Friday, September 11, 2015

 
VICTOR GARICA UPDATE AFTER THE HEARING
 
URGENT UPDATE:
 
A supervisor at DPS has informed me that upon a review of their file, the DPS officer gave Luis Saenz's office the file and criminal charge the last week of July.  This means when the Motion to Adjudicate was filed DA Saenz had the complaint necessary from the DPS officer ready to file the DWI charges.  Why has he not done this?  He is conflicted out.  It is most certainly time for the FBI to visit Saenz again on yet another obstruction of justice.  Yep, going in the mail in the morning along with all of the text messaging between me and the DPS supervisor.
 
Remember - according to the DPS supervisor Saenz was given the file the last week of July.  The Motion to Adjudicate which was not heard today because the DWI had yet to be filed was filed two weeks after DA Saenz received the information he needed to file the DWI charge on his nephew.
 
08/11/2015  State's Motion to Adjudicate Guilt (OCA)
WIth Order Setting Hearing And/Or Ordering Arrest
08/11/2015  Warrant
08/11/2015  Order Setting Hearing and/or Ordering Arrest
(signed & entered)
 
UPDATE:  As the BV noted DPS had yet to file the DWI charges so the court continued until the 25th the Motion to Adjudicate.  There is more to this story, including Victor Garcia showing contempt for the court by texting most of the time he was waiting for his case to be called.  God has his way and Victor not knowing me sat down right next to me.

More tomorrow - tired and feverish from an ear infection.  I've never seen green stuff come out of my ear before, but the Domboro anti-fungal powder mixed in water seems to be helping.

Today's court entries:

09/11/2015  Journal Entry
Atty Noe Garza retained
09/25/2015  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
(Atty Pro-Tem Ed Cyganiewicz)

I've interviewed police officers, constables, and sheriff's deputies and they all agree three months to file a simple DWI smells bad. The FBI needs to interview the DPS officer for an explanation.

At this time I do not know if the source of the delay is the DPS officer or Saenz.  I have a request into DPS to find out if they have in fact finally filed the formal charges with the DA's office.

6 comments:

Anonymous said...

Bobby, How is this justice to the man left for dead. Let's see. Noe Garza retained on 9/11/2015 coincidentally within days of Luis having a birthday bash at his ranch. Then, Noe's wife Adela works for Luis. Ed Cyganiwiz as a special prosecutor. Come one....everyone knows that's Luis's yes man prosecutor.

Anonymous said...

This so called attorney Noe Garza was also an attorney who represented two of the boys who murdered Anna Robles 13, and Rick Garcia in June 26, 1990. This was the case that allegedly involved former investigator Joe Alvarado, who committed suicide over this case. Luis Saenz went back on his word and got a coerced plead form Rogelio Cannady, then he tried him as an adult. Cannady got a life sentence while the others (Francisco Solis, John Ray Garza, Danny Kuhlke) received a lesser sentence. Yet, on Feb. 1991 Kuhlke and Garza were CONVICTED of the crime in connection with the murder crime. It's who you know and related to that runs the Cameron County so called Judicial System. Life has a way at coming back at you Saenz. My wish is that you follow the route that your followed investigator Joe Alvarado took. This is my opinion

Anonymous said...

" There is more to this story, including Victor Garcia showing contempt for the court by texting most of the time he was waiting for his case to be called."

Did the court found Victor under contempt because he was seen texting in the courtroom? If not, what are you going to do to see that he is found under contempt for texting in the courtroom?

BobbyWC said...

The bailiffs were too busy violating the constitution by ordering non-defendants out of the courtroom. I refused to leave. I know the constitution whether judge Betancourt knows it or not. I have never seen a bailiff enforce the rule - the most they will do is tell people to turn off their phones if they hear a ring, but they do not walk around checking to make sure people are not using their phones. I counted no less then 6 defendants texting during the proceedings.

It is a joke - in the U.S. courts are open to the public and the bailiffs by the constitution cannot order anyone out unless they are disrupting the court. There were plenty of seats. Until a federal judge does something about Cameron county judges' contempt for the American Right to have criminal proceedings open to the public nothing will change.

Cameron county judges are no different than the Clerk in Kentucky - violating Supreme Court orders are par for the course because there are no know local attorney who will seek enforcement in federal court of the right of the people to be present at all criminal proceedings - especially the press.

One case I saw was a domestic abuse case wherein the DA did not request one day in jail as part of the plea bargain. This is a direct violation of the Rule DA Saenz claimed he would enforce. This is why they public needs to be in the courtroom. I saw DA Saenz's lies in action and can no prove it. But the judges would have us removed so the con jobs are kept under wraps.

Until the judges take serious the issue of courtroom decorum nothing will change. I was outraged by the number of men in shorts and flip flops - that would not happen in Dallas - decorum for our judges is keeping the public out of the courtroom and not stopping the use of cell phones.

Bobby WC

Anonymous said...

Therefore, Victor was only showing contempt of the court by the use of the cellphone and nobody redirected his lack of contempt to courtroom decorum. Does it not make you angry that such behavior may be exhibited in a court of justice and all that you can do is just sit there and observe how the rules of courtroom decorum are not being followed? As per the shorts and flip flops, such exhibit is not only common in the courtroom but also being exhibit on Sunday morning in the house of God. However, the jury in this case may argue that what is worn by the individual does not matter, what matter is that the individual is there to follow and serve the lord.

BobbyWC said...

I am not going to tell any church or religion how their members should or should not dress. Their policy in my opinion tells me if they are of true faith - that is all I need to know - if a poor person can only show up to church in rags then the church should dress him/her and their children instead of banning them based on their dress.

The courts love to claim decorum for their rules but then only enforce them when it suits their needs.

In the case of Raul Salazar I did report to the bailiff that Lius Sorola, Mary Ester Garcia Sorola and Juanito were texting and they were told to stop. In that case I was reporting on Raul Salazar not the observers. In this case I am reporting on Victor Garcia so it would show a bias on my part to report him directly. I could not report some and not Victor so my hands were tied.

Besides if the bailiffs cared more about enforcing the cell phone rule than keeping the public from viewing public court proceedings which is a constitutional right and a key part of the safety of justice built within our system, then cell phone use would not be a problem.

But I can tell you some of the bailiffs in Judge Betancourt court are worthless. Some are nice and helpful - some are just plain stupid and could not care if they get the judge in trouble.

I of course would have demanded that the bailiff clear it with Judge Betancourt before I was forced out had I been asked to leave. I trust that on the issue she knows the law and would have directed her bailiff to leave me be. Judge McDonald's bailiff learned the hard way and it cost her and Judge McDonald bad press.

Constable Gomez made it clear - no court bailiff may remove any member of the press from the courtroom unless they are disrupting proceedings. Myself and the reporter for Valley Central were marched back into Judge McDonald's court against his wishes. His bailiff came charging us like a crazy person and then took her lesson in freedom and he US Constitution

Bobby WC