Thursday, January 23, 2014

 
VINDICTIVE DA LUIS SAENZS ORDERS VICTOR CORTEZ AND GUS GARZA TO ENGAGE IN OFFICIAL OPPRESSION AS RETALIATION FOR THE BV'S WORK AGAINST THE DA'S OFFICE

 
WHY THE BV DOES NOT HAVE THE FULL ERNIE HERNANDEZ STORY


Part of this I will post later, because I have to find it in one of my posts. 

UPDATE:  FROM THE SUPREME COURT OF THE UNITED STATES:

""Though the public acquires information about trials chiefly through the press and electronic media, the press is not imbued with any special right of access. Rather, the media possesses "the same right of access as the public . . . so that they may report what people in attendance have seen and heard" ( Richmond Newspapers, 448 US at 573"

I have quoted the US Supreme Court on the issue of access to press conferences.  What they held is, under the constitution the people have the same access as reporters.  The reporters have no special standing or right to be in press conferences over the average person  Further, an endless number of courts have found bloggers to be reporters.

Saenz ordered the press conference to be behind closed doors on the 3rd floor of the Administration building.  When I got there Saenz ordered an armed investigator to keep me out along with anyone else who did not have press credentials.  Gus Garza demanded I show my press credentials before he would let me in the behind closed doors press conference. 

I am not naming the investigator because, one he was a professional at all times, and two he was just doing his job.  Why should he be ridiculed by the public for following orders from a hopelessly corrupt DA, namely Luis Saenz.  Are any of you wondering why Montoya did not report this stunt.  Because his job is to protect Luis Saenz.

When I left the courthouse the indictments had not yet been posted on the public access computers.  But you can find it here.

Click for Hernandez Indictment

In front of Gus Garza I called 911, he opened the door to the press conference and told someone I was calling 911.  The BPD gets a solid "F" in how it was handled - they sent me in circles only to leave me waiting for someone to answer a phone no one was ever going to answer. 

I headed to the police department, made a phone call and within minutes the police chief sent out Sergeant Jaramillo to take my complaint.

From the Texas Penal Code:

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
 
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful

This is a class A misdemeanor.

The US Supreme Court has found I have a right to be at the press conference.  Beyond that where is the transparency when the DA denies the people access to a press conference which includes the indictment of an elected official.

A reporter, whose name is in the criminal complaint, was told by Victor Cortez that it was his policy to keep the bloggers out of the press conferences.  This is how stupid they are.

From Saenz web page - who is Victor Cortez:

 

"HI, I AM VICTOR CORTEZ, DA SAENZ HIRED ME TO VIOLATE YOUR CONSTITUTIONAL RIGHTS - AND YOU CAN BET I WILL DO AS I AM TOLD.  I WILL NOT THINK TWICE ABOUT ENGAGING IN OFFICIAL OPPRESSION AGAINST THE PEOPLE OF CAMERON COUNTY"


"The District Attorney's Public Integrity Unit is an integral part of the District Attorney's new reorganization. The Unit is designed to develop and implement internal programs so to ensure compliance with the District Attorney's policies. The programs are the foundation to restoring confidence and professionalism to the District Attorney's Office. The Unit, led by Mr. Victor Cortez, will work closely with federal, state, county and city agencies on any ethics and integrity case involving any District Attorney employees. Mr. Cortez, under the leadership and guidance of District Attorney Saenz, will develop programs to restore the public's trust in the District Attorney's Office. "

According to Saenz Victor Cortez will restore the public's trust in the DA's office by engaging in official oppression.  These people are beyond stupid.

Next week the report will be released to me when I meet with the investigator.  At that time I am to bring the Supreme Court case which clearly states I had every right to be at the press conference.

Then if I understand what will happen, the liaison between the BPD and the Sheriff's department will decide who will conduct the interviews and investigation before turning it over the DA's office.

Once the investigation is done DA Saenz cannot touch it.  An attorney Pro tem must be appointed.  In fact I can take the complaint to any judge and asked that he/she appoint an attorney pro tem to bring charges against Luis Saenz, Victor Cortez, and Gus Garza.  And you can bet the farm I will.  I will also file the complaint once complete with the Texas Rangers, the criminal section of the AG's office and the DOJ and FBI.

There is no rule as to who can ask a judge to appoint an attorney pro tem when the DA is conflicted out.

"(a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of his office, or in any instance where there is no attorney for the state, the judge of the court in which he represents the state may appoint any competent attorney to perform the duties of the office during the absence or disqualification of the attorney for the state "

Click for statute

I have things to do, by tomorrow morning I will have the Supreme Court case posted.

9 comments:

Anonymous said...

What does it takes to get press credentials? Do you meet the criteria if so why don't you get the press credentials. Therefore, avoiding all the problems and giving you the opportunity to get the information to your reader straight from the source of information.

BobbyWC said...

There is no such thing as press credentials. All it means is you have an employee ID for someone who works as a reporter. there is no official document.

But it is meaningless. The courts have found bloggers are reporters.

But even more importantly which you do not seem to understand the US Supreme Court has found especially in criminal cases the people have as much access as the press. Reporters have no special rights.

So you do not need to be a reporter to be at the press conference - period.

You think having an armed guard to keep me out was not a bit over the top. You think it had nothing to do with my morning post?

Please - stop the games

Bobby WC

Anonymous said...

Bring a section 1983 complaint. Seems like you could get around qualified immunity with your case law. Even with nominal damages you can get atty fees. Plus you'd have discovery rights.

BobbyWC said...

Im not sure about the 1983 case = also it looks bad if I am also pursuing criminal charges - for now I care more about the criminal charges and getting an injunction against Saenz

If there is a lawyer who wants to discuss it with me email me

bobbywc58@yahoo.com

but know I care more about the criminal charges than anything else

Bobby W C

Anonymous said...

Why not show up at Obama's next press conference on the White House lawn and see what happens. Of course, the state can restrict attendance at a press conference. It is not an open forum.

BobbyWC said...

On the White House issue - do you really believe people are that stupid?

The White House Press Corps has a clear police which includes bloggers. there are so many spaces and you apply. Everyone is given an equal access.

The issue is denying access to a group - the courts have found reporters and the average citizen are on equal footing when it comes to criminal cases.

Bobby WC

BobbyWC said...

I do not allow comments about a person's mental health - but I have not ruled that out

Bobby W C

Anonymous said...

I saw this one coming from a mile away! The timing is just perfect. Right before the early voting starts so that it will do the most damage. We all know Saenz is supporting Dominguez whose running against Hernandez. Saenz campaign manager, Zeke, is managing Dominguez campaign. If it stinks like s**t then it probably is s**t! The charges will be dropped after the election.

BobbyWC said...

If not stopped by a federal judge first.

The latest developing story is Saenz offering up perjured testimony to the FBI to secure federal indictments

The complaint is on its way to the IG for the FBI

Bobby WC