Tuesday, January 26, 2016

Out of respect for my brother in law Danny Montes, I am not blogging anything political until Monday.  The funeral is on Saturday.  Most of the family will be gone by Sunday.  Many, many politicos will be at the funeral.  This was his town.  Whether Danny and I agreed on some of these politicos was meaningless.  We respected one another's opinion.  But these are his friends and I will afford them the respect he would have afforded them.  Their endless gracious words towards him are more important than politics. When they arrive at the funeral I will introduce each and every one to the family with the proper respect given to elected officials.  All personal differences at this point are meaningless. 
"To Brownsville native Danny Montes, the real heroes during those five days in April 1945 were his comrades-in-arms who didn’t make it back.
Montes, a 40mm gun captain aboard the amphibious assault vessel USS Marvin H. McIntyre, lost two of his landing craft crew to Japanese aircraft fire during the bloody chaos that marked the invasion of Okinawa.
Montes was part of the first wave of the invasion, which American forces launched on April 1, he and his crew ferrying a Marine commander from the McIntyre to the island. The trip seemed uneventful, with just a few shots fired, until Montes spotted a Japanese Zero fighter plane.
He told his gunner to take aim with the big 40mm guns, but the man hesitated, thinking it was an American plane. Montes was right, though, having trained in aircraft identification while stationed in the Aleutian Islands."

Sunday, January 24, 2016

While I am basically in a good place and happy with the events on Friday with the passing of my brother-in-law, being the family member these issues come to is hard.  I am fighting tooth and nail with Adult Protective Services to get my brother moved to a posh nursing home in Houston which he can more than afford, and under the care of the Director of Neurofibroma at MD Anderson. 
 Compounding all of this, a sister in her 80's who is in a lockdown assisted living center for dementia, called me yesterday to tell me she found a way out and was going to hitch hike across the country to Virginia to live with our grandmother who died in 1950.  I talked her down, letting her know her picture under current law will appear on cell phones all over California and signs on the highway.  But I still had a duty to call my niece to tell her so she could call the facility to keep an extra eye on her.  I do not care how much strength you have all of this in one week is more than any one person should have to deal with.
But my faith guides me, and such as my sister Caroline would do, when things seem darkest I turn to the serenity prayer for help.
Danny knew me well enough to know once he directed me to carry out his end all life support directive,  I would do it.  I do not know if I can explain it, but that trust was a gift.  At that moment I needed that gift.  I needed to be reminded who I am.
I will not hide the fact on Friday after seeing the eye surgeon at the VA [btw totally discounted all of the findings and recommendations by the non-MD eye doctor] I went over to mental health.  I was seen by a nurse who is used to help distressed veterans vent.  He kept on saying I needed to protect myself and stop being the person who handles all of these problems. 
When Danny gave me the directive my mind was on the promise.  I immediately started the process without a second thought, to end his life support.  I then had to tell his children.  I was not allowed to show emotion.  I had to be strong.  But I can tell you I was falling apart inside wanting to speak with someone who would reaffirm for me I did the right thing.  I did the right thing - that I know for sure.  I consider that honor a gift which forced me to realize who I am.
I said to this VA nurse but how do I protect myself if pulling back means not being who I am?  I make a promise and I keep it, especially in these type matters.  My brother made me promise I would take care of him once he could no longer care for himself.  But his wife wants him to die in a cesspool of a nursing home, where twice TRICARE had found they have tried to commit fraud on his estate with fraudulent billing, and had to be threatened with a lawsuit to get him taken to the ER where they found the hip fracture which lead to the surgery, and an end to his screaming out in pain 24/7.  He had fallen out of bed at least 10 times, and even after the surgery, continues to fall out of bed. Nothing is being done about it. 
I have maxed out my credit cards protecting my brother and will go into financial ruin if need be to get him to Houston and under the proper care. If I had the $100,000, for the retainer for the Houston law firm I know can end this for my brother I would write the check in a second.  I just do not have enough equity in the house and my accounts. 
So who am I?  I am a promise keeper in the face of the hardest decisions and times.  If I stop being that promise keeper, who will I be?  Not me, and that will kill me.  If you cannot be yourself who can you be?  I find it confusing people do not understand this.  Am I not just being human?  If being human has become something special then we have failed as a species.  Nothing I do is special.  I am human and keep my promises, how can that possibly be special?
Danny through his trust gave me the gift of forcing me to better understand who I am and why when I swore as a lawyer to uphold the law it meant something to me.  No one can point to one accusation wherein I have ever cheated anyone.  All of my State Bar issues related to their complaints that I am exposing the corruption.  I kept my promise there too, and will continue to keep that promise no matter how hard corrupt judges and lawyers try to silence me.  I am not alone.  I know Joshua is with me, and so long as I keep my faith I will make it.
The family is grateful to a well known hotel owner on SPI who has blocked a group of condos for the family coming in from all of the country.  Every condo has been comped.  It is my understanding two well known politicos may speak.  The particulars are still being worked out, but for sure many politicos will be there.
Visitation will be Friday Jan. 29, 2016 from 5 p.m. to 9 p.m., at Treviño funeral home on OPI Rd. Funeral Mass will be Saturday Jan. 30, 2016 at 10 a.m. at St. Luke Catholic Church
An after service venue close to St. Luke Catholic Church has been chosen which will be able to handle a lot of people.  I just need to double confirm before I send people to the wrong place.  We have time.

