Thursday, April 30, 2015

 
EARLY VOTING HOLDING STEADY
 
I know the numbers are low, but the fact today was the best day so fast for the library and the second best day for the Brownsville Community Health Center is a good thing. We are at 2793 early votes.  We should hit the 2011 level.  Today we had 699 early votes


Yes on balance the numbers are dismal given the number of registered voters in Brownsville.

But the good news is, there has been very little drama at the polling places.  Remi Garza seems to get on top of things before they become a problem.  Look the numbers are going to be about the same as 2011, without all of the endless drama and nonsense.  I will take what we can get.

And again, thanks to our Interim Elections Administrator, Remi Garza for getting the numbers out.
 
IT TONY MARTINEZ FEELING THE HEAT?

The picture is from Tony's FB page with the following note: 


'I want to thank all the lovely folks at Lupita's Adult Day Care for inviting me over to chat about the future of Brownsville. As we finish day 3 of early voting it is important that we exercise our civic duty and get out to the polls! - Tony"


Of note is behind/next to Tony to the right is politiquero Desi Serrata.  He is known to work the Southmost area and was a paid politiquero for convicted judge Abel Limas.  I want to be clear about something - a politiquero is someone who works campaigns.  Some are 100% on the up and up.  They know their area and have the contacts the politicians want access to. In this form they are basically a paid consultant and it is perfectly legal.

But the interesting point is, the fact Tony Martinez has been reduced to asking for a handful of votes from people at adult day care centers tells us he is feeling the heat.  But guys, it would not shock me if he takes it without a run-off. 

This election is very unpredictable

ROBERT URESTI

Guys, I know he is a long shot - but you have to vote for him.  If we can get him into the run-offs maybe then the money will be donated needed to allow him to take the win.  The first step is, we need him in the run-offs.

Wednesday, April 29, 2015

 
WEDNESDAY'S NUMBERS ARE UP

Good job to the candidates in getting more people to turn out.  Today we had an increase to 703 early voters.  Yes still dismal, but at least an increase from yesterday.  UTB climbed again.  The Health Center was lower than yesterday, but still higher than Monday. 

To date there are 2094 early votes. With 5 more days to go we should at least reach the 2011 number of early voters. of 5,962.

To Remi Garza, the Inrterim Elections Administrator - great job in getting us he information on a timely basis.  Thanks

 
WHAT IS HAPPENING IN COURT

UPDATE:  Before lunch I called the court to learn if the McHale hearing was moving forward. The online docket sheet shows he has yet to be served.  They know where he works so I highly doubt he is running from service.  Anyway, when they called the case the clerk tells Justice Hinojosa that McHale had not yet been served. 

The following is noted on the electronic docket sheet:

"
Journal Entry
T/C from Petitioner requesting to pass hearing for today. HON F HINOJOSA/krb"
 
ORIGINAL POST
 
According to Judge Olvera's court Jerry McHale's contempt is going forward at 1:30 p.m.  The order is unconstitutional prior restraint, vague, and over broad.  The motion is not properly filed under the rule and misquotes the subject order.  Jerry will win on enforcement of the order - we shall see what the judge does.  In family law cases judges have other powers - the end result is any one's guess.  But Bottom line, the gag order is unenforceable for contempt purposes.

ERASMO CASTRO SUES HOST OF NOMORECHEEZMEH
 
It is a discovery lawsuit to learn the name of the person or person's who own the page.  Domain Proxy has yet to file an answer.  The actual owner can intervene as a John or Jane Doe and possibly stop it if the requirements of a discovery lawsuit have not been made.
 
 
Party Information
Attorneys
DefendantDomians by Proxy LLC
  Scottsdale, AZ 85260
 
PlaintiffCASTRO, ERASMOANGELA P NIX
  Retained
9565480521(W)
  Brownsville, TX 78520
Events & Orders of the Court
 
 
 
SUPREME COURT RULES IN FAVOR OF BANNING JUDGES FROM SOLICITING MONEY FOR JUDICIAL COMPAIGNS

I have been waiting on this opinion for a variety of reasons.  Click for Opinion.  In a very, very, narrow ruling Chief Justice Roberts writing for the majority held, the state has a compelling state interest in baring judges from soliciting money for their campaigns based on an appearance issue.  Justice must not only be just, it must have the appearance of justice.

The ruling could have far reaching implications in state judicial elections.  I would hope, someone in our legislature would introduce a new law, may be too late, which also bans Texas judges from soliciting donations for their campaign.

In some ways the opinion was unexpected because in the last major decision the Court made a big deal about saying if the states are going to make judges run for office then they are going to have to raise money.  But I guess now the money will have to be raised by PAC's. 

If nothing else read Justice Roberts first paragraph.  It is a good summary.  It is not all legalese.  It is an easy read for the average Joe.

But for those watching the marriage equality case Justice Roberts discussion about being locked into old ways as not serving justice is very interesting.
 
FOR ALL PRACTICAL PURPOSES THE ELECTION IS BEHIND US
 
I learned an interesting thing yesterday.  At least two candidates are looking at the list of voters on a nightly basis to count those who they know for sure would have voted for them.  They are also looking at the areas to determine if there is higher voter turnout where they have people still going door to door.  It is an interesting gage - do not know if it will really predict anything, but nonetheless it is interesting
 
CALLING THE ELECTION
 
Short of a miracle Tony will still have his majority.  Because I am not one of the moronic anony's who love to post to the BV they have basically interviewed all 200,000 people in Brownsville and know how they voted or who they like or dislike, I cannot tell you the mood of the city.  I can tell you the majority of people I know refused to vote.  No matter how much you get them to agree Tony and his team of candidates need to be stopped, they refuse to vote because they do not see anyone on the ballot who can lead.
 
Robert Uresti may get a bump from the blogosphere endorsements - but without a miracle he will not make the run-offs.  The people with money who say Tony has to go were unwilling to help him.  So that is that.  The run-off will be between Cesar de Leon and Gerardo Martinez.  Mind you I am still pushing that you vote for Uresti - it is worth the gamble.
 
We will have a choice between Cesar who is owned by Galonsky and Martinez who is owned by donors way outside of Brownsville.  The run-off will come down to money.  I suspect Tony and Galonsky will flood Cesar's campaign with money. So in the end Cesar will be there to back Tony, Galonsky and Ben Neece. 
 
We need to start planning how we can run interference on Tony's plays.  This is our next defense and it is time we start to plan for it.
 
Every campaign the Herald and other bloggers run the campaign finance reports.  Only the BV ran the reports.  It seems the Herald and other bloggers do not want people to know the truth about the money behind the different candidates.
 
On the mayor's race it is any one's guess.  The blind Latina vote may put Brenda in the run-off.  I doubt it, but who knows. We just do not know.  Pat Ahumada's ads have been effective in hurting Tony, but that does not mean it will translate into votes for Pat.  It could simply mean more votes for the other candidates.
 
