Sunday, January 11, 2015

 
MONTOYA WITH HIS OBSESSION OF MELISSA CONTINUES TO MISS THE STORY CONCERNING THE 8 LINERS

After he failed to submit a proper narrowly tailored Open Records Request he created this conspiracy theory which basically targets Melissa.  Even after the BV, not Montoya, broke the story about the purchaser Montoya continued to put some of the blame on Melissa because as a non-lawyer she was somehow qualified to speak to the issue and stop DA Saenz, from entering into the contract for the sale of the 8 Liners.  He has no evidence anyone in Saenz office took the time to investigate the purchaser.  I made it clear this was incredible incompetence, and Montoya claims this is me defending Saenz.

SAENZ MAY NOT HAVE FOLLOWED THE LAW

With Montoya he always throws out these so called sources which cannot seem to get it right.  His claims on the going value of the 8 Liners, was wrong..  This has been proven by the BV simply posting the results of on line bids.

Montoya cannot get off his obsession with Melissa - I have not allowed for comments which link his obsession with payments from Zeke Silva because Zeke appears broke.  Several months ago he put his trucking company into Chapter 11 bankruptcy. [This is a reorganization to extend the payments on the debt, and not a discharge of all of his debt - although some small unsecure creditors may not get paid in full.] In these proceedings money is pretty closely watched so I cannot imagine Zeke Silva paying Montoya anything at this time.  So guys let it go.

So I posted the link on the Henderson County forfeiture to see if that might get him to stop with his obsession for 2 seconds and actually do the research - nope he is obsessed with Melissa. 

HERE IS THE LAW WHICH MAY NOT HAVE BEEN FOLLOWED IN THE SALE OF THE 8 LINERS

Art. 59.06. DISPOSITION OF FORFEITED PROPERTY.  (a)  Except as provided by Subsection (k), all forfeited property shall be administered by the attorney representing the state, acting as the agent of the state, in accordance with accepted accounting practices and with the provisions of any local agreement entered into between the attorney representing the state and law enforcement agencies.  If a local agreement has not been executed, the property shall be sold on the 75th day after the date of the final judgment of forfeiture at public auction under the direction of the county sheriff, after notice of public auction as provided by law for other sheriff's sales.  The proceeds of the sale shall be distributed as follows:"

I'M GOING TO HELP YOU OUT JUANITO:

"Produce any local agreement with law enforcement which would have covered the disposition of the 8 Liners sold to Lowkes International Inc."  A narrowly tailored Open Records Request which may shed some light on why no auction was held.  If the agreement does not provide for auction, then an auction is not required.  But without the agreement we have no way of knowing if an auction was required.  But if it was - then we have an even bigger problem.

You are not going to hear me defend Texas' forfeiture law.  Click for a great article which speaks to the abuses and how the money can be used.  It invites the very abuses done by Villalobos and now coming out against the just defeated Dallas DA.  But it is common practice for DA's to use the money to give employees raises.

 My first entry into this area of law was when I was in law school.  Our firm represented Lloyd Williams, who had business ties to a bank owned by Ann Richard's opponent Clayton Williams. I believe Lloyd Williams was being subjected to a forfeiture action related to a real estate sale.

This was the link Ann Richards made to suggest her opponent Clayton Williams was tied to drug money.  Those of us old enough to remember, remember the non-handshake by Williams.  Click for Article.

Then Travis County DA Ronnie Earle met with Lloyd William's counsel from our office and offered to stop all state proceedings against Lloyd Williams if he would just sign an affidavit implicating Clayton Williams to drug money.  Needless to say, Mr. Williams' attorney returned to Houston, called the then Houston Post, and told the story of Ronnie Earle's offer.

My point is, the process invites abuse and the State needs to change the law so as to avoid any more of these obvious abuses.  And since it appears Mr., Saenz does not know how to draft a proper contract related to these matters, it may be time for the Legislature to require certain language and background checks of the purchasers.

SIDE NOTE - If you are interested in how the Lloyd Williams mess resulted in me inadvertently helping the late Ray Hutchison blackmail Ronnie Earle into effectively dropping the criminal charges against his wife - then Senator Hutchison  - click here .  At the time it never occurred to me that by sending the Senator the documents I had retained to show Ronnie Earle was corrupt, would result in her husband calling me, faxing me, and using the information I guided him on to get the criminal charges against the Senator effectively dropped - she was formally acquitted after Ronnie Earle refused to put on evidence.


SOME TRIVIAL FACTS

 My loyal readers do not need to be spoon fed the meaning of the obvious.  I will never forget that first day of evidence class.  My instructor said you do not need an expert to tell you someone's arm is broken if the bone is sticking out.  This is how I try and treat my readers.  I assume they do not need to be spoon fed the meaning of certain things.

An intelligent person knows this headline means I am saying DA Saenz messed up.  But according to Montoya it means I am defending Saenz.

