the money collected.  Also Saenz in his own AG request says the fee is $25.00, not $50.00.  Further channel 5 did not do research to show it is illegal to collect the fee.  The report did not deal with the waiver issue.  In fact the copy editor on the report should be fired for writing incoherent gibberish.  It is so bad, it has no relationship to reality. 

It is my understanding that the post is before commissioners court as evidence that the county attorney needs to appear in writing before the AG defending Judge Garcia against DA Saenz and Zeke Silva.

I have an open records request for the numerous complaints filed by county employees against Zeke Silva.  DA Saenz being devoid of any knowledge of the law is arguing [1] because I will use the information to write a bad story against Zeke it is not subject to disclosure; and [2] to release written complaints against Zeke Silva would put the DA in a position of being sued for slander.

Lets start with number 2.  Slander is spoken. This quack of a DA does not even know the difference between slander and libel.

On number one - if this were the standard, Fox News would be entitle to no FOIA (federal open records act] information related to President Obama.

I am mailing Zeke's latest post as evidence that DA Saenz is running cover for this convict.  They already have the next post by Zeke Silva.


 
I included the above in my letter to the AG as to why I am entitled to the complaints against Zeke Silva.  The story is not Zeke Silva, it is how DA Saenz is using this convict to do his dirty work and how DA Saenz is running cover for him.

Let's deal in facts.

DA Saenz brings harassing criminal charges against Josefina Fisher for calling Alex Begum's mother a fake. DA Saenz claims calling someone a fake is obscene.  This is ridiculous.

See charge



For the record Yolanda Begum is a fake self anointed little princess who thinks she can lie on police reports about her home address, and lie on her pledge form to the Democratic Party

See documents

 


In considering any criminal complaint against DA Saenz for civil rights violations law enforcement certainly needs to consider the fact Alex Begum gave DA Saenz $3,500 at the 11th hour of his campaign for DA.

Click for campaign finance report


DA Vindictive Dick Luis Saenz to protect Zeke Silva instigated a criminal investigation against Norma Hernandez, when even an idiot can read the two police reports and see that Zeke Silva instigated the entire altercation

Below is the incident report created at Zeke Silva's request.

Click for report

Below is the incident report created at Norma Hernandez's request.

Click for Report
Well, the attorney pro tem assigned to the case saw the truth and dismissed the investigation.

Click for dismissal  against Norma Hernandez

What is important to this story is DA Vindictive Dick Louis Saenz will never forgive the Hernandez family for backing Masso.  And for the record I opposed Masso.  I coined the phrase "No Más Masso," and find it incredulous he was not indicted over the Brownsville Navigation District mess and his ties to Villalobos.

Where is DA Vindictive Dick Saenz on my criminal complaint against Juan Montoya for possible extortion against Cris Valadez - which could explain why Rosie Sheldon Sotelo's ad continues to run - more on that tomorrow.

Saenz is out drinking with the convicted DWI Montoya feeding him false information against Judge Erin Garcia




If this were Dallas county a major law firm based on all of the above would file a petition for the removal of  DA Saenz.  But this is Cameron county wherein the attorneys never act to protect the community.

How about you Magallanes or Rincones - you each say you want justice and fairness in our courts - how abouy you two file the removal action?  Answer - LIARS

I know no one will because action is not in the blood of the people of Cameron county - but email Magallanes and ask him.

Click for Campaign Page

You can email Rincones and ask her - but you won't

Click for Campaign Page

We have a lame duck DA.  The people in North Korea have a better chance at justice than the people of Cameron county.

Not that anyone will care, but here is the statute for removal of DA Saenz.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.87.htm


When the lawsuits start, and they will I will be all over Commissioners Court.  They have the evidence to take down this DA and refuse.  So when the taxpayers are exposed to judgments, the taxpayers will get to decide if the current county judge and commissioners are the type leadership which will end the corruption in the DA's office.  They are clearly not.

Wednesday, October 30, 2013

 
 
CAN ZIMBABWE'S CONSTITUTIONAL COURT TEACH DA SAENZ SOMETHING ABOUT FREE SPEECH?

"HARARE, Zimbabwe (AP) — Zimbabwe's highest court has reprimanded state prosecutors for overzealous actions to bring to court suspects accused of insulting longtime ruler President Robert Mugabe.

The Constitutional Court, in a ruling issued late Wednesday, said the panel of nine judges "admonished" prosecutors for pursuing cases where remarks allegedly insulting Mugabe were made "in drinking halls and other social places.""

Click for full AP story

Josefina Fisher [Canales Begum] has a better chance of having her right to free speech upheld in Zimbabwe than by Cameron County District Attorney Luis Saenz.

See criminal charge against Ms. Fisher - DA Saenz claims calling Yolanda Begum a fake is obscene and therefore criminal.
 
 
RAUL SALAZAR PRETRIAL
HEARING GETS INTERESTING

For those of you who may not remember, Raul Salazar is Ernie Hernandez's administrative assistant charged in the case of Robert Cadriel and test taking to help Robert Cadriel get a job.

This is what I learned - Gus Garza rather than face Justice Fred Hinojosa complied with discovery requests.  I'm shocked - Robert Cadriel and David Garcia were given written deals by the DA.

Also of note, a recorded statement I am being told will have former personnel director Robert Lopez stating he gave the order to the Cameron county employee to take the test for Robert Cadriel.

Who is David Garcia?  He is Cameron County Deputy Administrator.  This is the same guy Montoya has trashed a thousand times.  I have never come to the guys defense, or contradicted Montoya on any of his posts related to Garcia.  But I am curious, will Montoya change his tune on November 12, 2013, at the trial when the truth comes out.  Will he then come to David Garcia's defense and say the claims against him are false so as to make Ernie Hernandez look bad?

Guys, I have no idea who did what.  I will cover the trial and let the jury decide.  Let the axe fall where it may.  I am fine with whatever the jury decides.  I have no doubt Justice Fred Hinojosa will provide both sides a fair and clean trial.
 
 
THE ALEX DOMINGUEZ AFFAIR

My issue begins with a simple concept - do not start a campaign claiming your opponent is dirty and you are clean when the evidence shows you are not clean.  He has two Texas Ethics investigations pending.  It is that simple.  He is not clean.  Does this mean Ernie Hernandez is clean - no - no one has worked longer and harder against the politiqueras used by Ernie Hernandez than the BV.  The BV is the only blog to seek criminal charges on the issue.  My recollection is Margarita Ozuna was charged and plead no contest.

