Friday, September 30, 2016


THE 28TH AMENDMENT, AND HOW CORPORATISM AND A DYSFUNCTIONAL CONGRESS HAS BROUHT US TO THE POINT OF THE PEOPLE BEING FED UP

There are actually many issues being proposed for the 28th Amendment. but reversing Citizen's United is the one already moving through the system at both the federal and state levels.

There is another one which is really tied to this one which wants to make the Declaration of Independence law.  But those advocates take it too far.  If you do not know in Texas v. White the U.S. Supreme Court found unconstitutional or replaced by the Constitution the inherent right of the people to throw off a government which does not respond to the people and denies the people their inherent rights.  We do need another Amendment to restore the Declaration of Independence to its rightful place in Law and its legal principles which form the basis of the founding of our Republic..

Here is a must read article on the issue.  It really speaks to uniting the people of all political persuations.


MITCH MCONNEL PROVES HE CANNOT LEAD AND WILL ENDANGER ALL OF OUR TROOPS

Our cowardly Senate, both Repubicans and Democrats voted to override President Obama's Veto of the law which allows 911 victims to sue Saudia Arabia.  You see it is easier to play the people with simplistic but dangerous ideas, than speaking honestly and fankly,

You see what our esteemed inept leadership did was tell every country in the world they can now pass laws allowing their citizens to sue our troops for collateral deaths during war.  Congress was warned but ignored all of the experts.

"Senior officials, including CIA director John Brennan, Defense Secretary Ashton Carter, and Secretary of State John Kerry, had urged Congress not to approve the bill, because, as Obama explained in his Sept. 23 veto statement, it "could encourage foreign governments to act reciprocally and allow their domestic courts to exercise jurisdiction over the United States or U.S. officials — including our men and women in uniform — for allegedly causing injuries overseas via U.S. support to third parties." That was the concern Ryan raised on Thursday."

Although warned about what would happen if this law went forward, McDonald then blamed the President for a law he vetoed which McConnell now admits needs to be fixed because of unintended consequences.

"McConnell blamed Obama for not warning Congress earlier. "I told the president the other day that this is an example of an issue that we should have talked about much earlier," he told reporters on Thursday. "It appears as if there may be some unintended ramifications of that and I do think it's worth further discussing." Obama had called McConnell about the bill on Monday, then sent him and Senate Minority Leader Harry Reid (Nev.) a warning letter on Tuesday (Reid was the lone senator to vote against the override)."

This is beyond surreal.  McDonnelled allowed for the veto override and then blamed President Obama  for what both Senate and House leaders now concede is a bad law.

Now while they spend months failing in trying to fix it, other countries will pass similar laws and the US and its troops will find themselves being sued in foreign countries.  This is a disaster.  

But we are so divided we are no longer even listening to one another.  This was not hard to explain to the people.  But explaining the truth would not have been popular.  It was just easier to open the door to our troops being sued in foreign countries.

This is why the majority of U.S. Americans oppose both Trump and Clinton, and I do not blame them.




HAPPY B-DAY CHARLIE

Our family is so large.  Today is both my brother's and great niece's birthday, Yesterday was another neice's birthday.  We had so so many B-days this month.  This is from July on Fire Island.  Charlie is in the front in grey.  Guys a big family is everything and it pains me I do not have more time to travel everywhere to visit everyone all of the time.  FB has become such a great source to laugh with one another every day.  Cherish your family guys.  I would not change a thing about my hopelessly disfunctional family.  

Be patient, I do have an important post

Wednesday, September 28, 2016


READER DEMANDS PAGE ONE OF MARY TIPTON ACCIDENT REPORT

UPDATE:  I was just text a message - top left corner says "FATAL."  Thanks to the reader for helping.  Like I said my vision is terrible for reading.  This only makes it worse for Valerie Garcia.

I will be fair here and say my reading vision is disastrous.  I cannot find what they say is on page one.  Maybe you can.  They say in an approved comment there is a spot wherein it will say injury or death.  I cannot find it.  The most I can find is a box checked hit and run.

I will also note the date and time of the accident on the report is wrong.  Just another example of the mistakes made by the Brownsville Police.  If as a defense attorney you cannot destroy an investigation done by the Brownsville Police you should surrender your law license.

Tuesday, September 27, 2016


TWO DAYS IN SAN ANTONIO, AND VISITING WITH MY FRIEND OF 40 YEARS, GRACIE

City employees may recognize her from when she worked for the city of Brownsville.  Yesterday before heading back we spent about 3 hours just visiting and talking non-sense, family, and friendship.  Family is more than blood, it is also friends who make you feel complete. 

The San Antonio Military Medical Center visit went well.  They found problems on the thorasic CT scan the radiologist missed.  I go back in December for several days of testing.  Those tests will determine if I hold over for treatment.  There are a host or problems.  The point of me going to SAMMC is now a team of various specialist will decide on the advanced testing and how to proceed.  You know you are on an Army base because of the high level of discipline.  It was like being in a 5 Star hotel.  Everyone was so nice and walked me around to the different areas I needed to go to before pulmonology. 


"BEST" TAKES ISSUE WITH STATISTICAL FACTS AND BV

I can only hope the angry voice from "Best" which kept on calling the BV idiotic for saying teachers do not vote only teaches kick ball, because that is about all they may and I mean may be qualified to teach.  The concept of evidence eluded this person.  I asked the Cameron county Elections Office for the 2014, BISD election returns.  Remember in 2014, we had a very contentious County Judge race at the same time, so there was a higher than normal turn out.

