Sunday, January 5, 2014

 
LUIS SAENZ LOOKING AT A  FEDERAL LAWSUIT IN HOUSTON

See End Note for DOJ, AG and New York Daily News downloading the article

From the Monitor - quoting federal judge Andrew Hanen "An extensive federal investigation found corruption in the Cameron County’s legal system and judiciary to be so pervasive that most people probably wouldn’t believe it — “unless they heard it themselves,” U.S. District Judge Andrew S. Hanen said in 2013."

In the Eddie Lucio case Saenz among others were referred to the State Bar for testimony which came out against him concerning an alleged bribe by Justin Ramos -  the documents in this case should seal that investigation against Saenz.  The pattern and practice of his unethical conduct is clear to everyone but people he buys.

"But the allegations in this complaint depict a situation in which defense of the State's criminal
prosecution will not assure adequate vindication of constitutional rights. They suggest that a substantial loss of or impairment of freedoms of expression will occur if appellants must await the state court's disposition and ultimate review in this Court of any adverse determination. These allegations, if true, clearly show irreparable injury."  Dombrowski v. Pfister 380 U.S. 479, 485-486 (1965)

It is nearly impossible for a person to go to federal court to obtain an injunction against a DA for malicious prosecution. The Dombrowski case is the exception.  I will say Dombrowski is not as strong of a doctrine as it was at one time.  But the special facts of this case that Ed Cyganiewicz has been working both sides will anger the federal judge something fierce. The fact that Alex Begum bought the criminal prosecution with a $3,500 donation to Saenz will allow the federal court to find it is futile for Josefina Canales to seek justice in Judge McDonald's court. 

Judge Hanen's comments about the institutional corruption in the Cameron County DA's office along with the Justice Departments decision to call Justin Ramos as a witness to testify that Luis Saenz accepted a bribe from Justin Ramos will go a long way with any federal judge in Houston.

Josefina Canales is being maliciously prosecuted by the vindictive Luis Saenz based on a $3,500 donation from Alex Begum's law firm.

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
See criminal charge against Ms. Fisher - DA Saenz claims calling Yolanda Begum a fake is obscene and therefore criminal.

Saenz, Begum, and even Ed Cyganiewicz are in for a wake up call after a federal judge reviews the evidence.  Ed Cyganawicz has learned I am about to break a story concerning his failure to disclose to his criminal defense clients he works for DA Saenz at the same time he is doing nothing to protect his criminal defense clients.  The ACLU is going to go nuts when they see the documents.  They are not going to be happy he is still part of the Manny Velez case.

It is beyond unethical to work for the DA at the same time you are court appointed to represent a man the DA is seeking the death penalty on.  If Ed Cyganiewicz has failed to disclose this fact to the Velez family his problems with the State Bar will be significant.

This practice of the DA's buying corrupt defense attorneys with special prosecutor appointments must and will stop.  With the Manny Velez case I am certain the ACLU is going to raise hell and bring this to a brisk end.

 
WILL ART MCDONALD THROW HIS JUDGESHIP UNDER THE BUS TO PROTECT LUIS SAENZ AND ED CYGANIEWCZ?  I SAY YES

The case of Manny Velez is very instructive here.  Click for Court of Criminal Appeals decision and history.  With the case heading for the Supreme Court over Luis Saenz's unethical conduct in switching sides in the case, Judge Elia Cornejo Lopez eventually granted a habeas corpus finding a witness called by Saenz mislead the jury.  (Sound like the Raul Salazar case - Luis?) The Court of Criminal Appeals upheld the habeas.  Personally, I believe the Court of Criminal Appeals upheld the habeas because they feared the conflict of interest case going to the U.S. Supreme Court and Court of Criminal Appeals looking like unethical idiots.

There is no dispute in the Velez case that had a legal representative of Manny Velez negotiated the representation agreement with Saenz, the case would have been reversed by the Court of Criminal Appeals.  In the Velez case, the Court found the sister of Velez who spoke with Saenz was only seeking information for another sister who would actually do the hiring, an argument the U.S. Supreme Court would have laughed at.

In the case of Josefina Canales, Cyganiewicz failed to disclose he had worked as a special prosecutor for Saenz,  or just prior to, at the same time he was taking Josefina Canales money and not seeking an immediate dismissal of a case a first year law student could win.  Now with the Josefina Canales trial around the corner, Saenz the ever unethical DA calls Cyganiewiez and offers him money to do more work for the DA's office. 

A federal judge in Houston will go nuts over this - personally I do not believe without Judge Hanen's comments on the issue a federal judge in Houston would believe it to be true.

This also explains why Cyganiewcz failed to take the necessary action with the grand jury to protect Ernie Hernandez.   This is going to blow up in Saenz and Cyganiewicz faces. Saenz is going back to the grand jury on Wednesday against Ernie Hernandez.  Saenz is hell bent on getting himself indicted.

Remember Luis, the DOJ and FBI monitor my blog every day.

The only question left is, will Art McDonald dismiss the charges against Josefina Canales as politically motivated or will he suffer a federal court order dismissing the charges because protecting Luis Saenz and Ed Cyganiwiez is more important than the constitution and ethics within the legal profession?  If he does the latter his career as a judge will be over.

The fact Luis Saenz and Ed Cyganiewicz think Judge Art McDonald will play along with this con, says a lot about what Luis Saenz and Ed Cyganiewicz think about Judge McDonald.

SPECIAL ADDITION - THE HERALD - JUST BEYOND STUPID AND IGNORANT JOURNALISM

"A Cameron County grand jury found him guilty on all counts in 2012 and U.S. District Judge Hilda Tagle sentenced him to life in prison in May 2013." Click

There are so many things wrong with this sentence it blows my mind - one, a grand jury does not find anyone guilty of anything - it would have been a federal jury and not a Cameron County jury, anyway.  Daniel Cavasos has no pride in the Herald, and its owner AIM seems to not care just how bad of a paper it has become.  The editor appears to be totally devoid of any knowledge.

DOJ Downloads Article

6 Jan 2014 09:36:54
Browser:
IE 9.0
OS:
Win7
Resolution:
1920x1080
United States Flag
Total Visits:
114
Location:
Potomac, Maryland, United States
IP Address:
Us Dept Of Justice (149.101.1.120) FBI
Referring URL:
(No referring link)
Visit Page:
Texas AG Downloads Article

6 Jan 2014 08:45:37
Browser:
Chrome 31.0
OS:
Win7
Resolution:
1440x900
United States Flag
Total Visits:
8
Location:
Austin, Texas, United States
IP Address:
Texas Attorney General (204.64.50.212) [Label IP Address]
Search Referral:
https://www.google.com/ (Encrypted Search)
Visit Page:
 
New York Daily News downloads Artcile

6 Jan 2014 09:49:33Browser:Chrome 31.0OS:Win7Resolution:1920x1080 Total Visits:1Location:New York, United StatesIP Address:New York Daily News, L.p. (208.64.108.126) [Label IP Address]Search Referral:https://www.google.com/ (Encrypted Search) Visit Page: brownsvillevoice.blogspot.com/

1 comment:

Anonymous said...

I personally know Ms. Canales and I will tell you she is a wonderful woman. She is a very hard working woman who is dedicated to raising her wonderful son. This is a vicious attack against her and her family and I am SURE glad you are doing her right by exposing the DA for this apparent favor.

BTW Mr. Cervantes, your proof of the 3,500 donation only convinces me even more that our DA was capable of taking the 1000 he was accused of during the Lucio trial.