Monday, May 5, 2014

I will begin with the ad because that is what people are talking about.  The person who did the flyer seems to be unaware the current election does not involve these two candidates.  This tells us he/she is not very smart.


I never read copy in an ad.  If there is a list of qualifications I will read that.  If there is a list of ideas and what the candidate brings to the table I read that.  But I never read anything in paragraph form.

I will bet the farm the part most read by those getting the flyer is "Elect Yolanda Terán Begum." 

This flyer may be the poorest developed flyer ever done in a political campaign.  Come on people - it says "Elect Yolanda Terán Begum, when it is suppose to be an anti Yolanda flyer.


So Montoya complains that someone puts out a flyer attacking Ruben Peña.  What a horrible person this person must be - Montoya "lies, all lies - this is dirty politics."


Click for summary of all of Montoya's trash.  For the record to keep Montoya from reprinting this trash is the only reason Ruben Peña pays him.

So do tell Juanito, were you lying when you were being paid by Ernie Hernandez and attacking me and Ruben for going after the politiqueras or are you lying now?

At the heart of the above ad is a claim that by filing election contests, their absolute right by the way, Yolanda Begum and Ruben Peña basically harassed a lot of old people.  There is actually an element of truth to this - but I blame the state more so than the candidates for the problem.  The law concerning election contests  compel the challenger to harass the voters if they want to prove their claims.

So now Juanito wants you to believe Peña harassed no one.  But during the Hernandez/Pena trial lets see what Montoya wrote on the subject.

Friday, May 7, 2010
Apparently, Peña is hoping that he can cower enough elderly and homebound people who voted through the mail to recant their votes to persuade a visiting judge from Hidalgo to overturn the results where he lost by 49 votes to Hernandez or get the judge to order another election.
"He is asking them who they voted for and if they knew who they were voting for," said a source. "He's trying to scare some of them by telling them that they were videotaped when their ballot was filled out. Many of them have called us to tell us that he's trying to scare them and sign an affidavit saying that a politiquera filled the form and that they didn't know who they voted for."
The good news is, Peña through his actions put a final end to the politiquera issue. Since the indictment of Margarita Ozuna there has been no evidence of a problem.  That credit goes to Ruben Peña.  And the facts show Montoya trashed him for it.
In 1996, I represented the defendant in an election contest.  I had no idea about politiqueras or someone would be so low as to harvest mail ballots.  I initially took the case because RAZA leader Jose Angel Gutierrez asked that I take the case.  The original allegation was that everyone who lives in nursing homes is mentally ill and their votes should be voided.  Well I knew enough that was 100% bogus.
As it turned out both sides harvested mail ballots and my client was in her second term when the court of appeals finally ended it with the 3rd or 4th reversal of the trial court's order voiding the election result.
But during the process my client and her followers asked that I interview a large group of seniors whose mail ballots all went to her opponent.  The goal was to show it was the plaintiff who in fact was guilty of harvesting mail-ballots.  After I interviewed one or two people I stopped the process.  The seniors were confused and had no idea why they were in the law offices of a Steve Salazar.  It was clear they felt intimidated.  I would not be party to it and walked out.

My client's opponent submitted an affidavit sign by a blind Anglo woman who neither spoke nor read Spanish.  The affidavit was in Spanish.  This was enough for us to prove the plaintiff was harassing and intimidating voters.  The DA refused to act when it was proven no notary was present when all of these affidavits were signed.  They were notarized in mass at a later date.  The notary lost her notary license for her actions.  It is way too easy to commit fraud. 

At the criminal trial of one of my client's campaign workers after the DA failed to produce one so called defrauded senior to testify against my client, the judge ordered two people randomly picked from the list of seniors who voted by mail dragged into court against their will.  After my client was acquitted the jury foreman told the judge  he had sat on many juries and the judge was the most dishonest judge he had ever seen.  The judge lost his reelection bid.  Even by the judges the law as written invites abuse of the seniors.