In quotes from the Elections office as to the 2014, numbers - "The total turnout was 19,152 out of 85,099  or 23%."  Now if I am generous and say teachers are more likely to vote than non teachers, maybe we can say 30% of the voters were teachers.  I stand by my statement teachers do not vote.

It is really sad when educators simply lie or refuse to accept fact, and then are allowed in the classroom to teach our children.  This endorsement is worthless.  Teachers do not vote.  Further, those who do vote are engaged and know the candidates and have no need to consider endorsements.  Many who will vote were already tied to a candidate before the endorsement.

When you combine the historical low turn-out with the number of candidates and a plurality wins, the odds are all incumbents will win.

Monday, September 26, 2016


THE FBI MUST TAKE CONTROL OF THE MARY TIPTON HIT AND RUN CASE

Our police chief should be unable to show his face in public - to an officer involved in this case they are a disgrace and no one has been held accountable.

Look to my X - the officer wrote "failed to stop and render aid."  That is it.  The failure to render aid statute has two options - injury or death.  This report was generated after the body of Mary Tipton was found in the ditch face down in water.  The report lists neither injury nor death.  Further I only got this report after the AG ordered it released.  We now know why Chief Rodriguez wanted to hide it.

Next read the officer's discription of the accident.  It was a violent accident.  Why did the officer fail to inform the court whether or not the failure to render aid involved injury or death?  Why did Magistrate Judge Valerie Garcia assume it only involved injury and not inquiry as to injury or death?  At a minimum Valerie Garcia showed extreme inicompetence.  The report as written does not involve a crime because it does not allege injury or death as required by the statute.  She intentionally turned a blind eye.

The FBI needs to call in Valerie Garcia and the police officer and demand an explanation.  There is no excuse for the incompetence of both.  And as to our city commission refusing to call in the police chief and failing to demand accountability, what else is new?  He protects them and they protect him.

From the failure to stop and render aid statute:

"(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:

(1) involving an accident resulting in:

(A) death of a person is a felony of the second degree; or
(B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree;"

How is it humanly possible with the discription of the accident as made by the officer, and with no comment as to injury or death, Valerie Garcia could have not asked if the failure to render aid was based on injury or death?  It is not possible and her defenders are without a conscience.  The city must fire her forthwith along the the FBI bringing her in for a full interview and debriefing as to why she wrote the bond based on injury and not death.

The FBI and DOJ need to take immediate control of this case.  

WHO WON THE DEBATE? NO IDEA

Trump was Trump to the point of saying not paying taxes makes him a smart businessman.  But it will not matter.  His core supporters do not care what he says.  He wants to turn Washington upside down and that is all that matters.  Hillary was more substantive, which will play well with her core supporters but will not move the angry American.  They do not think substantively.  And I do not blame them.  The best economists and foreign policy wonks cannot agree on anything, so why should the American people be invested in such such policy discussions.

CNN right now is reporting that 18 of the 20 people they had monitoring the debate voted Hillary as the winner.  The problem - the 20 people are invested voters, who do not reflect the average voter - so the poll is meaningless.

This race is any one's guess.  All I know is the American people are mad.  How that will play out on election day is any one's guess.

To even try and analyze this debate in terms of substance would be a waste of reality in terms of how this election is playing out.

TAKE THE TIME TO BE AT THIS DEBATE WATCH

No one is asking you to change your vote.  By being with other people, especially with people with whom you may disagree, you may be able to influence them to flip their vote based on the debate.  Both sides need to open their minds.

Personally based on current poll numbers Trump and Clinton have an equal chance of winning.  Based on trends I would predict Trump. Trump has been gaining ground for a month while Clinton has remained stagnant.  Now poll numbers three days from now may show Clinton has moved the trend back into her favor which would then have me predicting her as the winner.  It is still too early to predict anything with certainty. The debates may change things.  I do not know.  I personally think the core supporters of each side are locked in and nothing will change their minds.

But open your mind and attend this event.


THE AMERICA I KNOW

While I am by no means a supporter of the Bush family in terms of politics, I have always admired their sense of dignity which was instilled in them by George and Barbara Bush.  I love this picture because it speaks to dignity and respect for our differences.  This picture should become the gold standard of who we are as a people.

MAGISTRATE VALERIE GARCIA ONLY CHARGED MARISA HERNANDEZ WITH INJURY DUE TO ACCIDENT NOT DEATH

At the time Valerie Garcia, Magistrate Judge, working for the City of Brownsville, set bond based on injury from an accident instead of Accident Involving death, the evidence was clear - the crime was accident involving death.  Why was it changed to accident involving injury when the clear evidence was death not injury.  This certainly would have impacted the bond.

There needs to be a full investigation as to when Ernersto Gamez was retained and if he pursuaded Valerie Garcia to change the criminal charge from death to injury.

Something smells very rotten.

For the record I only secured this document after the AG ruled in my favor on an Open Records Request.  Why did the city try and hide this document which clearly shows Valerie Garcia changed the criminal complaint from death to accident.

