Tuesday, December 31, 2013


U.S. ASSOCIATE SUPREME COURT JUSTICE SONIA SOTOMAYOR HAS A BUSY TUESDAY

A Circuit Justice is the Supreme Court Justice who oversees emergency stays from the circuit court of appeals. As a Circuit Justice on the Supreme Court they can act on their own as to the Application for Stay Pending Petition for Writ of Certiorari, or they can refer the Application to the entire Supreme Court.

 Associate Justice Antonin Scalia is the Circuit Justice for the Fifth Circuit which covers Texas.  In 1993, for some of the 25 most exciting hours of my life, I stopped a court martial while Associate Justice Scalia decided whether or not he would refer the Application for Stay to the entire Court.  With a full press corp reporting on the court martial of my client, the trial came to a stand still and we waited.  Word eventually came that the stay was denied.  But the fact it was even considered sent a message to the court, and my client was given a more  favorable ruling.  This is the client which got me on Ed Bradley's "CBS "Street Stories."

Associate Justice Sonia Sotomayor is the Circuit Justice for the Tenth Circuit, which oversees Utah and Colorado for example.  In the Colorado case on Tuesday, Associate Justice Sonia Sotomayor granted an Interim Application for Stay concerning the Obamacare mandate that some religious associated organizations provide contraception coverage to their employees.  The Obama Administration has until Friday to respond, at which point she will probably refer the matter to the entire court.

The second Application for Stay Pending Petition for Writ of Certiorari which went to Associate Justice Sonia Sotomayor involves Utah's gay marriage ban.  The State of Utah has asked that she stay the trial court's order holding the ban unconstitutional.  The Tenth Circuit has already denied the motion several times.  She will probably send the Application to the entire Court.  You need 5 votes for the stay to issue.  Associate Justice Kennedy to date has ruled in favor of gay couples, so it is highly unlikely Utah will get its five votes.

AND THERE IS THE BALL

Tuesday night at midnight Associate Justice Sonia Sotomayor was at the dropping of the ball in Times Square.  She was invited to be an honorary pusher of the button which drops the ball.

Now that was one busy day. 

 
HAPPY NEW YEAR - BE HAPPY

Remember law enforcement is out to protect you - provide them the respect they deserve

THE CASE OF THE REAPPEARING GALLBLADDER AND WHY VA HOSPITALS ARE BAD FOR VETERANS

So, I am going over a thoracic cat scan looking for a finding to send to the Chief of Staff at the VA San Antonio to prove to him that the attending radiologists are just signing off on the work of the students without reviewing the scans. In a thoracic cat scan it will catch part of the abdominal area. I noticed it says I have a diseased gallbladder.   A most interesting finding, since I do not have a gallbladder.

My original interest was to highlight wherein the report says I was referred for shortness of breath.  The radiologist report says nothing found to explain the shortness of breath.  But the report also says they found something with a primary symptom of shortness of breath upon exertion which is the problem.  My doctor only reads the summary and is unaware that there was a positive finding.  Again, why was this not caught?

Oh yes, there is a third.  In the read for the pituitary the student finds that something is unusual for my age.  I have known about this since my TIA in 1986.  Several brain scans have been done since, and to a radiologist and neurologist,  the finding is considered within normal limits.  There is no such thing as a normal brain in the context of they all look the same.  Again the student did not know this and made a finding of unusual for my age. 

And here in lies the problem with VA hospitals.  I should first note that some radiology reports are now being down in Harlingen while others are still being done in San Antonio.  I was told by San Antonio officials they were redoing their reports while they have asked that Harlingen redo their reports.

All VA hospitals and now the Harlingen VA clinic are teaching facilities.  Students are to be supervised by the licensed attending.  Unfortunately, the attending who is more often than not tied to the medical schools refuse to leave their office to go to the clinics and oversee the students.  I remember the chief of cardiology in SA having a meltdown with me because I forced him to leave his office at University hospital to see me across the street at the VA.  I invoked my right to not be seen by a student.  By law he was to be in the clinic overseeing the students.  He was not.

The veterans demanding a hospital are an example of people hanging themselves.  The VA, because they do not want problems with the medical schools, will never enforce the rule that the attending must be overseeing the students at all times.  A VA hospital in the LRGV will only mean a lower quality of care - but then these veterans will be able to say see- "we may be dying, but we have a building."
ARE TEXAS REPUBLICANS IN A MONEY CRUNCH

This year 3 major donors to the Texas Republican Party have died.  See story  With the national Democrats donating to the campaign of Wendy Davis, and the demise of Gregg Abbott's major donors, could the end of the tide of dominance by the Republicans be just around the corner.  At a national level Republican money is going to a number of high profile Senate races the Republicans want to win in order to take control of the US Senate. 

Watching the money in the governor's race could predict the winner.  The real race will begin in late August or September

Monday, December 30, 2013


 
JUAN MAGALLANES FOR DISTRICT COURT JUDGE

This is from a 4 page mailer I received. Again all candidates are entitled to free advertising on the BV. Send me your web links and all announcements and they will be posted, and added to campaigns if not already there.

AG ORDERS ZEKE SILVA DOCUMENTS RELEASED - AND WHY THE ESCOBEDO FAMILY SHOULD DEMAND THE TEXAS RANGERS TAKE CONTROL OF THE INVESTIGATION

DA Saenz has 30 days to release the complaints filed against Zeke Silva or file suit against the AG. Zeke Silva, pictured below, is not the issue here.  This story is about the inept and vindictive Luis Saenz.  Hey, Zeke - if this is the first you are hearing of this - it should tell you something about your relationship with Luis.

According to the AG, DA Saenz failed to present any evidence or argument  - period - to justify not releasing these documents.  See page 2 below.  Personally, I want Saenz to sue the AG because an appellate opinion against Saenz will be out there during his reelection campaign.  I think he has no chance of being reelected, but Saenz is in a cloud about the reality of who he is.

You can click on the letters to enlarge.

 

 


Like I said, I have never  lost an Open Records Request which goes to the AG. My success rate with the Texas Ethics Commission, Commission on Judicial Conduct, and Texas Education Agency is solid.  Why?  Because once I am arguing the law with law enforcement outside Cameron County I am dealing with people who are not hopelessly inept or corrupt.  I learned in the politiquera case of Margarita Ozuna that the AG does have an interest in Cameron County and will help.  As we all know she was charged and plead guilty.  My track record is solid.

This week I will send a complaint to the Texas Auditors Office related to contract rigging at BISD.  I have no experience with them, but like with everything else I do, I have spent quite a bit of time researching how they work and how to file a complaint.  I think I am there so I am ready to call for the investigation.  The most I expect is a letter from them informing BISD they ignored the law in the awarding of a specific contract.  But this letter could then lead to criminal charges of rigging contracts.  One step at a time.

 
 
BPD CHIEF ORLANDO "LA LEY ME ASUSTE" RODRIGUEZ

EDITOR'S NOTE:  Literary license is a part of writing - second the BV speaks to the voice of the people.  My long term sources know I will give them up in a heartbeat before I remain silent to keep them as a source.  My concerns with Chief Rodriguez is going to anger people - but the BV reports for Brownsville and not anyone else.  There is a truth here and it needs to be known.