The BV remain the only blog denouncing the use of taking seniors to the polls in vans controlled by the campaigns.  It is a firm rule which will apply to everyone - period.

If I were to vote based on the candidate having to be 100% clean, I would not be able to vote.  No one is 100% clean.  Politics is what it is, it is how much dirt we are willing to accept, compared to what the candidate is offering.

What I do is balance the fact of dirty with what I care about.  In the case for Cameron County Commissioner race between Ernie Hernandez and Alex Dominguez I have heard nothing about their plans to move Cameron county forward.  How they can unite the various cities to make us into a metroplex. 

We do not need United Brownsville. We need a commissioners court which can unite the cities to make Cameron county an economic engine.  In the March primaries and then in November these are the issues I will look at before I vote.

Both Brownsville and Harlingen have very strong things going for them.  A competent County Judge with competent county commissioners can unite the two cities to make them as a unit into a powerhouse.

All I am saying is when you decide to vote, vote based not on distractions but on ideas.  Has the candidate articulated how they can make Cameron county into a metroplex.

While I do not get to vote in the Hernandez/Dominguez race, I have yet to decide who will best serve Cameron county.  The race is very short on ideas.  I have no opinion on who is the best candidate.

I propose Dominguez stops this campaign of "I will not hire relatives" - dumber than shit btw, and start talking ideas.  When he starts talking ideas which move the county forward they all will be covered by the BV in a positive light. 

Someone, anyone, tell me why this standard is bad.

For the record - universities teach their students how to network and make connections with the employers because the one way you do not get a job in the US is dropping an application off at the personnel office.   All over the US someone has networked with someone with an inside source and this is how most people get their jobs.

Every so often the personnel office will hire based on applications filed - but this only happens when none of the candidates have networked into the company.

This is how America works - do I like it - no - I think the best tend to not get jobs because of this system.  But to blame the entire system used in the US on one person is nonsense and misleading.

Now, if it is shown that any public official had someone take a test for a family member so they can get a job - I say - hang them and put them away.  No sacred cows.

Dominguez would do well to listen to the friends who have been trying to tell him to change his tactics.  Dirty politics does not work - All ideas will also be presented on the BV in a positive light regardless of who the candidate may be.

Tuesday, October 29, 2013


PRESENTING FOUR OF CAMERON
COUNTY'S MOST UNETHICAL PEOPLE

Left to right, Mary Esther Garcia, candidate for JP under investigation for misleading voters as to whether or not she was already a JP, Alex Dominguez (picks on women when their down) Dominguez under investigation for misleading voters as to already being a county commissioner, and for raising campaign money and expending same on ads before authorized by law, Louis Sorola for filing for what he knew was a baseless lawsuit against Judge Erin Garcia, and Sofie Benavides sanctioned by the Texas Ethics Commission for violating campaign finance rules.

See Benavides sanction order from the TEC

Sources within Judge Linda Salazar's court have verified that scumbag Alex Dominguez was in their office laughing about what Sorola was doing to Justice of the Peace Erin Garcia.  The women were offended that a so called man would kick a woman when she is down.  But then I guess Alex Dominguez was never taught how to treat women.  He made no friends in JP Salazar's court.  He offended the entire office.   For the record I hate the word scumbag - but what else do you call a man who kicks a woman when she is down?  You tell me.

 
POOR MONTOYA, CANNOT
TELL A TALE WITHOUT LYING

UPDATE:  Montoya rather than add an editor's note simply deleted his post and then admits to lying.  Here is comes - sit down because you will fall - he blames the mistake on his drinking while with DA Saenz in a bar or event.  Now mind you the the FBI is all over the Sonia Solis case and the fact Gomez hired her son Steven Berlanga immediately upon taking office.  They are also looking at whether or not Montoya has been using an extortion scheme on Cris Valadez.  The key is to convince them DA Saenz will not do his job and investigate.  This is too good to be true, Montoya  admitting to getting the story wrong because he was out drinking with DA Saenz.  DA Saenz drinking with someone with no fewer than 4 DWI's.  Idiots - just plain idiots.

And for the record, there are three JP's signing the waivers.  In fact  some district court judges in Houston charge for the waivers, and keep the money.   The District Clerk in Houston told me this after informing me the county or district clerk by law could not charge a fee.  AG Abbott knows this is a door he does not want to open.  It will include illegal conduct by judges state wide.

Montoya must still be under the influence of beer because after taking down his post with his lies he lies again.

"*On June she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz)."

When you read this it appears as if Saenz is saying these things.  They are not in the AG request, so they must have been told to Montoya over the beers.  Even a DA cannot make false charges against a judge and not be held accountable by the State Bar.

The AG is going to love all of this.  See AG Request

Original Post

Desperate to spin the fact Sorola cut and ran on his clients to avoid sanctions Montoya cannot explain why the lawsuit was dropped against Judge Garcia's father and brother.

But here is the kicker, to defend DA Saenz he out right puts the blame for any mistakes in the request for the AG Opinon, a request he called wishful thinking, on Rene Gonzalez.

He then point blank lies about what is in the request.

"There is no mention there of any particular justice of the peace or specific circumstance."  point blank lie.  Click here - top of page 2 under Fact - the problem is coming from JP 2-2 - which is Judge Erin Garcia's court.  Saenz also specifically mentions Judge Garcia signing 72 hour waivers.

The request is signed by DA Saenz and not Rene.  He lied about Saenz not mentioning any particular JP.  At this point can anything he says in his latest post be considered credible?  No.  It is desperate spin as Sorola cuts and runs from the scene.  The county cannot speak to the state of mind of the couple.  All they can do is sign a letter stating they believe there are no defects in the marriage process as conducted by Judge Garcia.  If Sorola accepts this he admits he never had a  case.  If he tries to refile the Motion for Sanctions could be filed the same day.

Thursday Commissioners Court will authorize counsel for JP Garcia to move forward to protect her from Sorola's stupid game playing.  The attorney whether private of from the county will be authorized to move forward immediately without any further authorization from commissioners court.
 
 
GETTING TO A FAIR ELECTION AND,
HOW ABORTION PLAYS INTO THE ELECTION

I do not care who the candidate is, the BV is not going to be nice to any candidate who is driving seniors from Adult Day Cares to the polls.  The BV finds insulting the idea these people are not mentally competent to vote and therefore they should not be driven to the polls.  In Texas until a probate judge takes away your right to vote, you have a right to vote - notwithstanding the lies and deception by cyber-politiqueros Montoya and McHale.