"BREAKING NEWS - SAENZ, MASSO AND ZAYAS ON THE BAD END"

I also made it clear the contract even at a 5th rate law school would have gotten the student an F.   Montoya's readers need to be spoon fed this means there are serious questions as to how it was signed in the first instance.  My readers get it and can make the inference on their own.

Part of Montoya's problem is, he fails to understand the evidentiary process.  I have never bought into this notion that the president is responsible for everything everyone under him does wrong.  But I have always held the president responsible for his failure to act once he knows something has gone wrong.

It is really simple - you put out there - like I did, if Saenz fails to act, he will own this as his own.  My readers can see he has failed to act in terms of terminating the staff person responsible for this, which now allows a rational person to believe something is profoundly wrong.

Its called critical thinking and setting up the discussion for the rational inference - as opposed to coming up with endless conspiracy theories to settle scores.

Saenz owns this mess - he cannot walk away from it - and as I noted in my original post - my summary was for the readers whereas the more convoluted posted was for the DOJ.  I am certain that the right law enforcement people already have the serial numbers of all the subject 8 Liners and is tracking them.  I am certain DA Saenz is not happy with how the feds are responding to this mess up.

SO JUANITO - STOP YOUR OBSESSION WITH MELISSA AND DO THE OPEN RECORDS REQUEST ON THE LOCAL AGREEMENT AND SEE WHAT YOU LEARN

7 comments:

BobbyWC said...

I'm doing this as a post because I do not want to make the piece longer

Inference - known evidence and the Masso connection.

We know for a fact Masso is running against Saenz in 2016 - although this story may have ended that.

You can only make inferences on known evidence not on endless conspiracy theories which ignore the known evidence.

So I have two choices in deciding on my inference [1] Saenz knew his political opponent was part of this and chose to do business with him anyway; or [2] Saenz's office just royally screwed up - he saw the $100,000 and went for it without checking to see who the buyer was.

Now based on the known evidence - number 2 is the more logical inference -

Further, Saenz knew that by putting the contract out there someone was going to check on this company - again this allows me to infer he had no idea.

The more solid inferences are [1] Saenz's office failed to check out the company, and [2] and thereby had no idea Masso was tied to the company. This is based on the known evidence - not some hopeful conspiracy theory so Saenz could give Melissa a raise.

The rational inference Saenz's office made no effort to check out the company does not make him look good. It makes him look bad - the fact he signed such a horrible contract tells me he may just have signed it without reading it. Because if he read it and still signed it - he did not help himself - another rational inference.

Without documented evidence all we have is rational inferences based on known facts.

Bobby WC

Anonymous said...

If you look carefully Villalobos had a bill passed allowing for the DA's office to do as they wish with 8 liners. I stumbled upon it a few years ago. I will try to find it and forward it

Anonymous said...

If this mess has everything to do with the DA why did you slam Zeke Silva? Is this how Melissa gets her revenge on Zeke by telling you to include him to get even with Montoya? What evidence do you have that Zeke pays Montoaya? In that case it is obvious Melissa and Luis are paying you because you are doing the exact thing you are accusing Montoya and Zeke of doing. This is a simple case of the Kettle calling the Pot black. I think you have a good story with Luis Saenz Bobby. Don't lose your credibility with distractions from Melissa Zamora to give you inside information.

BobbyWC said...

Your post is beyond stupid - I specifically told my readers Zeke is not paying Montoya and they need to let it go. Can you even read?

Do you actually believe any mentally competent person is going to believe Saenz paid me to expose this mess?

But then you go on to say my story is good - well if it is good then Saenz does not like it.

Since it is very clear to me you are not very smart - if I am going to tell my readers to let the Zeke issue go, which is what I did, I am going to give my proof.

Even there I went out my way to make sure my readers know his creditors will get paid - it just may take longer.

Further since you seem to know nothing about Chapter 11 let me explain it.

Responsible business owners file Chapter 11 rather than allow the company to go under - airlines , car manufactures - etc

It is actually a responsible decision. You may not understand this but the primary beneficiaries are the employees who get to keep their jobs, and the creditors who get paid.

It also insures the company continues to pay local, state and federal taxes.

It happens - good businesses sometimes need to reorganize - and I suspect with the drop in the price of fuel he will come out of the Chapter 11 faster than he intended.

Good companies file for Chapter 11 rather than allow the employees to be left unemployed.

Chapter 11 benefits the employees, creditors, and the local tax base.

It happens - but it is what responsible businesses do to save the business and thereby their emoployees' jobs.

Bobby WC

Anonymous said...

A simple question, does anybody know where the 8 Liners are at this moment? If you do please tell us.

BobbyWC said...

Im certain the Fbi has a handle on it. It has been suggested this was a sting operation to shut down these local companies. We shall see. Without something more i am not buying it

Anonymous said...

Melissa is one of over 100 employees. What is with the obsession???? There are so many political officials and government entities in the county of greater significance. If in fact this is Zeke, what did she do for him to be on the rampage with her? Would like to know.