Friday, May 31, 2019


MONTOYA SEEMINGLY CONFIRMS CATA PRESAS-GARCIA HAS BEEN INDICTED

Now in considering this headline one must understand in order to believe anything Montoya prints you must have a brain soaked alcohol syphilitic brain. 

The most dishonorable Mary Esther and Louis Sorola find the false attack on Erin and Doreteo Garcia Hernandez funny because they are filth.  Both have paid significant money to Montoya to print lies about them and Judge Linda Salazar.

Alex Begum paid a lot of money for Montoya to print lies also.  The man is without an ounce of honor.

When the fake story came out on Presas-Garcia I rejected the claims by numerous people that Presas-Garcia had confided to her closest friends it was true she had been indicted.  I know how the system of nonsense works.

The only way anyone would try and investigate the source is if the FBI or DA were investigating a leak of a truthful claim.  Hence Montoya's story seemingly confirms Presas-Garcia was indicted and the FBI and or the DA pursued the leak.

Now nothing can be further from the truth.  Montoya under pay from the filth known as Louis Sorola published the false story because Erin and her husband support Louis' opponent for district judge.

This is the dishonorable and filthy campaign you can expect from a panic stricken Sorola.

In speaking with Garcia Hernandez action will be taken to hold Montoya accountable and if discovery shows same Sorola could find himself in the middle of a messy bit of litigation during his campaign.  What is next will come after the investigation.

When will these morons get all Montoya does with his lies is hurt the people who pay him.

STORM ONE POISED TO ENTER GULF OF MEXICO


CABLER, ANOTHER RENE OLIVIERA STORY?

No matter what Cabler says, no insurance company pays out $20,000, unless they see a basis for same.

Posted: Thursday, September 4, 2008 12:00 am

City Manager Charlie Cabler allegedly struck two persons with his vehicle on city property in November, but he disputes that an accident occurred.
"It was not certain to me that anything had happened that night," Cabler recently said.

San Juana Reyna, 46, said Cabler struck her and his nephew at Chachalaca Park and that she has more than $80,000 in medical bills to show for it.
"Se tapan todos (they cover-up for each other)," Reyna said.
Cabler said that he referred her to his insurance company in case an accident occurred.
No one called for an ambulance or police that night.
Cabler's insurance paid $20,000. Reyna took it in July, saying that the medical bills left her no choice.
The accident occurred minutes into Nov. 18 after a Cabler-family wedding as Reyna, a waitress, and Cabler's nephew looked on the ground for a lost key to the park's shed.
Reyna said Cabler got in his vehicle that illuminated the search area and placed it in drive instead of reverse, striking them.
She said Cabler also struck a trailer and that he told the driver not to call police. Reyna said Cabler put his nephew in his car, said he was sorry, to seek medical attention if she needed to and to tell her boss. She said that Cabler drove his nephew away.
Cabler, a former police officer, said he didn't report the accident because he doesn't feel there was an accident.
"I wasn't exactly sure if she was claiming to have gotten injured. I know she got scared. I just told her to let me know later. My wife did most of the talking with her, but (it was) something like that," Cabler said.
"The car went forward a little bit. It didn't seem like anybody was hurt or anything like that." He refuted that he drove his nephew away.
Cabler did not remember telling anyone not to call police. "If there was a trailer there, well, the trailer hit tire to tire, but there was no damage," he said.
Cabler said he doesn't feel he was intoxicated as Reyna maintains.
Reyna said she didn't report the accident immediately because she could have been fired. She said a third party paid about $300 of her medical bills and told her not to mention Cabler's name to anyone.
She filed a police report Nov. 27.
A sergeant arrived as a police officer was taking Reyna's report.
The sergeant told her, "that Cabler advised that he has been waiting for her to contact him so that he could make arrangements to pay for the medical bills," the police report states.
Reyna said the officers told her to go to City Hall at 10 a.m. She said Cabler offered her $5,000. She declined.
His said he told Reyna to file a police report so that his insurance company would be able to help her.
"I'm just hoping that she's okay. I'm sorry she had to go through any issues," Cabler said.

Click for link to story

NOTHING WILL CHANGE

The sad part about yesterday is nothing will change.  I can assure you BISD and every other elective entity are violating  TOMA as I type.  But I will say the Herald's headline this morning really hurt the city.

I am 100% sure Republic will pull out of the deal. They do not want a national headline and the deal with Art Kalifa and George Tetreau going public.  It will mean every elective entity will have to review their contract with Republic. 

If this city commission were smart they would immediately offer GMS their attorney's fees and vote on the 2016, contract.  But they are not smart.  They will leave it to the new city commission.  If they do  the first order of business should be to fire Navarro,  find a way to get Republic to withdraw by telling them because of their relationship with Tetreau they will have to do a discovery lawsuit before their bid can be considered.  Once Republic is out of it, it is just a matter of paying GMS's attorneys fees and we are done.