Friday, January 22, 2016

The above picture was presented to Daniel Montes just days before his passing by his dear friend the Honorable Mayor of Brownsville, Tony Martinez.  This is a time for blessings and gratitude for the so many gifts and praises given to my late brother in law and not politics.
Before I say a few words I want to print the words sent to me last week by one of Brownsville's few well respected politicians.
"Daniel Montes left a mark that will last for generations to come.  There was so much to love about him.  From his infectious smile and love for life, to his flare for dancing.  He made those around him happy.  In an era of technology, Danny possessed a gift for masonry that could not be replicated by any machine.  Though he was small in stature, his contributions to Brownsville will stand forever tall.  He was one of a kind."
At about 2:15 p.m. Thursday, while dealing with the issues surrounding what I hope will be the sooner than later the passing of my suffering brother, I received a phone call from my nephew that my brother-in-law Danny was requesting I speak with him in private. I had to finish what I was doing to protect my brother before I could run to the hospital.
I was taken alone by an angelic nurse by the name of Sylvia.  I'm not sure she is real because she was so angelic in caring for my brother-in-law and my family, she was more than human.  To a person we embraced her for her love and compassion.
Danny was in Valley Baptist Medical ICU.  He had a full face mask for oxygen - by full I mean covering from one end of his face to the other.  The nurse could only remove the mask for a minute.  Some 7-8 times he made me promise I would go to his kids and tell them to withdraw all life support.  He was ready to go. 
I held his hand and told him I had already addressed the issue with the kids, they were fine, and it was time to ask permission to pull the plug.  I put my hand on his chest and told him to close his eyes, and go to Caroline who had passed in 2002, because she was standing on the dance floor by herself waiting for him.  I did ask that he go by way of my brother's nursing home and take him along so he too could be with our sister and at peace.  When I turned the nurse Silvia was crying.  That made me feel bad.  She was so angelic to Danny the entire day since 6 in the morning.  She stayed with him until he passed.
The nurse contacted the doctor with Danny's wishes, and the hospice care process began.  There was some delay because of confusion as to the rights of the patient.  Danny had to repeat his wishes to Sylvia again with the hospice nurse in the room.  The paperwork and all of the approval's took several hours.  We sat, cried and laughed.
At about 11:00 p.m. a nurse came out to the waiting area and called in all of the family.  It was myself, his eldest son, two daughters, two grandsons, and a niece and her husband.  He was passing.  They gave him a medicine which calmed him and put him in a daze before removing all life support.
We each spoke with him as he lay in his daze passing.  The angel Sylvia told us he passed a lot faster than she would normally see.  She said before they pulled the life support he told the staff he was ready and happy.
As he was passing, I told Danny to please go by way of my brother's nursing home, again, and take my brother along.  He is so suffering and I pray every day that God grant him the peace he has now granted Danny.  I told him Caroline was on the dance floor waiting for him.  Each of his children were allowed to say goodbye.  The nurse declared Danny as passed at 11:11 p.m.  He was 94, soon to be 95 on March 29, 2016.
I kept my promise.  When the hospice nurse said they could not agree to his request is when the doctor was called and the hospice nurse was told to verify the request whereupon Danny's request to withdraw all life support was granted.
When Danny gave me his directive he did it with a stern voice and confidence.  He knew what he wanted and he knew I would fight for him.  His children were all on board and knew I was just a vehicle to communicate the message they all wanted the answer to but did not want to ask.
Daniel Montes was the closest man I had to a father,  Mine died when I was 5.  I have been visiting Daniel and Caroline since 1976, when I moved to Texas.
I know for sure the funeral home will be Treviño's.   The cemetery will be Buena Vista.  The church will be St. Luke's.  Family will be flying in from all over the county so I have no idea as to a time table.
If you knew Danny and you want me to pass on a confidential message to the family just email me at bobbywc58@yahoo.com.
In his passing Danny granted me a peace.  I cannot explain it without breaking the peace, but it all seems so trivial now.  Danny and I were always good, the problem was with two third parties.  They were his friends and my opinion is of no consequence.

Thursday, January 21, 2016

I do have stories I need to develop, but I am buried in work.  I'm tired.  The VA is waiting on me to deliver the request for testing to add oxygen to my bi-pap at night, and I do not even have time to take them the paperwork.  Tomorrow I see the eye surgeon and will deliver the paperwork.  But for now, I have 4 big projects I need to have done before noon tomorrow.