Saturday, September 24, 2016


















IN STUNNING UPSET BROWNSVILLE EDUCATORS STAND TOGETHER ENDORSED DR. SILVIA ATKINSON OVER JOSE CHIRINOS, AND ERAMSO CASTRO OVER CATY PRESAS-GARCIA

"BEST Endorsements for BISD Schoolboard Places 5&7. We had our first forum this past Tuesday night for BISD places 5&7. Based upon the feedback from the members present, and the leading organizers and activists discussion of the forum and the candidates we are endorsing Erasmo Castro for Place 5 and Dr. Sylvia Atkinson for Place 7." Source:

Now I take these endorsments with a grain of salt.  The historical numbers show teachers do not care enough about their work place, or BISD to vote.  But is a close race, this could put either over the top.

The endorsements basically say, they are tired and want change.  This is consistent with national polling on the issue.  With three females splitting the female blind vote, and Castro being the only man on the ticket, he clearly has the best chance of beating Caty.  But in a plurality race, Cata may have enough core supporters to take this with between 33-35% of the vote.

This is a nose to nose horse race between Castro and Presas-Garcia.

JUST A REMINDER - BE THERE AND GET INFORMED

This is not to tell you how to vote.  It allows you to sit side by side with people you may not agree with and watch how each of you respond to the debate.  This is how we grow intellectually.  If you are unwilling to challenge yourself intellectually, you will never grow.  Go meet new people - you never know what will come of the event.  

IN THE FACE OF POVERTY AND UNDERFUNDING OF EDUCATION, CHILD PROTECTIVE SERVICES, AND ADULT PROTECTIVE SERVICES, IT IS TIME TO TAX THE CHURCHES

You cannot be a person of faith and defend this untaxed opulence.


THIS IS SO FUNNY AND SAD AT THE SAME TIME.  THEY ARE CLEARLY BIRDS OF A FEATHER

Friday, September 23, 2016


SWEATING BULLETS

I am on two antibiotics and all sorts of cold medicines and nothing works.  I am waiting on a ride back to the doctor.  Again I had to change my sheets in the middle of the night.  They were soaked through.

A QUICK NOTE ON TSC

CORRECTIONS ON TSC STORY

The original post will remain because I will not run from any mistakes.  But I will say this, TSC, its Trustees, and Administrators are in a mess.  Contrary to press reports and what many at TSC believed to be true, a reliable source is now telling me Lily Tercero rebuffed the offer from Texas A & M to help with the nursing program.  Only time will tell who is telling the truth.

Concerning the pass rate for the nursing program  the numbers were the opposite.  With the exception of this year they have gone down during the years of Tercero's leadership.  But remember a lot of these students were already in the system moving through the program when she came on Board.

But here is the problem, Tercero is going to produce endless complaints from various trustees that she was putting too much time into the nursing program while ignoring other needs of TSC.  This is where TSC broke down.  You cannot run a business as its CEO with 7 neurotic bosses constantly hounding you with different agendas.

If this Board were smart they would offer her one years wages and end it.  There is no issue Tercero messed up, but a trial will show a meddling inept Board which made doing her job nearly impossible.

They complained about her endless micromanaging and then blamed her when lower level administrators messed up on such things as the Windstorm.

In the end Tercero will land somewhere with a job, but the Board will be damaged for good.  Hopefully TSC will continue to grow.

ORIGINAL POST

First I contacted many sources at TSC and to a person they claim the lie being put out by Adela Garza that the State will shut down the nursing program is false.  Other than Adela no one at TSC has any knowledge of such a claim.

I have confirmed there are 4 votes to remove her as Board President over her obsession for personal gain to destroy the reputation of TSC so she can come across as its savior.  Staffers are warning Administration and Trustees they will tolerate her no longer and they better act.  The lawyers are arguing removing Garza could help Tercero.  The lawyers are idiots.

THE FACTS

When Lily Tercero came on Board the nursing program was falling apart.  The numbes actually show she has improved it significantly.  The lawsuit will show endless complaints by the Trustees that she was spending too many resources trying to save the nursing program.  Now the Trustees want to blame her for the problems they tried to stop her from fixing.  The litigation is going to be a blood bath for the Trustees as all of the emails and facts come out.

It is true for 2016 the nursing pass rate was under 80%, but somewhere in the 70 percentile.  The following numbes show since her arrival at TSC the numbers got better.  You begin with 2015, and backwards.  The 3 years were 71, 45 and 51 percent. Significant improvement was made under Lily Tercero.  She cannot be held accountable for the students who were in the system before she became president of TSC.  But when she saw the numbers she moved to correct the process notwithstanding endless complaints from the Trustees she was putting too many resources into the nursing program.  On this issue TSC will lose in court.

ENROLLMENT UP FROM LAST YEAR

Overall enrollement is up 25.34% from last year.  But Adela Garza is determined to destroy the reputation of TSC, so she can claim the position of savior.  Well Adela, staff and Trustees want you gone.  They are working hard to turn TSC around and are tired of your lies.  TSC will survive - unless this inept Board fails to act on the immediate removal of Adela Garza as Boad President.  She is a major liability in terms of the forthcoming Tercero litigation and a a detriment to TSC through her endless lies to do injury to TSC.

This does not mean the State will not pull the nursing program.  But Lily Tercero before she left made arrangements with Texas A & M to fix the problem.  I would be shocked if the State does not give Texas A & M one more year to try and fix the problem.





