Thursday, August 21, 2014

 
JUDGE DAVID GONZALES III "I'M TOO STUPID TO BE A JUDGE, BUT YOU DO NOT KNOW THAT DO YOU?"
 
A little bit more than a year ago I documented the case of a domestic abuse victim who was facing arrest on the verge of her testimony because of the incompetence of David Gonzales III.  After the events went to beyond surreal, DA Saenz realizing he had no control over Gonzales or the ADA assigned to the court, he ordered all charges dropped against the woman.
 
The problem then and in all likelihood today is, Judge Gonzales III staff is not doing their job, and Judge Gonzales does not care enough to fix the problem.  What I discovered was, Judge Gonzales is ordering the arrest of people who fail to appear in his court, even though they were never noticed to appear. 
 
In the case I worked on I proved to Judge Gonzales and his staff that the DA's office under Villalobos provided his staff the wrong address, but had they checked the paperwork filled in by the alleged defendant they would have found the correct address.  This was all explained to Judge Gonzales.
 
The woman then appears and he orders a new bond for her based on failure to appear.  She is then arrested in open court.  It was simply too surreal to believe.  He agrees she was never ordered to appear and then he orders a new bond based on her failure to appear.
 
On the day of the politiquera hearing, Judge David Gonzales being a petty vindictive prick ordered his bailiff to take a picture of me while sitting there.  I slipped in before 8:30, when I knew he would have someone at the door barring the press.  He is playing this little game that there is only room for the defendants.  A lot of people were told they could not enter.  Even a family which had a setting for a prove up in a personal injury case.  At no time while I was there were all of the seats full.
 
During the hearing David Gonzales admonished several people for not being there at 8:30 as the letter ordered.  The problem was as several defendants proved the letter said to be there at 9:00.  Again David Gonzales having no idea what is happening.
 
BUT THE KICKER
 
On that day I would say some 20-30 people had arrest warrants issued for their failure to appear.  The script was the same each time.  The defendant would be called.  When they failed to answer Judge Gonzales would say "what says the State?"  The incompetent ADA would say "Capias your honor."  This means arrest warrant. 
 
You see the constitution demands that the DA's office prove the defendant was given notice.  But not in Judge Gonzales' court - it is just assumed.  No one bothered to check the files to insure notice was provided to the proper address.  Given the fact I had already proven this is a problem in his court, one would think Judge Gonzales would consider the constitution relevant.  Nope not Gonzales nor DA Saenz.
 
WHY THE DOUBLE STANDARD?
 
The BV through documents proves that David Gonzales III was paying Montoya for several months without one article or ad in favor of Gonzales.  The BV then let known it was going to publish the FBI 302 Interview of Gonzales and all of a sudden Montoya prints a piece saying - "do not fret Brownsville there is nothing of interest in David Gonzales' FBI 302 Interview."
 
This is how it happened.  Villalobos gave the Interviews to Cris Valadez to have them published to the Internet.  Cris gave them to Montoya who had other plans for them.  Right Judge Oscar X. Garcia - you are so screwed dude.
 

 
SO MY QUESTION
 
Montoya takes Gonzales money for months while doing nothing to promote Gonzales until the BV announces its intent to publish the FBI 302 Interview.  Montoya then tells his readers without publishing the Interview "nothing to see here folks, move on."

But now as to Magallanes who did nothing more than what is happening statewide with lawyers doing business with judges [I agree the practice should be banned, but it is not and is legal, and is done statewide by Democrats and Republicans alike] is attacked as guilty by association.  There is no FBI 302 Interview paid for by Oscar X  Garcia to be published by Montoya at the 11th hour, right Oscarsito?

So why does Gonzales get a pass from Montoya and Magallanes does not?  Oh that is right Gonzales paid for silence and Oscar X. Garcia is paying Montoya to speak.

10 comments:

BobbyWC said...

You're and idiot and you comment is rejected. There is a court reporter record as to my capacity in the case. And that is only because Judge Gonzales insisted I explain what I learned directly to him.

Any person is allowed to pull files to see what is happening. Any person is allowed to help for free any other person on legal matters.

