Saturday, April 25, 2015

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.
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.
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.


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.
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.
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.

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