The Rick Longoria Michael Gonzalez run-off will come down to money. If Rick can educate the people that Gonzalez is a Galonsky boy and the millions Galonsky has cost the city, he will win.  But if money becomes a problem - Rick could easily lose.
 
As to Jessica and Sergio I do not know.  I know of several pockets around her district where Jessica is very popular.  Sergio is not really known so he has to start from square one.  This appears to be a door to door battle.  Both sides have hired people to make calls  for them.
 
FUNNY ON THAT ONE - Tony Martinez hired someone to call people with Spanish surnames and push them to vote for Tony.  Several people have told me that the callers do not speak English and since they do not speak Spanish they took offense at the calls.
 
THE NEW ISSUES
 
The community needs to start the discussion on the hospital taxing district.  If the majority want to stop it, now is the time to start the discussion.
 
THE AIRPORT
 
"McAllen’s airport captured 49 percent of passengers as of September, the most recent months with figures available. Harlingen’s Valley International Airport accounted for 39 percent of the region’s airline passengers and Brownsville’s airport accounted for 12 percent."

The Monitor December 11, 2014

Some time ago I did an article dating back to 2003, with Larry Brown of the airport telling us any day now they will begin the run-way expansion.  On this issue Larry Browns has zero credibility.  I looked at the airport expansion plan and as to meaningful time tables - none.

We were told SpaceX would mean a 12,000 ft runway, but I can find nothing other than promises that this will happen.  In 2003, the city commission voted to buy the land for the expansion - and then nothing happened.  Again the commission has voted to buy the land for the expansion.  But there are no details.

I can find nothing to indicate Brownsville is moving forward at the federal level on the runway.

The only thing which makes SpaceX palatable is a new 12,000 runway.  Given the fact we have been mislead for 12 years on this issue, I am not holding my breath.

We are the largest city in the LRGV, and our airport compared to the airports in the smaller cities is a mere spec on the map.  This took extreme mismanagement.

On the airport I will not believe anything until I see it completed - we have been lied to and played too many times.

EXTRATERRITORIAL JURISDICTION

Like I have said - I can write on both sides of this issue.  But the one thing I know for sure is, this cannot be solved at the legislative level, or the courts - which is what the Lucios have been trying to do for their clients to the detriment of not only Brownsville but all of Cameron county.  This is why they are running Sergio Zarate - they now hope to get their clients what they want by getting the city commission to just surrender.  Robert Sanchez also popular with the Lucios has come out in favor of Brownsville just surrendering all the tax revenues currently collected to other cities.

We need real leadership at the county level to bring the various parties together for a viable mediated settlement.  Why?  Because if it is forced through dirty politics it will make turning Cameron county into a metroplex more difficult. We need a county leadership which works with the cities to work for the betterment of the county.  Yes, Brownsville will have to give up some of the land - but it has to be done through a mediated settlement lead by County Judge Sepulveda.

LNG DEVELOPMENT AT THE PORT

This is the project wherein natural gas will be liquefied for exporting.  Environmental issues are always impossible.  In today's world Hoover dam would not be built and the western United States would not be what it is today.  California would be completely different.  But I do not doubt Hoover dam caused major environmental damage to include the lose of hundreds of animal and plant species.

So where is the balance?  If I had my way, commercial fishing in the gulf would be banned until we return to aquatic life levels which existed in the 70's.  We all know I have no chance of that happening.  I would ban all new drilling.  We all know that will not happen.  The dead zone in the gulf continues to grow.  It is becoming nearly impossible to get gulf shrimp on SPI. 

Corporate American in the name of oil and gas is determined to kill the gulf and the people will allow it to happen.

I get it - LNG means jobs and more economic development.  It is what every candidate is promising..  But the science tells me LNG will mean an increase in acid rain which will impact the farmers, wildlife sanctuaries, and the gulf.   I am still doing the research.  I intend to get very educated on the issue.  But at what point do we say - enough is enough.

Would not recruiting a small ship builder to the port also mean jobs, without sacrificing our environment?  Boats for use in the gulf are unique because of so many shallow areas.  With robotics manufacturing this is a real possibility.  But for some reason those who run the port prefer polluters as clientele to other options 

EVEN IF TONY REMAINS IN CONTROL, IT DOES NOT MEAN WE MUST REMAIN SILENT

These are just some of the issues we need to start thinking about.  Now go vote your conscience.  As a blogophere reader you have already made up your mind - there is nothing left for the blogs to do on the election.  This election is now being fought door to door, phone call to phone call.

Tuesday, April 28, 2015

 
OVERALL NUMBERS DOWN BUT SOME POLLING PLACES WERE UP
 
Today 665 people voted early.  The numbers were up at UTB and the Health Center, but down everywhere else.  In 2011,  there were 5,962 early votes.  It is any one's guess if we will hit that number this time around.  People just are not interested in the election. 

The good news is, in spite of itself Brownsville will continue to grow, regardless of who wins.

 The next two big issues we will face is the hospital taxing district, which I oppose, and the LNG development.  The gulf is nearly dead as it is. The dead zone gets bigger and bigger every year.  It has become a challenge to get gulf shrimp even on SPI.  Everyone knows I am pro business.  I take a lot of hits over my support for Tenaska.  But on the LNG issue - when do we stop and think about the gulf -after it is a 100% dead zone?  My mind is still open to the issue, but it is going to take a lot of selling by the federal government to get me to support anything which could cause even more damage to the gulf.  Personally I would shut down all commercial fishing until the gulf is restored and end all new drilling. 

THE HERALD ACTUALLY DID A VERY GOOD JOB IN STARTING A DISCUSSION ON LNG DEVELOPMENT

LNG development can lead to acid rain and damage to a major industry in the LRGV.  We need to know how an increase in acid rain will impact our crops.  You do not destroy one industry to develop another.  The Herald article was actually very balanced and provided me the information I needed to make the acid rain connection..

I will stay on top of this.  I really need to educate myself on the science of it all so I can do a more informative post.  But I have dealt with acid rain before.  It was a major international issue between the US and Canada over 20 years ago.  The Port of Brownsville is a perfect laboratory for the development of acid rain if LNG plants are built.

Our farmers need to get educated.  They could be the key to changing the direction on LNG development at the port.

Guys, the gulf is dying.  It should be declared a national disaster area - but the oil industry has too much power to allow for that. If we do not begin to stand up for the gulf now, it will be dead in our lifetime.  We really do not want to add acid rain to the gulf.


 
PAT AHUMADA'S MAILER

My position on this election remains the same - we must take down Tony.  This has been my position and it has not changed.  I am getting an earful from so many people as to why they will absolutely not vote this time around.  They represent a third group I have alluded to.

