Thursday, October 13, 2016


HERALD TAKES LEAD FROM BV, SECURES THE RECORD AND PROVE SAENZ 'S OFFICE AGREED TO THE MESSED UP JURY CHARGE IN THE GONZALEZ' CASE

I am telling you the indictment of Marisa Hernandez in the Mary Tipton case is messed up so she can get off.  Judge De Coss without overstepping his bounds as a judge made note he had no control over how the DA phrases an indictment.  This forced Saenz to reindict, but it is still bad, and Marisa Hernandez will walk.

The group which formed for the victims of Saenz during the election needs to bring all of his victims together and get at least 100 people in front of the FBI officer demanding the indictment of the head of the local FBI and DOJ offices and Saenz.  This will make national news.  I can tell you the top officials in Washington are aware of the constructive blackmail Saenz has over the local FBI and DOJ over his failure to prosecute Oscar de la Fuente at the FBI and DOJ's request.  It is not that they do not care, but that to act will do more damage to justice in their eyes than good.

A HISTORICAL POINT

When I taught at Houston Community College I would have my students read an excerpt from the Congressional Report on the Iran/Contra Affair.  They made a very telling finding.  Effectively they said sometimes national security requires certain acts which may be illegal be overlooked.  It is written at about an 8th grade level in big print so it was an easy 2-3 pages for the students to read.

This is how our government works, and I needed for my students to understand the truth.

THE HERALD PICKS UP ON THE BV AND GETS THE RECORD

Remember all of the uninformed voices blaming Judge Cornejo-Lopez for the jury mistake in the Gonzalez case.  Well the record shows her shock at the DA going along with Gamez as to the con to confuse the jury.

Judge Lopez's statement to ADA Guillman when the charge was changed concerning concurrent sentencing. "Hold on. You’re willing Mr. Gilman — the state is willing to remove that sentence and go with the defense charge?” Judge Elia Lopez of the 404th District Court said.
“Yes. … I don’t have any objection to their charge if they want to use (it),” Gilman said."
This case makes it even more confusing because it says the judge decides consecutive or concurrent, not the jury.  But it does not say what Gilman claims it says.  It says Due Process does not require the proper instruction, but does not say it cannot be included.

The law changes all of the time.  Judges are free to change jury verdicts which invade the province of the court.  If it was for Judge Cornejo-Lopez to decide consecutive or concurrent, she was free to overrule the jury on the issue,  If she does not the DA is free to appeal on the issue.

I am not willing to do the research on the issue.  But based on my research there was a time this was the sole province of the judge.  These are muddy waters and I am not willing to do the detailed research because I do not have the complete transcript of the discussions.  If it was for Judge Cornejo-Lopez to order concurrent or consecutive she had to do at the time of sentencing. If she refused then it is for the DA to appeal.

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