THE RULE

Another TOMA lawsuit against the city will automatically go to Judge Pate - and remember what he said, he knows Brownsville.


Thursday, May 30, 2019


10 A.M. GMS HEARING ON TH COB'S MOTION TO DISSOLVE TRO

The BV will be back after the hearing.  Jessica Tetreau has been non-suited in her individual capacity without prejudice, which means GMS can refile on her.  A non-suit means she is dropped.  The judge just signs the order submitted by GMS.

JUDGE PATE "WELL, I'M AWARE  OF BROWNSVILLE"  THEN AT THE END HE ISSUED THE TEMPORARY INJUNCTION AGAINST THE CITY OF BROWNSVILLE

JUDGE PATE "THE COB WILL BENEFIT FROM THE TEMPORARY INJUNCTION"

About half way through the hearing Judge Pate said his final order will include by Wednesday next Attorney Navarro for the City Attorney, Mayor, City Commission and City Secretary to file a certificate of completion that they have taken the online Texas Open Meetings Training.

At this point you knew it was over.

I do want to say the city employees who testified were professional and made no effort to cover for the city.Well sort of - some could call it subjective if on a few questions  Peña  coy. 

Cesar de Leon screwed himself by claiming he cannot confirm the voice on the tape is his - or so his attorney said.  Cesar claimed zero knowledge of just about everything, including things he said just two weeks ago.  He has zero credibility with the judge.  He actually claimed he could not remember if he searched his emails and text messages in responding the requests for production.  He testified he could not remember if he produced any documents just the day before. The judge's face was one of disbelief.

THE CABLER MONEY ISSUE

It was false and true at the same time.  Since before Cabler was city manager GMS gave $8,000 and then slowly more each year to the Boys and Girls club.  Then after the Boys and Girls club went under it reached $12,000 to $15,000, going to the City Manager Golf Tournament, not Charlie Cabler.  It had nothing to do with Cabler personally.  It was all about donating to athletics for children.

THE CORE PROBLEM

The city tried to paint a picture that it changed how bids were given points in hopes of increasing the number of bidders.  Judge Pate noted and got on the record under the old rules and new rules there were just the same three bidders, GMS, Republic, and RedFish.  

Judge Pate noted under the new system the city went from giving the contract to the lowest point receiver and taking it away from the highest point receiver, GMS.

I will be shocked if Republic does not pull its bid.  It is a national corporation and does not want to be caught up in Brownsville's dirty politics.

THE POINT SYSTEM CHANGED

The city claimed it bought a program which made for a more universal bidding process.  The program dropped off all points for Added Value.,  Added Value are free things GMS gave to the city.  For example it increased how often it picks up dumpsters downtown without cost to the city.  The examples went on and on.  I was confused why Navarro was putting them all into the record until he argued points for added value gave GMS an advantage.  It slapped him in the face when it was pointed out nothing barred Republic from putting Added Value items into its bid.

GMS is basically a Brownsville company with 40 employees.  Added to the point system was points for 5 referrals by other customers.  The city knew GMS had none and the change would benefit Republic.

Judge Pate saw through all of it.

JUDGE PATE'S FINAL WORDS I THINK LOST ON BOTH SIDES

Navarro complained that the city's Plea to the Jurisdiction still needed to be heard.  This means the city is claiming GMS failed to allege a basis for a lawsuit.  But the judge already issued the order of temporary injunction which means GMS according to the judge already proved it alleged a cause of action.

No matter how many times Judge Pate explained this to Navarro he continued to argue with the judge and demanded a hearing on June 14, 2019, even though Judge Pate said it was now moot.  Unless Navarro gets the message the judge will hold a moot hearing at 10 a.m., on June 14, 2019.

Baker and Botts and their client were pushing for a jury trial.  Before lunch if you were paying attention you knew GMS won.

Judge Pate went out of his way to tell GMS counsel they already proved a cause of action and violation of TOMA so all that is left is a remedy, but they can have a jury trial if they want one.

Yea, I would go with Judge Pate and not a jury.

If this makes it past June 22, 2019, I predict Navarro will be replaced.

There is no issue the winners are Trey, John and Nurith.  This will leave Jessica and Joel as two lone votes.

If the city is smart it settles now by giving the contract the GMS and paying their attorneys fees.  It is not going to get better and the new city commission is going to inherit this mess.

OH A SIDE NOTE

Rose Gowen was part of the TOMA violation.  The problem with Rose is not nefarious actions it is she wants what she wants.  She will learn TOMA and not make the mistake again.  Her objection was GMS was not good on recycling.  A valid issue,  but not a basis to violate TOMA.  She needs really learn TOMA so he valid issues are not caught up in these messes.

