Tuesday, January 2, 2018


Today's main focus is a TRO requested by Elia Lopez, to force BISD to allow her 9th grade son to take an AP Psychology course.  This is an elective.  If the affidavits signed by BISD personnel are true, one you must be in 11th or 12th grade to take the course, and because it is an elective and not enough students requested the course, BISD is not offering the course to anyone.  

Elia is going to have to explain how BISD is violating her son's rights by not offering an elective he wants, and by the way is not even being offered during the Spring Semester at the campus he attends.

I could write a small essay on all of the mistakes she made in the filing of this suit.  It disturbs me greatly that a State District Court Judge does not know how to write a simple federal lawsuit.  Remember she has the legal authority whether or not a person should be put to death, and she does not know the basics of how to write a lawsuit.


While she may lose big today, the FERPA issue may get real interesting.  If BISD fails to depose Cesar de Leon over his demands to Carlos Elizondo that the BISD Board accommodate Elia Lopez, then they deserve to lose.  Elia Lopez chose to inform Cesar de Leon about the problem with a grade involving her daughter.  She cannot go into court having told elected officials about the confidential problems of her children, and then blame BISD.  She put into the stream of conversation these issues.

The Cesar de Leon deposition could lead to criminal charges of both Cesar and Elia, and for sure the end of their political careers.


If Elia fails to depose all the bloggers who reported on these matters, other than what came out on the tape, she deserves to lose at every level.  If they fail to disclose their source at BISD, then Judge Hanen will be within his rights to hold them in contempt and in jail until they answer.

I will admit this gets a bit complex.  The law is everywhere on this issue.  Bloggers have been deemed journalists by the federal courts.There is no license required to become a journalist.  Lawyers as journalists are a dime a dozen in the news field.  


[1]  BISD deposes Cesar de Leon; and 
[2]  Elia deposes everyone who published information on her children prior to the release of the tape.

Let's get to the truth of the matter.  The truth may show an under belly in Brownsville politics of calculated intimidation which leads to abuse of office by DA Saenz.  So in the end Elia's lawsuit which may back fire on her, my prove very fruitful to the people.


GGL said...

What court business was put on hold for her today so she could go to federal court.

BobbyWC said...

First judges do not have scheduled hours. but if she loses the TRO the attorneys who had hearings cancelled especially those with criminal cases need to report her to the commission

Bobby W C

Anonymous said...

Thx Sir for the extra info. However, Clerks do not prepare PETITIONS...so, that phone # belonging to CC#2 Laura Bentacourt does not magically come from any “PRIOR PLEADINGS”. Why does she [ Elia C-] seem to have a major habit OF SUING PPL?

Really, going to the Federal Courthouse on TAXPAYERS $. Gezz

TRO w how many Defendants? 20 process servers / Affidavits?

BobbyWC said...

According to the returns she only served Desesperanza. The only named defendant is BISD, as I am typing I looked at my saved copy. On her signature block which I posted there are no phone numbers. The clerk expressly told me they placed the numbers on the docket sheet based on the search of her name. That is where the mystery really starts because a year out of law school the federal courts have those numbers. I have no idea who that could have happened. I know a judge has to give you the oath before you can be admitted to the federal court district. Every one of the 4 districts in texas require separate admissions. I know I was sworn in by a federal judge. I do not know if a state judge can swear you in. If so maybe on the form the original clerk entered the phone numbers of the state judge who swore her in, assuming a state judge can. I checked her filings in state court and here home number is always listed. This is unique to the federal courts. And again the clerk specifically told me the searched for her name when she failed to include a phone number, and put the phone number listed in their system based on prior filing. Why in state court would she use her home phone number, but in federal court, long before she even qualified to run for judge she would use CCL #2 numbers. This makes no sense. This mistake needs to be investigate at the federal clerks level. They told me they made the mistake over the billion dollars and in entering he phone numbers.

Bobby WC