My issue, and I believe most people agree, is the health and welfare of these people.  They are at the Adult Day Care, Assisted Living or nursing homes for a reason.  They cannot be left alone during the day while their family is at work.  God forbid one of these seniors has a stroke or heart attack while in one of these vans.  They will be denied the medical attention they might have received at the Adult Day Care, assisted living or nursing home.  The idea that someone who cannot get out of the van to vote is being taken away from the Adult Day Care, Assisted Living or nursing home truly offends me.  The candidates are demonstrating a contempt for the health and welfare of these senior citizens.

Once the names of all of the candidates is written in stone the BV will contact all candidates to get them to commit to not driving seniors to the polls who are in Adult Day Care Centers, Assisted Living Centers, or nursing homes.  Those who refuse to agree to not participate in this practice or refuse to answer will be listed on a wall of shame.

The county could consider a mobile voting booth to go to these centers.  But it is my understanding commissioners court has said no to any funding for an education video to stop these abuses.  If they will not pay for the an educational video why should I expect them to fund a mobile voting center which goes to each of these facilities during early voting.  It would guarantee their right to vote, while keeping them safe.  In large measure the problem is a commissioners court refusing to properly fund the Election Administrator's office.

The reason the BV is the only blog to address this issue is because the cyber-politiqueros Montoya and McHale have not yet been told  if the candidates they are backing will use this process to get people to the polls. 

Again the BV is on record - this practice is 100% unacceptable and I do not care who is doing it - they will not like what the BV has to say about it.  No sacred cows.

We now seem to have the harvesting of mail-ballots under control.  I would be shocked to see a repeat of 2012, with the indictment of Sonia Solis in place. 

If you believe in fair and honest elections this is where your focus should be now.  We need to work hard to educate the Adult Day Care Centers, Assisted Living Centers, and nursing homes that if they allow the campaigns to take their residents away and the senior is injured or in need of medical care while in one of these vans they can and will be sued.  Nothing like the threat of a lawsuit to get people to do the right thing.

Now, any mentally competent person not under a guardianship can leave these facilities at will.  But if they do, the centers have to demand they sign a release or they will not be welcomed back.

THE ABORTION QUESTION

Just like the BV predicted the court, a Republican judge at that, enjoined the State of Texas from enforcing key provisions of the new abortion law.  This is why I said for me it was a win win.  I am as anti-abortion as you can get, with the exception of the health of the mother.  The plaintiffs as the BV  predicted did not challenge the 20 week ban on abortion.  The parts they did challenge for the most part have now been stopped.

For me this is great for Wendy Davis, the presumed Democrat who will be challenging Greg Abbott - Republican.  The 20 week ban is in place which for me is a good thing, and Greg Abbott is now forced to defend the Texas law which a Republican judge held unconstitutional.  This is going to send Independent women voting for Wendy Davis.  It will bring money into Texas to help Wendy Davis to win.

I want a Democrat in the Governor's House.  I am not a one issue person and the abortion issue is really a non-issue.  The courts decide these things not the governor.  Further, Wendy Davis will not be able to get passed laws which reverse current Texas laws on abortion.  The courts will do their job and stop Texas for Wendy Davis, while making Greg Abbott look bad. 

I just hope the national Democrats do not cut and run on Wendy Davis - she is in  the running and if she can raise the money I believe she can win.

Depending on the poll somewhere between 50-60 % of Texans are undecided with both candidates polling only in the 20 percentile with Abbott up on average of 8 points.  In a solid Republican state Abbott polling less the 30% with 50-60 % of the people undecided, makes this a real race.

If Independent women begin to understand this is about abortion, Abbott could easily lose.

I cannot wait to see the poll numbers come January 2014.

Monday, October 28, 2013


THE SPECIAL NEEDS CHILD SHINES

Many people will remember my discussion of the special needs child at Hanna who was not being provided the smaller classes needed for the child's success. During the ARD meeting at Stell in preparing the child for Hanna the father was mislead as to his child's rights.

We  did an emergency ARD at Hanna after a complaint to Carl Montoya and with Trustee Minerva Peña being the only trustee caring enough to respond to the father's concerns.  The father and I were shocked to learn off the bat that this child who is in 9th  grade and testing at a 3rd grade reading level was not in resource reading.

BISD does not get it and never will.

Anyway BISD under pressure from the father put the child in very small classes for all subjects with specific instruction to the child's teachers that the child is an auditory learner.  Most classes range in size from 3-10 students.  The child is getting intensive help. 

This child was beyond elated when the child's grades showed from 89-100, depending on the subject.  The child is learning and learning fast now that the child has the help.

Inclusion works for children who can handle a regular classroom, but it denies an education to a child who cannot handle nor learn in a regular classroom.  This child is attending class and BISD is getting paid for that attendance.  If things continue this way this child will graduate and become a productive taxpayer.

IN FEAR OF SANCTIONS AND A PRIVATE LAWYER REPRESENTING JUDGE ERIN GARCIA LOUIS SOROLA CUTS AND RUNS

UPDATE 2:  A reliable source is telling me Sorola has told people he is asking that the county sign a document stating the plaintiffs' in the case had no intent to defraud in their marriage.  The county has agreed to nothing.  Can anyone explain to me how the county can make a statement as to the state of mind of the couple?  The county can state that the marriage is legal and without defects.  That is it.  If Sorola accepts such a letter from the county then he is admitting he knew it was legal all of the time.  If he refuses the letter he is doing injury to his client.  Finally the letter really does nothing for his client because it was his clients who asked for the 72 Hour Waiver which might be considered a yellow flag of a rushed marriage.

UPDATE:  Earlier I mentioned that Joe Rivera's office confirmed that Judge Erin Garcia and his office discussed the 72 hour waiver issue based on the new changes in the law as of September 1, 2013.  This was on September 5, 2013.  This is why the waivers stopped.  It had nothing to do with some fictitious order Montoya claims the county attorneys issued.  Now, weeks later a county attorney did send an email to the JP's advising them to stop issuing waivers, but it was moot because Erin Garcia resolved the issue on September 5, 2013, weeks before.

"From: Erika De la Torre
Sent: Thursday, September 05, 2013 2:47 PM
To: Erin H. Garcia
Subject: RE: NEW LEGISLATIVE CHANGES FOR MARRIAGE EFFECTIVE 9/1/13

That is correct…JP’s cannot issue waivers.
From: Erin H. Garcia
Sent: Thursday, September 05, 2013 11:27 AM
To: Erika De la Torre
Subject: RE: NEW LEGISLATIVE CHANGES FOR MARRIAGE EFFECTIVE 9/1/13
So we are no longer authorized to issue the waiver on the 72 hour waiting period?"