Here is the problem without judging the doctors.  There are only a handful of doctors in the U.S. with the clinical experience needed to treat a 94 year old soon to be 95.  There is a lot of experimentation.  Every time the primary says he is ready to be moved to rehab, the situation gets worse.  Today is a really bad day.
I think the majority of the family is ready that he is made comfortable, while ending any treatment which may lead to cure.  There is no cure for a body which is ready to stop functioning.
Toxic medications only make the liver and kidneys weaker.  Then they have to do other things to protect the liver and kidneys. I am hopeful the doctor will agree to meet with select family members to make the call. 
With the exception of possibly one person I think the family is on board that if it is the dad's wishes to be made comfortable and nothing more, that is what will happen. 
Trust me, I know my sister.  If he passes, she will meet him and then say, what took you so long?  He has said he desperately wants to be with my sister.  I think within 24 hours of stopping all treatment he will be with my sister.  He has earned his peace and it is time he be allowed to collect.

Wednesday, January 20, 2016


So I have waited months for their 18 months of no interest,  I have been wanting to install 2 Energy Efficient French doors going to the pool deck to replace 36 year old sliding glass doors.

I am given a quote of $1996.00, but that I have to go back to speak with a certain person to finalize the deal.  In the mean time the installer is sent at a fee of $35.00 to makes sure the doors can be installed.

On Monday morning the person in charge of doors and windows calls me to set up a specific time to meet with her to finalize the deal.  I get there on time and am told she went to lunch and to run some errands.  No one could tell me when she would be back.

The assistant store manager was like "our employees need their lunch breaks" - not at a time they set for an appointment with a customer.

I cancelled the deal and forced them to refund the $35.

I called corporate to complain and about three hours later the store manage calls me and says her staff has everything ready all I need to do it come in and sign it.  I told her what part of me telling corporate I had no interest in doing business with Lowes did you not understand.?

She also told me the final price would be $2,700.  When I asked why the price went up she said the City of Brownsville charges $300 per door for a permit.  Not being a total moron I called the city yesterday and it was not the first time they have received complaints about Lowes over charging for the permits.  The permit fee is $50 for both doors.  I called back to corporate and they told me that I need to understand how hard it is to hire qualified people in Brownsville.

He finally fessed up that the permit fee is $50, but that they add in $250 per door for an engineer to inspect the installation - this is over the $350 per door you pay the installer.  Texas Windstorm requires an inspection or your Windstorm insurance can be cancelled or a penalty of $250 a year is added onto your insurance.  I learned the latter from my insurance company.

I just spoke with Texas Windstorm and they told me they do not charge for the inspection and that after the door is installed to just make an appointment and they will certify the door for free.  Lowes does not tell you this.

But they also went on to tell me that I should get a ton of information about the door and send it to them because Lowes sells doors which cannot pass inspection.  I was told the door I chose is not an impact door which requires hurricane shutters be built to cover the doors.  The installer and Lowes told me nothing about this.  I would have learned it when the engineer refused to certify the door.  The installer told me after the door was installed all I had to do was paint a small piece of wood and that is it.  There was no mention that I had to either buy or build hurricane shutters.

It does not end their, Texas Windstorm based on the door specks will tell you the brand and style of lock you need on the door.  Lowes tells you nothing about this.

I cut my Lowes card in half and never, ever will return.

Guys I got a lot on my plate - I have several stories which need development.  Hopefully by tomorrow I can get back to blogging.

It is sad the State of Texas makes it so hard and expensive to add energy efficient doors and windows to you home.

Monday, January 18, 2016


There are two ways to teach about Dr. King, with his own words, or the words of those who seek to spin the story. Nothing speaks to Dr. King better, than his "I have a Dream" speech. Hence rather than tell you who Dr. King was and what he did, I invite you to listen to his speech.

He speaks so much about today's politics and is as relevant today as it was the day he gave it.

In response to my claims that Saenz's nephew is getting special consideration from Ed Cyganiwiez and Judge Laura Betancourt, Juanito was compelled to do a story falsely accusing my nephew of dismissing his lawsuit because he had no case, or fear of an insurance fraud investigation - true to form he fails to mention the case settled and my nephew was in fact paid exactly what he wanted, $3000 - see graphic below.

Not satisfied with one verifiable lie, he goes on to outright lie to protect DA Saenz's nephew, Victor Garcia [note - neither Masso nor Saenz will give Juanito the time of day which means no beer money - through several stories you find him coming to Saenz's defense in hopes Saenz will return to the fold and start funding Juanito's alcoholism again]

He posted the following:

"  Ed  Cyganiewic who filed the motion after Garcia's probationary period for the first offense (on deferred adjudication) had lapsed. Even if Betancourt wanted to, she could not rule on something that had been filed after that period. The court simply had no jurisdiction over the agreement.

The court documents tell the story and not the alcohol soaked brain of Juanito.

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?