Under normal circumstances, if taking down Tony were not so important, I would shred to pieces this mailer by Pat - the mailer in part is why so many people are saying no - "there are no qualified candidates running for any position so I am not voting."
Well my dear friends in this election this is all the more reason you need to vote Pat, Jessica, Rick, and Uresti.  If we take down Tony and his candidates, it will send a message to prospective candidates for the 2016 races, that new faces can emerge and beat the establishment and machines. 

This is what everyone wants.

Yes our choices are horrible.  But the victory is in taking down Tony and empowering better people to run in 2016.  If we can show we the people can take down a millionaire with the backing of the establishment, we are in fact sending a message to our community - we are looking for new and better faces for 2016 - and that my friends will be our big win come election night.

BUT I RESPECT THOSE OF YOU WHO HAVE DECIDED THE CHOICES JUST DO NOT JUSTIFY YOU VOTING

YOU CANNOT BE FOOLED BY LIES BOUGHT WITH BEER

Cesar de Leon and Michael Gonzales are not merely Ben Neeces boys, they are funded by Abraham Galonsky.  Juanto has demanded you not vote for Jessica and Rick because they voted for projects which benefitted Galonsky - then Juanito for beer money demands you vote for the candidates funded by Abraham Galonsky.

Can you be that stupid?

If you believe Tony Martinez and Abraham Galonsky have served Brownsville well, then by all means vote for their ticket which includes Cesar de Leon and Michael Gonzalez.  I proved this with the campaign finance reports.

But if you believe that Tony Martinez and Abraham Galonsky have raped Brownsville then whether you like the other candidates or not you must vote for them - because if you do not then you are voting for Tony Martinez and Abraham Galonsky's continued raping of Brownsville.

Like I said in a previous post - I am not even trying to debate people on Jessica, Rick, Pat or Uresti.  the election is not about them.  It is about stopping Tony Martinez and Abraham Galonsky. 

The choice is yours.  But also and in my mind, if Tony loses or at least made a lame duck mayor, it will empower better people to run in 2016, and that will make all of us winners.

As to the voters who read the blogs- I am certain 95% of you have already decided.  That is fine - get out there and vote your conscience.

It is possible a few mailers over the next few days will solidify the votes for certain candidates.  The election will be close in some cases - so every vote counts.

I am disappointed people with money did not come to the aide of Roberto Uresti.  But the blogosphere for the most part is with him so maybe the blogs will be enough to get him into the run-offs.  The At Large seat will in all likelihood remain Tony's.  If Debbie Portillo flips, the At Large seat win by Tony could become meaningless.  I think she is waiting to see which way the winds blow.

THIS ELECTION IS SO SIMPLE

It is not about the individual candidates - it is about stopping or keeping Tony.

If you want to stop Tony vote, Pat, Jessica, Rick and Uresti.

If you want to keep Tony, vote Tony, Cesar de Leon, Sergio Zarate, an Michael Gonzalez.

I will respect your choice - but the decision making process at this time is simple - it is time you decide and go vote.

But remember this - if we take down Tony, we have a better chance at a better group of candidates come 2016 for the county wide elections.

Monday, April 27, 2015


 
EARLY VOTING WHILE LIGHT SEEMS BETTER THAN 2013

Today, 726 people voted in the Brownsville City election.  The numbers for Districts 1 and 2, are probably each under 300.  In 2013, after three days 818 people voted early.  So it would appear 2015, might be a bit better in terms of turn out, but still low considering the city's population.

EDITOR'S NOTE:  The elections office lists 735 names of people who voted.  Why the discrepancy between the two pages on their web page I do not know.  Maybe some are provisional ballots and they are not officially counted until they go through the process.

I voted at 3:45 at the central library.  It was empty going in and empty going out.  I was pleased to see very few people waiving signs for the candidates.  For me it is insulting, and creates a safety issue when you pull into the library parking lot.

This election is any one's guess.

 
BEN NEECE BREAKING THE RULES OVER AND OVER AGAIN FOR DRUNK JUANITO WITHOUT ANY CONCERN FOR PUBLIC SAFETY
 
I have a lot of documents.  Be patient.  But in short order I will post excerpts from two which show how being Ben Neece's mouth piece means time served with less than 24 hours in jail will get you out of over $500 in fines, and one DWI and Public Intoxication after another.
 
This story took weeks to develop.  The police department fought me.  Then the city fought me.  It was only Friday afternoon that the city finally released the documents I paid for  two weeks earlier.  Ben Neece as the supervisor over the Chief Administrator immediately ran to Juanito to post a story to discredit me before I post this story.  Juanito being pathetic goes on to say I will post his mug shot today in response.  No, the story was already done.  It was just Juanito trying to create a distraction.  No one bought and Ben Neece ended up looking stupid.  Further by going to Juanito to create the distraction he gave me just that much more for the Commission on Judicial Conduct.
 
Give me a few minutes and the first few documents will be up.
 
During the period the Commission was investigating Ben Neece for his special relationship with Juan Montoya, Ben Neece continued to do special favors for Juanito.  Ben Neece was sanctioned for his conduct.  The new complaint will allow the Commission to compare Ben Neece's previous written responses to the Commission with the evidence that while he was under investigation he continued to confer special privileges on Juanito.
 
The Sanction from the Texas Commission on Judicial Conduct.
 
Here we go -

"Based on numerous entries on a Facebook page, it was apparent to the public that the judge was

actively involved as an organizer of a charitable fundraiser in violation of Canon 4C(2) of the

Texas Code of Judicial Conduct. The judge was aware that his name and judicial title were being

used to promote the fundraiser, to sell tickets, and to solicit funds, yet he took no affirmative

steps to correct that impression. The judge's active participation in the fundraiser also conveyed

the impression that the parent of the recipients of the charitable funds was in a special position to influence the judge and raised questions about the judge's impartiality [Violation of 2B and 4C(2) of the Texas Code of Judicial Conduct.] Private Warning and Order of Additional

Education of a Municipal Court Judge. (08/23/ 12)

47 - see bottom of page

Updated

September 13, 2012"

 See Page 47 (click here)  of Private Reprimands

In considering the following, note this is what the Commission on Judicial Conduct said about Ben Neece's relationship with Montoya.

The judge's active participation in the fundraiser also conveyed

the impression that the parent of the recipients of the charitable funds was in a special position to influence the judge and raised questions about the judge's impartiality

The Commission made the finding on September 13, 2012

It is also important to note I filed my complaint with the Commission on Judicial Conduct on January 20, 2011.   If Ben Neece lied in communications to the Commission on Judicial Conduct he could actually be indicted for criminal conduct.


 
What the two excerpts show is that Juanito was arrested per a capias for failing to pay fines for previous guilty pleas.  Per the capias he was arrested on May 7, 2013.  There were two capiases.  One had a fine of $325.00 and the other $225.00.  With total fines of $550, which required Juanito be arrested to collect the money, Ben Neece less than 24 hours later gave him time served.  If you think you would get the same treatment, you are delusional.
 