The new law was reviewed and the policy was changed.  That is how things happen

ORIGINAL POST

Click for Non-suit

What a man - the second he has to defend his lies he cuts and runs.

His reasoning is incoherent.  It appears he is saying he is working out some settlement.  No one knows anything about this.

"Plaintiffs hereby non-suit all claims as to all Defendants, without prejudice based on ongoing intermediary communication that posting and public notice requirements mean that time is needed to properly post and consider potential non-monetary documentation that will potentially resolve this litigation and aid plaintiffs in their immigration process, which is the basis for their

Case 1:13-cv-00196 Document 7 Filed in TXSD on 10/28/13 Page 1 of 2 2 claim and which would mitigate any other claims they have, or may have, without that assisting documentation.

2. Plaintiffs can and will revisit their legal options if this requested showing of good faith does not resolve the pressing non-monetary issues which can adversely affect their immigration efforts and, which if resolved, can mitigate or extinguish the need to press their monetary claims. "

I will continue to make calls to determine what this so called settlement offer is all about.  What is this documentation they need?  Why did Sorola not ask for this documentation before he filed his lawsuit and ran to the press to influence an election?


State Bar rules govern litigating a matter in the press or blogs and making false accusations against a Judge.  Louis Sorola is far from out of the woods on this one.

 

 CARLOS CASCOS SETS FOR THURSDAY AUTHORIZATION FOR CAMERON COUNTY TO HIRE PRIVATE COUNSEL FOR JUDGE ERIN GARCA

POOR MONTOYA - NO SOURCES NO FACTS - UPDATE

Montoya has posted the following:

"After the controversy surround the waivers erupted, the legal counsel for the county commissioners court issued an order preventing all justices of the peace from issuing such waivers." 

Well first of all the county attorneys cannot prevent the JP's from doing anything or issue orders - so this is an outright lie.  Second, if he had any sources he would know Joe Rivera's office has confirmed that on September 5, 2013, long before Montoya started this witch hunt, Judge Erin Garcia informed Joe Rivera's office that under the new law effective September 1, 2013, the JP's could no longer sign waivers.  This is why no waivers were signed after September 1, 2013.

Click for Agenda

So lets see, DA Saenz verified Montoya lied about all of the fees.  Montoya called it wishful thinking that DA Saenz would seek an AG opinion.  He was wrong - now County Judge Carlos Cascos has called for a special meeting for Thursday to allow Judge Erin Garci to hire private counsel at county expense to defend herself.

If she already has an attorney ready to go the Motion for Sanctions against Sorola could be filed as early as Thusrday afternoon.  Once the motion for sanctions is filed a non-suit cannot stop the hearing on sanctions.

Hopefully her attorney can start to speak for her by Thursday to set the record straight.

If Judge Tagle denies Judge Garcia's Motion to Dismiss the BV will be the first to post it so my readers can read for themselves whatever reason Judge Tagle gave for denying the Motion to Dismiss.  If she grants the Motion to Dismiss, the same.

It is time to stop the nonsense of false accusation for the sole purpose of manipulating an election and to allow the legal process to take control.  Wherever the axe falls - so be it.
 


 
THE YOLANDA AND ALEX BEGUM
 LIES AND INJUSTICES

At the last or second to last meeting of the Cameron County Democrats, Judge David Sanchez demanded that no one who has previously signed a pledge to support the Democratic candidates, once they lost in the primary, but then endorsed the Republican should be allowed to file as a Democrat for the 2014 primaries. 

We all know who he was talking about.  Yolanda Begum.  The question is, did Judge David Sanchez make the demand as a way to coerce money from Alex Begum, or was he sincere.  The campaign reports tell the truth on this one.

Click for Documents

The first document is Yolanda Begum's pledge to the Democratic Party that she would support the Democrat in the November election.  She lied.  She endorsed the Republican against Erin Garcia.  Smart money would have had her just be quiet.

The second document is her sworn criminal complaint against Josefina Canales.  You will note she placed as her address her son's business address.  This is a sworn criminal complaint.  It is not considered a falsified report because her home address is not material to the complaint.  For the same reason it is not considered aggravated perjury.  But it could be simple perjury.  On this issue and the issue of her removing Erin Garcia's sign from the Four Corners area I will file a criminal complaint with the police and DA Saenz.  Watch - DA Saenz will do nothing.

On the simple perjury question it will come down to her intent.

"§ 37.02. PERJURY.  (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:

  (1)  he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath;  or

  (2)  he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.

 (b)  An offense under this section is a Class A misdemeanor."

She clearly intended to not want to give out her home address to the police and she knew this was not her home address.

The third document is very telling.  It proves Alex Begum was using the criminal complaint to influence the election and silence Josefina Canales [now Fisher].

A complete review of all of the documents shows the police refused to issue any arrest warrant and gave the matter to then DA Vilallobos.  Villalobos saw the case for what it is and did nothing.

But then came DA Saenz.  Here is the criminal complaint against Josefina Fisher.

Click for Criminal Information

On October 5, 2012, Begum realizes Saenz in all likelihood will win the election and at the eleventh hour gives him $3,500 in a campaign  donation.  Click for Report

FACTS:

Yolanda Begum lied in her pledge to the Democratic Party.

Yolanda Begum lied in the sworn complaint to the BPD about her home address.

Yolanda Begum got caught red handed by me taking down Erin Garcia's campaign sign.  Her best defense is she was taking the law into her own hands because she was a victim of Erin Garcia's campaign.
 
IS YOLANDA BEGUM WHO
YOU WOULD TRUST TO BE A JUDGE?
 
PUTTING THE JP ERIN GARCIA
 MESS INTO PERSPECTIVE

Unless McHale, Montoya and the Imp are completely delusional and lost in their delusions of grandeur nothing they print will impact the official proceedings in court [I believe Sorola will dismiss the lawsuit before Judge Tagle can act].  Every state agency, save DA Saenz's office, will be guided by the law.  The only impact all of this nonsense will have is on those voters who love to be suckered.  I suspect most of those people never would have voted for Erin Garcia regardless of any positive facts in her favor as a judge.  So I am not sure of any impact whatsoever.  But the only purpose for the postings is to sway your vote on the election based on hatred.

