Friday, March 31, 2017


SORRY NOTHING HAS CHANGED SINCE YESTERDAY, BUT A FEW CLARIFICATIONS

GENERAL FLYNN IMMUNITY

Elsewhere where facts are deemed only good for toilet water, I will tell you in the Russian inquiry, General Flynn asking for immunity means nothing.  While the matter is serious but funny at the same time, I do believe there are some who are prepared to indict a ham sandwich in order to damage Trump.  An innocent act or mistake can be turned into a felony charge which under normal circumstance would not even be considered by prosecutors.  So in a case like this every competent attorney will tell a client like General Flynn to demand immunity.  It is like putting on underwear in the morning - it is normal and means nothing.

But like the trash journalism which owns all national outlets and the blogs, a headline of Flynn asks for Immunity means he is guilty is nothing more than a hot headline to bring you unto a bullshit fake story.

THE SENATE THREE STOOGES ACT

Yesterday Senators and news media where shocked Russian operatives were used to place fake news stories in fake twitter accounts and news sources. I laughed so hard I pissed my pants.  The fact our Senators are feigning ignorance to this practice tells me they are play games to make Trump look bad or they are incredibly stupid.  This has been the reality for years.  Both main political parties do it every day.  I have blocked their fake news from my FB page.  I look at CNN as a good joke.  Their headlines are basically misleading to draw you into a non-existent story.  

LOCALLY - NOTHING NEW

Yesterday Castro posted to his FB page  he is open to talking with everyone, unlike his opponent Rose Gowen.  Well this statement is true except for the 100's of Brownsville residents he blocks because they will now bow down and worship him.  This is the election.  It is all bullshit and if you want to change Brownsville vote a blank ballot and tell all of your friends to vote a blank ballot. The numbers will show up in the tally.  When they compare the number of votes to the number voting for a candidate they will see how many blank ballots were cast.  The candidates will know and then maybe in two years qualified people with real ideas will run.



Thursday, March 30, 2017


TODAY IS A RECYLCED NEWS DAY, SO NOTHING TO REPORT

It blows my mind how many national newspapers and sources there are and the news is mostly just recylced from the day before. Locally, there is nothing.  The COB candidates have not an idea on the table on how to improve things.  Replacing failure with failure is not an option.  The corruption continues because people do not care.  So I am off to the beach to fish, now that you know all of the news.

Wednesday, March 29, 2017


BLOGS, NATIONAL NEWS, LOCAL NEWS, ALL THE SAME

"Drain  the swamp": resonated with a lot of good people because people know at every level of government and news coverage everything is broken.  Trust me if your source is Fox News, I will walk away from the conversation, but I will also say CNN is such a junk news service, I have no idea how anyone of integrity can associate with them.  They post endless misleading headlines to get you to read a story which actually does not exist.

Blogging like national and local news report is not much more than a trained monkey to type nonsense.  People enter the conversation and agree or disagree not based on facts but based on their preconceived ideas.

My politics for the most part are with the left.  But you know what I give a hats off to Governor Abbott for bringing us a workforce training center.  The label of Republican means nothing to me.  Jobs are good for the people and you get to jobs through a workforce training center. The Democrats never gave a rats ass about us on this issue, so the credit goes to Republican Abbott.  But this does not mean I will not go after him on other issues.

You know you are dealing with a pathological liar and con artists when they say their job is to go after the politicians as a blogger and then makes Rose Gowen into a sacred cow.  Trust me this is the only election I get to vote in and I am voting a blank ballot.

Rose Gowen failed to disclose she worked for UT when she voted to effectively give away Lincoln Park to UT.  The BV broke that story through a very reliable source.  Rose Gowen claims to be a doctor, but no matter how many times it was brought to her attention she ignored the dangers associated with people from Brownsville buying antibiotics in Mexico without a prescription.

Mexico saw the issue of the super bugs being caused by antibiotics and passed the law Rose Gowen would not even speak to, banning the entry of antibiotics into Brownsville from Matamoros without a prescription.

Hep C., HIV and HPV are major health problems in Brownsville. Although asked to use her position as a doctor and city commissioner to educate the people on these issue, she remains silent.

I can go on and on about her failures.  I have never attacked her for the issue of bike and walking trails because I think they enhance Brownsville.  Now the bike lane next to the zoo is a hazard and will get someone killed.  But otherwise you will not hear me complain.

So my question is, when a blogger ignores all of her failures, you know they are a con artist when they say they go after candidates because they do it to everyone, but are dead silent on Rose Gowen. Who is paying them?

I have made it clear, I am not endorsing or supporting anyone in the May election because none of them have anything to say about the issues which relate to meaningful change and growth in Brownsville.  My position has been firm and well documented for months.

My advice to everyone is, stop reading the blogs, they are either biased or based on pay to get what you want said.  The news media is the same.  Everyone has an agenda.  The BV will not deny it has an agenda.

In the Tipton case I asked for justice for both sides.  The BV was the first to immediately endorse and accept the jury verdict, and in fact went so far as to say based on the jury charge would have found Marisa Hernandez not guilty.  That is honesty.  But then I documented the case law which shows the jury charge was bad, which merited a mandamus.  I gave the Court of Criminal Appeals opinion showing the prosecutor can take a mandamus against a trial judge for a bad jury charge.  This is called balanced reporting.