THE ESCOBEDO FAMILY NEEDS TO HIRE A PRIVATE INVESTIGATOR AND THEN DEMAND THE TEXAS RANGERS TAKE THE LEAD IN THE DEATH OF DR. ENRIQUE ESCOBEDO

But first an editor's note - I rejected several comments calling me dishonest for referring to Dr. Escobedo as Dr., because I was part of that group who attacked him on the issue.  False - I was attacked over and over again for defending his use of the term Dr.  I explained technically, I can put on my business card Dr. Wightman-Cervantes because I have a doctorate - I would not - but technically I can.  Anyone with a doctorate from any university in any subject from any university in the world has the right to carry the title.  I explained this over and over again - so all of the comments were pure bull shit.  I also went after the Herald for the bogus article on the issue.

Sources close to the investigation of the late Dr. Enrique Escobedo have indicated a mistake at the scene is causing problems with the investigation.  But for me, what shocked me, was the decision to release the body as fast as it was released.  A highly qualified forensic pathologist from Houston at Brownsville's expense should have been brought in to handle the cause of death investigation at the medical level.

The decision to release the body was way too premature and the mistake of an amature.  I have interviewed numerous people who saw Dr. Escobedo the night before.  He left the Carlos Marin party between 9:30 and 9:45 p.m. As late as 10:30 p.m. he was texting with Rodrigo Moreno on how he can improve his web page.  To a person there was nothing to indicate he was distressed.  Aside from that evening there is no one who seems to know anything about him being distressed.  Obviously I have not interviewed everyone at the party or who knew him.  But the consensus is this makes no sense.

My view is this is a case of murder or involuntary suicide [75%] or actual suicide [25%].  Involuntary suicide comes from an involuntary neurological event which causes out of the norm action by the person committing suicide.  There is also the issue of an allergic reaction to a medication - for example a small population of perfectly rational people on gabapentin could commit suicide.  There is also the issue of a reaction caused by mixing alcohol and a medication.

There is no way in how fast the body was released everything which needed to get done was done properly.  I realize the scene suggested suicide, but it does not mean it was a voluntary suicide.  His mother has the right to know the truth.  It will make a difference to her to know her son took his life because of a neurological event versus a voluntary decision to end his own life.

I will go so far - it if comes out an outside forensic pathologist was called in - to say they screwed up.

I get that the family wanted closure.  I get that families want their loved ones as fast as possible.  But this is where the police department comes in and does what needs to get done.  It may make the family mad, and cause bad publicity for the chief, but in the end the family will be happy to know the truth.
 
ORLANDO "LA LEY ME ASUSTE" RODRIGUEZ

I do not trust the chief to investigate anything - let alone anything with political overtones.  This chief does not wipe his butt without first consulting with DA Saenz - in the barratry allegations against Luis Sorola and Mary Esther Garcia he assured us it would be a joint investigation with INS.  He lied.  Detective Ibarra some two weeks later had not worked on the case because we failed to provide him an address for the couple.  Really?  Detective Ibarra could not call over to the county clerks office to get the address off the marriage license.  I paid a dollar and got the license and had it passed to him.  Detective Ibarra failed to even review the barratry law before interviewing the couple.  If he did not know the elements of the crime, then how would he know what questions to ask? 

I am taking the known evidence to INS, the State Bar, and the AG - Detective Ibarra is claiming DA Saenz staff refused to take the case because Sorola dismissed the federal lawsuit.  That is like saying - DA Saenz dropped the bank robbery case because the thief returned the money.

The Escobedo death investigation is highly politically charged - I can tell the Escobedo family they have nearly zero chance of the full truth coming out so long as Chief Rodriquez is calling the shots.

The barratry case is not the only case I am working on.  I now see the pattern - in cases where people are protected by Saenz - Chief Rodriguez will look you in the face and lie like lying is a moral commandment from god.  In one case the alleged victim was told "I am ordering my staff to help you get to the Texas Rangers so you can by-pass DA Saenz."  Nothing - a month later his staff had done nothing.  I will now handle it.

Sunday, December 29, 2013

 
MONTOYA, ANOTHER FABRICATED STORY BOUGHT AND PAID FOR BY ALEX BEGUM

What's coming down the pike on Jonathan Gracia and Yolanda Begum, makes filth look like Mr. Clean.  Those stories will be handled in due course.

His entire claim that Linda Salazar would have her staff sit and wait for a couple to receive a marriage license and then be escorted down to her office was all lies.  As anyone can verify, the place where you get a marriage license is in a completely different building than where the JP's are.  Further, when you go to the clerk's office where the marriage licenses are received, there are cameras every where - no evidence of any employee of any JP sitting around to direct couples to any given JP was found on the tapes.  The entire claim was a lie.

Lie:  ""That was specifically touched upon," said none who requested anonymity to comment on her colleague's assertion that it was vague. "They went over the history of how the legislation evolved to prevent urban and rural JPs fighting over the marriage ceremony fees." 

First as I document below this was never discussed in the JP school - but here is the real proof.  JP's marry people every day - legally.  If the intent of the changes in the law was to keep them from fighting over the fees, then why by law are they marrying people every day?  Montoya is so stupid in is desperation to justify his fee to Alex Begum, he cannot even see an obvious lie.  Unfortunately for Yolanda Begum she is too stupid to realize how ignorant of the law her son really is.  Judicial candidates participating in lies during campaigns has significant consequences.

When the story broke I contacted the school where the JP's get their training.  No one knew the answer - it needed to be researched.  If they were teaching this long before the story broke then how come the instructors  told me it needed to be researched.  The end result was, best to not sign the waivers until it is resolved.

There are only 2 female JPs in Cameron county.  Linda Salazar and Sallie Gonzalez.  From Montoya his source this was covered in a JP class is a female JP ""That was specifically touched upon," said none who requested anonymity to comment on her colleague's assertion that it was vague." They went over the history of how the legislation evolved to prevent urban and rural JPs fighting over the marriage ceremony fees." {I will be visiting Sallie Gonzalez for a comment on Montoya's lie]

When this story broke I immediately discussed the matter with JP Linda Salazar. This part of my post is not new. She said that she did not issue the 72 hour waivers because when she worked for Menton Murray she saw how couples would come with evidence of having paid the district clerk first before the 72 hour waiver could be issued. As the BV has documented it is illegal for the district clerk to charge a fee. She made no mention of any training in JP school. In fact I asked her about it and she said it had never been discussed. Further, there is no possibility that Linda Salazar would give Montoya the time of day.

Lie "That appears to be common knowledge in Cameron County, where no other judges have issued a waiver document save the office of Garcia-Hernandez."  Tony Torres, Erin Garcia's predecessor signed the waivers.  JP's Mendoza and Canos signed the waivers.  In fact the county clerk's office informed me they are still processing 72 hour waivers signed by Canos.  This is public record which can be and will be used against Begum for her paid for lies. 