Years ago McHale swore vengeance on the Hernandez family for refusing to allow him to leave his printed copy of El Rocinante at their business and refusal to pay money.  Montoya had no problem taking Ernie Hernandez's money when Ernie was paying him to trash Ruben Peña with false accusations during the investigation against Ernie for allegedly stealing the election with harvested mail-ballots.  The BV then and still does stand with Ruben Peña on that issue during that election.

The BV was attacked for defending Ruben Peñ'a position.  The BV was attacked for posting the trial transcript on line so all of Cameron county could read the truth.  The BV was attacked for taking the transcript and criminal complaint to the AG, which as we all now know resulted in the prosecution of Margarita Ozuna and stopped the harvesting of mail ballots.  The attacker all of the time, Juan Montoya - under contract to Ernie Hernandez.

The BV is about the truth and documents which support that truth.  The documents to date show the claims against Erin Garcia are being bought and paid for by Sorola and Begum.  Montoya does not work for free.

Maybe a year or so ago according to Rick Zayas Montoya approached him at the court house and told him, "Had you paid me maybe the election would have gone the other way." 

This is the bottom line - Hernandez refused to pay Montoya to push the election of his daughter Erin Garcia, so he ran to Begum for the money.

His record on the money issue is so well documented it blows my mind anyone considers a word he says - but then people love their hate.

These are the same people who stood at the lynchings with pride feeling empowered.  Such pathetic little souls needing to destroy innocent people so they can feel empowered.

As to Luis Saenz, I am overnighting to the AG my evidence that he intentionally mislead the AG in his request along with the evidence of his failed attempts to get a grand jury to indict Ernie and Norma Hernandez.  I will include the police reports involving the Norma and Zeke altercation which any idiot can see was instigated by Zeke Silva.  I will include the Josefina Fisher criminal case along with Yolanda Begums sworn criminal complaint which includes a verifiable lie - this could be simple perjury.  It is not aggravated perjury because the lie is not material to the proceedings.  For this same reason it does not constitute a false complaint. 

I can only hope the county will bar the courts from giving Sorola any court appointments until he pays the sanctions which I believe Judge Tagle will issue in the case.  This way he not only has to pay the sanctions he loses all income from the county until he pays the sanctions.

Sunday, October 27, 2013

THE IMP SPEWS HIS IGNORANCE AND ONCE AGAIN PROVES WHY HE IS NOT A QUALIFIED JOURNALIST

He accuses Judge Erin Garcia of going into hiding thereby almost confirming the accusations.  The Imp who has no real contacts seems to believe judges can speak to pending cases.  They cannot.  It is unethical for a judge to speak about a pending case.  So according to the Imp it is an admission of guilt if the judge complies with the rules of ethics.

Nothing like reaching for a story where one does not exist.  Montoya and the Imp are cut from the same cloth of lie when you have nothing else to say.

Even a green behind the ears journalist knows lawyers tell their clients to remain silent and to allow them to speak for them.  But the Imp being less than a green behind the ears failed journalist does not even know this.

Has he called any of the local press to see if she has spoken off the record with her lawyer and a story is pending once the answer to the lawsuit is filed?  Nope - nada - because again when you have not story you just make one up.  Has he called her attorney at the county for a comment - nope.

His attack is simple - he is Juan Montoya - if you do not talk to him he trashes you.  It is that simple.

Has he checked with criminal enforcement agencies to see what is going on behind the scenes?  Nope - has he checked with the State Bar to see what is going on - nope - has he checked with the Commission on Judicial Conduct to see what is going on - nope

It is simple - Judge Garcia refuses to ignore the advice of her counsel so he trashes her - Juan Montoya journalism at its best.

Back to reading and tanning

Saturday, October 26, 2013


BEING HONEST IS NOT PART
OF MY JOB DESCRIPTION

It is now established that DA Saenz intentionally mislead the AG in his Opinion Request by making it appear Erin Garcia was acting under the new law which took effect September 1, 2013. It is clear that under Title three she lost family case jurisdiction as of September 1, 2013.

But what does Texas Government Code 25.0002, effective September 1 say on the issue? "Sec. 25.0002. DEFINITIONS. In this chapter:(1) "Criminal law cases and proceedings" includes cases and proceedings for allegations of conduct punishable in part by confinement in the county jail not to exceed one year.(2) "Family law cases and proceedings" includes cases and proceedings under Titles 1, 2, 4, and 5, Family Code."

Click for new Code

From Title I, Chapter SubChapter C § 2.202 say - "
Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The

following persons are authorized to conduct a marriage ceremony:

 
(4) ... justice of the peace.
 
 
Title I of the Family Law code clearly gives JP's jurisdiction to conduct marriage proceedings.
 
To be honest - I think the law is poorly drafted and a mess and not as clear as I would like for it to be.  But under the new § 25.0002 any judge with authority under Title I of the Family Law Code is encompassed within the definition of those with "Family law cases and proceedings."
 

 
 
 
SPACE X - THE SPECIAL MEETING

I received a call that the reason for the Special Meeting is the commission had to table several items on Thursday because certain people were unavailable.

This discussion is not about the merits of Space X.  My readers know I am opposed to it and believe Brownsville and Cameron county are simply pawns in the bidding game.

The county has committed to bring Space X to Cameron county.  Having made that commitment it is then their duty to work diligently to make it happen.  I have no problem with this.  This is what a competent commission would do.  I am 100% fine with a special meeting for SpaceX, based on the foregoing.

So as to insure Space X Cameron county is committed to the project, rather than delay these real estate deals any longer then necessary a special meeting was called to send a message to Space X that Cameron county is serious in its commitment.

I have no problem with this one bit - it is what I would expect from a competent commissioners court.

THE BIG BUT

Having said the above it does not change the fact that Erin Garcia was not placed on the agenda.  I get that no answer is due now - but once Luis Saenz intentionally mislead the AG in his request it not only left Erin Garcia exposed to the endless defamation of paid for cyber-politiqueros, it exposed her to a possible AG opinion which could kill her reelection.  This is is why the hiring of independent counsel is so important - Erin Garcia can only defend herself through court filings and for now commissioners court is keeping her from doing that.  This is a fact.

I believe most members of commissioner court now know, based on several phone calls, DA Saenz intentionally mislead the AG.  DA Saenz's credibility is now shot with numerous county commissioners.

Why did he not mention the other JPS also signing the waivers?  He singled out Erin Garcia because he has it in for the Hernandez family.