Now the summary from the city will show endless special treatment by Ben Neece for Juanito during the period when the Commission on Judicial Conduct was investigating Ben Neece for his relationship with Juanito.  If Ben Neece denied the relationship in his communications, these documents will sink him.
 

 
 
THE ORIGINAL BONDS WHICH GOT BEN NEECE IN TROUBLE
 
This is how it works for people without special privileges with corrupt judges.  When you are on a bond PR or otherwise and you break the law again while on the PR bond your bond is pulled until payment is made and a non-PR bond issued for the new crime.  This is not what the following documents show Ben Neece did.  With DWI after DWI, Ben Neece failed to pull the previous PR bond he set, while giving Juanito a new PR bond for yet another DWI.  I can assure you, any non-corrupt judge would have set the bond high enough to keep Juanito in jail while imposing strict restrictions on driving to include a breatherlizer on his car before he could start it.
 
But like the Commission on Judicial Conduct said - there was an appearance of a special relationship between Ben Neece and Juanito.  This time they cannot say an appearance because what the summary from the city shows is, Ben Neece continue to act for Juanito even while  he was under investigation by the commission on judicial conduct.
 



 
In the assault case, after then ADA Star Jones dismissed the charges against Juanito, she left the DA's office and joined forces with Ben Neece to sue BISD - who was hired to be their mouth piece ?- Juanito

 
 


 
AT WHAT POINT IS CHARLIE CABLER GOING TO DO HIS JOB AND END THIS?
 
Are you tired of this nonsense yet?  Juanito under pay from the bonding companies is attacking the county indigent program for discounted bonds.  At least the people getting discounted bonds from the county are paying something whereas Ben Neece insures Juanito always walks on PR bonds with no payment.  And when he skips - he gets timed served for over $500 in fines - time served about 24 hours.  According to the police this not how the judges normally handle such a large fine- especially after the defendant skipped and had to be brought back in on a capias..  24 hours is not what you get for $550 in fines.
 
 
CHARLIE CABLER "I WILL NOT DO MY JOB WHEN IT COMES TO BEN NEECE"
 
 
Section 19. - Investigations by commission.
The commission may investigate the financial transactions of any office or department of the city government, and the acts and conduct of any official or employee. In conducting such investigation, the commission may compel the attendance of witnesses, the production of books and papers, and other evidence, and for that purpose may issue subpoenas or attachments which shall be signed by the mayor; which may be served and executed by any officer authorized by law to serve subpoenas or other process, or any peace officer of the city. If any witness shall refuse to appear or to testify to any facts within his knowledge, or to produce any papers, or books in his possession, or under his control, relating to the matter under investigation before the commission, the commission shall have the power to cause the witness to be punished for contempt, not exceeding a fine of one hundred dollars ($100.00) and three days in the city prison. No witness shall be excused from testifying, touching his knowledge of the matter under investigation in any inquiry, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry."
 
It is time an investigation is commenced.  Janie Cano needs to be interviewed and asked why on April 15, 2015, she had the summary of the information I wanted prepared, but refused to release it until  April 24, 2015, after I made it clear to the Chief Administrator who works for Ben Neece, that I was going to the FBI.
 
Why was I told on April 9, 2015, I would be given disposition sheets if I paid $7.00 which I did, and then blown off when I went back  for them on the 15th.  Later the Chief Administrator Roberto Baez told me there are no such things as a disposition sheet.  Fine - but then why did Janie Cano tell me I had to pay $7 to get the disposition sheets?  Her term not mine.
 
Why was I told if I wanted to see the original files I would have to pay $125.00.
 
Charlie Cabler must call in Roberto Baez and Janie Cano and demand to know what they told Ben Neece and when.  They both must explain the delay. Remember they both work for Ben Neece who they knew and Ben Neece knew was the target of the investigation.
 
Although the Commission can start an investigation and bring in witnesses, including Juanito, they will not.  If they do their job they will learn the truth about the special privileges and the money the city is losing. They will also learn which attorneys clients pay no fines as charges are routinely dismissed.  This is costing the city a lot of money. 
 
The corruption must end.
 
The Commission on Judicial Conduct will open another investigation.  And we can all be assured, Charlie Cabler will do nothing.  I suspect Ben Neece has corrupted the process for so many city officials and their families that everyone fears taking action.
'
I have never asked any public official to do any favors for me.  Years ago I had a ticket before Benny Ochoa.  Benny is good friends with relatives of a relative.  They offered to help.  I said - no.  I went before Benny Ochoa and paid the same fine as everyone else.
 
The most Juanito can say about people I know is, a non relative had a criminal trespass case dismissed after the State abandoned the case for years.  The law mandates dismissal after the state abandons the case.  It is called a right to a speedy trial.  I asked for no special favors.  As a citizen to the right of free speech I communicated with Saenz that his office had enforced a bogus capias against this victim of domestic abuse. 
 
She went to court on her own to try and clear up the mess upon learning her abuser's lawyer was going to try and have her arrested at the trial.  But Judge  David Gonzales even after being informed by his staff that the capias in her name was void because she was never sent a notice to appear, had her arrested anyway in front of her abuser.  DA Saenz realizing his staff messed up big time, in the interest of justice dismissed the old abandoned criminal trespass case.  This is all Juanito has.
 
And as to her abuser.  He is in jail in San Antonio looking at 15 to 60 years for another assault because Saenz basically let him walk without even consulting the victim.
 

 
THE FOOL WHO WENT FROM LISTENING TO A PORNOGRAPHER TO A DRUNK
 
One last word on how the fake Knights of Columbus member turned their charity event into a circus for his own personal gain.
 
Last night someone noted a very obvious lie Zarate made in his bought conspiracy article with the drunk over me being polite and saying hello to my city commissioner.
 
I missed the lie - but it proves an important point - if Zarate is in fact a member in good standing with the Knights of Columbus he clearly never participates in any events or even knows his fellow members.
 
I am a strong supporter of the Knights of Columbus.  Over several years of attending bingo and going to their brisket fundraisers I have gotten to know a lot of them.  I have family members who are members.  The regular volunteers are good Catholics giving of themselves all of the time to raise money for charity.  Most know me by name.
 
THE LIE WHICH MAKES ZARATE AND JUANITO LOOK STUPID
 
I have told the story many times, that it pains me that because I AM NOT A CATHOLIC I was not able to become a Jesuit Priest.  My loyalty to the Jesuit Priest Brotherhood is solid.  The key is I am not a Catholic.  You must be a Catholic to be a member of the Knights of Columbus.
 
"Wightman, who has made it a full-time campaign to go after her opponent, just happens to be a member of the Knights of Columbus."
 
