Thursday, September 17, 2015


Art. 2.03. NEGLECT OF DUTY.  (a)  It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer;  and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge.

(b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.

The above is from the Texas Code of Criminal Procedure

This morning via a letter directly to Judge Betancourt, I have informed her of same.  I have asked that she order a hearing to remove Ed Cyganiewicz as the attorney Pro Tem, and to bring DA Saenz before the court to explain why DPS gave his office the evidence on his nephew's DWI in July and as of this morning the on line system remains to show no DWI charges have been filed.   I also checked with the county clerk, and there has been no filing of the DWI which is from June 2015.

Before this post I also checked the county's public filing system in the Administration building - according to that computer data base, no DWI has been filed.

I have invoked my rights under 2.03(b)

Ed Cyganiewicz as the attorney pro tem has access to the evidence and by law had a duty to bring it to the attention of Judge Betancourt so that the Information (DWI Charge) could be filed.  Ed Cyganiewicz has failed to do his job because he is not an independent Attorney Pro Tem.  He has always been and always will be Saenz Boy "Attorney Pro Tem."

I formally asked that Neglect of Duty charges be brought against Saenz and Cyganiewicz.  We shall see if Judge Betancourt follows the law, or runs for cover. 

My letter with documentation has been file marked by the clerk, with a notation it is to go directly to Judge Betancourt and not the clerk.  It has been copied to the DOJ and FBI.

We are going to end the corruption one way or the other with or without the judges or with or without the State Bar. 

A license to practice law is not a license to be a criminal.  This mentality by the judges and State Bar must end.

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