Thursday, September 22, 2016


BE PART OF HISTORY AND MAKE THE EFFORT


7 Lectures Series:

9/23 Friday 3rd  Lecture: “The Spanish Language: Borrowings and Variant Dialects,” by Dr. Jose Angel Gutierrez and Natalia Verjat Gutierrez, CAMILLE PLAYHOUSE, DeSTAFANO ROOM, Dean Porter Park, 11:30a-2p.

9/26 Monday 4th Lecture: “Hispanics and Presidential Politics: 2016,” by Jim Hightower, former Texas Commissioner of Agriculture and current editor The Hightower Lowdown,” followed by the 1st Presidential Debate, Troiani Law Firm, 611 E. Washington, 6:30p

9/30 Friday 5th Lecture: “The State of Hispanic America: 2016,” by Dr. Ruben O. Martinez, Director, Julian Samora Research Institute, Michigan State University, CAMILLE PLAHOUSE, DeSTAFANO ROOM, Dean Porter Park, 11:30a-2p.

10/8 Saturday 6th Lecture: “The State of Hispanics in the Rio Grande Valley” by Dr. Lloyd B. Potter, Texas Demographic Center, UT-San Antonio, CAMILLE PLAYHOUSE, DeSTAFANO ROOM, Dean Porter Park, 11:30a-2p.

10/12 Wednesday 7th Lecture: “The State of Hispanics in Texas: 2016,” by Dr. Rogelio Saenz, Dean, College of Public Policy, UT- San Antonio, CAMILLE PLAYHOUSE, DeSTAFANO Room, 11:30a-2p.

RSVP REQUIRED FOR LUNCHEON EVENT. BRING YOUR OWN MEAL OR PRE-ORDER: CALL 956-525-0426 (Ms. Velez)



AN UNEXPLANABLE ELECTION - THE PEOPLE ARE DRIVEN BY ANGER AND NOT RATIONAL THOUGHT

Bernie Sanders and Donald Trump had one thing in common.  They both basically promised to turn the way things are done upside down.  On both sides no one really cared what they were saying on policy issues, just that they would turn things upside down.

Polling shows this is exactly what the majority of people want.

CURRENTLY POLLING HAS TRUMP AND CLINTON IN A NOSE TO NOSE HORSE RACE WITH TRUMP LEADING BY THE MARGIN OF ERROR IN KEY SWING STATES

I will not repeat any of the bizarre things Trump has said.  It does not matter.  The people are so mad they are not listening to him.  All the people know is the press and Washington hate him and that is good enough for them.  Being hated by Washington and the press is the same as being endorced by God.

My only interest in this election is keeping a Democrat in the White House for contorl of the Supreme Court.  Texas polling is everywhere so none of the polls are realiable.  The only way I will vote for Hillary is if Texas is in play and she is within the margin of error.  Otherwise I plan on voting a blank ballot, in every race.

We need a revolution of thought.  That is not going to happen with only a two party system.  Beyond control of the Supreme Court there is no meaningful difference between Democrats and Republicans.
Yesterday in an interview I heard a man blame Obama for 9/11 because he was not in the White House when it happened.  He was travelling the country.  The man had no idea Obama was not even president on 9/11.

You cannot fight ignorance and anger.  So maybe 4 years of Trump destroying this country may be good.  Now the reality is, the Democrats and Republicans will unite to stop Trump thereby making him a lame duck president from day one.  The question is what will he do when he finds out without Congress he has very few powers.

Tuesday, September 20, 2016


TODAY MAY BE THE WORST DAY SO FAR

I had to change my sheets in the middle of the night because of the sweating.  They were soaked.  I had to change out the matress cover and all 8 pillows.

This morning I see the doctor for another bandage change.  I will see what she says.  Tomorrow is the internal ulrasound.  There is so much bile running up my stomach into my esophogus I have bile gerd nearly 24/7  -  nothing works.  I checked on a side effect of the new medication to control the bile. One is sending the bile into the stomach and esophogus.  There is no treatment other than a special surgery to relocate the bile duct lower so it cannot interact with your stomach.  The medicine is working great in terms of controlling the impact of the bile heading southbound. But the medicine does not work on northbound and there in lies the problem.

For now I am sweating bullets.  I will try a quick shower before heading out the door.

QUICK ON TSC

Dr. Tercero made a mess for herself by working with Kiko Rendon and Ed Rivera.  They empowered her to micro-manage TSC.  The hypocracy of those who voted to discharge her is in their emails which came out.   In the real world Dr. Tercero as the effective CEO would have gone to the major stock holders and demanded removal of the Board Members doing everything possible to make matters worse.

The Board Members who voted her out consistently complained about her micromanging everything and then they had the nerve to fire her because she allowed people to do their job without being micromanaged, and what happened?

The windstom insurance lapsed - checks were stamped with the wrong stamps.  Had Dr. Tercero still been micromanging maybe these mistakes would not have happened.  

And then the evidence clearly showed those decrying Dr. Tercero for mico-managing were in fact abusing their office by sending endless emails with very burdensome requests.

One inside source has told me that the second Dr. Tercero files suit, the Board will blame Adela Garza and remove her as Board president.  Tony Zavaleta is vying for the position but does not have the votes.  

Let there be no mistake, Dr. Tercero made mistakes - but when the full story is developed in litigation the Board will come across as a bunch of meddling spinster aunts who made matters worse.