This morning I was told Saenz personally called the Tipton family and told them the following case law does not exist.  Guys, nothing is going to change.  No one cares about the needs of the people. The Dems are idiots and continue to ignore the people by failing to come up with a real solution for the problems facing the Affordable Care Act in hopes when it fails the Republicans will take the hi. This is not serving the people.   So in March of 2018, I will vote a blank ballot in the Democratic Primary and then a blank ballot in November 2018.

Very clear, prosecutor can take a mandamus against a trial judge for a bad jury charge.  Saenz told the Tipton family this case law does not exist.  Why?

""In an opinion dated January 16, 2013, the Court of Criminal Appeals conditionally granted mandamus relief and ordered us "to grant mandamus relief directing Judge Keeling to submit the § 7.02(a)(2) theory of party liability in the jury charge and to submit the § 7.02(b) theory without requiring the State to show that Falk should have anticipated the particular method by which the murder was carried out." In re State ex rel. Weeks, 391 S.W.3d 117, 125-26, (Tex.Crim.App.2013) (orig. proceeding)"

Tuesday, March 28, 2017


FOR CATA PRESAS-GARCIA - A WIN AND A LOSS IN HER FEDERAL LAWSUIT AGAINST BISD

For the most part she has lost at every level, save one.  On this one if BISD holds the court of appeals will find if Peña and Lopez actually defamed Presas-Garcia, it does not matter and immunity applies because it happened during legislative session seeking legal advice from their counsel.

The loss in the latest order was Judge Hanen found even if BISD attorney Baltazar Salazar defamed Presas-Garcia it was in his capacity as BISD counsel during a proceeding (executive session), and he is thereby absolutely immune from suit.  Bottom line is Salazar had his summary judgment for dismissal granted.  I do not like attorney immunity because under the rules an attorney to distract a jury can look a perfect stranger in the face who is observing the trial and point to that stranger and say "he raped and killed the child."  Now while the attorney may face sanctions for his actions, the victim of his words would have no remedy against the vicious attack.

The win was against Peña and Lopez.  Judge Hanen agreed there was no evidence in the transcript or the tape of the executive session to support Presas-Garcia's claim of defamation.  But he also found that the tape was not always audible so it was therefore not conclusive evidence, thereby leaving a fact question for the jury.

So on this one question the BISD taxpayers will continue to pay.  She has lost over and over again in this lawsuit with the taxpayer picking up the bill.

In the end the court of appeals will send her packing on immunity. We cannot have a vibrant legislature if one can sue the other based on a claim of defamation while during a legislative session. The good news is the cost to the taxpayers will in the end keep her from ever being elected to public office again.

JUDGE HANEN'S REASONING IS FLAWED

On the issue of whether there is a fact question because the tape is not completely audible, I am fine with that.

But Judge Hanen will be reversed because assuming the claims are true that Peña and Lopez accused Presas-Garcia  of criminal conduct, the transcript as conceded by Hanen shows counsel Salazar was advising his clients.  The law is clear.  Judge Hanen cannot look behind the statements and attribute motive.  Judge Hanen in what must be qualified as a political decision decided to interfere in BISD affairs by finding that a jury can look behind the motive of a legislator's statement during a legislative session and hold them accountable.

In a case involving then Governor Rick Perry the Court of Criminal Appeals said no.  The reason for no is simple.  If you have to worry your debate comments can get you sued, then your willingness to debate will be curtailed.

Think about it. Judge Hanen ruled that if during executive session trustees raise the issue of possible criminal conduct by a fellow trustee so as  to be able to seek legal counsel on the issue, they can be sued.  This is just bizarre, and Judge Hanen will certainly be reversed unless this Board settles to just bring this to an end.

"Texas and federal courts have recognized that individuals acting in a legislative capacity are immune from liability for those actions.   See, e.g., Bogan v. Scott-Harris, 523 U.S. 44, 46, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998);  Camacho v. Samaniego, 954 S.W.2d 811, 823-24 (Tex.App.-El Paso 1997, pet. denied).   The legislative immunity doctrine is deeply embedded in Anglo American law, serving to encourage free and open debate.   See Bogan, 523 U.S. at 52, 118 S.Ct. 966.   The doctrine is not intended to protect individual legislators, but instead serves the public's interests.  Tenney v. Brandhove, 341 U.S. 367, 373-74, 71 S.Ct. 783, 95 L.Ed. 1019 (1951).   The United States Supreme Court has articulated the critical concerns that underlie the doctrine:


[T]he threat of liability can create perverse incentives that operate to inhibit officials in the proper performance of their duties.   In many contexts, government officials are expected to make decisions that are impartial or imaginative, and that above all are informed by considerations other than the personal interests of the decisionmaker.   Because government officials are engaged by definition in governing, their decisions will often have adverse effects on other persons.   When officials are threatened with personal liability for acts taken pursuant to their official duties, they may well be induced to act with an excess of caution or otherwise to skew their decisions in ways that result in less than full fidelity to the objective and independent criteria that ought to guide their conduct.
Forrester v. White, 484 U.S. 219, 223, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988) (emphasis in original)."

Monday, March 27, 2017


TO RU PAUL I SAY "WHAT A BUNCH OF HORSE HOCKEY"

Today I had a conversation with a man whose politics by label, not words, are the polar opposite of mine.  We never got into labels and had the most pleasant conversation.  We both agreed the solution to our country's problems is building a wall around Washington and locking them in.  We agreed on just about everything.  Why?  We talked specifics and not the nonsense associated with political labels.