You see Sergio Zarate sent the picture with payment to trash Tetreau for speaking with me.  Juanito the drunk is mad that I forced certain elected officials to start defending themselves.  For Juanito it is unacceptable for a woman to defend herself.  I have not posted one defense of any the three women I said I would no longer defend against the lies. What I did was force them to stand up for themselves and Juanito is shaking because he knows when it comes to one on one with woman there is a good chance he will be arrested for assault.  He does not like they are now defending themselves.
 
But the idea that me saying hello to my city commission means I am defending her is all Juanito and Sergio have - being civil to your city commissioner is now a crime.
 
I am certain the Lucios are besides themselves with the stupidity shown by Zarate at every turn.  But I will not call the election.  This election remains any one's guess.  I have not hidden the fact I have called on my readers to vote for Jessica, Rick, Uresti and Pat.
 
But just to set the record straight - if Sergio Zarate were an active member of the Knights of Columbus, which he is not, he would have known he was lying when he said I am a member.  I go to a lot of their events.  Sunday's event is the first time I have ever seen Sergio Zarate at any Knights of Columbus event.  He may be a member in good standing, but he is never there to volunteer.  He does not even know you must be a Catholic to be a member of the Knights of Columbus.

Sunday, April 26, 2015

 
SERGIO ZARATE'S TRAINED MONKEY TAKING JESSICA PICTURE WHILE I WAS SPEAKING WITH HER
 
I debated whether I wanted to post this.  But then I got two very insulting comments I rejected and decided to go with it.  Zarate is posting comments suggesting that when I went into the Hall everyone was nice and embracing to me because they are fake lying back stabbing people.  That the reality is when I left they started to laugh I even showed. 
 
First, Sergio Zarate may think the Knights of Columbus are like this, but I do not.  I know them better.  The regular volunteers are some of Brownsville's finest.  I will not say who but one of the women commented to me that the women are cooking for bingo this month and I should go on Monday.  I'm not getting in the middle of that one - who cooks better - the men or the women.
 
One man in the Hall dated an older sister of mine back in the early 40's, and by chance later married the cousin of my ex.  I actually had family in the Hall.  This is just Zarate being desperate and in the process insulting some of Brownsville's best and most honorable volunteers.
 
As to the trained monkey taking the picture and turning a charity event into a circus at Sergio's request - email me - we will meet for lunch.  I will show you the IRS documents, the Comptroller's documents, and the Texas Lottery Commission documents, and then you can tell me exactly how it is you have no problem supporting Sergio Zarate.
 
Also as a woman do tell me how you feel about Sergio paying a convicted drunk to post your picture who also happens to be the same convicted drunk who trashed Sergio's wife.  Does such conduct make Sergio seem more manly to you?
 
email me - and we will meet - I would love to see your face when you see the  documents and try and explain them away.
 
And not that my opinion matters - but I think it is child abuse for Dolores to take her special needs child with her door to door campaigning for Sergio.  Children are not pawns - especially God's special angles .  I personally interviewed a woman who had Dolores knock on her door.  Children - even children with no different needs should not be dragged door to door as pawns for their parent's political campaigns.
 

 
SERGIO ZARATE POLITICIZES KNIGHTS OF COLUMBUS CHARITY EVENT
 
UPDATE:  ZARATE SHOWS NO RESPECT FOR HIS WIFE
 
7 minutes after I posted this story, Juanito had the picture posted.  You see, it is dirty politics for polite people to talk with one another.  Juanito trashed Dolores Zarate as an incompetent unethical lawyer.  Now Zarate pays the very man who trashed his wife - does Sergio Zarate even comprehend integrity or loyalty to his wife - Juanito trashed her and now he pays him. 
 
This is what Juanito said about Dolores Zarate - Juanito basically called Dolores Zarate a thief with highly questionable billing practices.  It's kind of a repeat of what I am finding in DownbytheBorder.
 
But think about Sergio Zarate's desperation - after Juanito basically called his wife a thief  - he paid Juanito to trash Jessica for talking to someone she represents.  Dolores's self esteem must be very low to allow for payment to the drunk blogger who basically called her an unethical lawyer who over bills.
 
From, Juanito:
 
"The information sent us indicates that her [Dolores Zarate's] billing was at times exorbitant and that she charged lawyer's fees for mere errands. The upshot of the matter is that Zarate never found the man's relatives and it took Cornejo-Lopez writing the Argentinian Embassy to locate them. In the meantime – according to the documents – Zarate was charging questionable rates for minimal services such as:
* Feb. 13, 2006: $5,206 in ad litum fees
* March 27: $11,500 in guardian, estate fees
* 2006: In all, the court approved payments of $24,150 to her law firm that year
Whether the fees were appropriate is anyone's guess at this point, but some of the items charged to the man's estate do seem a bit extreme. For example, when acquiring a recliner and a mattress, Zarate billed the estate for these:
*  Feb. 13, 2006
– Visit to Lack's Furniture store to see furniture: $125
– Phone call to Lack's: $60"
 
I can assure you Juanito the Knights of Columbus members know where I stand in this election and I was very welcomed when I went in.  They know me.  Ruben Peña is also a member and he only shows when he wants something- kind of like Sergio Zarate -   Those who show all of the time know me and like me.  They are not stupid people - they know the members who use the organization for self serving purposes.
 
ORIGINAL POST
 
Today was one of the Knights of Columbus brisket sales.  I am a huge supporter of the Knights of Columbus.  I was warmly welcomed when I went in.  They know me from bingo.  There were hugs, kisses, hand shakes and lots of hellos. 
 
As can be expected there were a lot of candidates there.  I was raised to say hello to people I know.  Go figure.  I was not raised in some backwater barn. 
 
Jessica Tetreau is my commissioner.  I can think of three times I have met her in person - there are probably more - but I can only think of three.  I met her at her campaign kick-off, the announcement for Allegiant Air, and today - but I am sure there are more.
 
So as a polite person who is actually very social, I said hello to Commissioner Tetreau.  Sergio Zarate cannot let things be - this is a charity event for the Knights of Columbus - so what does he do? - he has one of his trained monkeys run over and take pictures of me talking with Commissioner Tetreau.  The inhumanity of it all - I do not doubt for $20.00 Juanito will post it to the Internet with a great conspiracy theory.
 
I have not hidden the fact I am voting for Jessica - so where the shock is I do not know - but they will have a conspiracy theory. Jessica decided to be light hearted about it and took a picture of Zarate's trained monkey taking pictures of us.  It was funny.
 
But it is sad this so called Catholic cannot allow dirty politics to take a days rest while at a fundraiser for the Knights of Columbus.
 
HERALD CONTINUES TO BE THE BIG LOSER
 
Today, the day before early voting starts, there are nearly no ads in the Herald.  The only ad of any substance is from Tony Martinez.  The ad is too dense though so most people will not read it.  Sanchez had his same ad with his family - no substance.  De Leon did a small ad saying jobs - yes because everyone else opposes jobs. Gerardo Martinez did an ad with a baby.  I guess his advisor is still doing 1950's political ads.  Not an ounce of substance.
 