While her attorney made it appear it is unlikely they will file suit - he seemed very on the fence when asked about what is next, If she does file suit, it will be a blood bath for TSC.

If suit is filed when it is done, between attorneys fees on both sides and the money owed to Dr. Tercero the cost will exceed a million dollars.  

Monday, September 19, 2016




CLICK FOR LIVE COVERAGE OF DR. LILY TERCERO DISMISSAL


http://livestream.com/TexasSouthmostCollege/events/6373509

This was a blood bath of evidence of wrongdoing by the Board and in particular Adela Garza came across real bad.  When Trey Mendez in an email voiced concern 4 Board Members meeting via email violates the Open Meetings Act, Tony Zavaleta demands a legal opinion be sought.

I am not going to go item by item, but I will say when this ends up in court the damage to TSC will be immeasurable.  This is sad.  It seems most trustees care more about their own agenda's than the future of TSC.

TSC will survive- damaged.

IN SUMMARY ARGUMENT

It is noted there is no TSC policy that any Board Member sign any checks.  So regardless of whose stamp is on the checks is legally meaningless because the Board had no policy requiring a Board Member sign any checks.  The check issue is going to be hot.

What is real clear is for years this Board has operated based on tradition not meaningful policy.  This is going to cost TSC through its reputation and financially.  Tercero made enemies because of her management style.   She  saw herself as managing a corporate entity of 7, not individuals.  Through endless micro management by Tercero and people like Adela Garza a mess was created.

My main concern is as this proceeds innocent Board Members are going to be damaged because the people will not be able to separate out the actions of one from the other.



CLICK FOR LIVE COVERAGE OF DR. LILY TERCERO DISMISSAL


http://livestream.com/TexasSouthmostCollege/events/6373509

This was a blood bath of evidence of wrongdoing by the Board and in particular Adela Garza came across real bad.  When Trey Mendez in an email voiced concern 4 Board Members meeting via email violates the Open Meetings Act, Tony Zavaleta demands a legal opinion be sought.

I am not going to go item by item, but I will say when this ends up in court the damage to TSC will be immeasurable.  This is sad.  It seems most trustees care more about their own agenda's than the future of TSC.

TSC will survive- damaged.

WASHINGTON POST NAILS TEXAS ON SPECIAL NEEDS CHILDREN WHICH TENDS TO PROVE THE CLAIMS AGAINST BISD

Former Board Member Cristina Saavedra, part of the Presas-Garcia clan, consistently claimed there were too many children receiving assistance for special needs.

From the Washington Post:  The Washington Post built their story from the original in the Houston Chronicle.

"An investigation by the Houston Chronicle has revealed that unelected state officials in Texas “arbitrarily decided what percentage of students should get special education services” more than a decade ago and then began auditing school districts that did not comply."

"If Texas provided services at the same rate as the rest of the U.S., 250,000 more kids would be getting critical services such as therapy, counseling and one-on-one tutoring."

"The newspaper’s reporter, Brian Rosenthal, found that state officials set a cap of 8.5 percent of students who should receive special-education services, far lower than the national average.

"In 2015, the 8.5 percent was reached for the first time, dropping from 12 percent a dozen years ago, the newspaper reported. "

This has been an ongoing issue with BISD for 12 years.  Dr. Sylvia Atkinson started to call out those administrators cutting or denying services, so she was fired.  She was the first Adminstrator to demand children get the services they need, and Desesperanza Zendejas fired her because the money was needed elsewhere, like for pay raises for those willing to go along with her incompetence.

TO MIKE HERNANDEZ THESE ARE YOUR PEOPLE DENYING AN EDUCATION TO SPECIAL NEEDS CHILDREN

Do an open records request Mike for the last 12 months on the SHARS monies that normally went back to the department to help fund after school initiatives and extra support for our special needs students. As is your want Mike you make a big deal about helping the special needs children, and then financially back those taking from the special needs children.  

I suspect sooner than later a lawsuit will be filed against Texas on this issue, and hopefully all school districts which have played along.  






ITS ABOUT TEMPERAMENT, NOT INTENT

I have made it clear that Judge De Coss' intent is to prevent Gamez from having any basis for an appeal  from the jury's verdict.  Now mind you if Marisa Hernandez gets jail time there will be an appeal, but not because of anything Mary Tipton's husband has done.

And here is fact I have not disputed or put into issue, Mary Tipton the women left to die when it comes to matters heard by court initiated either by the state or defense counsel, Mary Tipton is getting justice.  But that is not the problem.  The problem is Saenz is intentionally not developing the case, and on that issue Mary Tipton is not getting justice.

I have twice posted stories on how the lawyers do not like Rincones because of her bad temperament. That has been my theme.  A judge with a bad temperament cannot be reasoned with, with the law. That is what makes them dangerous as judges.  But a judge not very well versed in the law with a good temperament can be reasoned with if you bring them the case law.  This is why the latter are the better judges.

I want to make clear, District Clerk Eric Garza is doing exactly as is expected of him. He controls the files, not the judges.  On this issue he has always gotten an A+.  He has not allowed himself to be bullied by the judges over control of his files.

De Coss raised an issue as to whether or not Garz was doing his job by accepting filings by Tipton. Garza did exactly what a professional would do - he went to the attorneys tasked to advice him.  He is following their advice.  All of this only shows Eric Garza remains an A+ District Clerk.  We cannot have district clerks ignoring the advice of counsel.