EDITED FOR SOME GRAMMAR NOT CONTENT FROM ORIGINAL POST.  I had a read bad head ache after the hearing.






Wednesday, May 29, 2019


SUPREME COURT SETS GEORGE ALVAREZ V. COB FOR CONFERENCE

This means the case is being seriously looked at. 
May 21 2019DISTRIBUTED for Conference of 6/6/2019.

If you remember in a rare order the Supreme Court ordered the COB to file a responsive brief after the COB waived its right to file same.

I have no idea what will happen.  The case goes to the core of justice.  This is something all sides care about.  Remember it will only take the 4 liberals to hear the case for the case to be set for final briefing and then likely oral argument.

The lawyer representing George Alvarez is Eddie Lucio.  He also represents Carlos Elizondo.

If George Alvarez gets his final hearing and wins the COB will be in trouble financially.  If GMS continues with knowledge George Alvarez may finally collect on his judgment, the new city commission will have major problems with its budget and doing the things which need to get done.







MIKE HERNANDEZ A PATTERN OF DECEIT AND FRAUD

Mike does not get it.  Every time his drunk monkey posts an attack on me he will take the response.  The reality is this story would have made it to the BV anyway.  I am in the final stages of filing the federal lawsuit against Mike, Carlos Marin, and several FTW judges.  I do have my right to sue letter against the judges for violation of the ADA.

In my research because D & M leasing is being sued in that emails from D & M have been used  I must find the registered agent to serve the lawsuit on.  I went to the SOS page and reviewed 221 filings under Mike Hernandez.  Most of his filings are under MAH with  then some other word to distinguish it from the others.

There was one document with D & M Leasing.  As you can see it was forfeited for non-payment.  Mike or his counsel can email a current document which shows D & M Leasing is current and I will post it immediately with a correction to the story.

bobbywc58@yahoo.com

By itself maybe it means nothing.  But then you go to the lawsuit against Jose Angel Gutierrez.  By Mike's own admission he states he signed a fraudulent contract with Jose Angel Gutierrez claiming there never was a Hernandez Family Trust.

So what we have is a pattern and practice of Mike claiming the existence of legal entities which do not exist.

This is the man Jessica Tetreau, Cesar de Leon, Rick Longoria,  Joel Munguia and Rene De Coss what you to trust.

OH FOR THE RECORD

Mike is officially a Texas A & M Trustee.  The Democrat Senators I was working with got their Bills through in exchange for not opposing his nomination.  So it cost the Republicans to buy silence.

The GMS litigation is going to explode one way or the other.  It is very possible tomorrow the City will win and the lawsuit will be thrown out.  All I know is I trust Judge Pate to follow the law.

But if GMS does blow up, Mike Hernandez will be in the middle of it.  With Baker and Botts no amount of influence will change their direction.  We shall see how all of this plays out.

The one thing which makes me think the City is on good footing is Redfish dropped their demands early on.

But with  Jessica and George Tetreau making money on the Republic contract, this cannot end well.  I believe Baker and Botts are waiting for information in discovery before they sue the car wash, Art Kalifa and George Tetreau. 

But it is possible after the depositions, and review of the Executive Session minutes GMS will drop it.  It is also possible discovery will result in referrals of indictments.  The second the car wash, Art Kalifa and George Tetreau are brought into the lawsuit, Art is going to give up every email from Mike Hernandez to save his business.  Mike is the deep pockets. 

Tuesday, May 28, 2019


WHY DOES ART KALIFA LIST AN ADDRESS OUTSIDE THE DISTRICT AS HIS RESIDENCE?

The SOS filing is from 2018.  I was curious who the other owner of the car wash is and ran the data.  It came up as George Tetreau.   His address is on Heather Lane which connects Cowan Terrace East and West.  My search shows he is a relative of Jessica.

When Jessica first ran as a write in she was challenged as living at the address Art Kalifa is using on his business filings.  This is outside the district.  Why does he not list the address where he lives with Jessica?

Oh I learned so much much more with the SOS today while finalizing a lawsuit.

Now Jessica will scream and yell her family is being endangered.  I have never ever published her address even though it is in the lawsuit, and all of her election filings.  They are all public records. The people have a right to know who this other person is who will financially gain in Republic gets the waste contract.

You now know it is George Tetreau.


GMS' COUNSEL CUT TO THE CHASE ON CESAR'S ALLEGED LEGISLATIVE PRIVILEGE

" Nor does legislative privilege extend to situations where “invidious legislative intent” is an element of the cause of action. In re Perry, 60 S.W.3d 857, 861 (Tex. 2001)."

