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.

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