BUT THE PROBLEM

So now De Coss has made clear he only wants filings by the parties, namely defense counsel and the state.  So if a subpoenaed witness decides to file a Motion to Quash, what is Eric Garza to do?  He will have to make an exception.

When the press files a request to video tape the proceedings, or tweet, instead of placing the request in the file which has always been the case, Eric Garza is now under orders to not file mark the request or accept it.  When he gets an open records request he is now under orders to not file mark it or file it.

Eric Garcia is in an impossible position.  He must follow the legal advice he was given.  But is is not the lawyers who will be held accountable if they are wrong.  It will be Eric Garza - and that sucks.  legal advice from attorneys with Cameron county is the same as no legal advice.  Eric Garza would do well to seek an AG opinion on the entire matter, while making note of all the things filed by non-parties all of the time.

THE BV DOES HAVE TWO STORIES, ONE WHICH CAN IMPACT THE BISD ELECTION AND ONE ON THE OBVIOUS

Still very sick - sweating bullets - the antibiotics and bile medicine are not working at all.  Wednesday is the internal ultrasound.  I will let Cris Valadez and the IMP on another blog still obsess about me by announcing if it is a boy or girl.

Hey Cris, word is you are using Cascos office to make money on personal business deals in Mexico. You need to keep your mouth shut.  If it is true it is a felony which will take down both you and Cascos.

Sunday, September 18, 2016


THIS IS SO TRUE, IT IS SURREAL














IS JUANITO BACK ON LUIS SAENZ'S PAYROLL

During most of Saenz's first term, the BV dogged Saenz for back door deals and incompetence when dealing with domestic abuse and crime victims. For every attack Juanito went on one of his viscious attacks with facts which only existed in his alcohol soaked brain.

But then according to Saenz, because at the press conference Juanito missed - too early for a drunk to attend, concerning Lincoln Park, Saenz shook my hand for passing on key information to Mike Cowan concerning Rose Gowan's employment with UT, Juanito had a melt down and told Saenz he was now a target.  I did not believe Saenz.  No one can be that pathetic, but after years of taking Bob Sanchez's money and attacking me for only reporting the truth, for which Sanchez's insurance companies had to pay out $60,000 for Montoya's endless stories which only existed in his head, now Bob Sanchez is persona non grata with Juanito.  I think the truth is, in both cases the money ran dry so Juanito lashed out because Saenz, Sanchez and I appeared friendly.

THE LESSON OF BEING A MAN, NEVER LEARNED BY JUANITO 

Shortly after the litigation between myself and Sanchez ended, we accidently ran into each other at the movies.  He was with his eldest son.  We shook hands and let the past go.  Yep being a man is that simple.

After having his name and business dragged through the mudd because of Juanito, Sanchez went to Juanito to post more lies about myself and his soon to be ex wife.  That little excusion with Juanito cost Sanchez being held in contempt and nearly going to jail.  He finally learned his lesson that Juanito is toxic with lies and is nothing but trouble.

It is true Robert Sanchez did call me with some information on a story which in part came from Cris Valadez.  Anything coming from Cris Valadez will be rejected by the BV.  I took no interest in the story and nothing was published.

Now I did make one comment to Sanchez, that he needed to stop talking about his divorce, stay off the internet, and stay away from Juanito.  That is hardly legal advice.  As the Supreme Court has made clear twice, the state cannot regulate the private speech of it citizens when it comes to explaining how the legal system works, or even what a person's options are.  Juanito is so poorly educated, it appears he has never taken a government course.  It is standard practice by any good government instructor to teach how the system works and the legal remedies available.

But some how a phone call of me rejecting a story which has Cris Valadez as a source, and me telling Sanchez to stay off the internet about his divorce means our phones are ringing endlessly about his divorce.

I am three weeks sick.  Yesterday I took a 6 hour nap and still woke up in horrible pain and exhausted.  If I stretch my legs a huge bump appears on my abdomen of the side I stretched the leg and I scream out in pain.  Dealing with anyone's drama right now is the last thing on my mind.


JUANITO NOW RUNS TO RUN COVER FOR SAENZ IN THE DEATH OF MARY TIPTON

Juanito in his classic way accused me of changing sides in the De Coss race.  It has not happened.  The main reason I have never embraced his opponent is to an attorney they say she has the absolute worst temperament and will make a terrible judge.  But to be fair they say she may be the most knowledgeable lawyer in town when it comes to family law.  If Juanito knew anything about the election he would know this.

I really thought I had a chance at forming group of Democrats for De Coss, but the lawyers fear Rincones.  The fear she will get her way by making her court exclusively a family law court, has them very nervous.  To a lawyer they fear abuse by Rincones.  They already expect abuse, but do not want to fuel the fire.


JUANITO IN HIS PATHETIC ATTEMPT TO SETTLE A SCORE WITH ME ONLY MADE DE COSS LOOK WORSE

I made clear, Ralph Tipton had no rights as a party.  I explained that when you ask for relief you are acting as a party.  I agreed with De Coss on this issue.  I went on to say the legal opinion he cited which said he as a judge cannot file a motion in the case because that would make him a party is stupid and wrong.  But according to the drunk Juanito this is me attacking De Coss.  I went out of my way to repeatedly say his actions were for the purpose of preventing any reversible error to favor the defendant.  Again hardly an attack.  But the best of intentions does not always mean good temperament, and for me and anyone who deals with the courts, want this more than anything else from our judges.