I am so, so tired of labels.  I understand some important discussions cannot be had without labels, but I think it is better to say, people associated with this group or that group is better than saying black, brown, gay, lesbian - whatever.  The label dehumanizes the person and makes them into the label.  You are human first, and part of a subgroup second./

OKAY RU PAUL

I do not know a time when straight women did not go to gay bars to see male strippers.  In fact in some bars the strippers may be straight, but in those cases the rules are stricter on how you can tip them.  Some straight guys for $5,00 will allow a man to put it down his G-String.

Ru Paul has his panties all up his ass because young women who admire his make-up techniques ask for advice.

"“So I’m a brown-skinned gay man,” he continued. “You know, I do drag. Early on, I learned that I could do it well and make money. So people automatically ask me about beauty tips. And I get kids who write me and say, ‘I wish you could do my makeup for my prom?’ Or, ‘I wish you could do my makeup for my wedding?’ I’m like, ‘Bitch, I’m not a makeup artist. I’m an enter-taint-er! OK?’”

Source:

The only bitch is Ru Paul.  If you know how to do something well and someone asks for your advice you either say thank you for noticing my skills, but I do not give advice, or help them.  But to his answer I say Horse Hockey.  Get over yourself.

Straight people have always gone to gay bars and this new voice of not wanting straight people around is Horse Hockey.  

So just shut your pie hole bitch.


Sunday, March 26, 2017


COURT OF CRIMINAL APPEALS UPHOLDS USE OF PETITION FOR WRIT OF MANDAMUS BY PROSECUTOR TO CHANGE JUDGE'S JURY CHARGE


"In an opinion dated January 16, 2013, the Court of Criminal Appeals conditionally granted mandamus relief and ordered us "to grant mandamus relief directing Judge Keeling to submit the § 7.02(a)(2) theory of party liability in the jury charge and to submit the § 7.02(b) theory without requiring the State to show that Falk should have anticipated the particular method by which the murder was carried out." In re State ex rel. Weeks, 391 S.W.3d 117, 125-26, (Tex.Crim.App.2013) (orig. proceeding)"

As the BV noted, DA Saenz needed to take an emergency mandamus once Judge Bañales ruled in favor of the spoliation instruction but before jury deliberations.  The above case from the Court of Criminal Appeals makes clear the BV was correct.  DA Saenz failed to protect the due process rights of the victim and he did it intentionally.

I will remind Saenz, during the Villalobos trial at the BV's prodding the Assistant US Attorney asked the then DA Appellate attorney why a mandamus was not sought to stop the release of Amit Livingston.  After the question and during a break the jury asked Judge Hanen to explain the mandamus issue.  It was the lock which insured Villalobos' conviction.  It's coming for you Luis.

When I posted the comment that Saenz needed to take an emergency mandamus on the spoliation instruction I got the same moronic comments from the trolls.  I was routinely called the mandamus king because I understand how they are done. Saenz can hire me for $5,000 as a contract paralegal and I will get him his mandamus issued.

Saenz cannot be trusted to do this.  We are already working on getting the Texas AG to take the case from Saenz so it is done right.

Double Jeopardy is always an issue.  But in this case because the wrongful conduct was by Ernesto Gamez for the defense and the judge, double jeopardy will not apply and the appellate court can rule a mistrial based on the bad spoliation instruction.

The double jeopardy provisions prohibit a retrial of a case after the defendant requests and is granted a mistrial only if the prosecution intentionally commits manifestly improper conduct with the intent to provoke that mistrial. See Oregon vKennedy456 U.S. 667, 672-73 (1982); Ex parte Lewis219 S.W.3d 335, 371 (Tex. Crim. App. 2007). 

All of the wrongdoing here was by the defense and the judge.

THE KEY

This is the type case which must be argued as having been corrupted by the defense by wrongfully asking the judge for a spoliation instruction to which the defense was not entitled.  It must be argued, and this is key, as fighting for a clear right of due process for the victim.

It is clear the defense was not entitled to a spoliation instruction.

THE COURT OF CRIMINAL APPEALS - THE HIGHEST COURT IN TEXAS FOR CRIMINAL CASES

SPOLIATION

"Any federal constitutional duty to preserve evidence is limited to evidence that might be expected to play a significant role in the suspect's defense. California v. Trombetta, 467 U.S. 479, 488 (1984). "To meet this standard of constitutional materiality, [citation omitted], evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means." Id. at 489. "[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." Arizona v. Youngblood, 488 U.S. 51, 58 (1988)."

Given the fact it is a crime in Texas to leave the scene of an accident, was it apparent to Det. Clipper that the evidence was exculpatory when at most the evidence on the tape showed the Hernandez family came back after the accident to search for the dead skunk.  As a matter of law such as Judge De Coss found based on the sworn testimony of the son, Marisa Hernandez did not immediately stop and render aid.  This is an established fact independent of what was on the tape.

Second the son was allowed to testify as to what exactly the tape could have shown.  Given this established fact how could Judge Bañales have found the was no other reasonable means to obtain the same evidence?  The son testified they went and searched the area, which is what the tape would have shown.