Original

"He tried to indict Ernie Hernandez and failed.
He tried to indict Norma Hernandez and failed.
Now through a deceptive and misleading AG request for an Opinion he is trying to get legal cover to indict Erin Garcia."

Restated to please reader:

He tried to get Ernie Hernandez indicted and failed.
He tried to get Norma Hernandez indicted and failed.
Now through a deceptive and misleading AG request for an Opinion he is trying to get legal cover to get  Erin Garcia Garcia indicted.

To date not one piece of evidence has been produced that Erin Garcia signed any waivers after September 1, 2013, which is when the law more than likely divested her of jurisdiction to sign such waivers.

Any honest DA would have included the 13 or so waivers signed by Erin Garcia so the AG could see the dates and then consider if they come under the new or old law.  Saenz did not do this. why?

This story is going to get real hot next week.  I only hope Sorola is dumb enough to not dismiss the entire lawsuit until after he gets hit with the sanctions motion.  The sanctions motion survives any non suit.  With the county more likely than not having to hire outside counsel the sanctions could easily hit $50,000.

Friday, October 25, 2013


AFTER TAKING ERIN GARCIA'S BOOKS, THE ABOVE VERIFIED FOR DA SAENZ, JUAN MONTOYA AND LOUIS SOROLA WERE LYING ALL OF THE TIME


The above documents which were in DA Saenz possession verify the marriage fee is $150.00. and not $250.00, and that in the case of the federal case, the 72 Hour Fee was waived. DA Saenz having looked at the evidence returned it all to JP Erin Garcia and dropped the grand jury proceedings.

As to the so called police complaint - who ever the fool is who did Sorola's dirty work can and should be charged with filing false charges.  Joe Rivera issues marriage licenses, and not JP Garcia.,  The entire criminal complaint is frivolous.  It is a crime to file a  false criminal complaint.

Next week I will begin my coverage concerning the Begums and their payments for this defamation of Erin Garcia.  The coverage will include a document which verifies Yolanda Begum will lie about anything and everything to get what she wants.  The document is not and cannot be controverted.










 
THE TWO LOVERS AND CON JOB
TO DO INJURY TO CAMERON COUNTY

Now that I have read DA Saenz Letter to AG Abbott it reads like gibberish and outright includes misrepresentation of what Texas Government Code 25.0002 actually says. This dude has no conscience - you will also note no one on his staff could determine the correct address for seeking AG Opinions.

AN IMPORTANT NOTE:

Cameron county has no choice but to hire outside counsel to represent Erin Garcia.  As the BV has documented the county whether the county or district clerk cannot charge a fee for the 72 Hour Waivers. This is essential to Erin Garcia's defense.  Even Saenz admits if this is true then the JP's can charge a fee.  The problem is, once the county states Erin Garcia's defense on the issue it becomes an admission that Aurora de la Garza illegally charged a fee.  Legally the county attorneys cannot make conflicting arguments in different cases.  Cameron county cannot represent Erin Garcia because of this conflict.  Their only choice is to hire outside counsel.

COMMISSIONERS COURT DEMOCRATS SHOULD BOYCOTT ANY SPECIAL MEETING UNTIL ERIN GARCIA IS ON THE AGENDA - IT IS TIME THE DEMOCRATS SHOW UNITY

A boycott will destroy Cascos' credibility with Space X and cost him the election

Carlos Cascos and Luis Saenz are lucky I am not Erin Garcia because if I were I would have a private attorney filing an answer for me come Monday morning with a third-party claim against the county for attorneys fees and an allegation of a conspiracy between Carlos Cascos and Luis Saenz to obstruct justice and to deny me a defense.

Click for Request for AG Opinion

The obvious bias in the letter is in the fact he makes no mention of the other 2 JP’s he knows are engaged in the same conduct. Why? Bias. I will reporting Monday the incredulous love affair Carlos Cascos has with DA Saenz and how it played into the decision to give Space X a Special Commissioners meeting on Tuesday, but not authorizing the county attorneys to file a defense for Erin Garcia. Erin Garcia cannot defend herself in the public light without court pleadings. Carlos Cascos’ clear conduct is designed to keep the negative story going while denying Judge Garcia a public voice through counsel.

This AG Opinion request is a con-job designed to deny Erin Garcia a defense and Carlos Cascos is party to it. Cascos wants to delay a defense long enough to get an AG opinion against Erin Garcia. Since Cascos wants to play unethical games, on Monday I will start one by one with all of our private conversations including a conspiracy to fire a county employee, and his select words for Sofia Benavidas..

When you read the request he seems to adopt my position that the law is uncertain (this is the part which was read to me over the phone) but then to cover for the uncertainty he outright misrepresents what is in Texas Government Code 25.0002.

You will note Saenz verifies Montoya lied about the cost of the marriage - in fact $150, not $250, and the waiver fee is $25 not $40. In a separate post I have the documents to show that in the federal case no waiver fee was charged. This coupled was played by Sorola.

On the top of page three Saenz states the following:

"We note that Texas Government Code section 25.0002. while not directly applicable to the situation at hand, does define "family law cases and proceeding" as cases and proceeding under Titles I. 2. 4, and 5 of the Texas Family Code."

It says no such thing. Saenz statement is a complete and total fabrication of what it says.

Here is what Texas Government Code 25.0002 actually says.

In this chapter, "family law cases and proceedings" includes cases and proceedings involving adoptions, birth records, or removal of disability of minority or coverture; change of names of persons; child welfare, custody, support and reciprocal support, dependency, neglect, or delinquency

Click for Code

There are two important variables here, the definition only applies to the chapter in which it appears, and two it includes delinquency proceedings.

All of the following is from Title Three of the Family Law Code which DA Saenz says does not apply. §  25.0002 clearly states it includes delinquency cases

Click for Code


Sec. 54.021. COUNTY, JUSTICE, OR MUNICIPAL COURT: TRUANCY (Family Code Title 3)

(b) A county, justice, or municipal court may exercise jurisdiction over a person alleged to have engaged in conduct indicating a need for supervision by engaging in conduct described in Section 51.03(b)(2) in a case where:

(1) the person is 12 years of age or older;

(2) the juvenile court has waived its original jurisdiction under this section

Section 51.03(b)(2) of the Family Law Code provides:

§ 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.

(a) Delinquent conduct is(a) Delinquent conduct is: (1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail; (2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in: (A) a justice or municipal court; or (B) a county court for conduct punishable only by a fine; (3) conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or (4) conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).