Any fool can read Judge Betancourt's order setting hearing on the Motion to Adjudicate on August 11, 2015, which includes an order of arrest - which means capias.  Any fool can read Noe Garza's Motion wherein he said nothing was filed until the 13th of August.  Noe Garza just outright lied.
But as is always the case with Juanito he will run to defend the corruption and guilty so long as beer money is paid.
The bottom line is, Judge Betancourt does have jurisdiction to rule on the Motion to Adjudicate which is why according to the docket sheet the matter is set for February 11, 2016.
02/11/2016  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
It does not end there, since Noe Garza filed his Motion to Dismiss, look at how many times Judge Betancourt passed the Motion to Adjudicate.  In one case Ed Cyganiewicz told Judge Betancourt he dismissed the DPS officer before the case was called, but he could call the DPS officer and he would turn around and come back to testify.  All Judge Betancourt had to do to proceed was tell Cyganiewicz to call the DPS officer and the Motion would have been heard, but what Judge Betancourt has repeatedly done is pass every setting.  If Noe Garza really thought his motion to dismiss was valid he would have urged it at each of the hearings.  He did not because he knows the court documents prove the Motion was filed on the 11th, and not the 13th as alleged by Noe Garza, and that in fact the court had issued an arrest warrant.  At the first hearing with Victor Garcia in court Judge Betancourt refused to order the bailiff to arrest him according to her own arrest warrant, to only later pull the arrest warrant.
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)
08/13/2015  State's Amended MTR/MTA
08/19/2015  Notice of Appearance of Counsel
Pro-Tem for Motion to Adjudicate
09/11/2015  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
(Atty Pro-Tem Ed Cyganiewicz)
Result: Held
09/11/2015  Journal Entry
Atty Noe Garza retained
09/11/2015  Recall Capias - Court view
09/17/2015  Notice
09/17/2015  Recall Warrant
09/21/2015  Subpoena Issued-General
09/25/2015  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
(Atty Pro-Tem Ed Cyganiewicz)
Result: Held
09/25/2015  Motion
To Dismiss Based On Lack Of Jurisdiction WIth Order
10/09/2015  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
Result: Other
10/30/2015  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)
Result: Held
02/11/2016  Motion to Adjudicate  (9:00 AM) (Judicial Officer Betancourt, Laura L.)

From Juanito:

""In Kacie's case, the DWI and the  Intoxicaion Assault With a Motor Vehicle were dismissed as paret of the plea bargain agreement. She pleaded guilty to the felony charge of Accident Involving Injury or Death.

The DA's office (Special Prosecutor Cyganewicz) agreed to the dismissal of the two charges and to have Flores sentence her to five years probation and to apply deferred adjudication after that so that the offense would not show up on her record.

In her brother Victor's case, the crackerjack defense also garnered him a dismissal (also with Special Prosecutor Cyganewicz's agreement) on the Accident Involving Injury or Death felony charge and his nolo contendre guilty plea on the  Failre to Report Felony Where Severe Bodily Injury or Death Results resulted in Flores going along the agreement between the DA's Office and Stapleton and assessed him 12 months probation and 24 hours of community service. The court also went along with placing Victor with deferred adjudication so that after he served his probation, the record of the offense would be erased".

"Bernie Sanders outperforms Hillary Clinton in a hypothetical general-election matchup against Donald Trump, according to the results from the new NBC New/Wall Street Journal poll.
Sanders leads Trump by 15 points nationally over Trump, 54 percent to 39 percent, while Clinton’s advantage over Trump is 10 points, 51 percent to 41 percent."

Click for full Article

Sunday, January 17, 2016


Well the heavy wind took down nearly 40' of fence.  I knew it was going to happen which is why I already had the new posts and cement.  I just did not have the time.  I cannot dig since I cannot breath so I had to wait for my roommate's schedule to open up.  I did the light work and he did the heavy work.

I am grateful to the Mexican national who stopped to help me better tie down the three new 16' 2x4's I had to buy.  My truck is not made to carry 16' boards.

On Tuesday, we will  finish.  The cement has to finish drying.  A house is not a mortgage.  I tell people for the long run $500 a month has to be saved for household projects over the mortgage and this is over the BPUB bill.  I save every month for that roof I know I will need one day.  I will have the cash when the time comes.  The good news is, I love projects.

The house next door has been in the remodeling stage for two months and I was surprised to see how tall the lawn was.
When your legal advisor is Louis Sorola it is no wonder Juanito fails to understand a non-suit is what you do when you settle a case.  Dairyland reviewed the police report, and the written answer of Justine Poitinger along with the fact she was facing criminal charges at the time of the accident coupled with the fact the Poitinger family refused to cooperate in the investigation, and offered my nephew $3,000, and he took it.
They also reviewed Juanito's endless defamation per se against myself and my nephew along with the proof Poitinger spoke with Juanito, and decided it was better to pay than deal with Juanito and his reputation of getting people sued for defamation.  It is my understanding after Dairlyland finally sent an investigator to the Poitinger home and the investigator was told someone missing teeth claiming to be with a law firm told them to not worry about it, they thought it was over.  Dairyland is looking into barratry charges.
The moral of the story again is, go to Juanito to do your dirty work and you will pay out damages for defamation.
My nephew thanks Juanito because without his moronic baseless stories Dairyland may have actually fought the claim.