THERE WERE NO EX PARTE FILINGS AS ALLEGED BY JUANITO

Now remember Juanito told us the indictment on Elizondo was missing and in minutes I printed it out and posted it.  Juanito's research skills are non existent,  Even then after I proved the indictment - see left column for legal papers - was for stealing two wheel chairs he continued his lie that it was for stealing lumber.

Juanito has not been to the hearings, which would explain his lack of knowledge of the facts.  Ernesto Gamez on the record thanked Ralph Tipton for providing him copies of his filings, and in fact used the depositions of the defendant's family members to try and argue for dismissal of the charges.  This is proof of no ex parte filings.  Not one document was alleged to have been filed ex parte.  It is sheer fantasy in the alcohol soaked brain of Juanito.

THE PROBLEM

Sources within the county attorney's office, where Eric Garza went for advice before acting on any of De Coss's commands, which is why Eric Garza is an A+ District Clerk - it is his office and not the office of the judges.  The county attorneys appear on the fence as to part of the problem but certain as to a key problem.

What bothers me about De Coss is, when trying to discover Ralph Tipton's rights as a crime victim he should have started with § 30 of the Texas Bill of Rights where Ralph Tipon's rights are clearly outlined.  De Coss not knowing this according to Juanito is not a reason for victim advocates to pause and think before they support his election as a judge.

There was zero need for time consuming legal research on who is a party in a criminal proceeding.  had De Coss simply cared enough to read the Texas Bill of Rights for Crime Victims he would have read the last sentence says, the victim cannot act as a party in the case.  "A victim or guardian or legal representative of a victim has standing to enforce the rights enumerated in this section but does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge."

This is my core problem, De Coss' lack of interest in getting educated about Victim's Rights.

Where the county attorney's are uncertain and I would not be surprised to see an AG opinion on the issue is, what about filings where the person is not making themselves a party by asking for relief, but simply informing the court of problems with the DA in not developing the evidence.

The BV did not make a big deal of Judge De Coss denying Ralph Tipton's Motion to enforce his Victims Rights. Texas gave victims rights, but no remedy to enforce them.

But where we are at, at this time is the county attorneys continue to work on the issue of whether the district clerk must file all documents submitted to the clerk, and then allow for the court to decide if they are acceptable. De Coss has opened a messy door. The press files letters all of the time asking for permission to film proceedings, or to tweet. Open records requests are filed with the district clerk and become part of the file.

I feel bad for Eric Garza because I expect him to follow the legal advice of the county attorneys, but if he refuses to accept any filings by Ralph Tipton which do not seek relief, but accepts filings from the press to cover the proceedings live or through tweeting, then he is opening his office to a lawsuit. Eric would have done nothing wrong. He has no choice but to follow the legal advice of the county attorneys. He is following proper procedure. He can also seek an AG opinion, which while not binding, would provide him cover for following the legal advice of the county attorneys.

But this all should have been handled with Saenz or Gamez filing a motion to strike Tipton's filings, with notice and opportunity to respond so Tipton could create an official record for his actions. This is basic due process and lost on De Coss which is why I seriously question his judicial temperament.

WHAT DID DE COSS ACTUALLY DO?

Without implying any thing specific about this case, De Coss has now created a rule that if a victim of a deadly crime of a family member discovers clear and convincing evidence of a bribe involving the DA to intentionally blow the case, the victim's family will be punished for informing the court of same with documented evidence. This is why special prosecutors are appointend. De Coss has done the unforgiveable - he has given Saenz cover for intentionally blowing certain criminal cases.

If this is the best Cameron County can do for a District Judge then we are royally screwed.





Saturday, September 17, 2016


KEEPING THE HATERS HAPPY

Well this abscess is not only not getting better, it is getting worse.  They are doing everything they can do to drain it, but it keeps on refilling.  So I am being told it will be late November early December before it heals.  Which means no pool.  The pool is my therapy.  It relaxes me.  Swimming is my main exercise.



Friday, September 16, 2016


TAKING DAY OFF - JUST WAY TOO SICK

The cold is morphing into a sinus infection.  I am already on anti-biotics for the abscess.  I cannot eat because it causes major pain in the stomach, and the areas of the liver  and pancreas.  I am scheduled for an internal ultrasound next Wednesday.  The doctor believes the two gallbladder surgeries and bile duct repair have damaged the sphyncter around the bile duct.  The good news is, UPS send me a note telling me the medication to control the bile will arrive today.

The abscess as of this morning is not healing.  The need to numb the area before the cut earlier in the week was 1/10th the pain of the doctor stuffing the open abscess with new gauze today.  I am not one to yell out but I did.

So I am off to bed.

There  is a lot happening.  A reliable source is telling me Mike Hernandez is now ready to sue all of the bloggers to shut us down so he can do his business.  The source is one of his employees.  Good luck with that Mike - because there is now enough evidence to link your work to BISD for the bloggers to file a § 1983 against you and BISD if you even try.  Is this why you never bothered to have Jerry served with the lawsuit?

BISD staffers are working hard to find out who is working with Mike so they can leak the evidence. They want everyone associated with Mike out. They cannot believe the power he is trying to wheel. They are told to ignore it because it is just Joe Rodriguez taking him for what he can before they dump him.

