Tuesday, October 17, 2017


From YouTube as placed there by the Herald

First and foremost, a DA can indict a ham sand wish as the saying goes.  All we know for sure is an arrest warrant was issued for a felony theft.  Carlos Elizondo is innocent until proven guilty.

The BV has all day stayed away from this story until solid information could be obtained.  But the BV knew by commonsense Montoya was reporting theatrics boarding on obstruction of justice and defamation.

My bias, I trust no one who would hire Noe Garza or Victor Ramirez.  Mr. Elizondo did you forget he basically fell asleep at the wheel on the Raul Salazar case, and then failed to timely seek a hearing on the motion for new trial.  You go Carlos - great choice in a lawyer.  I saw the evidence which was going to be used in the Motion for New trial in the Raul Salazar case, and I believe Raul would have won, and some people could have been charged with perjury.  But Victor failed to set it for hearing and time lapsed and Raul paid the price.

But no matter how much I  disdain these two I would never, such as Montoya did, suggest that they sat by in their office and allowed a client facing an arrest warrant to leave and flee the police.  They would lose their license and possibly themselves face criminal charges.

So I waited until I could get good information.  According to the Herald Carlos Elizondo as alleged by Montoya never fled from his lawyers' offices.  The police did their job and were aggressive in searching him out.  But the claim by Montoya would have people thinking, Elizondo should be denied bond because he is a flight risk.  Well the facts show the opposite as reported by the theatrical driven Montoya.

If you listen to the tape above, it reaches the point that Elizondo's attorneys are threatening to leave the DA's office because no one will come out and detain Carlos Elizondo.  The video clearly shows him waiting patiently with his lawyers for Saenz's staff to get their act together and have Elizondo escorted into the office.  This is not fleeing from his lawyers.  It is the exact opposite.


I will give you my words, but the DA Saenz press release explains what everyone in the field knows to be the truth.  This statement by Montoya was reckless.  "An all-points alert had been issued for Elizondo after he fled from his lawyer Noe Garza's office after being warned that unless he came out and gave himself up officers would storm the building."  All press reports show the alert lasted less then a minute as the police were informed Carlos Elizondo was at the DA's office.  Montoya conveniently leaves this essential fact out of his reporting.

Nothing under minds our democracy more than public corruption by elected and appointed officials.  DA Saenz request for bond was spot on.  He needs to show he is serious about these type charges by taking Luis Sorola's bogus lower bond to the judge assigned to he case and have it raised.  Or will Saenz do what he always does and ignore these low bonds for the politically connected.

Could you imagine Montoya's response had Erin Garcia refused the higher bond Saenz was seeking.  But Sorola gets a pass since he and his wife JP Mary Esther Sorola have Montoya on their payroll.



Noe Garza effectively got Saenz's nephew, Victor Garcia off of a second DWI.  This is the same Victor Garcia who walked in a convoluted who's on first previous DWI which left a man on the side of the road to die.  Saenz direct work with Noe Garza to protect Saenz's family taints this entire case, and Saenz needs to remove himself from the case, and the case needs to be transferred to another county to be prosecuted by the DA of that county.

My following comments are supported by the above press release.

His lawyers were probably put on notice to bring him in because an arrest warrant was about to issue.  The warrant goes out and law enforcement does it job.  His lawyers did what lawyers do every day, they took their client to DA Saenz's office.  It is really that simple.  No theatrics.  It is very clear on the video.  But Mike Hernandez is paying Montoya to create these fake pictures of corruption.  I am  not saying Mike directed how the coverage was to be done in this case, I am saying Montoya is doing the job Mike Hernandez hired him to do.  Paint Brownsville as needing major change and Mike Hernandez is the man for the job.

Yes, Carlos may be guilty and should get jail time, but reporting in a theatrical manner which helps his employer Mike Hernandez with is message of mass corruption, is not how you do it.  Carlos Elizondo and his attorneys may want to look at a defamation suit. Mike has deep pockets. The theatrical reporting is consistent with the snake oil Mike Hernandez is trying to sell the community.

Carlos Elizondo's lawyers should move to transfer venue based on the damage Montoya's posting did to the jury pool.  This solves Saenz's conflict by allowing the DA in another county to prosecute the case. While he does not have thousands of individual readers, he claims he does, we have no way of knowing how tainted his theatrical reporting did to Carlos Elizondo's right to a fair trial.

I know how the trolls work.  I am not trying to defend anyone.  Let the process work and the guilty fall.  I would imagine about now Coach Joe Rodriguez is shitting bricks now that every vote by Carlos Elizondo will be carefully reviewed.  Smart money is he issues a resignation saying he needs to devote his time to his defense.  This is a reasonable and fair basis for resignation.


Cesar is far from out of this.  I can tell you he is under investigation in Austin for repeatedly telling Carlos Elizondo Cesar and Jessica were the ones protecting him.  Cesar on the tape demands $1,500 from Carlos or else.  Well when Carlos refused, Jessica and Cesar started to talk about this audit.

This tape could taint the entire case against Carlos Elizondo.  You are not reading about this on Montoya or McHale's page because Cesar de Leon is Mike Hernandez's boy.  When I saw people making this claim on social media I just ignored it as trolls.  But then I checked Mike Hernandez's OP page and it was true.

I will bet the farm Cesar will also be indicted or given immunity for testimony,  What will Mike Hernandez say about his boy then.  Just law enforcement outsiders from Austin trying to make a good Mexican boy look bad.

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