It is no secret that Castro blocks from his gossip page anyone who questions him, or calls him out on his lies.  He knows nothing about being a Democrat, but yet wants to be the Party Chair which requires he works with everyone in the Party.  But by his own words if you do not support him he will not work with you - so he will only work for those who worship him,
I am no supporter of Amber Medina.  At this point I am so tired of the Democratic Party I will be casting my vote in only a handful of races.  For those of you waiting for a politician who does not skirt the rules, do not hold your breath because you will die.
I am voting for Dan Sanchez, while recognizing he is ethically challenged.  Why?  Someone has to win, and I have interview Dan three times and each time he was very easy to approach and willing to answer questions.  He has carefully studied the Bexar county San Antonio model of success.  He has travelled to SA and met with those who made San Antonio into a success story.  I said from the beginning I want a candidate who can make Cameron county into a metroplex.  Dan Sanchez whether you like him or not is the one and only candidate who has looked at the issue and studied it.
I am also voting for Abel Gomez.  The courthouse is a political cesspool, and Abel made known to every judge he will stand with the right of the people to be in the courtroom and challenge any judge directly who tried to stop the people or the press from entering the courtroom.  It is for this reason I strongly stand with Abel Gomez.
I will vote for Bea Rosenbaum because we need change.  Sofia Benavides stands with Saenz - the same Saenz working to get elected Republican Victor Cortez as sheriff against Democrat Lucio.  This is intolerable and speaks volumes about Sofia Benavides character, or lack thereof.
I will be voting for Bernie Sanders because I cannot stomach the hostility which will come about if Hillary wins.  In November I will not vote for president because all of the Electoral Votes for Texas will go to the Republican so voting for Hillary is the same as not voting.
I will be voting for Masso for DA, but if Saenz wins the primary I will be voting for Jeremy SoRelle and I hope all of the people who have been trashing Saenz can put party politics aside and vote for the Republican instead of allowing Saenz to remain in office.
Will someone tell me how if Castro blocks everyone from his gossip page who does not worship him how they communicate with him their concerns?  His response is you may only speak to him if you attend his parties.
No - if you are seeking public office your Facebook page needs to be open to everyone.  Rick Longoria and Jessica Tetreau have done the same.  If you do not worship them and they represent your district, you are blocked from their Facebook page.  These ill mannered politicians need to grow up and face the music which comes with being an elected official.
 "I will say thought that I was surprised (cough cough, not really) that my detractors didn't take advantage of the open invitation to come and ask their questions... my guess, and I am just speculating here, is that they really care little about answers or truth, and are only there as a blessing to me to remind me to remain humble and with a spirit of gratitude towards the thousands who truly appreciate the individual... again, thank you all, be back in a bit..."
Humble is embracing your detractors - Joshua aka Jesus ran to his detractors- Castro knows nothing about Joshua other than to invoke his name to carry out his con.  Castro runs from his detractors because he has no defense.
If these so called detractors are blocked from looking at his gossip page, how were they to know they were invited to party?
I do not want to hear I support Amber Medina - I do not.  I stand on my commitment to form a new Cameron County Democratic Party with true Democrats and then Demand Austin recognize us or face down a battle with us.  There are a lot of good true Democrats in Cameron county, but they stay away so they are not tainted by the likes of Medina and Castro.

Saturday, January 16, 2016


Mexican Indio beer [ no I was not warming the beer - it was just for the picture], true U.S. American style invented hamburgers [history has some form of cooked minced meet going back over a thousand years], and German fired potatoes.  Potatoes originate in the Americas for the record.

My point here is we are a blended society in our food, language, and culture - hence a blended meal is all U.S. American.

I do love my jalapeños and avocado on my hamburgers. I prefer white cheese over yellow.  For reasons I do not know yellow cheese gives me a stomach ache.

Friday, January 15, 2016


I grow so bored with these idiots.  I am telling you Bill Clinton is secretly paying Trump so Hillary will win.  There is no other viable explanation for Trump.  Now his popularity is from a valid perspective.  He is balking the system.  People know politicians are pathological liars - generally - Trump has just trumped the politicians on the reality people already believe.  Hopefully, before November the people who find Trump refreshing will understand he is also dangerous. 

Trump's approach of no more of the same old BS is spot on.  It is how he is going about it which scares people.

Thursday, January 14, 2016


By rules written sometime I believe after the 1972 Democratic Party convention riots, during the primary process the Parties cannot endorse any candidate.  The Chairperson whether locally, statewide or nationally, must remain neutral.

I do not know if the Democrat Party still requires the candidate swore an oath of loyalty to the Party, but if it does, Saenz is way out of line having a Republican seeking to defeat Omar Lucio at one of his fundraisers. 

Also of note, why is Victor Cortez as a Republican backing Luis Saenz against Jeremy SoRelle for DA, as a Republican.

The rules do bind the hands of the Party chairs, but when a candidate openly violates a written oath, to the extent either Party still requires the oath, then it is the job of the Party Chairs, namely Amber Medina and Morgan Graham to call these candidates out by notifying their respective party members that the candidate violated the terms of the oath.  This is not the same as endorsing any one candidate.

It is simply stating a fact that the oath has been broken.

CNN is reporting the last time a hurricane developed in the Atlantic in January was 1938. 

Everything is progressing in the right direction, but the situation is still very difficult.  The family is very happy with the progress, but the family member is nowhere near out of the woods.  For now we sit back and wait as things improve on a slow path.