It was no great secret among the politicos that Jose Angel Guiterrez gave Mike Hernandez a tongue lashing that he either dump Carlos Marin or Guiterrez would walk.  Well Guiterrez is no longer listed as part of OP10.33.  OP10.33 insiders are all willing to talk.  Many are tired of the tirades and demands to take down anyone who opposes him.

Mike is officially a persona non grata within the BISD rank and file.  Any candidate caught taking money from Mike will find the BISD rank and file uniting against the candidate.

There is so much happening.  Mike failed to vent people for their abililty to keep their mouth shut.  The Titanic had fewer leaks than OP10.33.

Thursday, September 15, 2016


DE COSS SHOWS POOR JUDGMENT AND HUMILIATES SELF IN THE MARY TIPTON HIT AND RUN CASE

De Coss acting with the intent of preventing any reversible error in the criminal case of Marisa Hernandez makes a fool of himself, shows a lack of proper legal research while wrongfully trying to prevent Ralph Tipton from filing documents in the case.

I get that De Coss is just trying to keep the case real clean and to avoid an issue on appeal because Ralph Tipton is informing the court of the evidence DA Saenz is not collecting to use in the case.  It would be surreal at this point for anyone to believe De Coss does not know Saenz is intentionally trying to blow the case.  So it bothers me he wants to ignore well established practices to keep Ralph Tipton from creating a record of the evidence Saenz is ignoring for use by the FBI in a formal criminal investigation against Saenz.

It is common practice that all communication to the court are filed by the district clerk even if it is letter from a reporter for leave to blog or tweet or record the proceedings.  These documents are not pleadings seeking relief.  open records requests to the court from third parties are routinely filed by the District Clerk. They are put into the official file which is never, ever seen by the jury, to insure all sides know about all communication to the court.  This is a common practice I have seen and participated in for over 26 years.




THIS LETTER [IN FACT ORDER BECAUSE IT IS ENTITLED MEMORANDUM] MAY HAVE DISQUALIFIED JUDGE DE COSS FROM REMAINING AS THE JUDGE IN THE CASE

Eric Garza is an A+ District Clerk and he really needs to seek competent counsel before he agrees to cooperate with De Coss in banning Ralph Tipton from filing anything in the case of Marisa Hernandez.

In the letter Judge De Coss asks that Ralph Tipton not be allowed to file matters in the case and Judge de Coss cites a mandamus known as In Re Amos out of Dallas.  He correctly quotes the case as stating parties to a criminal case are the state and the defendant and "no third party my intervene."

I know for a fact Judge De Coss never read the opinion, because the opinion says he as the judge cannot do exactly what he did.  The mandamus was against a Judge who filed a Motion for Reconsideration of his recusal in the case.  The Court of Appeals found his motion made him an intervener and that is not allowed.

The De Coss letter goes on to say "The Court can file a Motion to Strike the documents that were filed."  The In Re Amos opinion which I will post for your own consideration is just plain stupid. Their analysis should have ended concerning the rules of recusal.  But instead they got into a dangerous area about whether or not a judge who files a Motion in a criminal case becomes an impermissible party.  It is an incompetent stupid opinion.

Judges all over Texas have the right to take matters up on their own motion.  So In Re Amos is just wrong as to the judge not being allowed to file a motion because he is not a party.  They are correct as to the rules concerning recusals which is why they should have stopped at that point.

HERE IS WHERE DE COSS MADE A FOOL OF HIMSELF

He cites a case wherein it is held in criminal cases third parties may not intervene.  Well Ralph Tipton is not intervening, he is not asking for any relief which is what an intervener asks for, he is simply creating a record of the evidence so Saenz cannot claim ignorance of same at the end of the trial.

The case he cites is against a judge for filing a motion in a criminal case, and then De Coss in his letter to District Clerk Eric Garza says he is going to so exactly what the court found he could not do. For the record the appellate court is dead wrong.  But that is not the point, De Coss relied on the opinion to wrongfully justify his actions.

In his letter he states "the Court [judge go back to your brief rules - you only capitalize court when referring to the Supreme Court] can file a motion to Strike the Documents that were filed."  My brain may be fading fast from atrophy, but I am still sharper than most attorneys and judges - why because when it comes to justice there is no room for mistakes.

The next problem is Judge De Coss actually issued an order by calling it a memorandum, without giving Ralph Tipton notice and opportunity to respond.  Judge de Coss should have had Ralph Tipton served with a Show Cause Order as to why his filings should not be stricken, with a date and time to appear.  Judge De Coss just outright denied Tipton's constitutional right to notice and opportunity to respond.

If Eric Garza goes along with de Coss he could find himself on the wrong end of a mandamus, which will damage an otherwise stellar performance as our District Clerk to date.

Again I get De Coss is trying to prevent a basis for Gamez to appeal.  But the jury never sees the file. Further all communications from the press or any third party are always filed with the case so as to avoid any claim of improper communication with the court.  This is a standard practice Judge De Coss seems to want to stop.

Now I am done, with this level of sloppy work by De Coss, I am pulling my endorsement.  The rules matter.  And when a judge goes to an opinion which says he cannot do what he is doing and uses it to deny a victim his constitutional rights, we have a major problem.  Cameron County can do better than Judge De Coss,  Again, there was no nefarious intent on his part - just shear incompetence without concern for constitutional rights which are basic.

Click for In Amos