THIS IS 100% WINNABLE, BUT SAENZ WILL NEVER DO HIS JOB

This case is far from over.  I do have a policy though, the Tipton family must be willing to lead the fight with their friends and family.  I will do the rest.  If they are on board, expect another on line petition which people have already agreed to do as a door to door demanding indictments of all of those involved in corruption of justice.

I hope to begin in a week or two with a big bang which the press cannot ignore.  It is going to take money.  I will not discuss the entire  strategy, but if things go as I expect, the first real evidence will become apparent within two weeks.

It would be best if Ralph Tipton could afford to buy a copy of the entire trial transcript, but I think we can do this on two witnesses, but maybe three.

More to come.

Please sign this petition.  Another is in the works.  The new one will be with a wide sweep of all the guilty and and a demand for immediate AG intervention.  The feds can still indict all of the key players.  This is going to take work and a lot of money.  There is an investigation which needs to begin at ground zero.  Depending on what we learn, we can blow this up.  But send a message to Saenz, and Gamez that the people are demanding justice for Mary Tipton.

Texas law actually says that a judge can corrupt a criminal trial with endless rulings to favor the accused and there is very little the DA can do.  But there is the mandamus.  It must be argued that the mandamus remedy must be used because, one there is no remedy by appeal, which is true, and two to give the victim equal due process rights as the accused.  If the victim has no right to due process then our entire criminal justice system is too corrupted to have meaning and therefore no legitimate purpose.  So please sign.  This is so much bigger than Mary Tipton.  It is about Texas giving due process rights to all victims.

I can assure you, if the right players agree to the game plan Ernesto Gamez will give everyone up before he allows his daughter Erin Gamez to lose her license and go to jail.  Erin Gamez for her part in this will be a major target.

WHY PROTECTING THE FREEDON CAUCUS, WHICH STOPPED TRUMP IN DESTROYING THE AFFORDABLE CARE ACT, IS IN THE PEOPLE'S BEST INTEREST

First, the ACA needs to be fixed.  But the fix is not possible so long as the Republicans control the House and the Senate.  We can change this in 2018.  Retaking the House is more important because it will be easier to to get a handful of Senate Republicans to go along with a House Bill.

This is not complex.  Unless you are paying cash for your healthcare you have no say in your medical care.  The insurance companies have an army of paper pushes whose job it is, is to deny you coverage based on the terms of the insurance policy.  These paper pushers at the insurance companies are the real death panels.  The Republicans deflected from this fact to keep President Obama from getting his one payer system which is the only solution to full coverage and lower premiums.

The debate about the cost of running medicare versus a private insurance company is so political it is impossible to form an objective conclusion.  We pay into medicare our entire working life, so the claim it is all government funded is false.  Medicare does not have to pay high executive salaries or shareholders dividends.  Yes, social security and the IRS are part of the process for medicare, but their part is highly computerized in the collection and distribution of money.

If you believe insurance companies are ever going to give you full coverage without a high deductible and a high premium, then you cannot be part of the conversation.  

Here is the simple question, do we want to be a nation where people die from a lack of healthcare, or a country where healthcare is universal.

And yes, you are paying for the uninsured.  Hidalgo County twice has voted down a county hospital which will serve the uninsured because the people of Higalgo County do not want to pay property taxes in cover health insurance for those who choose to not get it or cannot afford it.  

The government, which means your tax dollars, funds private breast cancer clinics for those who choose to not buy insurance or cannot afford it. I know of a young lady who hates Obama, whose husband had the option of health insurance for the family and said no, and now she uses a government funded free clinic for her breast cancer.  So you know what, instead of forcing this family to buy insurance they can afford, you the taxpayer are paying for their coverage.

In some states if you have health insurance the state taxes your health insurance to fund the government free hospitals,  This is an alternative to property taxes.  In major cities all over Texas, El Paso, FTW, Dallas, Austin, San Antonio, Houston and I am sure more, property owners fund the public hospitals which provide free healthcare to the poor and even the rich who simply choose to not buy insurance.  This is the system the Republicans want to keep.

THE FREEDOM CAUCUS MAY JUST FORCE DONALD TRUMP TO BRING MODERATE REPUBLICANS AND DEMOCRATS TOGETHER TO GET WHAT HE WANTS

The only viable solution to the healhcare problem and the problems facing the ACA as passed under the Obama Administration is giving the people the option of buying any insurance policy they want with minimal mandates as to what must be covered, or into an income based one payer system.  

The Republicans agree the more people with an insurance company the easier it is to manage the costs.  A one payer system puts most uninsured into one income based insurance company.

EVEN BUSH II UNDERSTOOD

I will never join AARP because they endorsed medicare part D.  Bush originally wanted medicare to buy prescription drugs on the free market for use in the medicare part D program.  The corporatists in the Republican Party stopped him and now we have this out of control deficit breaking law which only helps the corporations and not seniors, the budget or the taxpayers.  The VA saves a fortune by buying on the open market and then distributing medications to veterans anywhere from free to at a discounted cost.

Why are the Republicans so afraid of free competition?  Answer - it denies their handlers the profits they want.  We are a nation of free competition in the market place and it is time the American people put it to the Republicans we are going to restore that free competition in the market place.

SO IN SUM

The solution is simple.  Medicare can bring down the costs of the prescription drugs to the government and individual taxpayers by buying the medications on the free open market, and two we can fix the ACA by allowing people to buy insurance on the free open market which includes a one payer system run by the government.  Let the competition which is capitalism govern the policy and not the corporatists who oppose free and open markets where competition in the market place decides prices.

