Thursday, February 12, 2015

 
 
HOW ARTURO NELSON AND DA LUIS SAENZ SCREWED BROWNSVILLE ON LINCOLN PARK
 
 
By becoming a plaintiff in the case, Luis Saenz conflicted himself out from prosecuting Rose Gowen.  It was a con.  Remember it was Luis Saenz in the Hector Negrete case who approved the dismissal of felony charges on a claim of double jeopardy even though we were dealing with two different criminal acts and two different victims.  Where was Arturo Nelson?, he went along with it leaving the victim with no compensation, and DA Saenz with a $500 donation just a couple of days later from Louis Sorola, Negrete's lawyer.

ARTURO NELSON VIOLATED THE DUE PROCESS RIGHTS OF THE PLAINTIFFS

Every lawyer and judge knows Due Process at a minimum means "notice and opportunity to respond."
  
 
01/13/2015  Plea to the Jurisdiction

The live pleading - Plea to the Jurisdiction, which formed the basis of Arturo Nelson dismissing the COB and UT from the lawsuit was filed on January 13, 2015.

01/16/2015  Order (Judicial Officer: Nelson, Arturo Cisneros )
Order Granting Defendants Plea To The Jurisdiction

Just three days later Arturo Nelson granted the dismissal of the COB and UT.  Texas law allows a party to file a plea to the jurisdiction and have the court grant it at the same time with not Due Process requirements. 

It does not matter that the appellate courts have found this is acceptable.  The Supreme Court governors all questions of Due Process.

"The due process concerns posed by an outright dismissal are plainly greater than those presented by assessing counsel fees against lawyers"

Roadway Express, Inc. v. Piper, 447 U.S. 752,  footnote 14 (1980).  Click

While I believe Michael Cowen poured his heart into this case, it was fixed from day one with Saenz intentionally conflicting himself out for purposes of prosecuting Rose Gowern, and Arturo Nelson showing an extraordinary contempt for the law and more importantly the constitution.

Do not forget after dismissing the COB and UT from the lawsuit, Arturo Nelson found the law required he recuse himself from the lawsuit - so he first corrupts the process, ignores the constitution, and then finds he cannot hear the case.

LINCOLN PARK IS LOST

Tony Martinez as of this hour has no opponent. He will continue to control the At Large Seat. So unless Portillo flips on Tony, Lincoln Park is gone.

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