BUT THE PROBLEM IS - without interviewing some voters you will never prove the fraud.
In Ruben's case the dismissal of the appeal over the printing of the ballots was incorrect.  He did not want to listen - that was old law.  The law had changed.  A ballot is not required when there is no opponent.  With no ballot necessary, the argument the appeal had to be complete before the printing of the ballot was without merit.  Ruben never made the argument.
I told Ruben and Cowen to have the Republican drop out and then make the argument since no ballot was needed as a matter of law because there was no opponent on the November ballot, Yolanda would have been able to move forward with her election contest.  Nothing - they did not want to hear it.
I am about the law and process and not the result.
Running to these seniors and intimidating them with interviews is never right - regardless of who is doing it.  The first thing is to look for patterns in the applications for mail ballots.  I explained this to Ruben and Cowen and this is how they discovered the multiple ballots from Sonia Solis' home. 
With proper analysis and competent counsel both Yolanda and Ruben could have proven some fraud without harassing so many senior citizens.
I will never forget the couple who testified that they would never vote by mail again because of having been dragged into court to discuss their ballots.  They felt violated.  They never should have been harassed.  Voting by mail is not a crime and never justifies any candidate going to that person's home to harass them with interviews.  Many seniors are easily confused and intimidated.
The state needs to change the election contest rules.  The loser should have  to get permission from the assigned judge before interviewing the voter.  It needs to be done by  recording so we know there is no intimidation or misleading of the voter into saying untrue things based on fear.
Any competent attorney can see the patterns in the mail ballots to be able to provide a judge a prima facie case of some  fraud.  The voters should be interviewed under the supervision of the court.  The right to vote without being harassed at a later date should be absolute until a judge says move forward and defines how the interview is to be conducted and then must be recorded.
The first witness is the one who got Margarita Ozuna indicted.  His testimony was clear.  She took his mail ballot.  You could hear a pin drop when the man was giving his testimony.
There has to be a better way to approach these seniors than unsupervised uneducated in the law campaign workers knocking on their door scarring them.  Maybe the first step needs to be a letter which states if any of the following things happen when completing your mail ballot you should contact - then name the lawyer or candidate conducting the investigation. 
This problem seems to be behind us - but it does not change the fact the election contest laws have to be changed to protect the seniors and voters from further harassment by the candidates.


Anonymous said...

Total BS story. Montoya was right on the money. credibility at an all time low. So sad.

BobbyWC said...

You are so pathetic - and have become a broken record - so it does not say "ELECT YOLANDA TERAN BEGUM?"

Was Montoya right on the money when he said the following against Ruben Peña?

By Juan Montoya

"Apparently, Peña is hoping that he can cower enough elderly and homebound people who voted through the mail to recant their votes to persuade a visiting judge from Hidalgo to overturn the results where he lost by 49 votes to Hernandez or get the judge to order another election."

You are truly a broken record

Bobby WC

Anonymous said...

Your hatred for Montoya knows no bounds Bobby.

First you work for Ruben Pena on the politiquera issue, so you say, and then you bash him while his race is going obvious attempt to hurt his chances of winning...just like you do with all candidates that advertise there.

Anonymous said...

No opinion of your article, only correction is "La Raza" (not "RAZA").

BobbyWC said...

Nice pathetic distraction - I have repeatedly said Ruben Peña owns the issue of ridding us of the politiqueras.

Now come back with your name coward and tell my readers how my saying over and over again Rubeh gets credit for ridding us of politiqueras hurts his campaign.

Copy and paste where I have said anything Montoya is accusing him of.

My point is Montoya claims he thinks it is horrible how this person put out these claims - when in fact he is the one who started the claims.

I have made clear that this is why he pays Montoya to keep him from repeating the lies.

Again how does this hurt Ruben- the good news is Ruben is not an idiot like you - I saw him at the Knights of Columbus event - we had a good conversation the following days post going after Joe Rivera as a win for Cascos had already been written.

Again tell my readers how that post hurt Ruben Pena.

Ruben Pena will see me later and as always we will be friendly with each other - you know why - because he is not moronic troll spending his days on the internet making stupid comments to protect the con artists like Montoya

bobby WC

Anonymous said...

You just don't see it do you Bobby? You have told your readers over and over to denounce the candidates that advertise with Montoya because they are supporting his lies. Ruben advertises with Montoya, so there you have Hurts Ruben, he is supporting lies and corruption by advertising with Montoya! Did you or did you not say that?

BobbyWC said...

and i have made clear while documenting it with montoyas garbage pena is paying under constructive duresd