Monday, September 19, 2016


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.

2 comments:

Anonymous said...

I heard that Detective Clipper gave the full video to the DA and it has been shortened to I believe 3 minutes or hours not sure which. So if this is the case someone tampered with it. Shouldn't someone lose their job due to this? Second, its pretty obvious to everyone she's guilty, so shouldn't she get time already due to the overwhelming evidence?

BobbyWC said...

there is no clear evidnce as to who shortened the tape. It was under detective Clipper's control. DA Saenz is going to do nothing against those who aided in the failure to rendere aid or who alterened the evidece. This case desperately needs an independnet prosecutor. De Coss insured that will never happen. There will no jutice for Mary Tipton.

BObby WC