To understand the original story click on Valley Central.

Over the summer Victor Garcia allegedly drove drunk and blew a .3 alcohol level thereby causing an accident on the causeway to SPI.  He was arrested again.  A motion to Adjudicate on his original charge was filed.  Judge Betancourt has repeatedly passed the Motion thereby leaving Victor Garcia free to do as he pleases without accountability.  The next alleged hearing on the Motion is set for February 11, 2016.  Only in the court of a corrupt judge does someone who blows a .3 alcohol level while on probation gets to walk free before a Motion to Adjudicate is heard on a previous case, 6 months after the Motion to Adjudicate is filed with the court..  There are now multiple injury victims and this is okay with Judge Betancourt.  The court sets the hearings, so I do not want to hear this is the lawyers' fault.

What has Saenz promised our dear Laura to get her to delay the hearing on the Motion to Adjudicate for 6 months?  It is time we get that answer.

Saenz under public pressure had Robert Sanchez's original PR Bonds converted into security bonds after the alleged assault on his father-in-law.  But the difference is Robert Sanchez is not Saenz's nephew.

With an inept press unwilling to report anything but press releases written by Saenz's office, do not count on anyone in the press reporting on this continuing travesty of justice.

Laura Betancourt is no different than Abel Limas - she allowed Victor Garcia to walk out of her court with no action on the motion to adjudicate even after he and his sister nearly killed Gilbert Perez, and Victor caused a second accident.  I guess Betancourt has stock investment in body bags.

Wednesday, January 13, 2016


According to the Republicans as unemployment was reaching 10% under Bush, but now at 5%, the stock market had all but crashed, but now over 16,000, things were better under Bush.  The killing of Osama bin Laden according the Republicans made us less safe.  It was not Obama who opened the hornets nest in the Middle East - it was the Republicans and Bush. 
The local Republicans seeking office better distance themselves from these National Republicans or go from facing an uphill battle to like trying to climb Mount Everest in shorts with no equipment.


Of course the prosecution of Tony Yzaguirre is political.  When it comes to elected officials who to prosecute and who not to prosecute is always political.  BUT, just because the decision to prosecute is political. does not mean someone is not guilty.


The LRGV is a cesspool of corruption.  For decades DPS, the FBI, DOJ, Texas AG,  the Texas Rangers, and DA, all ignored and in many cases encouraged the corruption.  We are now in a very dangerous place because what is coming is more small time prosecutions, while criminals like Luis Saenz walk for his willingness to participate in this con by DPS, the FBI, DOJ, Texas AG,  and the Texas Rangers.


They continue to refuse to comply with the order of Texas AG Ken Paxton to release the accident report on Luis Saenz's nephew Victor Garcia.  I know for a fact because it came out in court, he blew a .3 alcohol level.  Depending on the injuries of the victims in the other car the charge may be a felony. 

AG Ken Paxton is going to take no action over DPS's refusal to comply with his order.  Today I will put in the mail to the FBI and DOJ in Washington overseeing the special task force in the LRGV a request for the indictment of Jose Rodriguez, Regional Commander for DPS in our area. 

The state has announced ready and in fact announced all discovery had been given to Victor Garcia's counsel, but yet DPS says the information cannot be released because there is a pending investigation.  Why?  Because they are running for Luis Saenz so long as he plays along with their wrongdoing.

When the DA in Travis County was arrested for DWI the video was all over the Internet the next day.  The same happened with Pat Ahumada. So why is it the video of Victor Garcia is protected from disclosure?

There is no question period - the DOJ and FBI went to Saenz and told him to not prosecute Oscar de la Fuente.  This is the exact opposite of what they represented to the jury in the Villalobos trial.  If Saenz were to go public with this Villalobos would get a new trial and possibly just walk free.  If his ex wife were willing to spend her precious money Villalobos could get a habeas corpus hearing and walk free.  She called me actually demanding I throw my source under the bus.  She was rude and conducted herself like an ill mannered spoiled child.  No one is going to work with a woman like that.

When law enforcement uses a criminal to do their dirty work so it appears they are doing something to the end the corruption, we are in a lot of trouble. 

Yzaguirre's lawyers need to by pass all law enforcement in Texas whether state or federal. get to Washington and sue the DOJ and FBI and ask the court to appoint special prosecutors to investigate both for their role in the Saenz affair, and you watch how fast things change.

Until then everyone is subject to indictment with or without evidence.

Jose Rodriguez who heads up DPS for the LRGV needs to be indicted for his role in this mess - such an indictment would be meaningful and would finally result in real change.  But so long as Jose Rodriquez is willing to run cover for Luis Saenz, Saenz will be allowed to work his selective prosecution, and criminal enterprise without anyone willing to stop him.

On the local family member, the situation is still critical, but improving.  The body is going to do what the body is going to do.  So we wait.

Tuesday, January 12, 2016


Please play responsibly.  I'm not selfish, I will take the second prize at $1 million, the rest of you can have the big one.

