Monday, October 7, 2013


On Friday the lawyer with the Texas Ethics Commission assigned to the ongoing complaint and investigation called me.  We discussed several things.  He first noted, who is this Juan Montoya and why did he make himself part of this?  Well I explained.

The TEC agrees that Montoya misrepresented the status of the complaint - it as not been discarded - but is in fact pending - Montoya also misrepresented what is in the complaint -

"Allegation One:

Page 9 of her October 9,2012 filing fail to state how much money was reimbursed. Exhibit "A"See complaint click

In her October 9, 2012, filing she failed to state how much money was reimbursed - see actually page 8.

The TEC reaffirmed for me that failure to list the amount of reimbursement is a TEC violation. It is that clean of a complaint.

What is more difficult to prove is Allegation Two - how much Presas-Garcia paid Montoya.  By giving the complaint to Montoya and having him write an attack piece with lies and  distractions all she did was tell the TEC is she will lie.

The TEC has Montoya's blogpost.  They saw all of the homophobic and childish comments.  This informed them who they are dealing with.  The nastiness of the comments were not lost on the commission.

I was told that Montoya's letter along with his post and comments will go to the commission for review not as part of the complaint, but as consideration of his credibility.  Given the fact he lied about what is in the complaint, and the status of the complaint - he has no credibility.

Also going to the commission is the Mary Rey's deposition, and a host of other documents I sent in in response to Montoya's letter.  The commission does have the authority to ask a host of any number of people who have paid Montoya for ads how much they paid.  None of this was going before the commission until Montoya's letter and post.

We also discussed the issue of Presas-Garcia paying for Montoya's phone - the TEC now agrees that I did not file it as a separate complaint but as evidence in support of allegation 2.   It is now going before the commission as evidence that Presas-Garcia is giving Money to Montoya - they can believe it or ignore it.  But given Montoya has already lied, anything he says on the matter will be considered a lie. They also have the name and phone number of my source to verify the picture.

Presas-Garcia and Montoya may be able to lie about whether he was paid any money, which is fine, but lying to a state agency during an investigation is a crime.  On allegation number 2, my concern is not with the TEC - she will be sanctioned as to allegation 1.

For months the FBI was aware of the phone issue - if they secured the contract from the phone carrier, they will know the truth.  They are also being made aware of the lies before the Texas Ethics Commission.  This only builds the bigger case, which is the one I care about.  The icing on the cake would be if the phone records show someone from the DFW area is actually paying the bill.


Like your friend Carlito you are unsupervisable.  Pay attention - I have received several calls from people who have heard you run your mouth claiming you will destroy my source on the phone issue.  Threatening a witness to both a federal and state investigation is both a federal and state crime - so keep on running your mouth.

[Note on the FBI - the FBI can have an actual indictment against their target and will still say they can neither confirm nor deny the existence of a pending investigation.  My view of the matter is, I have enough sources telling me the names of people who have either been called in or walked in voluntarily that the evidence points towards an ongoing investigation. ]

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