TRUMP GETS NOTHING WITHOUT A COALITION GOVERNMENT OF MODERATE REPUBLICANS AND DEMOCRATS

The Freedom Caucus will never agree to busting the budget with massive increases to military spending, infrastructure, or the Mexican wall.  So they can and will stop Trump on all of these issues.  But the Freedom Caucus will vote for massive tax cuts for the corporations because they are corporatists.  This will massively increase the budget deficit which Obama brought down significantly by the end of his 8 years.

Trump can get the healthcare reform I outlined and infrastructure which creates jobs with a coalition government.  He will not get the wall or tax cuts across the board.  I do support tax abatement for new investments which bring jobs or new companies which brings jobs.  Tax cuts or abatement must be tied to a guarantee of job creations.  The new taxes generated from jobs can help to make up for the tax cuts/abatement to the businesses. 



Saturday, March 25, 2017


RECIRCULATING AN OLD PETITION TO GOVERNOR ABBOTT

This petition came close to a 1000 people.  People need to continue.  Outside the Tipton family I have had discussions with people interested in an online and block walk petition to AG Paxton to bring the mandamus against Judge Bañales on the bad spoliation instruction..  This is so much bigger than Mary Tipton.  A careful review of the law shows the victim has nearly no rights against a corrupt DA or Judge.  This mandamus can open  that door for all victims state wide.  I will have more if the people who have contacted me decide to move forward.  For now I am leaving Ralph to heal.  Below this link I am posting what Ralph posted after the verdict.  I believe he was guided by divine providence in selecting this post.

The current petition: Click to go to Petition


JUSTICE WILL FIND ITS PATH FOR MARY TIPTON




JUDGE BANALES IGNORED THE PLAIN LANGUAGE OF THE LAW TO ALLOW MARISA HERNANDEZ TO WALK

First a lot of people asked me why I did not cover the failed Affordable Healthcare vote yesterday. The answer is simple, if you were on the internet trying to find blog coverage of the story, your home page would have had a ton of links to national news organizations on the story and zero on this one. Yea I think most people got the story by simply clicking on a link on their home page.  Plus this story was too important to be mixed in with the failed politics of Washington.

THE APPEAL  OR MANDAMUS

I know it is almost unheard of for a DA to appeal a verdict in a criminal case.  I reviewed the Texas Code of Criminal procedure and it appears Saenz's only option may be a Mandamus, which is what I said he should have done before the question went to the jury.  Saenz intentionally did not do his job.

It appears based on a review of appealable issues by the DA a mandamus remains the only viable option.

The case law is 100% on Saenz's side.  He will not use it because he is part of this corrupt deal.

THE THE COURT OF CRIMINAL APPEALS - THE HIGHEST COURT IN TEXAS FOR CRIMINAL CASES

SPOLIATION

"Any federal constitutional duty to preserve evidence is limited to evidence that might be expected to play a significant role in the suspect's defense. California v. Trombetta, 467 U.S. 479, 488 (1984). "To meet this standard of constitutional materiality, [citation omitted], evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means." Id. at 489. "[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." Arizona v. Youngblood, 488 U.S. 51, 58 (1988)."


Given the fact it is a crime in Texas to leave the scene of an accident, was it apparent to Det. Clipper that the evidence was exculpatory when at most the evidence on the tape showed the Hernandez family came back after the accident to search for the dead skunk.  As a matter of law such as Judge De Coss found based on the sworn testimony of the son, Marisa Hernandez did not immediately stop and render aid.  This is an established fact independent of what was on the tape.

Second the son was allowed to testify as to what exactly the tape could have shown.  Given this established fact how could Judge Bañales have found the was no other reasonable means to obtain the same evidence?  The son testified they went and searched the area, which is what the tape would have shown.

No my dear friends, this case was corrupted from day one.  The Washington FBI needs to bring Bañales in and then charge him with obstruction of justice in addition to violating the civil rights of both Mary and Ralph Tipton.

The ruling was clearly bad, and Saenz had his team sit there and do nothing because he was in on it.

Washington needs to put it to Saenz that he immediately files the Mandamus to get a new trial, or face a presumption he was in on the corruption.

I will admit I am not in an area of the law I am comfortable with, and by area I mean how a DA gets around corrupt and bad rulings by judges.  It is a complex area.  But it can be done. Justice belongs to both sides, not just the defendant.

Friday, March 24, 2017


MARISA HERNANDEZ - NOT GUILTY

Let me begin with I respect the jury verdict.  This is never easy.  The problem is Judge Bañales wrongly allowed for the spoliation instruction which really put the jury in a bad spot in terms of whether or not the full tape would have shown exculpatory evidence.

It is almost unheard of for a not guilty verdict to be appealed.  Saenz needs to appeal this verdict on the spoliation instruction.  This is an important issue to the jurisprudence of our state.  If Saenz fails to appeal, he is not doing his job.

The FBI is not stupid.  They know the spoliation instruction was wrong.  They know the meaning of immediately render aid.  They know Marisa Hernandez's son conceded the point.

Double jeopardy does not apply to possible prosecution under a federal statute.