The caldo is almost done and then I am out to the doctor, and then Valley Baptist for a while.  Caldo for 10 is not easy, especially when you use the thick short ribs with big chunks of meat.  I just love tearing the meat off the bone with a corn tortilla.

When I get home I will just warm it and we shall all eat.

Sorry guys, but I am very busy with family.  On the Brownville family member the doctors found a workable dosage of Lasix while limiting fluid intake until the edema is controllable.  It's any one's guess what the future holds.  I can say things have improved a lot in the last 24 hours.

The hardest part right now is a lot of conflicting information from different doctors, and nurses making declarations they should not be making. 

But the important thing for now is, he stabilized quiet a bit yesterday.  But his situation is a lot for his organs considering his age.

On my brother, it saddens me every morning that I have not received the call he has passed.  He is suffering in a dump of a nursing home.  He has an attorney fighting his wife so he can be moved.  He has the money to afford a posh nursing home in Houston.  His doctor will be the Director of Neurofibroma at MD Anderson.  He has no such care now.  He is cognitively impaired and cannot speak for himself.  The lesions on his brain have taken their toll.

The court gave him an attorney to fight for his rights.  I am cooperating and providing the attorney information every day on demand.  My preference is he passes so the pain ends.  But if he is not going to pass I want him in a posh nursing home under the care of a top notch neurologist at MD Anderson.

The nursing home where he is at had to be threaten with a lawsuit to force them to take him to the ER to see if he fractured his hip after 12 falls from his bed.  His wife fought me tooth and nail and just wanted him to be screaming out in pain.  I won that battle and the x -ray showed a fractured hip and he was given surgery.

Yesterday I got a letter from TRICARE telling me they agreed with my claim of financial fraud by the nursing home and ordered them to refund a fraudulent payment.  This is the second time this has happened.

A month after the nutritionist put him on a high calorie smoothie for weight loss I was visiting him and the kitchen staff told me no one told them. 

I have been in his room where the food is all over him and the floor because he cannot feed himself.  The criminal Texas AG Ken Paxton found this care meets minimum standard under Texas law.

So between two family members suffering slow miserable deaths, I just do not have the time for blogging right now.


Sometimes it is good, but when it is used to keep someone alive whose time has come it's bad.  In the local family case, it would be cruel to withdraw the oxygen - so in this case it is a good thing.  But the oxygen is the only line between life and death.  But you cannot withhold oxygen - on that I am certain.

As a society we need to do better at having an honest conversation with one another on these issues.  I do not know the answer.

As to my local family member when you shake his had he is still so strong you think he is going to break your hand.  So who knows.

In the last two years there have been two major hospitalizations  - one caused by a doctor at the Day and Night clinic from a major overdose of a medication.  I believe he gave him 10mg when the recommended dosage for a senior is 1.5 mg.  The doctors were convinced he was a goner.  Well he begged to differ, left the hospital after a month and soon after was out dancing and hanging with his friends.

About a year ago the same thing.  The care was horrible until he was bleeding internally and a colo-rectal surgeon was called in at 6 p.m. for an emergency colectomy - no sac required.  He eventually left the hospital and was out dancing again and hanging with his friends.

Until he is ready God has no say in this one.  It will not shock me if he proves the experts wrong again and within the month will be going out dancing again.

For now we watch and wait. 

Monday, January 11, 2016

My long term readers know I do not believe in death.  Yes it is true I have not physically seen my father since age 5, or my mother since age 19, but they live with me and guide me every day.
Today I could easily be earning $250,000 or more for a big law firm had I been willing to play, but I was not.  You know why the State Bar wants me back - so they can control my speech.  I am not for sale.  I am doing just fine working writing trial and appellate briefs under lawyers who actually represent the clients.  I am just a paid employee.
I know this post will anger some family - but my love is for the suffering family member and not the rest.  Guys, the medical community is a mess.  We have so many doctors contradicting one another's orders.  I was there yesterday when the pulmonologist gave the direct order that the patient was not to be given Lasix because it was damaging his kidneys, and he would not survive dialysis. About 30 minutes ago I received an urgent text that someone put him back on Lasix.
Look, my brother in law has come back from death before.  This guy may be dancing again within two weeks.  But it does not look good.
Here is the deal.  As a family you need to make sure the people in SICU know nothing happens without the express consent of a specific doctor.  You cannot have 4 doctors all making different decisions. 
The Lasix may be needed. This morning the patient was diagnosed with congestive heart failure, His heart is pushing on his lungs, and the lungs are filling with fluid.  So yes, Lasix may be needed to control the situation even though it could lead to kidney failure in the case of this patient. 
Doctors need to learn communication is absolutely necessary when dealing with the family.  No one seems to know who ordered the Lasix.  But I am certain under these facts the pulmonologist would consider putting him back on Lasix as the only way to slow the fluid build up.  Facts change - and so too must the treatment.
Every time the nursing home calls, it saddens me they are not calling me to tell me my brother has passed.  He is suffering a horrible long death.  I pray every day he passes.
While I know some family members locally want this other family member to recover - if you know this man he is no longer there.  He has lived his life honorably, and left behind a significantly better Brownsville.  His work can be seen all over Brownsville.  His funeral will be a whose who of every well known politico.  The day before yesterday the mayor spent time with him.  Tony and I may have differences in our opinions, but when it comes to this I can say he made a very old and sick man extremely happy and the family is grateful for that.  This is not a time for politics. 
If I ever reach this point, at this man's age, I would hope my nieces and nephews will honor my wish to be made comfortable, but to allow nature to take its course.
The family is coming in from all over the U.S.  If he passes I will make the announcement to Brownsville.  But I tell you we were told it was over and he left the hospital and went back to dancing and having a beer or three.  So it is anyone's guess.  But this is clearly the worse.
But people remember - when someone passes they remain with you in all of the significant ways.  Do not be sad - be happy they are finally at peace.
I was joking yesterday with my nephew that when my brother in law passes, my sister will meet him and get on him for taking 14 years to join her.  He has earned his right to peace and may God grant that peace soon.