The lack of ads and mail outs is interesting to me.
 
Personally I think mail outs to known voters gets you the best advertising.  It is something the homeowner will put down on the counter or table and eventually browse.  I am hard pressed to believe many people take the time to read a newspaper ad.  I also believe if you can do it, knocking on the doors of the known voters will do a lot more for you than any newspaper ad.
 
I could be wrong, but I have received one mailer this election cycle and it was from Tony Martinez.  Mailers which hit tomorrow will cost the candidates votes they could have received on Monday. 
 
In a way the good news is, there has been no political ad blitz. 

Saturday, April 25, 2015

 
BEN NEECE CRY ME A RIVER RUNS TO MONTOYA AFTER LEARNING OF MONDAY'S POST
 
Yes, my dear friends there will be a post on Juanito and Ben Neece come Monday.  Juanito was given a heads up by Ben Neece.  He does not like what I can prove so he runs to Juanito and says - discredit Wightman before he does his Monday post.  You are just pathetic Ben - just pathetic.
 
It took threats and even weeks, but yesterday Roberto Baez, Municipal Court Administrator, finally turned over public records in court files.  You see court files belong to the people.  But when Ben Neece learned what I discovered, I was blocked. The AG is still going to decide the issue the of $125.00 Ben Neece wants before I am allowed to see the file owned by the people. [ It will be tricky to give the AG jurisdiction, but I will find it]  But for now I have enough.  The Open Records Request process does not include the courts.  Those files are public files wherein the clerk is the custodian of record.  This came as a shock to Chief Court Administrator Roberto Baez when he said I should do an open records request as per the city attorney who also appears to have no knowledge of the law. 
 
It took weeks of fighting the police department to get their part of the files.  Then the city took my money and said to come back and the disposition sheets would be printed for me, but I would not be allowed to see the files until I paid $125.  The AG is going to have to order that before I pay it.  I went back two days after I was told the disposition sheets would be ready.  I was told Janie Cano did not have them and she would call me.  I went back yesterday and spoke with the Administrator Baez and filed a formal complaint against Janie Cano.  I was then given a summary dated 9 days ago.  That was the day I was told they were not ready and Janie Cano would call me.  I said no - I want the disposition sheets as promised.  I was not going to accept edited summaries.  I was then told to do an open records request.  Unfortunately for Brownsville neither the Custodian of Records nor our incompetent city attorney are aware the open records law does not apply to court records..  Apparently neither does Ben Neece, as the Chief Municipal Judge.
 
The below email is interesting for two reasons, one it proves I only received the documents yesterday afternoon, and two they do not know the law and are telling me I need to do an open records request even though the law does not apply to court records.
 
"
To
 
-->
Good afternoon Mr. Wightman,
 
Attached, please find the information you requested. I went to see our Assistant City Attorney and showed her your request. She stated that we complied with your request. I also attached the screen shots from our Case Management software so you can see the information is accurate. We don’t have any “dispositions sheets” as you requested. However, you can request a complete background check by submitting a new Public Information Request through our City Secretary’s Office. Hopefully this will answer your questions and satisfied your request. If you should have any questions or concerns, please feel free to contact me.
 
Respectfully,
 
Roberto Baez, MBA
Municipal Court Administrator
 

Access to Court Case Records

"Access to court case records is governed by common law, statutory law and court rules. Generally, the custodian of court case records is the Clerk of the Court. Neither the Office of the Attorney General nor the Special Committee of the Regional Presiding Judges can consider appeals from denials of access to court case records."

Why do we pay Mark Sossi?

I have what I need.   I will go with the story.  I have more.  But that is going to require the feds to get the information because the police have decided they want $30 for a particular police report.  It is on the person who has personally told me she has a special relationship with Ben Neece.  Ben knows who she is and knows I have called for a full investigation.

So here is the deal, Ben Neece is told what I forced the courts to give me, and he runs to Juanito to try and discredit me before I publish it.  On Monday you will read from Juanito "see I told you so Wightman would respond with a story about me."  But that is a lie - the story was weeks in the making with all of the documents finally turned over yesterday.  You see Juanito would have you believe that on Saturday he posts his distraction and that somehow by Monday morning I have pages and pages of documents documenting Ben Neece's corruption as a municipal judge and his ties to Juanito and others.  Oh, I am no where near done.  You only made a fool of yourself Benny by asking Juanito to post such a stupid post.

And remember this Benny Boy - I wanted to shut down - I was done - but it was your drunk buddy Juanito who brought me back.  He has done nothing but hurt you and you keep on going back for more.

TO UNDERSTAND THE PROBLEM

The clerks withholding the documents and playing games - they work for Ben Neece -

Sec. 30.00009. CLERK; OTHER PERSONNEL. (a) The governing body shall by ordinance provide for the appointment of a clerk of the municipal courts of record. The municipal clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts.
(b) The governing body may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the courts.
(c) The clerk and other court personnel perform their duties under the direction and control of the presiding judge.
(d) The governing body shall by ordinance provide for the hiring, direction, supervision, and removal of the personnel authorized in the annual budget for the clerk's office.
 
According to the Texas Comptrollers Office I can find no authorization for Ben Neece to charge $125.00 to allow me to see files which relate to his unethical conduct. Law enforcement can get them for free while asking Benny Boy why he is charging such an outrageous fee to keep me from see documents which show his corruption.
 
Because Ben Neece was the target he should have removed himself from the matter.
 
 
No one in Cameron county charges anywhere near $25.00 to pull a file.  There is nothing on the web page for Brownsville's Municipal Court concerning a fee.  You cannot just arbitrarily assign fees.  You are governed by law.  I believe the most I pay the district clerk is $10.00 if the file is in storage off-site.  Today most files are on line so there is never a fee.  I've done this all over the state and no one is charging $25.00.
 
BUT YOU MUST ADMIT - BEN NEECE GETS TO ORDER YOU TO PAY $125 TO SEE THE FILE WHICH PROVES HIS CORRUPTION IS RICH - ONLY IN BROWNSVILLE
 
And for the record, the BV is the only blog which instructed Jerry in how to get out of the alleged contempt.  I have gone so far as to call out Judge Olvera as incompetent when it comes to the First Amendment.  According to Ben Neece and Juanito this is me going after Jerry - by telling him how the order is unenforceable as unconstitutional prior restraint, vague, overbroad, not filed under the rule, and the motion itself misquoting what is in the gag order.
 
I stayed out of his little spat and took no joy in him shutting down.
 
But with Juanito when more of your own corruption with Ben Neece is about to be documented what else do you have but distractions and lies?  Nothing.  Where was Juanito in defending Jerry during the spat? - dead silent - Only the BV came to his defense by discrediting Jerry's ex wife on her bogus Motion for Contempt.
 