Tomorrow's story will touch on how all of this nonsense with Alex Begum paying people to punish anyone who refuses to bow down to his fake princess mommy dearest, will be covered in more detail in terms of direction.

BUT THINK ABOUT THIS

Fact - the state has no regulation of the fees judges, including JP's can charge for weddings.  As I have stated this is dead wrong.  The state legislature must handle this next year when they reconvene.  Nothing in the law says a judge cannot charge one fee for a regular wedding and an extra $25.00 for an expedited wedding.  It is that simple. 

The fake Princess Yolanda Begum believes it is okay for the district clerk to charge an illegal fee of $276 for a 72 hour waiver, but it is wrong for a judge to charge $25.00, for an expedited wedding in order to save the couple having to pay the illegal $276.00 fee. 

If this was about money, Begum and company would be denouncing the district clerk for the illegal fee and praising the judges for saving the couples about $250.  There is your black and white proof - and I am handling it.

Next week, I will deal with how county attorneys are refusing to do their job in order to insure this continued theft of $276 from coupled who want to get married sooner than the 72 hour waiting period.  It is very clear the county attorneys are under orders to do nothing which will compromise the county's continued theft of this $276.00 from poor people.  Commissioners court will not put the issue on the table to end the matter.  There are things which can be done by the county attorneys to solve this entire mess, and they have with willful intent breached their ethical duties to the JP's and people for the sole purpose of keeping this ongoing theft of $276.00, from some of the poorest of the poor.  Cameron county commissioners court is going to find themselves in a pickle over the conduct of their lawyers.

And where is Yolanda Begum on the issue - let the poor eat cake because she is the fake princess of Cameron county.

Saturday, December 28, 2013

HOME AGAIN

While NY is always fun, it is always nice to be home. Monday I have breaking news. Just because I was away does not mean my phone did not ring and emails were not sent. Separate from the breaking news will be the story of the complications in the Escobedo investigation. I hope the Escobedo family will take my recommendation and demand the investigation is pulled from the BPD and put into the hands of the Texas Rangers.  The mistakes are extraordinary.

Luck was with me on my return.  As can be expected during the holidays the flights are overbooked.  After arriving at LaGuardia United asked if I would switch to Newark because they were overbooked.  I got $200.00, a free ride to Newark, and a nonstop to Houston which I did not have out of  LaGuardia.  I still got in at 10:10 p.m. - so there was no impact on my arrival.

Once on the plane because I helped the flight attendant with a senior, she comped my meal.  The pilot ended up comping every one's Direct TV because of problems with the system.

Mind you my ticket only cost $10.00 to begin with because I have lots of miles.

See ya, Monday - and I promise some breaking news

Thursday, December 26, 2013

BV BACK ON  MONDAY - MAYBE SUNDAY - JUST RELAXING AND ENJOYING NY

Tuesday, December 24, 2013



WHITE CHRISTMAS


GRANDMA

The one in red is the man who wrote the lyrics, the other man wrote the tune.

Monday, December 23, 2013



 
I'LL BE HOME FOR CHRISTMAS
 
THE MIRACLE OF THE CHRISTMAS TRUCE

In 1968, Communist Vietnam called for a Christmas truce- within reason it held. One can debate how well the truce held, or the motivation behind the truce, but the reality of the truce and the impact it had on people remains real.

This event had a major impact on my life in terms of understanding the true meaning of Christmas. I may have only been 10 years old, but the impact of the truce was everywhere on the news so it could not be missed.

Here you had a country which officially did not believe in God on its own calling for a truce of the day of Peace. This changed me forever. It formed in my mind the importance of substance over form. What is Christmas if not the day to celebrate the message of peace preached by Joshua, aka Jesus.

1968 continues today. When I grew up a non-christian friend celebrating Christmas was unheard of. Today I have friends all over the US who are of all faiths (many non-Christian) and most of them celebrate Christmas as a day of Peace. I believe Joshua would be pleased that his message has now become more important than his mere birth.

The great tragedy of Christianity is the need for so many churches, their members, and religious leaders to celebrate the form of the man Joshua while ignoring his message. If Christmas has a true miracle surrounding it, it is the fact that so many non-Christian faiths and non-faiths now recognize Christmas as a day of Peace.

Sunday, December 22, 2013


OTIS POWERS - THE ESSENCE OF EVIL AND NOW
 PERHAPS THE MOST DESPICABLE PERSON IN BROWNSVILLE

Since Powers aligned himself with Enrique Escobedo the BV has been hard on Powers. The key part of this story is not new - I have posted it it before. My issue is not that Otis Powers actively worked with the FBI and me to seek an indictment of the Escobedo brothers, it is the fact with a straight face he has agreed to be an honorary pallbearer at Dr. Escobedo's funeral.  This is worse than pouring salt on an open wound.  This man has no conscience.

Before his reelection, Powers and I worked on putting together a presentation for the FBI in hopes of securing an indictment against the Escobedo brothers.  I received endless phone calls wanting to know if the Power Point was ready.  Powers has a client who is a high level administrator with the FBI office in San Antonio, which oversees Brownsville. 

I worked on the Power Point, but I had needed something from Powers which he would not do, so I backed out.  I cannot remember what it was, but it was endless delays - I think it had to do with an ad he was suppose to run.

But let there be no mistake, Otis Powers leaked documents implicating the Escobedo brothers in alleged contract rigging, and then sought my assistance in creating a Power Point for the FBI.

Now mind you, I am just one of many people who met with the FBI.  Galonsky met with them over the corruption at the Brownsville Housing Authority and ties to the Escobedo brothers.  Officials within the county and the city met with the FBI and produced documents.  I was just the only one open about it - well not totally true.

While Presas-Garcia and Longoria are just idiots, unlike Powers they had enough integrity to not pretend to be Escobedo's friend while taking information to law enforcement.  I have told the story about when I ran into Luci Longoria at DA Saenz's office.  At least Luci and Cata did not pretend to be his friend while trying to get him indicted.

My issue is the insult to the Escobedo family and Dr. Enrique Escobedo by Otis Powers  even showing at the funeral.  Powers has to have no conscience.

How he shows his face at the next BISD meeting is beyond me.  He should simply resign.

As community activists it is our duty to expose what we believe to be corruption.  I have never befriended anyone in hopes of screwing them over.,  Now people have given me unsolicited information in an attempt to play me and I play along just long enough to allow them to hang themselves.  Cris Valadez comes to mind.  He plays every side against the other.  But that's for another day. 

My issue is no matter what you think or thought of Dr. Escobedo, you do not attend his funeral pretending to care when in fact you sought to have him indicted.  Such an act in my book is the ultimate act of treachery.

While I have great sympathy for the family's loss,  it does not change any of Escobedo's business practices.  I would never like some phony show up at Dr. Escobedo's funeral and pretend to be a friend of the family.  I am not.  But I am human and hate the pain they are feeling.  And like I said, if suicide is confirmed, I hope his family will use his name as a way to encourage people to get help and reach out when they feel desperate.  I have always been about redemption, and would much rather he be remember for helping the community through his passing, than for any mistakes he may have made during his lifetime.
THE MISSING NAME SAYS A LOT

I have a rule about Christmas week - truce - but in this post I will talk about the missing name, because of a telling post on McHale's page.