This quote is commonly attributed to Freud, but he never said it.  Others attribute it to a man named Gibson, but he has tweeted he read it elsewhere.  The earliest rendition of this quote is found on the tweets of a woman.  The plain language of the quote told me it was not Freud, so I went to quote check and learned its history.

But it is still a good quote.

Sunday, January 10, 2016

Barton:  "Indicted, but never prosecuted politiquero Joey Garza, in Masso's employ in 2012, remains so in 2016. "  And now for reality.
06/12/2015  Announcement  (9:00 AM) (Judicial Officer Leal, Janet)
(S)Trial 6/15
Result: Convicted
06/12/2015  Plea
Defendant Pled Guilty to Count I- Method of Return Marked Ballot <10 b="" consent="" i="" investigation="" lass="" misdemeanor="" o="" re-sentence="" report="" w="" waived="">
06/12/2015  Court Sentencing
Plea bargain followed; Defendant sentence to: CCJ for 2 DAYS Credit for Time: 2days Defendant ordered to: Pay COURT COSTS W/in 30 DAYS-DOR.jll/lip

The politiquera system as we know it from the past is dead.  The AG and Saenz refuse to investigate the Home Healthcare system.  We saw a large number of mail ballots for Tony Martinez.  The increase in mail ballots was significant enough to raise eyebrows - but nothing.  A huge supporter of Tony Martinez owns Home Healthcare companies along with adult day care centers.

A certain owner of Home Healthcare pays his employees to help seniors to complete the request for the mail ballot.  Then when the ballot comes to the home the healthcare worker under orders from the owner completes the mail ballot.  None of these workers are known politiqueras.  They are doing it as part of their job as ordered by the owner of the Home Healthcare system.

Nothing is being done because those who claim to care about the theft of the mail ballots know a real investigation will show people they backed used this very method as a replacement to the traditional politiquera.

I took the evidence to the AG and was told they no longer have authority to investigate. 

So yes, this election will be stolen with fraudulent mail ballots.  But it not Masso tied to the new system - it is Saenz and he is running cover for them.

As to Joey Garza - the state had compromised witnesses because they were approached by Yolanda Begum's untrained supporters thereby tainting the evidence. Because of the tainted evidence all of the indictments became difficult.

I worked on one of these cases long ago. On the day of trial the DA called not one witness - why? - because I proved every affidavit signed by a voter was tainted.  The judge was so mad he randomly ordered detained two of the alleged victims and dragged into court.

One said my client never touched her mail ballot, and the other had a few select words for the judge.  The jury found my client not guilty .  The jury foreman called the judge the most unethical judge he had ever served under as a juror.  The judge lost his reelection.

My straight up and down view is YES. 

The LA Times summed up the problem in simple terms.

"It's a neat irony: The most conservative constitutional interpreters must find Cruz ineligible to be president; liberals must grin and bear him. Cruz himself purports to embrace originalism as the correct view of the Constitution. To be faithful to his understanding of what the Constitution means, the senator may have to disqualify himself."

To buy into Trump's argument you have to believe not withstanding the equal protection rights found in the constitution, citizenship can only be transferred through the father and not the mother. 

There were two legal concepts at the time the constitution was written - both of which would disqualify Cruz.  The problem is shortly after the signing of the constitution congress made clear.

"in 1790, Congress passed a law stating that “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States shall be considered as natural born Citizens.”

In statutory construction the courts presume the legislature knew the law of the time and the meaning of terms.  Based on this well established concept of statutory construction, Congress knew if they wanted to limit the passing of citizenship through the father, they could have put it into the law.

But I love how if this matter go to federal court, the Originalist Antonin Scalia is going to have to dance around the law which would have Cruz disqualified and Cruz himself is going to have to argue the Originalist argument is wrong.


I remember the military telling my brothers that their sons - one born in the UK and the other in Germany, would not be considered natural born citizens, although their births to military personnel was immediately registered with the Embassy.

Obviously this argument has been around for a long time.

But in simple terms are we prepared to tell all of our military personnel serving this country overseas that their children born outside the U.S. can never be president of the U.S.?

Trump and his moronic followers need to stop this endless birthers nonsense and move onto substance.