Wednesday, August 31, 2016


THE HONORABLE RENE DE COSS SERVING JUSTICE

Today I watched Judge De Coss in action.  He made me proud of the legal profession and that is hard to do.  He made both sides work their case.  Ernesto Gamez had to have his daughter finish his sentences because he was not use to having to work to get what he wants in the court room.  Judge de Coss is smart and will not allow the lawyers to confuse or muddy the issues with distractions which make no difference.  It was my pleasure to watch him in action today.

As someone who votes Democrat nearly 99% of the time, this is one Republican who needs to stay on the bench.  The Cameron county justice system needs him.  Governor's Abbott's wife really needs to come to Cameron county and campaign for him.  It is about justice and not party labels.


Today Marisa Govea Hernandez appeared in court with her hair cut shorter to ear length, unmoved by the severity of the charge.

Judge De Coss was more than prepared and left Ernesto Gamez to have to actually work.  His daughter I must say is brilliant and well spoken.  I would imagine in a few years she will be one of the best criminal defense lawyers in Cameron county.  It was hard not to laugh as she would finish her dad's sentences because Ernesto was lost and scrambling.  

I forgot to pull the indictment.  Today's issue was about the missing evidence.  The tape of the accident.  Detective Clipper everyone agrees is as the heart of the controversy.  He only saved the the part with the impact.  DA Saenz has a duty to hire the best company available to enhance the video to show who was clearly driving and that she hit a person.  Saenz will not.

Gamez was so all over the place after admitting Ralph Tipton gave him the civil deposition and Gamez actually used them to prove a point - which he lost - Gamez then claimed the depositions were filed with the court ex parte and he did not get them.  It was like watching a drunk clown in action.  Thank god for his daughter.  Again she is very, very good.

Even the DA admitted to having received the civil depositions from Tipton.  Why did Saenz not get them himself? Why did Tipton have to get them on a USB drive and give them to Saenz as evidence in the case.

DE COSS' SPOT ON ANALYSIS OF THE LAW

Each crime has elements you must prove.  In this case the elements are:

(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;
(3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid;  and
(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
- See more at: http://codes.findlaw.com/tx/transportation-code/transp-sect-550-021.html#sthash.SaghaJh4.dpuf


Judge De Coss made a big deal that the statute says immediately, not an hour later.  This is important and evidence of his loyalty to the law.  Gamez wants the video thrown out because it does not show the defendant's son searching an hour later.  Judge De Coss found that part of the missing tape is not material because it was an hour later not immediately as required by the statute.  I was so proud of Judge de Coss not falling for the trap and distraction Gamez was trying to play.

There may be a problem with the indictment.  Gamez claims it does not allege immediately.  Saenz better get on top of this immediately and make sure the indictment is in proper form.  Judge De Coss made clear the DA is free to say what it wants in the indictment, but then they have to prove it, and that it is a crime.  If Saenz's staff messed up the indictment and she is not re-indicted soon the entire case can be dismissed once a jury is chosen.  There is no excuse for Saenz not making sure the indictment is solid.

THIS CASE IS SIMPLE

If Saenz pays to have the video enhanced and it shows the defendant was driving and clearly hit a person, she is sunk.  All of the evidence shows she did not immediately investigate as required by law.  The state is alleging that where the body was found there was a safe place to park and get out of her car to search.  Saenz better have pictures of this area.  if he does not he is intentionally blowing the case.

FINALLY, VOTE DE COSS - I SAY THIS AS SOMEONE WHO ALMOST ALWAYS VOTES DEMOCRAT

Morgan, get the Governor's wife down here to campaign for De Coss.  To know her is to know a lovely woman of deep faith.  As someone who votes Democrat I am proud to have her as our First Lady.  She is a woman of immense good character.  We cannot afford to lose a judge like De Coss.

3 comments:

Anonymous said...

Judge DeCoss is a real bright person and his rulings are based on justice. He has a great demeanor in court and overall is a good person

BobbyWC said...

Judge De Coss has to win. He holds his own and is never disrespectful to the lawyers even when he knows they are getting taxing. He has a good demeanor and strives to do it right. He will make mistakes, but that is the way it is. But when he does make a mistake it will be an honest mistake.

I know of another case where witnesses told me about the hearing, and I was impressed because he was able to see through the bullshit of an unethical attorney and did right by the children. He knows the tricks and the bad lawyers are quickly going to learn they are going to have to play by the rules when in his court.

We need to keep him on the bench.

Bobby wC

Anonymous said...

I applaud Erin for coming to her dad's rescue and hope she does NOT follow in his corrupt footsteps. As for the case, Saenz should be removed from his job as DA! His sole duty is to represent & advocate for the victim! And he is failing miserably at his job! So glad I didn't vote for him. I wonder how many others he has FAILED!