Tomorrow I will talk about the person who may very well be the most despicable person in Brownsville. This person worked with me directly in taking evidence to the FBI concerning the Escobedo brothers, while pretending to be their friend in this time of need. I have no problem with him working with me on the criminal complaint - my problem is his insult to the Escobedo family by agreeing to be an honorary pallbearer.

The posted comment on McHale's page is typical McHale - offensive and disrespectful to the Escobedo family.  But the tone of the comment tells me it was made by an Escobedo family member, or a very close friend in Mexico.  I say Mexico because they say Rio Bravo instead of Rio Grande.

Now you take the comment and see whose name is not listed as an honorary pallbearer - Escobedo's campaign manager.  What I know for sure from eyewitnesses is as late as 10:30 p.m. the night before Moreno and Escobedo were texting about redoing part of his web page.  The question is what else was said by the end of the texting to cause this poster on McHale's page to lash out so at Moreno.

I have had inside information for months.  I will not mess up an investigation.  When the time is right and the BPD have had an opportunity to do their job, I will be more forthcoming.

But let me say this - treachery abounds in this city.  If you think as an elected official you have friends you are delusional.  All elected officials are nothing more than tools of those who play them. 


 
NAT KING COLE - THE CHRISTMAS SONG



NAT KING COLE AND NATALIE COLE - THE CHRISTMAS SONG

 
 
SANTA CLAUSE IS COMING TO TOWN



BARBRA STREISAND'S CHRISTMANS ALBUM


 
 
LOUIS ARMSTRONG AND BILLY HOLLIDAY

BREAD PUDDING - CIRCA 1950 BETTY CROCKER, WITH BOURBON SAUCE

For 2 days I have been emailing this everywhere - so now I will just tell people to check the BV

Also, I am preparing my Christmas album for the BV starting Christmans Eve - a 7 year tradition.  I'm shooting for 20 videos.  We shall see

This is the original recipe with one modification.

Toast 8 pieces of thin white bread. Cut in half, and then thirds for a total of 6 pieces.

Heat to scalding 2 cups of Vanilla Silk Light Milk (original is regular milk) There is a big difference in taste between the Silk milk and regular milk- The Silk milk makes it creamier and gives it a hint of vanilla.

Heat milk to scalding (when it begins to boil up) then poor over cut up toast in large bowl. Mix well to insure all of the toast is soaked.

After it cools add 1/4 cup butter melted, ½ cup sugar, 2 eggs slightly beaten first, 1/4 tsp salt, 1/2 cup seeded raisins, ½ tsp cinnamon; ½ tsp nutmeg - mix well

Pour into 1 ½ qt casserole. (About 7 ½ " square) Bake until silver knife inserted in pudding comes out clean. Serve warm or without Bourbon Sauce.
Bake

Temperature: 350
Time: Bake 40-45 minutes
Amount 6 servings

Note: I do this for parties and typically double everything and then bake same amount of time. I use a 9x13 dish

Bourbon Sauce

1/2 cup butter
1 cup sugar
1 egg, lightly beaten
2 tablespoons bourbon (whiskey) or to your taste

In a medium-size saucepan over low heat, melt butter; add sugar and beaten egg, whisking to blend well. Cook, stirring constantly, until mixture thickens. Remove from heat and whisk in bourbon to taste; let cool. Whisk and reheat before serving. The sauce should be soft, creamy, and smooth.
For Children: substitute 2 tsps real vanilla - not the artificial junk

Saturday, December 21, 2013


A & E TAKING REALITY OUT OF REALITY TV

An A & E program "Duck Dynasty" headed by a man by the name of Phil Robertson has come under attack for the following words by Mr. Robertson

"“It seems like, to me, a vagina -- as a man -- would be more desirable than a man’s anus," Robertson told GQ. "That’s just me. I’m just thinking: There’s more there! She’s got more to offer. I mean, come on, dudes! You know what I’m saying? But hey, sin: It’s not logical, my man. It’s just not logical.” “Everything is blurred on what’s right and what’s wrong. Sin becomes fine," he later added. “Start with homosexual behavior and just morph out from there. Bestiality, sleeping around with this woman and that woman and that woman and those men. Don’t be deceived. Neither the adulterers, the idolaters, the male prostitutes, the homosexual offenders, the greedy, the drunkards, the slanderers, the swindlers -- they won’t inherit the kingdom of God. Don’t deceive yourself. It’s not right.”

Click for story

You cannot have a debate when one side is silenced.  It may shock people but I find it chicken shit that Phil Roberston has been suspended from the show.  This man is suppose to head of a Christian family with hunting as their focus.  It is a highly popular show.  To be frank with you I never heard of the show until this story.

The decision should have been made by the sponsors and viewers - obviously if no one will sponsor the show then on a business decision A & E would have had no choice but to cancel the show.

Don Rickles managed to offend everyone every  time he spoke.  We watched because we enjoyed him.  If there are people out there willing to put aside Mr. Robertson's words it is their right.

To be honest with you the gay part did not offend me one bit - what really offended me was his words reducing the vagina to a pleasure object for men. 

When I read nonsense like  this it only tells me this man is many things, but a Christian is not one of them.

But I will be the first to defend his words.

The fake left in this country never seem to understand that by allowing for this nonsense and getting it out there it only pushes the undecideds to the left on these issues. 

It is essential we allow people like Phil Robertson speak and be heard because it educates the rest of us about what exactly we are facing in terms of extreme ignorance.

It is sad A& E has taken what is a clear reality in this country and taken off the air, at least in terms of this one man.  Putting a blindfold on reality does not make it go away.

I personally have enough confidence in the American people to know that Mr. Robertson's words will only serve to further isolate his type of false Christians, and this is good.  But it will not happen so long as we silence him.

 
JOE G. RIVERA FOR COUNTY JUDGE

All candidates are entitled to free advertising on the BV - all events - announcements - just send it and it will be posted bobbywc58@yahoo.com - Click to enlarge professional resume

 

 
 
 
 
 
 
 
 
 

Friday, December 20, 2013


GAY MARRIAGES MOVE FORWARD IN UTAH AFTER A FEDERAL JUDGE DECLARES VOTER INITIATIVE BANNING GAY MARRIAGE UNCONSTITUTIONAL

Like I said the other day, this battle is won. The Texas ruling out of San Antonio is a formality. Click to see today's article from Utah

LOOKING AT WHAT WE KNOW
 AND WHAT WE NEED TO KNOW

Until Dr. Enrique Escobedo announced for District Clerk he was an enigma to me.  He was clearly two different people.  He was a public servant, and he was a businessman with questionable practices.  But once he announced for District Clerk I got it - he lived for public office.  He was not qualified for the job at any level, but he sought it anyway.  This man lived for public office - it is how he defined himself.