(b) Conduct indicating a need for supervision is: (1) subject to Subsection (f), conduct, other than a traffic offense, that violates: (A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or (B) the penal ordinances of any political subdivision of this state; (2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;


DA SAENZ REQUESTS AG OPINION WHEREIN HE EXPRESSLY ARGUES JP'S SEEMINGLY HAVE JURISDICTION IN FAMILY LAW MATTERS

Sorola realizing he has nothing has now non-suited Erin Garcia's father and brother.  Any attorney with experience before Judge Tagle knows the sanctions would have been huge. So rather than face the piper they non-suited and in effect admitted they never had a case.

Now, I have had read to me DA Louis Saenz Request for an AG Opinion and in it he expressly states that the code seems to give JP's jurisdiction in family law matters.  Remember a rule of statutory construction is to not read a statute which makes it vague.  AG Abbott's office will follow the rules and find JP's have limited jurisdiction in family law matters.

The source has no access to scanning capabilities and I am late for an appointment so it may be latter tonight before I post the written request.

Also Judge Cascos has called a special meeting for Tuesday.  On legal issues it simply says in general to discuss.  I do not know if this is enough to authorize them to allow for an answer to be filed on Erin Garcia's behalf.  Because of the rules of ethics,something Sorola knows nothing about, Erin Garcia cannot discuss the lawsuit.  Her attorney at the county knows lawyers are not to use the press to try the case.  Sorola might want to consult the rules of ethics on this one.

With Zeke Silva no longer paying Montoya will he now attack DA Saenz for seeking the opinion?  Is DA Saenz's a lunatic for using my argument verbatim?  Let's see what Montoya says now. The opinion is not law, but it will carry a lot of weight with federal judge Tagle.  As a rule federal judges defer to the state on all questions of state law.  In fact the county can ask that AG Abbott's office files an amicus brief in support of his opinion - assuming he finds JP's have family law jurisdiction.

Conversely, if AG Abbott finds JP's do not have family law jurisdiction, it could carry weight with federal judge Tagle.  I am just being honest - it can go both ways.

In terms of the sanctions hearing I have confirmed Mary Esther Garcia has told several judges Louis Sorola will announce against Erin Garcia and will win.  Erin Garcia's attorneys would be remiss in their duties to not call as witnesses during the sanctions hearing Mary Esther Garcia, the judges she spoke with, and the great Juan Montoya himself.

This is going to get good.


TSC AFTER TIME FOR ENFORCEMENT ACTION FINALLY CONSIDERS OPEN RECORDS REQUEST

On this post I am going to kind of give TSC a break because they are in their growing pains phase. I have no real issue with the staff, it is with a particular board member and 2 lawyers.

The BV quite often gets anony posts with the note "do not publish." Sometimes I act on the posts and other times I do not. Many times I have no idea who my source is. This business is about sources. I will never fault someone for a source. Sources are good.

But some sources may be breaking the law - and well - we shall see. On September 30, 2013, I did an open records request to TSC concerning a meeting wherein according to this source, TSC was threatened by Mark Sossi that they had until 10 a.m. the next morning after the TSC meeting to give in to Tony Martinez's demands or else the real estate deals and real estate relationships between the city and TSC would be off the table and gone for ever. Well an allegation is just that. So as the BV always does, I requested documents.

Click for letter from TSC lawyer which summarizes my request and their excuse for not responding.

The problem with the high profile Dallas lawyer's response is multi-fold.  One the response was due on September 13, 2013, hence my request for an enforcement action by the AG against TSC.  Second, nothing in this letter indicates they have already sent their objection to the AG which is a second violation of the law.  And third the reasoning for withholding the documents is pure BS.

I wonder how much the Board has authorized the law partner at this top Dallas firm to bill the taxpayers to protect Tony Martinez, or maybe their shame for giving in to the blackmail?

Now, Montoya has already done part of the story.  As the deadline for answering my request approached someone leaked the story to Montoya.  It was either Kiki Rendon or Frank Perez.  Rendon according to sources work for the Escobedo brothers and was not allowed to vote on the TSC contract for the Escobedo brothers.  Frank Perez was Rendon's lawyer and leaked information to Montoya all of the time.

As part of my new response to the AG I will ask the question, did the Board not waive any objections once they or their lawyer leaked the story?

But that is chump change - the first objection is bogus because the deal has already been voted on and is done.

The second objection in part is bogus because at the heart of this messy divorce is real property the COB owns which TSC will no longer use.  Given this fact there is no need for a deed to be filed.

Yes, this lawyer is being paid somewhere between $500 to $800 an hour to respond late, fail to notice the AG, and to provide bogus reasons.

Who on the TSC Board is running cover for Tony Martinez and his clan?  Why did they cave to the deadline blackmail instead of running to the people with the proof that Tony Martinez was blackmailing them.

Also in the letters are statements by Diane Dillard, wife to federal judge Hanen.  Did she negotiate in good faith or was she blindsided by Tony Martinez at the last minute.

The letters will answer these questions.

Thursday, October 24, 2013


 
BEDLAM REIGNS IN COMMISSIONERS
COURT AND DA SAENZ's OFFICE

ADDENDUM:  Montoya in his endless posts absolutely refuses to even acknowledge that the family law code gives JP's limited jurisdiction in juvenile cases.  The fact he will not even acknowledge it proves he thinks it discounts his argument.

But what is funny, with Louis Sorola advising him and Montoya having zero knowledge of statutory construction and interpretation he actually makes the argument for broad authority to sign the 72 hour waiver by any judge with jurisdiction in family law cases.  The history of the law shows going from very specific to a general statement of anyone with jurisdiction in family law cases.  Under the rules the court will interpret the history to mean the legislature intended to expand who can and cannot sign the waivers.

Numerous sources have now told me that Montoya is in and out of Abel Gomez's office on a regular basis.  Constable Gomez is very confused.  He is there to protect the judges and not to give out dirt on the judges.  Further if it can be shown Constable Gomez is feeding Montoya information on criminal matters related to employees then Constable Gomez can and will be sued by the employee.

ORIGINAL POST

It is a total and complete lack of leadership between DA Saenz and County Judge Cascos which has DA Saenz's attorneys and basically a political vendetta at odds with attorneys for the county.

