Monday, September 28, 2015

 
NOE GARZA LIES FOR VICTOR GARCIA, AND JUDGE MCDONALD APPEARS TO HAVE USURPED THE POWER OF ANOTHER JUDGE WHICH WILL CAUSE THE DWI CHARGES TO BE DISMISSED

Noe Garza is going to answer a State Bar complaint for lying to the court.  The DOJ and FBI are already aware of what is happening.  My request that Judge Laura Betancourt refer for prosecution Ed Cyganiewicz and DA Luis Saenz FOR NEGLECT OF DUTY was copied to the DOJ and FBI.  It was only after Ed Cyganiewicz received noticed of this did he even bother to subpoena the DPS officer to the hearing on the Motion to Adjudicate.  At the first hearing his primary witness was not even subpoenaed.
 
AT THE SECOND HEARING NOE GARZA POINT BLANK LIED TO THE COURT



See Rules of Judicial Conduct

For the lie which I am about to document, Judge Laura Betancourt has no choice but to refer Noe Garza to the State Bar for lying to the court in order to have a case wrongfully dismissed.  Mind you just a few short weeks ago Noe Garza's wife worked for DA Luis Saenz.  To remind my readers this case is the case of Saenz's nephew by marriage.

The court documents clearly show that on August 11, 2015, Judge Laura Betancourt set for hearing the Motion to Adjudicate and an arrest warrant with no bond on Victor Garcia.

 
On September 25, 2015, Noe Garza filed a motion to dismiss the Motion to Adjudicate claiming the court did not issue the above order until August 13, 2015.  Really people, does anyone believe Noe Garza could not read the date on the order - August 11, 2015?
 
 
This has been pending for months and when asked by Judge Betancourt who the magistrate judge was who set bond and what kind of bond was set, Ed Cyganiewicz said he did not know.  All of this information is in the record.  The BV has published the fact it was Alfredo Padilla and it was a $2,500 surety bond.  But Ed Cyganiewicz who is the attorney pro tem in the case knows nothing about it.  Noe Gara also claimed ignorance as to any knowledge of his client's bond.
 
If you think attorney pro tems are not corrupt, consider this case out of San Antonio wherein the disqualified DA pushed the issue of the charges being filed after the attorney pro tem dismissed the DWI charges even though the defendant had an alcohol blood level of .15, which is a Class A misdemeanor. 

BEXAR COUNTY DA ASKS DWI CASE BE REINSTATED AFTER ATTORNEY PRO TEM DISMISSES IT WITHOUT SO MUCH AS FILING CHARGES

Click for Story

JUDGE MCDONALD APPOINTS ED CYAGIEWICZ AS ATTORNEY PRO TEM OVER NEW DWI

I can find no legal authority for Judge McDonald's appointment of Ed Cyagniewicz, and as of this moment no DWI charge has been filed according to the public online system.

 
 
Under the plain language of the code and case law only the trial court assigned the case can assign an attorney pro tem.  The case has not been assigned to Judge McDonald.  The claim by Ed Cyganiewicz is Judge McDonald has authority to assign an attorney pro tem as the administrative judge over county court criminal cases.  Nothing in the plain language of the code provides for this - nothing.

THE DPS OFFICER'S TESTIMONY

The offense report will show Victor Garcia had a blood alcohol level of .15, which is a Class A misdemeanor.  Judge Betancourt said on the record if this were the case she would order a device installed on Victor Garcia's car to prevent him from driving after drinking.  The DPS office will also testified that an ambulance was called to take to the hospital the person or persons who were in the other car.  Qualifier - it is not unusual for someone to be taken to the ER with a finding of no injuries.  The fact they were taken by ambulance does not infer injuries.

DA SAENZ DID NOT DO HIS JOB - WHICH HAD HE THEN JUDGE BETANCOURT UNDERTHE LOCAL RULES WOULD HAVE APPOINTED A NEW ATTORNEY PRO TEM

Texas Rule of Criminal Procedure "Art. 2.05. WHEN COMPLAINT IS MADE.  If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction;"

With a blood alcohol level of .15 there is no question as to the sufficiency of the evidence to charge Victor Garcia with DWI.  DA Saenz to protect his nephew by marriage refused to do his job.  He simply had to file the Information with the county clerk and under the local rules it would have been sent to Judge Betancourt because she is already handling the other matter.

But they could not chance Judge Betancourt would appoint Ed Cyganiewicz so they ran to judge McDonald to appoint Ed Cyganiewicz when the plain language of the statute puts the power of appointment solely in the hands of the trial judge assigned the case.

Law on Local Administrative Judge

Nothing allows Judge Art McDonald as the local administrative judge to by pass the law and make the appointment of attorney pro tem.

The only way this appointment may be enforceable is if Judge McDonald was directed to do so by the Chief Justice or regional presiding judge.  I can find nothing to support this. But I have made calls and continue to review this issue.

(11) perform other duties as may be directed by the chief justice or a regional presiding judge. - See more at: http://codes.lp.findlaw.com/txstatutes/GV/2/F/74/D/74.092#sthash.5WjvJhBo.dpuf

The matter is being put before Texas Supreme Court Chief Justice Nathan Hecht who is the acting regional administrative judge.  His office will decide if Judge McDonald was authorized to appoint Ed Cyganiewicz.  The second I get an answer I will post it.  The question remains open until I get an answer from the Chief Justice.



1 comment:

Anonymous said...

Facts are - the documents show that the probation was one day short of fruitation. August 14,2014 to August 13,2015. That's one day short of completion of his 12 months on probation. The question is was this intentionally, purposely, knowingly, maliciously done to cover-up wrongdoing?