When he use to teach at UTB/TSC if you checked instructor reviews he always came up on top with the students.  That is the public servant side of him.  He gave it his all.  I remember trying to register a friend of mine in his anatomy and physiology course and was disappointed to learn he was no longer teaching.  Dr. Escobedo was clearly 2 different men.

At this point all we have is a preliminary report.  Sorry, but I do not take final until we have final.  All indications are it was self inflicted.  But other than that and the fact he was found naked [also being reported by the Herald] we know nothing about the scene.

The BV unlike all of the bloggers has always been very protective of people with mental illness.  It is a quiet killer in part because of the bloggers in Brownsville and the morons who post their ignorant comments on the issue.  People all over the U.S. have been working to make mental illness the next issue to come out of the closet.  Coming out about your mental illness is essential to the coping part of the treatment.  But people fear coming out because of people like the bloggers and the anony's who post their ignorant statements.

If people want to honor Dr. Escobedo, in particular his family, once confirmed it was suicide they should create a public campaign for people to not be ashamed of their clinical depression or other forms of mental illness.  This would be a wonderful way to honor Dr. Escobedo.  I have always been about redemption and would much rather have Brownsville remember him for helping this cause of coming out of the closet of mental illness than anything negative.

Everyone I have spoken with who was at Carlos Marin's Christmas party says he was fine.  But like I said with people who are at peace with their decision to move on, are actually quiet calm when they commit suicide.

If it is a suicide, because he lived for politics and elective office, he had to have believed he was done in politics.  It is never healthy for people to put all of their apples in one basket.  People every day leave public office after being voted out, and move on.  They move on because they do not define themselves by holding public office.  When Dr. Escobedo announced for District Clerk I finally understood he defined himself through public office.  There is nothing wrong with loving public office and public service.  But if you define yourself through public office and come to believe your time is up, it can be devastating.

For now, all I can say is, if you want to bring meaning to the end of his journey with us, encourage people with mental illness to come out of the closet so that we can stop the stigma associated with mental illness.  You need to denounce those who make light of mental illness and use it as a weapon.

If in fact Dr. Escobedo was suffering from some form of depression I am convinced he would be with us today if he had felt he could openly talk about it and use his own experience as an educational tool for the community.

Thursday, December 19, 2013

 
ENRIQUE ESCOBEDO COMMITS APPARENT SUICIDE
 
THE HERALD IS REPORTING THE SAME - APPARENT SUICIDE WHILE QUOTING THE POLICE
 
This is why you do not print a story like a puppy dog having his first orgasm.  Yes you have a great story, but if a 20 minute delay in reporting is needed to get the truth, then you hold for 20 minutes and make the necessary calls. 
 
A very reliable source has called me and told me JP Linda Salazar is declaring the death of Enrique Escobedo an apparent suicide.   The allegation is his brother Jaime went to his house with an extra key after Enrique failed to respond to all phone calls.  When I initially heard the story I thought a break-in and murder because the allegation is he was found naked.  This fact has me bothered with the initial report of apparent suicide.  Until a full autopsy the "apparent suicide" is just an initial finding.
 
This being naked issue delayed my story.  I really needed to follow up with a second source. 
 
My source is solid.  But if I later learn he was murdered I will change the story.  But my source is close enough to the scene to be reliable.  My source is telling me the BPD Chief and Linda Salazar are on scene.
 
Officially, pending an autopsy the claim is apparent suicide with a gun shot to the head. 
 
People know very little about this issue, but it is not at all unusual for someone who is about to commit suicide to be very calm even the day before.  In their mind they have found peace for what ever is bothering them and the suicide is a relief.  It can actually be a moment of relief for them - the pain goes away.
 
Other sources are telling me Enrique was at an event last night and all appeared well.  But this is consistent with someone who is at peace with the idea of suicide.
 
I am very bothered with him being naked.  So once the autopsy is complete the official cause of death may be murder - we have to wait.  I can only report what is being reported as the interim cause of death.

TEXAS MOVES FORWARD ON GAY MARRIAGE
UNDER FEDERAL MANDATE

UPDATE:  Today in a unanimous opinion the New Mexico Supreme Court upheld the right to gay marriage.  In some counties because of confusion in the law, clerks had already been issuing marriage licenses since before today's opinion.

Click for Story

This battle is basically done - but Texas will fight to the bitter end only to lose.

When people try and regulate how a word is used, you have to know ignorance is at the source of the problem. Unless you intend to arrest grandma for introducing her gay grandson as married to another man, you are urging your point to no avail. The idea anyone believes they can regulate the use of a word speaks to the level of contempt so many Americans, and in particular Republicans truly have for liberty.

On a personal note, I favor marriage before the government got involved - irony how the Republicans call traditional marriage that defined by the government as opposed to how marriage was traditionally defined for 1000's of years.  Yet another example the Republicans are full of shit along with their followers who repeat their moronic statements like lemmings.

Historically, two people went to a religious person and married.  There was no license - no interference from the government.  But when government interference benefits the bigotry of Republicans all of a sudden Big Brother is your friend instead of your enemy.   Even in the beginning of the precursor to the license you went to the church officials for a church license, not a government licence.  Marriage other than common law marriage was always a matter for the churches and not the state.  But now the Freedom of Religion Republicans have turned it into a state issue without regard for the doctrine of the churches.  Yet another example of how the Republicans play their lemming followers with false claims of being pro religion and anti-big brother.

THE NATIONAL GUARD

Last year the U.S. Supreme Court found DOMA to be unconstitutional.  It was a federal law which basically made it illegal for the federal government to recognize thousands of gay marriages.  The issue was benefits.  Since the ruling the federal government has been expanding all federal benefits to gay couples already received by straight couples.   The majority of National Guard units are federally controlled, while a handful are controlled by the state.  Texas on a temporary basis gave in to the federal mandate and has put all gay couples in the same position as straight couples in terms of benefits.

Florida instead chose to deny all benefits to spouses regardless of sexual orientation for state regulated national guard units.  All federal regulated units are receiving equal benefits regardless of sexual orientation.  Now, ask yourself - other than outright ignorance what could force a governor to say to straight couples, rather than have to give gay couples benefits we are going to cut off your benefits?

See article

GAY MARRIAGE

This issue will be resolved by a federal judge in San Antonio.  See Article  The DOMA decision will be at the heart of the case.  Texas has a lot of benefits for veterans not available by the federal government or other states.  The Hazelwood Act provides for tuition waiver in all state universities.  The allowable credits are transferable to your spouse and children.  This means a gay veteran married to another man can give his free tuition waiver to his non-veteran husband if he so chooses.  But not in Texas.  Texas transfers property tax discounts to disabled veterans to the spouses after the veteran dies.  But not in the case of the gay surviving spouse.  The DOMA decision was pretty clear that the government cannot discriminate in benefits based on the sexual orientation of the couple.

When Senator Lucio was the final vote to put the anti-gay marriage amendment in the Texas Constitution I was asked to take the lead against him.  I said no.  It was not complex.  In exchange for his anti-gay marriage vote he got the votes for life without the possibility of parole as an alternative to the death penalty.   What Senator Lucio got was real and had an immediate impact in terms of the death penalty.  The Texas anti-gay amendment was meaningless.  It was passed to please the ignorant. 

