Thursday, September 1, 2016


IS SAENZ INTENTIONALLY THROWING THE CASE AGAINST MARISA HERNANDEZ?

Yesterday I could not help but notice Marisa Hernandez's lack on interest in her case.  Yesterday Ernesto Gamez and ADA Guzman looked Judge De Coss in the face and lied to him.  This case is so corrupted, I do not believe how honest and hard working Judge De Coss is, justice will be done. Judge De Coss cannot force DA Saenz to do his job.

Saenz is intentionally not obtaining the evidence needed to prove this case.  Thank god Judge De Coss found the evidence which went missing under Detective Clipper was not material and therefor not a basis to dismiss the case.  

I am hesitant in what I will say about Gamez because after reflection of his performance I am not sure he is healthy.  He would get lost in his argument and his daughter would have to finish his sentences. Judge De Coss would have to ask him "anything further Mr. Gamez?"  more than once.  Gamez was not being rude.  His head was down and seemingly oblivious to what was happening.  So his health may be a defense as to whether or not he lied to Judge De Coss.

He complained about Ralph Tipton filing the depositions of many of the key witnesses with the court.  ADA Guzman claimed he did not have them prior to that because he was waiting on permission from Ralph Tipton to get them.  Bullshit - all the DA has to do was issue a subpoena to get them.  It was an outright lie.  I asked Mr. Tipton about the claims and he said the DA never asked for the depositions and that he filed them with the court because he was  concerned the DA was not doing his job in collecting the evidence.

Gamez on the record thanked Mr. Tipton for giving him the depositions and in fact used them to try and get the case dismissed based on spoliation of exculpatory evidence - namely the defendant did try to render aid.  Judge De Coss found an hour later is not immediately as a matter of law and denied the motion.  But then at the end of the hearing Gamez accused Tipton of filing the depositions ex parte. Gamez had already admitted to getting them from Tipton so they could not have been filed ex parte.

Judge De Coss gets an A+ for how he is handling this case.  But he needs to read Judge Hanen's orders in the Obama immigration case to learn his powers in dealing with less than forthright attorneys.

This is a very tricky area for the judge.  He cannot take sides - that would be highly unethical.  But he also needs to insure his court is not being used to commit an injustice or fraud.  Saenz is doing both.

I will bet the farm, Saenz will not have blown up pictures of the parking lot where Ms. Hernandez could have immediately parked to call 911 IMMEDIATELY after the impact.  I will bet the farm the video of the impact will not be sent for enhancement so the jury can clearly see who was driving and that it was clear she hit a human.

Had Judge De Coss not found an hour later is not immediately the missing evidence which went missing under the control of Detective Clipper would have resulted in dismissal of the case.

Ralph Tipton's lawyers need to take this to the main FBI office in San Antonio and Washington. There is zero chance the corrupt local office of the FBI will do anything.  They know if they touch Saenz he will go public with the request he not prosecute Oscar de la Fiente.  Such a disclosure would result in Villalobos walking out of jail and the DOJ lawyers involved possibly being prosecuted.  Because of this Saenz is immune from all criminal conduct.  

Judge De Coss is in a near impossible position.  He cannot take sides, or do the job of either side, but if he sees his court is being used to execute an injustice or fraud he can take action against the attorneys involved.  He needs to have a hearing to insure all evidence has been collected and produced to Ernesto Gamez.  Gamez has claimed it has not. This will give Judge De Coss insight into just how little Saenz cares about developing this case.  The mere hearing may be enough for Saenz to do his job.

It is a simple in chambers hearing.  The ADA piece by piece ID;s the evidence and Gamez says he has it or does not.  Judge De Coss will then learn if his court is being used to commit an injustice and fraud.  When he sees what evidence has not been produced, he will know his court is being used for an injustice and be fully within his rights to have a hearing on same.







6 comments:

Anonymous said...

Dear Sir,


I often read your characterization of others, your take on things, your request for prosecution against others and your demands for elected officials to step down.

At times, you raise valid points and open our minds to things unseen. My question to you is: Why are you not serving our community as an elected official? Why not take the bar again....and a few years later, be our DA or a Judge. I'm certain that with your vast knowledge of SO many things, you would serve us well.

Best Wishes!

Anonymous said...

Bobby are you going to the neighborhood watch meet tonight a Jessica Kalifas house, she has called a meeting to the neighbors, because someone broke into her car... But before that she had exclude her self from the neighborhood watch, because it was a conflict of interest because she is a commissioner, then she how's and calls us that she is having a meeting, because what happens. She even said she did not care if she is being investigated.Did you get an invite?

BobbyWC said...

Well actually litigation is underway to reinstate my license retroactively. It is actually quite heated. But to be fair, it is hard to serve as an elected official for more than one term. Politics bites every honest person in the ass. I guess it can be done, but who knows. People have no idea what I do day to day and how much work I do all over the country helping organizations and people and effectuating change. Yesterday a Regional Administrative judge stopped a mandamus I was filing with the court of appeals because she knew she was dead wrong and in clear violation of the law. She rescinded her orders before the court of appeals enjoined her. I made a difference. But if i had a license she would file a complaint against me for going after her. Thank good UPS lost the package. had they not lost it the injunction would have issued before she rescinded her orders and I would have had the official win, but they would have cashed the $165 check. I was on the phone with UPS trying to find the package at 4:30 when I got the email she rescinded her order which then allowed me to tell UPS to just return the package because it no longer needed to be filed. the day i get my license back the State Bar will silence me as to the corrupt judiciary. I do more this way.

As a public servant you are one vote and always being pressured to compromise to the point you have no moral compass. The street fighters do more for society than the elected officials.

Bobby WC

BobbyWC said...

Without agreeing this post is real, I can say after 5 years of living in this neighborhood, she is the only victim of crime i have heard of. Well the drug dealer who used to own a house on my street had three houses broken into in one night so he sold two of them including the one on my street.

How is it she is constantly the victim of crime? I have a neighbor who will ring my bell in the middle of the night to tell me I left my garage open. I come home from HEB and the garage is open and i have never been robbed. Now i do have sensor security but other than the UPS guy throwing something through the secure gate, nothing ever shows up. I think twice kids jumping the fence and going in my pool in the middle of the night but being robbed never.

Bobby WC

BobbyWC said...

the comment about the crime watch I now believe was and is bogus. I was just sent video of Jessica at the meet and Greet for Presas-garcia which means the crime watch meeting is a lie. this is why i am so careful about anony BS posts. But my claims about crime in our area stands.

Bobby WC

Anonymous said...

Jessica is an idiot who got lucky enough to hold office thanks to Tad. She won't be so lucky next time.