Again the jury did their job with what they had.  When I read the spoliation instruction was granted I knew the verdict would be not guilty.  The jury had no way of knowing if the full video would have proved her innocence.  Based on the jury instruction, the jury carried out justice.  Remember justice is not about innocence or guilt it is about the jury having to make a fair decision based on the admissible evidence and the judge's instruction.  The jury did its job.

The question now is, will Saenz do his job and file an appeal claiming the spoliation instruction was wrong and biased the jury in a way that the verdict was tainted by the bad spoliation instruction.

MARY TIPTON DENIED JUSTICE BY JUDGE BANALES

UPDATE:

The case went to the jury before lunch.  They remain out.  As soon as a verdict is known, I will post it.

ORIGINAL POST

There is no issue Detective Clipper failed to preserve evidence in this case.  But the question is, was the evidence material?  The charge is failure to immediately render aid resulting in death.  In Texas failure to remain at the scene of an accident is a crime.  The deposition evidence given by Marisa Hernandez's son proves she did not remain at the scene to render aid.  This is separate and distinct from the fact the video clip shows she did not stop.

The online docket sheet shows the DA filed a Motion to Withdraw Evidence.  The online docket sheet I can see from home does not tell me the content of the motion so I have no idea what evidence the DA sought to withdraw.

The Herald is reporting that Judge Banales granted the defendant's motion for a spoliation instruction to the jury.  The issue is Detective Clipper's failure to secure the entire video of the accident.  While Detective Clipper should have been fired for his actions they are meaningless.  The second Marisa Hernandez left the scene she committed a crime under Texas law.  So a video which shows she came back later to search does not overcome she committed a crime by leaving the scene.  It does not overcome the key question as to the jury charge, Did she stop and render immediate aid?  She did not.
Judge De Coss had already reviewed the evidence and found she did not render immediate aid.  Why did Judge Banales reverse Judge De Coss?  How would the missing evidence have changed the fact Marisa Hernandez failed to stop, which independent of the death of Mary Tipton is a crime?

DA Luis Saenz can get the mandamus filed in time before the jury charge is formally submitted to the jury.  He will not.  This is the same question the Assistant US Attorney asked  DA Villalobos' appellate attorney when Judge Limas issued an order which was clearly outside the law and resulted in Amit Livingston a confessed killer to walk out of court.  The question was, why did Villalobos not authorize the mandamus?  Saenz might want to keep this in mind and if necessary ask for a delay in taking the case to the jury so that the court of appeals can rule. Saenz will not do his job.  This was a set up from square one.  Saenz would still have the right to appeal the ruling, but he will not.

Justice has been denied.  It does not matter if Marisa Hernandez is found guilty.  There was still a calculated plan to deny Mary Tipton justice.

Thursday, March 23, 2017


THE ORIGINAL "POLITICAL THINKING" BY GLENN TINDER IS PROBABLY THE MOST SIGNIFICANT BOOK WRITTEN IN THE LATTER HALF OF THE 20TH CENTURY 

What the hell is going on? I reread "Political Thinking" to regain focus.  Social media is by no means a scientific measure of what is happening with the American people or even the world.  But with FB through your friends and family you begin to gain an insight.

Then there is the news media, which has been reduced to repeating the same inflammatory stories over and over again from a different angle.  People, people in this country have real problems, but the national news media seems to feel they have to point out daily Trump is a horrible president and a liar.  Well if you have not come to that conclusion yet, you are probably too stupid to read anyway.

And I do not want to hear "Hillary this and Hillary that."  I did not support her and if I had a daughter I would have fought even hard against her because she is the last person I would want my daughter to look to as a role model as the first female president.

I also do not want to hear about the Democrats.  I am done with them.  You want to blame someone for Trump - blame Hillary and the Democrats.  They gave us Trump by dismissing the American people as lemonistic followers of the Democrats because Trump used the word pussy.  Well news flash for the Democrats - Bill Clinton sullied the oval office by having sex with a White House worker in the oval office, while married to Hillary.

THE LAW

It is hopeless and it no longer exists.  Lawyers as a class and judges as a class are free to do as they damn well please and there is nothing any one can do about it.  There are some good judges and lawyers, but they know if they speak out their careers will come to an end.  So they do their best to do justice when they can.

Things are so bad the Texas Supreme Court absolutely refuses to recognize federal law as to US Supreme Court jurisdiction.  In all civil cases, petitions for writs of certiorari in cases to be taken to the Supreme Court from courts of appeals or from state courts must be filed within 90 days after the entry of judgment. See 28 U.S.C. §§ 1254, 1257, and 2101(c).  The Texas Supreme Court has changed federal law to now limit the time to appeal to 30 days.  They cannot do this, but who is going to stop them?  

For certain matters the US Supreme Court and federal law require certain motions be presented to the Texas Supreme Court during this 90 period.  The Texas Supreme Court will not accept the filings after 30 days, screw federal law.  The problem -  they have no competently trained lawyers or judges.  We are at a point a political decision is made, and that is it.  They do not even look to the law.

BLOGGING

I keep on hearing why are the same stories played over and over again?  My answer is the same every time.  There is nothing new to report.  How many times do you need to hear about the Casa Del Nylon debacle before you understand it?  How many times do you need to hear about the ring mess at BISD before you understand it?  