Everyone knew that it was meaningless because it would eventually be challenged in court.  Gay marriage was not going to come to Texas without a court decision with or without the amendment.  So in my mind the ignorant Republicans got a meaningless Amendment which did nothing to change Texas law as it already existed, but those of us who oppose the death penalty got an option other than the needle.

GAY DIVORCE

The issue of whether gay couples married in other states seeking divorce in Texas is now before the Texas Supreme Court.  See article  If the Texas Supreme Court refuses to grant the right of divorce, they know it will go directly to the US Supreme Court. 

The end of this battle is a formality.  The sad part is while intellectually disabled children go without help and other children go hungry churches and ignorant Republicans will give money to fight a loss battle while not giving the money to help children in need.  But then of course this is what Republicans call pro family.  If you cannot see all the BS contradictions in the Republicans agenda which claims to be anti-big brother and pro family and pro church it is because your eyes are closed to your bigotry.

WHAT WILL I DO

The chances of me meeting someone in Brownsville is pretty much non-existent.  Believe it or not I am not one to initiate a conversation for a date.  On dating I am actually quite bashful.  I have been encouraged to ask someone out at bingo, but I cannot just bring myself to do it.  Also he may be married.  He has kids, but maybe he is divorced.

But if I ever do meet the right man, I will never consent to state sponsored marriage.  We will marry in a field with family and friends present.  We will read our vows to one another while a friend guides the proceedings.  It will be that simple.  Now for legal reasons we will sign binding partnership agreements in the event things do not work out. 

Wednesday, December 18, 2013


RAUL SALAZAR GETS 10 MONTHS,
 COURT COSTS, BUT NO FINE

I have read Montoya's rendition of the facts, and they reflect the fact he was not even in the courtroom. I am assuming what he knows he got from Zeke Silva. Even after the bailiff directed everyone in the court to turn off their phones, Zeke Silva went over to the Herald reporter and was texting someone while speaking with the reporter. Apparently when you have the protection of Saenz you can ignore direct orders of the court.

Montoya seen below "I lie because my moronic readers love to be deceived so I can earn money for my child support."    Remember, Montoya was not there.  This never happened.  I will post a document which explains what Mr. Warner was talking about, and why Luis Saenz himself came to court to participate in In Camera discussions with Justice Hinojosa.

This is just an outright lie.

"We should not send him to jail because he was only following the orders of his boss Ernie Hernandez," attorney Larry Warner told visiting judge Federico Hinojosa. "Ernie Hernandez is the one who should be here."


 
As my last night post noted the bond on Raul Salazar had to have reflected Justice Hinojosa's belief that Ernie Hernandez orchestrated retaliation against HR employees.  Justice Hinojosa, and rightfully so, did not allow for the witnesses to verify the perjury until such time as the Motion for New Trial.
THE SENTENCING
 
Rightfully so, and as argued by ADA Gus Garza, Justice Hinojosa found that Raul Garza did not learn from his previous conviction for the same crimes.  This is why Justice Hinojosa ordered a Pre Sentence Investigation. He wanted a record of the previous conviction.  At this stage the 10 months is a proper sentence - as Gus Garza pointed out a juror told the lawyers and Justice Hinojosa this must stop.  My leanings are toward the socialist model of justice which finds that public corruption is a crime against all of the people and all of the people are victims.  Judges in socialist countries typically hand down a lot longer sentences for public corruption than we do in the US. 
 
At this stage everything is solid.  There is nothing to appeal.  BUT once the motion for new trial is heard, if the new trial is not granted there will be a solid appellate issue.
 
A notice of appeal was filed because either a Notice of Appeal of Motion for New Trial has to be filed to invoke the rule which mandates bail pending appeal or the Motion for New Trial.
 
Let me finish uploading this document filed by Mr. Warner and you will see how Montoya outright lied in is post.
 
 WHAT'S HAPPENING AND WHY SAENZ JOINED THE HEARING
 
A judge does not just reduce bond from $150,000 to $30,000 for no reason.  I believe it has to do with what I discussed in my first post today on this case.  If you doubt me the motion attached is what they in part discussed in chambers.  I know this because Mr. Warner made a reference that he is amending this motion to change one sentence as he had discussed in chambers.
 
 
I am running late in posting because like the reporter for News 5 and the Herald I stayed behind to speak with Mr. Warner.  I tried to get him to discuss this motion, not knowing it had been filed, but he declined.  So I went to the court to get a copy of his last minute filings and discovered this motion.
 
At common law you could not convict a lessor conspirator until you convicted the principal.  What Mr. Warner was saying to the court was not that Ernie Hernandez had done anything wrong, which in fact Mr. Warner went out of his way to say he had not, but that because Ernie Hernandez who is the principal according to DA Saenz, not Mr. Warner, had failed to be indict or convicted the court should consider this during sentencing, in the interest of justice.  Click for the above motion - same basic discussion along with perjury discussion 
 
The Motion supported by case law shows that because of the alleged perjury in the case, the court has no choice but to consider the alleged perjury in its ruling.  Whether it will change the sentencing at a later date,  or result in a new trial we will not know until Justice Hinojosa hears the motion.
 
You do not call down the elected DA of the county to an In Camera hearing with a judge in a misdemeanor case unless you are panicking.  Also in the courtroom was Rene Gonzalez, second in command under Luis Saenz.
 
People can spin this all they want, but the bond was reduced by $120,000, and the elected DA participated in the In Camera hearing over a misdemeanor charge.  Someone is nervous.
 
Like I said, at this point the sentence was correct - hell I would have given the full year.  But this is separate from the Motion for New Trial.  It is way past the time table for Saenz to inform Justice Hinojosa of the inaccurate testimony.  When the hearing comes, this will be an issue before the court.
 
I will also tell you Saenz personally offered a plea deal of probation if Raul Salazar would just turn on Ernie Hernandez.  I was told that the lawyer Saenz met with made it clear - Raul Salazar is not going to commit perjury for Luis Saenz.

Tuesday, December 17, 2013

 
MAYOR TONY MARTINEZ
PUTS THE SCREWS TO TSC

The documents attached are the documents I have been seeking from TSC.  Today rather than face an AG enforcement action, TSC released the documents.

Click for Documents

Click for missing page from August 20, 2013 letter from Mark Sossi

What is clear is Tony Martinez and not the commission is calling the shots.  I put the blame 100% on the city commission.  They simply refuse to take control and end the abuse.

Because of the Raul Salazar story below I really do not have time to do a detailed analysis of the letters today.  But what is clear is Tony Martinez is calling the shots and TSC was put under the screws to meet Martinez's demands or else.

More on Thursday, once I can better analyze the documents.  If you post a comment on the letters tell me the date of the letter you are looking at so I can verify your statement.
 
