Sunday, September 18, 2016














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.





5 comments:

BobbyWC said...

My problem with your comment is consistent. Consistent with backing one person or consistent in writing the truth even if it means making someone looking good on Monday but a new story on Friday which makes them look bad. We should never lock into a person. We should lock into the story no matter where the axe falls.

Juanito is bought and paid for - no one doubts that. Cata Presas-Garcia has paid him $350 this campaign to be his attack dog. It will not work well for her reputation. She will still win because of the plurality rule, but it will be closer than it should be because Juanito is going to force people to remember why they dislike her. And for the record, the fact I am not pushin anyone in that race, should tell you just how poor the choices are.

Bobby WC

BobbyWC said...

somehow this story is posted twice - no idea why other than I had a lot of problems with blogspot when I was doing the story. My above comment is in response to the following which was approved for a different version of this story.

"Anonymous said...
It wouldn't surprise me. Juan always goes back and forth concerning stories which only makes him look bought or severely bipolar. First he tells us stories on the sheriff's dept concerning The Reyna brothers and Omar Lucio's incompetence and now he's making him look like a victim and a stand up man. I for one don't understand how he can publicly do that. Where's your self respect? How do you expect people to trust what you write if you keep shifting sides? At the very least be consistent.
September 18, 2016 at 4:37 PM
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BobbyWC said...

Pat you and Juan are the same person - you must hold on to old grudges until you die. Your comment is rejected. Further, business owners have told me you have pulled BocaNegra's signs when they refused to pull one of his opponent's signs. They also said you said you would make sure none of your supporters use their business. You will never ever change Pat - get a life -

Bobby WC

Anonymous said...

Removing political signs is a crappy thing to do for many reasons but mainly because they cost a lot of money and some people like Bocanegra are self funded. Isn't that illegal? Shame on you Pat.

BobbyWC said...

You miss understood what I wrote. Many businesses allow all candidates to posr sugns. Bocanegra and Pat chose to remove Bocanegras sign because the business owner would not take down Bocanegra opponwnts sign.