In fact the new JP rules allow me to try cases in their court.

Learn something about the law your moron instead of celebrating your ignorance with moronic posts.

Bobby WC

Anonymous said...

an investigation should be launched against this judge..and the County Clerk rivera.

Anonymous said...

I am not a lawyer, but isn't It against the law to have Oscar DLF a school board member gain money from inside information, along with voting for the school board to pay settlements so he can get money under the table? Why hasn't this idiot been arrested. Is there something the SBCISD do? I think that it would be a good idea for the SBCISD to file a lawsuit against Oscar DLF for profiting from his political office and remove his father's name from one of their schools.

BobbyWC said...

Saenz refused to prosecute. He has the entire trial transcript with Oscar DLF confession and Saenz still refuses to prosecute

Bobby WC

Anonymous said...

Why do you go so hard after Judge Gonzales on this and not any other judge? ALL the judges handle the failures to appear exactly like that.

BobbyWC said...

So what you are saying that since they all are showing contempt for the constitution it is okay?

Further, my one on one experience with this problem is with Gonzales. I have never seen it in any other court.

Bobby WC

Anonymous said...

I have two problems with your post. First how is the Court suppose to know whether the Defendant received proper notice if the Defendant fails to appear? After the Defendant is arrested and released on bond he or she is responsible for providing and address or the bonding company is responsible for notifying the individual of the court date not the District Attorney. If I give a bad address and the letter comes back notifying me to appear who should be held responsible? The Courts are doing what the law allows them to do.
Second, getting the word out about my business in the form of advertising has nothing to do with whether I support a persons views who is advertising. If I need to reach a target group of individuals who will buy my product I need to get the product in front of them. You use the constitution to support one issue and refuse to accept the right of free expression in the next. Your hate for the other Blogger has warped you perspective. You can refuse this post or say I am an idiot which is what you are good at doing. But the truth is you are a hateful person. You mislead the readers with twisted half truths.

BobbyWC said...

First of all you lack the ability to read, and are ignorant.

I clearly explained that the notice is sent by the court. I clearly said in the courts file is the form completed by the defendant with their proper address. I clearly said in the case I investigated the court had the correct address but instead chose to go with the address provided by the DA's office which was wrong.

When someone fails to appear before you have them arrested you check to see if you sent the notice to correct address.

You seem to find this to be unreasonable - it is not - the constitution provides you must provide the defendant notice and opportunity to appear before you have them arrested - it is pretty basic.

Second, I have explained this to you a million times and you are too dense to comprehend. Free Speech does not apply between private citizens. It is the government which cannot silence you.

I am the moderator. It is your position I have some legal duty to post anony claims that people are engaged in criminal conduct without an ounce of proof.

You know which blogs will do that for you - not at the BV.

And finally, like the typical con artist you through out accusations without one example of proof.

The theme with you is - you believe we should live in a world were proof is never necessary.

Bobby WC

Anonymous said...

The County Clerk's Office is responsible to mail out written Notice of Arraignment to each defendant charged by complaint and information by the District Attorney's Office. The Clerk's Office relies on the information provided by the DA's office which relies on the address collected by the Arresting Agency.

When a defendant's notice of arraignment letter is returned to the County Clerk's Office it is put in the file and a docket entry is made regarding the fact that notice letter was returned.

On arraignment day, the Court staff and Judge can easily find out whether the Notice of Arraignment letter was returned whereby the defendant was not notified to appear in Court. Even if a defendant failed to appear after proper notice was provided, the Court has absolute authority to set a bond, increase the bond amount or recall any capias issued by the Court regardless of the opinion of the State.

The court's unwillingness to give a person the benefit of the doubt or show some mercy is an different matter entirely.

BobbyWC said...

In the file which the court has is the form completed by the defendant. That is the address. My experience has the DA providing the wrong address.

Further, the constitution requires that the court provide notice before it does anything.

the court cannot just go through a file without notice to the defendant or their attorney and raise the bond.

Once the person is charged due process attaches for all court action - that means notice and opportunity to respond.

Bobby WC