RAUL SALAZAR SENTENCING
HEARING ON WEDNESDAY

I will update after the hearing -

The only thing official on the docket is the sentencing hearing.  I do not know if any post conviction motions have been filed.  But I do know the county ordered the transcript for a reason.  We may learn that reason in the morning.

My following post needs to be put into perspective.  Armando Villalobos was allowed to carry his $50,000 unsecured bond pending sentencing after conviction on 7 felony charges..  Justice Hinojosa upped Raul Salazar's to a total of $150,000 secured after three misdemeanor convictions/  Why the big difference?  Well two different judges for one - but I am certain Justice Hinojosa was infuriated over the claims of retaliation against the HR personnel.

He will be equally upset to learn he was mislead.  What he will do, I do not know.  If he grants a new trial it will be because he believes Gus Garza intentionally inflamed the jury with a lie, thereby making it impossible for anyone to know how much the lie impacted the jury.


FIRST AND FOREMOST, I AM RELYING ON A DRAFT COPY OF THE TRIAL TRANSCRIPT. THE TESTIMONY IS NOT FROM A CERTIFIED COPY

What I am using may actually be certified, the email says vols 3 and 4 are certified. I am only using parts 3 and 4.  I am not 100% sure either way.

I learned that Commissioner Court authorized the purchase of a copy of the trial transcript so I did an open records request on it and received the draft copy late Tuesday afternoon. It is my understanding the court reporter will have an official certified copy ready for the hearing.

Pete Sepulveda’s testimony was actually after David Garcia’s. I tell you this so you can know the true sequence of the testimony. But I am starting with Pete Sepulveda’s testimony because his testimony about the time frame of the reorganization of HR is clearly incorrect.

Earlier David Garcia in his testimony got the time frame correct, but as the document I will show shows, during his testimony he allowed the jury to believe Commissioner Hernandez was the bad guy when in fact he knew it was commission counsel Juan Gonzalez who put the matter of HR reorganization on the agenda. The email indicates David Garcia got the email of the agenda at 1:46 p.m., on the 14th. This had to have been before he took the stand. He was the second witness after lunch on the 14th


 
Click to enlarge

What is most interesting about this email is, Pete Sepulveda is clearly trying to deflect from himself his less than accurate testimony and to put the all of the blame on David Garcia.

Pete Sepulveda's Testimony- Remember this is out of sequence.  Pete testified after David Garcia

"Q. But I want to know and what I want this jury to know clearly is that that action took place a day or two days after they were served with a subpoena to testify in this case?

A. Yes.

Q. They had no prior notice, correct?

A. Correct.

Vol. 3. Pp. 223-224

The documents from the county indicates that Pete Sepulveda and others were notified as early as October 15, 2013, of AR Flores' intent to reorganize HR. This was a month before the start of the Raul Salazar trial. Pete Sepulveda’s testimony is not accurate, and the documents prove it.

Click for HR Documents

David Garcia’s testimony is more of a totality of his testimony rather than one statement. Beginning at page 174. At p. 176 Gus Garza, ADA, to David Garcia

"Q. So you, yourself, have suffered a $70,000 cut in pay. You, yourself, have had your name, your position in the County Court -- Commissioners' Court agenda to be discussed for evaluation by Commissioner Hernandez. Was this before you made your statement or after you made your statement?

A. After.’

David Garcia was mad that The Regional Mobility Authority cut his job of $70,000 a year. Event though Commissioner Hernandez had nothing to do with it or any authority over the RMA David Garcia blamed Commissioner Hernandez.

At p. 177

"Q. In this case, was that brought upon you by Commissioner Hernandez?

A. I believe so, yes.

Q. And was this man, the Defendant, Raul Garza Salazar his hatchet man?"

So you have this testimony painting a picture of Commissioner Hernandez retaliating when the following happens.

Q. Do you know, sir, and only answer if you know, whether or not several of the HR employees three or four weeks ago were demoted from their position?

A.. They -- I'm not sure if they've been demoted, but they have been placed on notice.

Q. So there was an effort to impact their jobs?

A. As far as I have heard, yes."

David Garcia has the time frame correct, unlike Pete Sepulveda, but the document clearly shows no one was being demoted or would lose pay. David Garcia clearly believed he had a score to settle over the lose of his job at RMA .

GUS GARZA OVER DOES IT

If a new trial is granted, which I have no idea that it will be, it is because Gus Garza in his closing pushed the lies about reorganization in HR. Gus Garza cannot tell Justice Hinojosa it is no big deal because Gus Garza made a huge deal of the false testimony to the state's advantage.

From Gus Garza in closing to the jury

"Ladies and gentlemen, we've brought you a case, no doubt, no doubt what happened. It's happening today, right now as we sit here right now. Are you going to stand for it, or are you going to send a message? I really hope you do. ‘ Vol 4. P. 63

From page 62 - and note - the evidence shows there was no demotion on the table - it was all one big lie. Gus Garza cannot now tell the court that his argument had no impact on the jury. He made the center point of his closing a lie.

"Think about it. Pete Sepulveda came and told you. The main man for Cameron County, for all the employees that are not under elected officials, the administrator that's supposed to protect all the employees, that did protect them and went to Arnold Flores, his subservient, the person under him and told him, "No, sir, you can't demote these people, there's no justification, there's no notice, there's no due process." Does the Constitution apply to them? Do they get protections? Does the law protect them? Do they get less protection than any Defendant in this country? Well, according to this Defendant and Ernie Hernandez they don't because as we sit here today there's an item on the agenda to have them demoted. Are you going to stand for that? Is that what America is found?"
TSC IS GIVEN 5 BUSINESS DAYS TO COMPLY WITH OPEN RECORDS REQUEST OF FACE POSSIBLE ENFORCEMENT ACTION
 
This has been going on for nearly 2 months.  In house legal counsel at TSC cannot be so stupid as to not know the law on this issue.  They outright have refused to comply with the law at any level.  Stage one is to send the AG a letter seeking an opinion.  They did not do that.  After they were very late with stage one President Tecero without consulting the Board hired a Dallas attorney to inform me TSC would be seeking an opinion.  Weeks later they had still taken no action to file any objection with the AG.  I then sought an enforcement action against TSC.  The letter which is copied to me is addressed to the lawyer hired by TSC President Tecero.
 
I realize TSC is in growing pains - but an outright contempt for the law is not and never will be acceptable.  The Board needs to meet in Executive Session and demand to know why President Tecero has not taken this to the Board to learn if they even want to invoke attorney client privilege, and to know why her office has simply chosen a path of outright ignoring the law.  If this is how she is going to run TSC while making Juliet Garcia look like a saint President Tecero will find her stay in Brownsville very short. 
 
The request relates to real estate deals with the City and UT.  Why President Tecero is protecting Tony Martinez and Juliet Garcia is beyond me.
 