The BV does not break many stories any more for one simple reason.  I have spend a lot of money researching evidence and buying documents through open records.  No one cares - we have a police chief running cover for officers who turn a blind eye to prostitution so long as they can get a little head for free.  We have a police chief who promotes officers who compromise evidence in wrongful death cases.  We have a police chief who bends over on command by Saenz and refuses to file the proper paperwork in criminal cases because Saenz says so.

We have TAB telling me they will not issue a citation to the owner of International Bingo for selling beer without a license and to a minor because they know he gives enough money to Saenz to keep from being prosecuted.  

The readers know this town is one big freaking criminal enterprise.

THE CITY OF BROWNSVILLE ELECTION

Not worth my time.  Social media is a powerful medium if used properly.   What are the issues?  For 12 years I called for robotics training to bring manufacturing jobs to the area.  TSC trustees just drooled and said "What?"  It took the governor to see the incompetence of our local yokels to bring us the robotics training center so we can attract jobs.

What is our water policy?  Why is there dead silence over Space X going quiet and refusing all public information requests by all news organizations when it comes to Brownsville.

Why is there dead silence over the airport mess and Brownsville's inability to meet Space X's need for a 10,000 linear foot runway in time for their first launch?  Has Space X realized Brownsville's leadership is hopeless and going to move its Brownsville operations to the launch pad provided to them by NASA which had been closed down for years?

Dead silence on calling for outside criminal investigations into the inside dealing by Tony Martinez.  Are the pathetic candidates too afraid of the powers that be to call for an investigation?

In my opinion the only election which is undecided is Neece v. Villarreal.  I do not get to vote in that one. Has either candidate even noted issues, let alone the ones I mentioned.

We need change will not get people to vote.  After this Trump mess I think people are just done with voting.  This is one thing I am for sure getting from social media.

WHAT THE BV WILL NOT DO

I will not repeat the same stories day in and day out.  Yes I have done a lot of posts on the Mary Tipton case.  But there is an ongoing trial with a multitude of problems which need coverage.  I unfortunately am working long hours on other civil right issues.  I have not been to the trial.  I am covering it based on the coverage by other people.  I hope to have a story on a TV station which was asked to leave the courtroom.  I have independent confirmation from several sources, but not the reporter and until I have her side, I have no story.

IF YOU HAVEN'T FIGURED IT OUT

Exposing corruption in this town and county is like pissing in the wind.  You will make no headway because at every level, the corruption exists and there is no one to fight it.

The bloggers will do their best to cover it, but I can tell you my readers are tired of it and very tired of reading the same story over and over again because we are not getting out there and reporting on the people.

Ring a bell?  That is how the Democrats lost.


Wednesday, March 22, 2017


THE READER WHO GOT IT SPOT ON: "BANALES' MUSTACHE SEEMS TO GROW WEIRDER EVERY TIME HE COVERS-UP FOR CORRUPTION, JUST LIKE PINOCCHIO'S NOSE"

I hope to finish my work on the case that has me all consumed by this weekend.  At that time if anyone who had their rights violated by Pinocchio Mustache Bañales is willing to work with me I will prepare the complaint to the Commission on Judicial Conduct to have his judicial credentials removed, to be copied to the Administrative Judge so the evidence will show she knows exactly what is happening under Pinocchio Mustache Bañales, and to the criminal section of the FBI in Washington which investigates criminal civil right violations under 18 USC 241 and 242.

We fight or roll over.  I will do the work, but the victims will have to sign off on their affidavits and the complaint.

From Jim Barton:""Defense Attorney Ernesto Gamez conferred with the two prosecutors and then the three men approached Judge Banales.  Banales quickly dismissed the jury.

"Do we have a blogger in the courtroom?  If so, please stand up and state your name," asked and ordered Banales.

"Jim Barton."


"Are you aware that it is against the law to blog from this courtroom using an electronic device?" Banales asked.

"Yes."

"Are you doing so?" asked the judge.

"No.  My cellphone is off and in my pocket."

I wanted the judge to have the bailiff note that my cellphone was off, but he simply warned:  "You will face a $500 fine and up to 180 days in jail for each occurrence,  Then, he called the jury back in."


I am commenting based on what was reported.  If these facts are accurate Judge Bañales needs to be criminally prosecuted, and have his judicial credentials removed.

First, it appears Gamez instigated the event.  It also appears Gamez had zero evidence to prove his claim, but simply wanted to stop reporting he decided would not be favorable to his client.  For his acts the State Bar needs to take action.  I will also help with that complaint. Once Bañales learned he was played by Gamez he should have held Gamez in contempt for manipulating the court and bringing its intergrity wrongfully into question.  He needs to hold Gamez in contempt for his actions and then recuse himself from the case. 

Pinocchio Mustache Bañales being devoid of any knowledge of proper judicial proceedings immediately went for the kill with no evidence on the record which could be used to hold someone who commits perjury accountable.  If Gamez had evidence Jim Barton was in contempt of the court's instructions an honest judge would have sworn him to testimony of same.  Pinocchio Mustache Bañales chose it ignore Barton's right to confront his accuser.

Barton was brilliant in offering to have the bailiff inspect his phone.  So in the end Gamez was a liar for the sole purpose of trying to control freedom of the press, and Pinocchio Mustache Bañales went along with it because he has nothing but contempt for Freedom of Speech.

We are well past the time for this show to end and for the case to be retried in Nueces county where both Marisa Hernandez and Mary Tipton can be assured of a fair trial.  There must be a new judge.