SERGIO ZARATE
 
Juanito trashed his wife under payment from Judge Gonzales.  I defended against the lies - cost to the Zarates - zero and they know it.  I held on the claims concerning corruption with DownbythBorder because I had no documented proof.  Once I got the proof I went with it.  It has all been documented, but because of Juanitio's hatred for Jessica Tetreau I am somehow trying to silence speech by publishing the documents.  According to Juanito everything I have published about DownbytheBorder is not important to the people.  But Jessica getting in a fight with her husband is a nuclear story.
 
I cannot wait when he comes to Cheezmeh's defense in the next week or so.  I take pride I was one of the first people blocked from his page.  The BV has never allowed for sacred cows and that is Juanito's chief complaint - "do not trust him, if he finds you are corrupt he will print it - he is no one's friend."  That is true, I publish the good the bad and the ugly - you watch if I ever discover real evidence on the Hernandez family Juanito will be at their business with his hand out, saying "pay me and I will defend you."  Everyone is on notice - the BV has no sacred cows - it is so simple but eats away at Juanito because everything he publishes is based on a check, and not a desire to expose the truth about the corruption in our government.  
 
By me doing it for free, it eats into his business.
 
CESAR DE LEON WORKING THE ADULT DAYCARE CENTERS

My position on this issue has been clear for years.  This is wrong.  People take their loved ones to these places to be cared for, not to be subjected to politicians politicking.  This will not end until an owner of one of these places is sued for endangering their guests.

I am fairly certain I know the facility.  We shall see if their van shows up at the library with residents in tow.  To the owners of these places.  These seniors are placed in your care.  They are not there for you to use as tools to help certain individuals to get elected.

I cut out the face of the woman.  She is a victim.  She does not need her face on the Internet.

Will anyone join me in denouncing this behavior?

 
WE REMAIN A VERY UNINFORMED ELECTORATE BECAUSE OF THE PRESS AND BOTH POLITICAL PARTIES
 
Editor's Note:  I know this is long and very few will read the entire thing.  I hope to start the discussion against the hospital district, while bringing to my readers attention just how misinformed we are on healthcare, taxes and indigent care.  The corporate welfare lead by the Republicans is bankrupting our country.  Now the Texas Republican lead government and the all Republican UT Board of Regents wants to extend the welfare state to the UT System by having the poorest of the poor and veterans subsidize UT's medical schools - we must say no in a very, very loud voice. 
 
On April 24, 2015, the Herald published a revealing political cartoon raising the question as to whether or not the Republicans are working to keep us an uninformed Democracy.  The man’s wife appropriately asks, “When did we have one?”  Of interest both letters to the editor proved the point.

In the first letter, a Republican seeks to blame local democrats for the proposed property tax to fund a hospital district.  A perfect example of Republicans keeping us ignorant.  As our local representatives, Democrat or Republican it is their job to introduce legislation needed by the state to push forward with the medical school. 

 But here is the deal – the medical school and the funding policies are 100% the result of the Republican controlled UT Board of Regents, and the Republican controlled legislature.   

It is not complex – the anti-tax Republicans want the poorest of the poor and veterans to subsidize a medical school which will be owned by one of the wealthiest university systems in the world.  So the first letter proves how Republicans are in fact party to keeping us ignorant, while the Democrats join the party. 

The second letter is filled with a complete misunderstanding of Obamacare.  But during the debate – the death committees scared people and the original plan went from a one payer government run system wherein you could keep your insurance or opt out for the government program to a mandate the people buy insurance from corporate American.  The Republicans such as they did with Medicare Part D were unhappy that the private sector would lose money and forced a compromise – you the people would have to buy the insurance from corporate America at a higher rate. 

Seniors over pay for their medications because the Republicans opposed the government going into the open market and purchasing medications for distribution to seniors.  The Republicans opposed the open market process to bring down prices. It meant corporate American would earn less.  It also meant seniors would have to buy their medications individually on the open market, instead of through the power of the government being able to bid down the prices.

Obamacare does not require everyone buy insurance. This was another lie which people were all too willing to buy into.  Using the free HR Block program I do taxes for free for a lot of people.  In not one case has anyone I have helped had to pay a penalty for no health insurance.  The claim was one big lie.  When you do your taxes if you fall below a certain income level you do not have to have health insurance. 

A couple of weeks ago – a family member who lives in Houston complained to me that his sister had to buy health insurance for her and her kids because of Obamacare.  It now means they have less to spend on things obviously more important than health insurance for her children.  You see she was using for free the Harris County Hospital District system, while property owners were paying  .17 cents for every $100 of assessed value on a person’s real property, to fund the district.  This is done in major cities all over Texas.  In NY for example they fund the public care by taxing your health insurance. 

During the Obamacare debate people did not want to know the truth.  They demanded the lie that Obamacare meant they would have to pay for the poor, when in fact through property taxes in Texas or taxes on their health insurance in other states they were already paying for the healthcare for the poor. 

I want to be clear – I will work day and night to oppose the hospital district.  The model used by the UT Board of Regents is always the same.  You get the people to vote an increase of their property taxes to be used for a teaching hospital under the guise it if for the poor.  The VA then agrees to come in and join forces with the hospital district to create a joint teaching hospital with the new local hospital district and the UT medical school.

Money which everyone believes is supposed to go to veterans, goes to subsidize the UT Medical School while veterans are then denied care by experienced practitioners in favor of doctors in training.  As a veteran who has experienced VA hospital care and the Clinic as it currently exists in Harlingen, I will take the clinic any day over a VA hospital.   

While problems exist in Harlingen – mostly at the administrative level, it is the best healthcare in south Texas period.  In one week my VA eye doctor went from determining I needed emergency outside neurological care, to getting the paperwork done for me to see my outside VA approved neurologist, to a highly specialized MRI of the brain, to seeing the surgeon who will make the final decision as to surgery in late May.  At every level my care was the best.   I can assure you with doctors in training I would have been dismissed – which is in fact what happened for years in Dallas and San Antonio.  The problem is not new, it has just reached the point I am losing my vision and the pressure on the optic nerve has increased significantly.   The delay in the possible shunting is rational, but not right for this letter.   

The deal is simple – the Republicans say they are anti-tax but are in fact leading the battle in healthcare to increase the cost of healthcare for everyone while the drug companies, and insurance companies’ profits go up.  It was the Republicans who forced us to buy private insurance without the benefit of group discounts through a one payer system run by the government.  It was the Republicans who opposed allowing seniors to buy drugs from the government at a discount and forced seniors to continue to buy prescription drugs without the benefit of the government using market mechanisms to drive the prices down.

 It is now the Republicans on the UT Board of Regents and who control Texas government wanting us to agree to a hospital taxing district to subsidize the UT medical school.  It will also mean using money for veterans to subsidize the medical school. 