I expect the Board to take no action.  This is the way things will be in Cameron county.  The Open Records law has no meaning to the political entities in Brownsville and Cameron county.  In large measure the blame belongs to Greg Abbott.  TSC has long ago waived any right to assert any objection, but yet in the letter they are invited to assert any objection they may have.  Why should TSC follow the law when it has Attorney General Greg Abbott instructing them in writing there will be no consequences if they fail to follow the law at least as to a timely objection
 
Click Here for one copy and also see below

scan0009


Monday, December 16, 2013



VILLALOBOS HEARING UNDERWAY

UPDATE:  It is 4:30 and there is nothing new on Pacer or from those in court.  It is any one's guess as to what is happening.  The final sealed event could have been a subpoena for the Jury Foreman to come to court, or we could simply be waiting  for Judge Hanen to issue a written order supported by case law.  As I noted below courts have granted new trials over jury misconduct related to FB,  Judge Hanen is a studious judge who wants to get it right - so he and his staff could simply be doing research.  If anything happens later I will post another update.

ORIGINAL POST:

I am not in court because I am busy. Unlike the reporters in court, I do not get paid to be there.

I am getting my summaries from the coverage by Valley Central and the Valley Morning News. I am trying to find channel 5's coverage.  Manuel de la Rosa has a lot of court experience from his days at Court TV. If I can find his coverage I will include it.

They are going over the various counts. The defense has raised two valid points. In the Livingston case there was no evidence Villalobos ever received a penny. The evidence showed his former law partner, acquitted btw, made two $40,000, withdrawals - but there was never any evidence Villalobos got a penny of the money. All the DOJ has is Villalobos paid some bills using money orders - but that evidence was slim and did not amount to a lot of money.

The other issue involves Valle - there was no evidence his campaign money was a bribe or that his clients received any favorable treatment. DOJ noted the money was not reported as campaign donations.

Look, everyone knows that you give money for influence. Sometimes the trial ADA's are impossible to deal with and you have to go over their heads. This happens in every county in the country. What Judge Hanen does with this is any one's guess. I am not justifying the influence issue, but it is a reality - even in how federal judges are selected.  You give to the Party - work for the Party - prove your loyalty and you get nominated.  We can pretend this does not happen, but living in la la land will not fix the problem.

Hanen appears to be favoring the jury, but there is no ruling

Judge Hanen is discounting the argument of jury confusion because the jury is free to believe some, all or none of the testimony of any given witness.  This is true.  But understand what he is saying.  The jury can part A of the witness's testimony and then conclude they lied about part B.  This is the law - like it or not.

JURY MISCONDUCT ISSUE

This in part brings in the nonsense of Facebook and friends.  One of the defense counsel is claiming the Jury Foreman is listed as a Facebook friend of Emma Perez-Trevino, and posted comments to Facebook about getting the deliberations done.

From Valley Central "Defense claim of jury misconduct: citing a Facebook post from juror and jury notes about disagreements & urgency to wrap up trial"

This is why while blogging a trial the bloggers must not give their opinion on the weight of the evidence.  No matter what the judge tells the jury they will get on the Internet.  If you remember on her Facebook page during the trial Emma blasted defense counsel.  If the jury is reading this, how is that  fair?  It is not.  If error is preserved on this, in particular Emma blasting defense counsel during the trial, it could be an interesting issue on appeal and the use of tweeting, Facebook, and blogging live.

From reading the coverage at Valley Central and Valley Morning defense counsel did not raise the issue of Emma trashing them during the trial.  If you do not raise it you waive the issue.

Right now the judge seems to be saying he is not buying any of the defense counsel's arguments.

Norton Colvin going after Emma's Facebook postings and raising concerns.  Emma is not reporting his argument, Valley Central has nothing so far.  Norton is calling for inquiry into what the Juror read and did not read on Emma's Facebook page.  If it is shown he read Emma's trashing of defense counsel - I believe blogging, tweeting and Facebook live will be banned. 

THIS IS GETTING GOOD

Sorry I am not there, but I do not get paid to be there and I have to finish some projects.

From Emma quoting Norton ""If a reporter that does have an agenda, I believe, is communicating with the one who ends up being the jury foreman, that has got to be looked into," Norton said.

Norton is 100% correct.  Hanen is looking at reversal by not allowing for examination of the jury foreman.  Waiting to see what Hanen will do.

From Emma quoting AUSA: "Surovic said this is "gross speculation" and "wild speculation" on the defense's part, asking will the next question be to call all the jurors as ask "How many of you read the Brownsville Herald?"

Look, I live both Norton and Surovic.  They are both great lawyers - they are doing what great lawyers do.  But this just got complex.  Hanen has called for a 10 minute break. 

If he fails to allow the defense to create a record by calling the Jury Foreman he is looking at a reversal - I am certain.  What I do not know is, if Norton noted that Emma trashed the defense team on her FB during the trial.

They are still in break.  I was just going over Valley Central's coverage - they are refusing to name Emma as the reporter whose FB page was read.  Typical BS reporting

STILL AT BREAK

I am certain Judge Hanen and his staff are doing research on the FB issue to see if it has come up before

FROM REUTERS:

"More than half of the cases occurred in the last two years. Judges granted new trials or overturned verdicts in 28 criminal and civil cases -- 21 since January 2009. In three-quarters of the cases in which judges declined to declare mistrials, they nevertheless found Internet-related misconduct on the part of jurors. These figures do not include the many incidents that escape judicial notice."

The above article is for anyone interested in the issue.

We are still at break - what is happening is Judge Hanen is trying to decide if he will allow Villalobos' lawyers to create a record by calling the Jury Foreman as a witness on the misconduct issue.  It is never smart for a judge in a criminal trial to deny the defendant a record on the Motion for New Trial.  The time to resolve this is now.

When we were sitting there waiting for the verdict I rejected comment after comment which included threats against me for not allowing for the comments.  I stated I would not allow for comments on the weight of the evidence because I had no way way of knowing if the jury was reading my blog.  Free Speech requires responsible speech and not trashing defense counsel during the trial.

PARTIES WAITING ON JUDGE HANEN TO EMERGE WITH HIS RULINGS

It is being reported the attorneys are waiting on rulings from Judge Hanen - we will have something soon - I hope

The sentencing will be at a later date and will go a lot faster because of today's hearing.

I am logged into Pacer so if the rulings are typed in I can quote directly from Pacer.

I do not see where Manuel de la Rosa of News 5 is covering this - but if anyone knows let me know - I really want his perspective.


UPDATE VILLALOBOS TRIAL

In Chambers Hearing with Sealed document - something is up

"Full docket text:Minute Entry for proceedings held before Judge Andrew S. Hanen: IN CHAMBERS CONFERENCE as to Armando Villalobos held on 12/16/2013. Appearances: G.Surovic, AUSA; J.M.Androphy, Atty f/deft; A.Gargour, Atty f/deft; N.Colvin Jr., Atty f/deft;);(Court Reporter: B.Barnard)(12:30-12:50). Hearing SEALED w/o objections. Discussion held. Courts Exhibit #1 admitted and sealed., filed.(csustaeta, 1)"

This is per Pacer

NOTHING NEW:  The BV is the only one reporting the Sealed Hearing in Chambers and the filing of a sealed document.  There is nothing new on Pacer.  I have texted and emailed a lot of people.  The attorneys are not talking with anyone.  We shall see what happens - back to work.