Remember Bañales and Gamez, the FBI can and will force Saenz to appeal any dismissal of the case based on each of your own conduct.  Bañales and Gamez had every right to have this case moved to Nueves county and did not.  You cannot know a fair trial is impossible and then refuse to move it so that you can later  justify its dismissal.

SEARS INFORMS INVESTORS IT MAY NOT SURVIVE

"Sears Holdings (SHLD), the holding company for the two iconic retail brands, warned investors late Tuesday that it can't promise it will stay in business."

Source: CNN

Brownsville got lucky that it was McAllen to lose JCP and not Brownsville.  Foot Locker has announced it will close another 100 stores in 2017.  If Sears closes, Brownsville Mall will be on a downfall from which it may not recover.  The list for Foot Locker closings has yet to be published.

I get it, our city commission fails to understand basics.  But we must make saving the mall an election issue.  I know people hate tax abatements or discounts, but we must begin the process of meeting with the mall owners and stores to find out what needs to be done to insure the mall's future.  But trust me I know the idiots who run Brownsville, the reality of a mall closing is not even on their minds.

Tuesday, March 21, 2017















A JUST AND FAIR TRIAL IS NOT POSSIBLE IN CAMERON COUNTY FOR EITHER MARISA HERNANDEZ OR MARY TIPTON

UPDATE FROM RALPH TIPTON:

The below was posted on his FB page.  He is claiming the judge ordered the DA to tell Ralph to tell his friends and family to stop exercising their right to free speech.  The infracture which caught Judge Bañales ire could have just as easliy been done by a Marisa Hernandez supporter to get the case thrown out, but apparently Judge Bañales has no interest in getting to the facts.  The security footage in front of the court could tell us a lot about who acted in this event.

From Ralph:

"Hello friends and family. I was told by the Cameron county D.A. office ( Oscar Guzman) that the judge told him to tell me that "some one put up a sign in front of the court house" exercising there right to free speach of course. I was told it was a picture of my late wife Mary Tipton. Thank you for having her in your thoughts. I was told to tell my friends and family that if it happens again the case could be thrown out and won't be retried. I informed them I did not do it and I didn't know who did..I told him I do not have the right to tell people not to do something they have a right to do. It did not matter. He reinforced his original statement and told me it was from the judge. 
He told me again to tell all my friends and family not to do anything...or the case would be thrown out...even though I can't controle the actions of others. Nor do I want to.. So I am doing as was told.. I am informing everyone.

The decision to deny both of these women a just and fair trial was made by Judge Bañales, who had the legal authority to move the case to Nueces county, and Ernesto Gamez, who has complained about the pretrial publicity and has tried to unconstitutionally stop it, but chose not to see a new venue based on pretrial publicity. We in Cameron county know justice is bought and sold in Cameron county like cheap hookers downtown. The blogs have been instrumental in exposing the injustices."

Based on the above I now ready to demand Judge Bañales stop the trial, declare a mistrial, and move the case to Nueces county.  The FBI needs to be all over Judge Bañales for failing to do his job as a judge and on his own motion moving this case to Nueces county.  For some time now the BV has conceded Marisa Hernandez cannot get a fair trial in Cameron county.  But Bañales and Gamez want to keep that door open for dismissal so they can blame Ralph Tipton.

The people will be heard Judge Bañales when corrupt judges bring irregularities to a case and runs cover for them.  The people cannot be silenced.  A judge can never, ever use the power of the bench to silence speech which seeks to expose corruption and the truth.

ORIGINAL POST

"The free press has been a mighty catalyst in awakening public interest in governmental affairs, exposing corruption among public officers and employees and generally informing the citizenry of public events and occurrences, including court proceedings. While maximum freedom must be allowed the press in carrying on this important function in a democratic society, its exercise must necessarily be subject to the maintenance of absolute fairness in the judicial process. "

See Estes v.Texas 

The above case involved TV cameras and what appears to be a circus in the courtroom. Yes, there must be a balance.  But the press must be free to report what it uncovers in terms of irregularities.

The courts have options which they choose not to exercise.  In this case the most important option was to transfer venue to Nueves county.  Judge Bañales decided to keep the case here with all of the pretrial publicity, he claims could lead to a mistrial.  The defendant's attorney chose to not file a motion to transfer venue.  But you watch, if his client is convicted, as a trial tactic Gamez will seek a mistrial because of the pretrial publicity. 

But remember it was Gamez who chose to not seek a change of venue.  Justice cannot be waived because of the games of counsel.  This case in Cameron county is a waste of taxpayers money and the blame is squarely on Judge Bañales and Ernesto Gamez, but they will blame Ralph Tipton for seeking to expose the irregularities in the case.

OPENING STATEMENTS

All I know is what I have read in media posts.  During the Villalobos trial many a reader threatened the BV for refusing to allow for posts during the trial. The BV warned, and was proven correct, no matter what the judge tells the jury they will read the papers and social media.  The BV barred all comments on innocence or guilt or the weight of the evidence.

I know some jurors are reading this.  Opening statements are not evidence.  If anything look for promised testimoney which they do not produce.  Opening statements are meant to confuse the  jurors into believing they heard evidence which is not evidence.

On that note this case now needs to proceed on the evidence.

I warn the jury if you are reading social media or the papers or watching trial coverage on the news, stop.  You are only to consider the evidence approved by the court.  Nothing more nothing less.