While I agree with the authors of these two letters in opposing the hospital district, my opposition is based in reality and not the lies these authors bought into during the Obamacare debate.  Had Obamacare gotten the one payer system everyone would be covered and we would have no need for a taxpayer funded hospital district.  And has anyone asked where they intend to build this hospital and how they intend to transport the poorest of the poor to this hospital?  It is a con, to subsidize a UT medical school.  

A last note on veterans – the Harlingen VA Clinic is getting better every day at the administrative level.  Some problems are a nightmare.   The primary care doctors are highly experienced clinicians giving of themselves every day.  The online system for communicating with our doctors is highly efficient.  I renew my medications. I can printout my lab work for my endocrinologist before I see him next week.  I can send my doctor a note saying I am having a certain problem.  Very often without an appointment the problem is fixed.  They have had a hard time hiring specialists.  A few are bottom of the barrel.  But most are top of the line.  The new surgery wing is amazing.  The surgeons and support staff are the best.  You will not find better anywhere in South Texas.  I have had cataract and major sinus surgery as part of the day surgeries available.   I have also undergone several pain management procedures.  There is no better care in south Texas.

 I mention this because this is the model which should be followed.  There is room for improvement.  But the mix between VA care and private care is working.  The VA does have to do better job in working with the local hospitals for emergency care.  There still remains a lot of confusion on this issue, and fraud is a problem.

If you want to fix the system while decreasing the cost to the taxpayers, Medicare, Medicaid, and indigent care patients need to be offered the same type clinic as Veterans.  Medicare Part D has to be changed to allow the government to bid in the open market [it’s called capitalism Mr. Republican] for cheaper drugs.  Seniors who are veterans are using Medicare for their healthcare and then taking their prescriptions to the VA to save money.  The VA buys on the open market at a discount.  This process is backing up the VA doctors who have to approve the prescriptions of the non-VA doctors.  We end the problem by simply opening up Medicare pharmacies which provide the prescriptions at the same price as the VA.  This would have a major positive impact on the quality of care at the VA.

 But here is the deal.  The insurance companies and drug companies have the politicians in their back pocket.  Their profits are more important than lower taxes and a higher quality of medical care for the people.  So yes, Ms. Wife your question in the cartoon is spot on – “When did we have one?” – one meaning an informed Democracy.

The hospital district is nothing more than a demand the people subsidize one of the wealthiest university systems in the world, even at the expense of the veterans and the poorest of the poor. 

We could have fixed this with a one payer system, but the Republicans opposed a one payer system in favor of the people having to buy insurance in the private market – and then they sued claiming their compromise was unconstitutional.  The Republicans opposed the government, such as the VA, buying prescription drugs in bulk on the open market, which is capitalism, and now the taxpayers and seniors subsidize the drug companies by paying higher prices than the market requires.

When you say no to the hospital district you are saying no to veterans and the poorest of the poor providing welfare to one of the wealthiest university systems in the world.  The Republican welfare state for corporate American has to stop now.  Finally, we cannot now allow this welfare process to extend to one of the wealthiest university systems in the world at the expense of the poorest of the poor and veterans.
 
FILING SUIT FOR MY BROTHER

Next week for my brother I am suing the VA because of the money being redirected to the medical schools from the veterans.  He is retired 25 years, U.S. Army, two tours in Vietnam.  He is bedridden and stuck in a horrible nursing home in far north east Texas.  Years ago he was given a 10% disability rating for a stroke caused by a small tumor on his brain linked to Agent Orange.  The county Veterans representative ignored every request he made for an increase in his rating.  I have every written request he made which was placed in his file at the county office, and ignored. 

FDA rules qualifies my brother for an experimental treatment to shrink the tumors which now engulf his brain.  He cannot be transported without sedation. 

 Annual MRI’s show endless strokes caused by the tumors.  The VA Lufkin facility formally opposed helping me to get him referred to Houston VA where the experimental treatment is available.  It will not cure him- It will slow the strokes and provide him mild comfort. 

 The VA has a policy which requires my brother signs endless Power of Attorneys for every separate thing I might be able to do for him.  The government has no one form POA which can be used for all agencies, such as Texas.  The federal government does not accept the Texas Statutory Power of Attorney. I have proof all were signed and filed.  For months I have been sent letters verifying I am his POA for his claim and care.  For months during every call they have asked me the verification word before they would speak with me.

My brother is in need of emergency care.  The Lukfin facility made it clear because of his 10% rating and his TRICARE insurance he will not receive services at the Lufkin facility.  This is why for months I have been working on getting his rating changed to 100%, now that the endless strokes have left him bedridden. 

When the office of the Chief Medical Officer in Houston which oversees Lufkin made clear they would not help because nothing gets to the Chief until it clears his secretary, I filed a complaint with Chief Counsel over the Houston district and the VA in Washington.  I provide all documents, including his latest MRI showing his brain covered in the tumors.  

I then get a letter that they want me to spend $9,000 to transport him round trip from East Texas to Harlingen for a physical.  His attending, his neurologists, and nursing home all verified he is 100% bedridden and cannot be moved without being sedated.  They can send him to Lufkin or Houston for the physical.  Lufkin is 40 miles away.  Houston is about 2 ½ hours away.  Houston is where he can get the experimental treatment to shrink his brain tumors.  Harlingen is 9 hours away.  I have made know I will pay for the medical transport to Houston. My interest is the experimental treatment.  I do not care about the money.  I just want him to die in peace and comfortable. 

To insure I receive the message that complaints will not be tolerated, I just received a letter stating there is no record of my brother assigning me as his POA in any capacity as his representative.  The documents I have proving otherwise mean nothing.   

My final complaint went to Chief of neurosurgery Bruce L.Ehni, M.D., listed as one of the best doctors in the nation in the field of neurological surgery, Bruce L. Ehni, M.D., chief of Neurosurgery at the Michael E. DeBakey VA Medical Center.  The complaint was blocked.  I may have gotten it through his medical school email.  I sent the key medical records.   

If he received it his secretary would have given it to a doctor in training who would have seen my brother is assigned to Lufkin.  The request would have been dumped.  That’s it – my brother will not get the experimental treatment only available through MD Anderson and VA Houston.   

I will sue next week.  I will drive the 18 hours round trip to have my brother sign again originals of all the different POA’s the VA requires for me to take care of his needs.  I will start his claim again, while I wait for the court in DC to decide if they are going to order the VA in Houston to stop their retaliation and reinstate the claim which had been pending for 7 months before they sent me the letter it was being voided as lacking the proper POA’s. It is not a question of a wrong POA – they are saying they have none on file period.  I have the proof showing receipt of each and every POA, and in particular the one which allows me to process his claim.  

The medical students and secretaries are running the system.  Do we really want this for our area?  I do not.  I can assure you – the doctors assigned to the medical schools will never control the doctors in training.   

Say no to the hospital district and to the VA funding a hospital tied to the medical school.