Tuesday, November 19, 2013


Funny Thing - with the evidence overwhelming Montoya basically takes from my morning article and concedes something smells wrong.  Yea when the documents tell a clear truth - you cannot spin the story.

The only thing dumber than the original decision to have someone take a test for Robert Cadriel, was the decision to push this false testimony that Ernie Hernandez was seeking retaliation against HR personnel because of their actions in the Raul Salazar case.

Guz Garza is as stupid as Robert Lopez.  He had to have known documents existed to prove the truth - but remember in his closing argument he slipped and said "The defendant Ernie Hernandez," and then spent 15 minutes railing against Ernie Hernandez claiming the employees were facing retaliation as the trial was happening.

The first document is from A.R. Flores, head of HR.  Notice the date - October 23, 2013.  Notice to whom it is addressed - Dalia Robles [who in my book remains the hero in this story], and Pete Sepulveda.  Without consent or action by anyone at Commissioners Court A.R. Flores took over Dalia Robles job as Civil Service Coordinator on October 24, 2013.  This was before the Raul Salazar trial began. 

Knowing this, I know why Guz Garza did not call Dalia Robles as a witness - because she would have told the truth and the truth did not serve Guz Garza or DA Luis Saenz agenda "the defendant Ernie Hernandez."

Click for October 23, 2013 letter

The following document is the item request to put the reorganization on the agenda as completed by Juan Gonzales, counsel for Commissioners Court.

Click for item

You will note missing from the request is the following form.


This form was not included because as a commissioner told me this morning in an email - "I checked the agenda request form…it was Juan Gonzalez that placed it on. I can tell you that there was & is no intent or initiative to lower anyone’s compensation." 


Unfortunately for Guz Garza there may actually be no one in the DA's office with the skills to explain this to him - but here we go.  If David Garcia runs to the FBI and tells them that Guz Garza knew the truth because he had the documents, improperly secured from the county without a subpoena, Guz Garza could be indicted under 18 USC 242.  This is a possible race to the FBI.

DA Saenz's needs to personally sign off on a notice to the court as to the truth.  Guz Garza spent 15 minutes pushing this lie on the jury.  You cannot say it did not have an impact on their verdict.

Any honest DA at this time would file a motion to agree to a new trial because of tainted evidence.

The reality is, if Guz Garza fails to notify Justice Hinojosa that his witness was less than truthful, Guz Garza can be sanctioned to include disbarment.  Justice Hinojosa could go so far, depending on the evidence to sanction the DA with an outright dismissal of the charges.  To be fair it will take a ton of evidence before Justice Hinojosa would issue such a sanction.  A new trial is the most likely result.

With every second Guz Garza fails to act the deeper this will become for him.  If I were Raul Garza I would be on the phone with the Civil Rights Enforcement Division of the DOJ in Dallas right now trying to get an appointment to file formal criminal charges against David Garcia and Guz Garza.  I would then be on a plane to Dallas for the meeting.


To protect Guz Garza my  fear is DA Saenz will simply agree to a dismissal of the charges.  NO WAY JOSE - The people need a hearing to get to the truth.  If there has to be a second trial, as opposed to an outright dismissal, so be it - but we need the truth about this issue and who was involved and that is done with a full fledged hearing before Justice Hinojosa. 


Anonymous said...

If this is true....Here we go again. Just like could be the case in the Joe Lopez (grupo Mazz)case, and it holds true elected officials especially ones in the DA's office; are withholding evidence that can prove someone innocent or even worse setting someone up essentially framing them; this is a miscarriage of justice once again. EVERY DA, ADA should be held accountable for their action. This BS law that they cannot be sued civilly must be changed. As to criminal misconduct, they should serve the time the defendant is sentenced to if they either; withhold evidence (not calling a witness that could prove innocence) or make up evidence. I sure hope the FBI gets involved in these type of shenanigans. This should apply to law enforcement agents as well. It's the only way to hold accountable people that could wrongfully put you in jail.

Anonymous said...

Our justice system should not be a scorecard for any DA or ADA. It's so sad that that is exactly what it has become. It's in need of some major overhauling. Law enforcement should be held to the same standard of being held accountable for their actions or inactions. A clean system for a free people.