FACT:  DA Saenz tried to get a grant jury to indict Ernie Hernandez - he failed.
FACT:  DA Saens tried to get a grant jury to indict Norma Hernandez - he failed
FACT:  DA Saenz now wants to indict Ernie and Norma Hernandez's daughter - you are beyond stupid if you cannot see this blatant abuse of office - and for the record he will fail.  His only motivation is to manipulate the election, with justice not even on the table.

When this mess explodes, Judge Cascos' failure to call for an emergency meeting so that Ernie Hernandez and Erin Garcia's attorney can file answers in federal court, it will cost Judge Cascos reelection.  The appearance [note I only said appearance] is he is taking sides with DA Saenz.  Judge Cascos is the only obstacle to Ernie Hernandez and Erin Garcia defending themselves in federal court by seeking an emergency hearing and ending this.  Why is he blocking them from seeking an emergency hearing?

When they win and they will the issue come November 2014, will be why did Judge Cascos run cover for DA Saenz and block Ernie Hernandez and Erin Garcia from seeking an emergency hearing to end this mess?  This question will cost him the election.

THE CORE PROBLEM COMES DOWN TO TWO ISSUES, CAN JP'S SIGN THE 72 HOUR WAIVERS, AND IF SO WHO GETS THE FEE FOR THE WAIVER

I will start with the fee.  If DA Saenz had anyone on staff with the skills to use a phone, which he does not, they could have called around to all the major counties.

I have spoken with the chief clerks for filing fees in Dallas, Tarrant, Harris, Travis, Bexar, and Lubbock countries and to a clerk I was told it is illegal  for the District Clerk to charge a fee for the 72 hour waiver.   Assuming the District Clerks in each of these major counties are correct [they can be wrong] what then forms the basis of District Clerk Aurora de la Garza charging $267 for the waiver?

I spoke with JP Linda Salazar and she said she has never charged a fee for this or issued a waiver because during her years working for Menton Murray she routinely saw the petitions filed with the District Clerk before being presented to Judge Murray.  In her mind this informed her it was a matter for the district clerk and the district judges.  The point here is, this potentially illegal  fee has been happening a very long time.

If the fee is illegal Cameron county can and should be sued in a class action to recover the fees for the victims.  In Dallas county when the district clerk got caught charging an illegal fee, the lawyers sued and Dallas county paid out millions in settlement.

THE QUESTION

If it is illegal for the district clerk to charge a fee, then who gets the fee being charged by the JP's?  They can't give it to Aurora de la Garza because it is illegal - assuming the District Clerks in Dallas, Tarrant, Harris, Travis, Bexar, and Lubbock counties are correct.

Luis Saenz could have had his staff make the same calls, but he had no interest in the law or facts.  It is about a political vendetta - plain and simple.

FEES FOR GETTING MARRIED

The fee charged by the judges is purely random and arbitrary.  It is based on tradition - there is no statutory authority I can find or any the JP's know of, of whom I have interviewed on the issue.  So if the tradition accepted by the State of Texas is to allow the judges to charge any fees they want, what prevents any judge from saying $150 for a marriage during business hours but $175 if it includes a 72 hour waiver?  Absolutely nothing.  DA Saenz can cite no law which regulates the fees the JP's can or cannot charge.  If there is no statute on the issue what then is DA Saenz alleging has been violated?

IT COMES DOWN TO A SIMPLE QUESTION -
CAN THE JP'S SIGN THE 72 HOUR WAIVERS

A basic rule of statutory construction is to give the statute the broadest interpretation as possible and to avoid any reading of the statute which questions its constitutionality.

FROM THE TEXAS FAMILY LAW CODEOn the issue of the 72 hour issue of waiver before marriage

2.204 "(c) An applicant may request a judge of a court with jurisdiction in family law cases ... for a written waiver permitting the marriage ceremony to take place during the 72-hour period immediately following the issuance of the marriage license"

JP's have limited jurisdiction under the Family Law Code.

Click for Family Law Code

54.021(b) A county, justice, or municipal court may exercise
jurisdiction over a person alleged to have engaged in conduct
indicating a need for supervision by engaging in conduct described
in Section 51.03(b)(2) in a case where:
(1) the juvenile court has waived its original
jurisdiction under this section; and
(2) a complaint is filed by the appropriate authority
in the county, justice, or municipal court charging an offense
under Section 25.094, Education Code.

A broad reading of the statute gives JP's limited jurisdiction under the family law code in juvenile cases.  The law is clear.  Any claim by DA Saenz that the Family Law Code does not give JP's limited jurisdiction in juvenile cases under the family law code will be met with a claim he is wrong or that the code is unconstitutionally vague. 

Any judge following the rules of construction will avoid the constitutional question and rule JP's can sign the 72 hour waivers.

Is the law the way I want it - no - it is a mess.  The legislature needs to begin by regulating the fees judges can charge for weddings. 

If the District Clerks I mentioned above are correct that it is illegal for the District Clerk to charge a fee for the 72 hour waiver, then it would be illegal for the JP's to pay over the fee to the District Clerk.  It is that simple

Under common practice in all of Texas there are no rules governing what a JP or any judge can or cannot charge for in terms of a wedding service.  So if they are allowed to sign the 72 hour waiver,  there is then no rule which prohibits them from charging extra for the 72 hour waiver.

WHERE WE ARE HEADED

Thanks to DA Saenz and Louis Sorola any attorney can now sue District Clerk Aurora de la Garza in a class action to recover the 72 hour fee waiver she has been charging for years.  This could cost the county big time.  We have a mess because of dirty politics.

If anyone has committed a crime then so be it - let them be charged.  But given the clear or unclear state of the law, where is the crime?

I challenge anyone to link to a state statute which authorizes the District Clerk to charge for the 72 Hour Waiver.  If she cannot charge the fee, then the JP's or any other judge has no legal duty to turn the money over to the District Clerk.

Rather than keep on saying JP's have no jurisdiction under the family law code - how about arguing substantively how § 54.021(b) of the Family Law Code does not give JP's limited jurisdiction under the family law code.

In the end I can see a judge ruling the law is such a mess there is no enforceable action period against anyone for anything and then say the legislature needs to step in and do their job and fix it.

But make no mistake this is all about dirty politics and Luis Saenz by  choice has made himself part of it.

And politics being politics, come November the Democrats will argue Judge Cascos as a Republican with the intent of embarrassing the Democrats and helping Gregg Abbott carry the LRGV delayed allowing Erin Garcia and Ernie Hernandez from filing an answer in federal court.  His real intent will not matter - because this is politics - Luis Saenz has proven that.  Karma is a funny thing in politics.