The tape speaks for itself.  He said what he said and now he will answer for it.

TONIGHT MEET THE NEW GENERATION WHICH WILL TAKE CONTROL OF THE CITY COMMISSION

I will not be there although I want to be.  At 6 I am getting an estimate for a new fence.  Will someone please ask them their position on going about hiring a new Director of Public Works

THE SILENCE IS ALMOST DEAFENING

Is there still a run-off election?  By the blog coverage I would say no.  The blogs are about McHale's and Duardo's play toy and town clown Robert Sanchez.  They see him as a clown and play him as such and he is just too stupid to see it.

WHAT I KNOW

Well I am voting for Trey Mendez.  Although Duardo would tell you only he has covered John Cowen the BV with actual facts and not just mind numbing adjectives and adverbs has been specific about John lying to my face about the Casa del Nylon mess, and Ralph Cowen telling me how John's business provides nothing for its employees because most are contract labor from employment agencies.  This is important because so many people in this town although they work have no insurance, time off, or retirement.  Is this the business model we want for our workers.  This is a valid question based on facts and not mind numbing adjectives and adverbs.

But what do I do.  I believe Ralph and John Cowen are correct that the industrial development should be around the port and airport, even if it means John making money on the sale of land near where the LNG may go in.  My primary issue is development, so since I believe John will win anyway, and he is on the right page on where the industrial development should be, I will probably vote for him.

I do not get to vote in the Longoria Galonsky race.  What is happening is all races, because of the low voter turn out all the candidates have a list of those who voted in round one, along with precinct results which show where they did best.  In this race it is easy to target your original voters. 

Rodriguez hung himself with his big mouth.  I am not sure his endorsement or help will make a difference. All of his public statements are stored and will be used against him if he ever runs again.  He is dirty and of zero value to either of the main political machines.

I have no idea how this election will go.  But I know this.  Nurith has not sat back in her AC office.  She is all over the district making sure people know they have a choice. She has the female vote locked up. Whether you like her or not, she has worked for the votes.

AFTER THE ELECTION

The GMS lawsuit could lead to indictments.  Well we all know indictments of local officials does not slow down the corruption.  I would not want to be mayor of this town.  Both main political machines are going to continue with their machinations and keep the process corrupted for their own benefits.  Every vote has to be scrutinized.  The mayor is one vote.  But the mayor will take the brunt of the blame for anything which goes wrong. It is in the best interest of the new commission that GMS comes to an end before the election.  The GMS suit will come to an end more likely than not after the new city commission is in place.  It does not matter who wins, the new city commission will be attacked from day one by the losing side.  The conspiracy theories will fly like there is no tomorrow.

BUT IN THE END

Is their a runoff?  I see no meaningful evidence the candidates are getting their name out there, other than the block walking.  Other than paid ads I see nothing more.  I watch the FB pages and see nothing new.  It almost seems like each candidate has accepted their fate.

Now to be fair before early voting I do see mailers going out.  I do not like the calls.  I do not even buy the Herald anymore during elections to review the ads. The best chance of me listening to you is through a mailer.  So I expect the mailers to begin in earnest the closer we get to early voting.

THE ISSUES

Other than downtown development, which I support big time because it will bring in tax dollars for the entire city, is anyone talking about the issues.

How are we going to replace the Director of Public works?  Potholes are a big issue the people.  Nary a word.

"I promise development." means nothing to me and I mean nothing.  Generalized promises mean nothing.  What means something to me is you have a proven track record on development.  Trey Mendez has that, which is why I support him. 

If you are not acknowledging the issues and the source of the problems why should the average voter even turn out for you in a low turn-out run-off?



GMS SUIT COULD LEAVE CITY COMMISSION IN STATE OF CHAOS FOR YEARS

Next up is the COB elections.  You cannot talk GMS without talking about the run-off elections.

This morning GMS counsel filed a brief which explains why Jessica Tetreau Kalifa and Cesar de Leon are not protected by Legislative Immunity.  Assuming the depositions go forward today, I cannot imagine anyone wanting to do business with Jessica or Cesar.  Cesar either has to admit all of his words on the tape are lies, or he in fact did what he did.

There has been some confusion, by the BV, that Redfish and Republic waste are the same.  I have googled this a lot and can find no evidence of same.  But in Redfish's letters to the COB they seem to be making the same complaints as GMS, which would should a pattern and practice.

I do not see how at this point with Art and Jessica Kalifa due to profit from a contract with Republic how the COB can ever give Republic the contract.  If it comes out Republic directly lobbied Jessica, they could find themselves in the lawsuit unless they agree in writing to not take action if GMS gets the final contract.

So now we sit and wait for the hearing on the 30th and see what happens.  Although not published, if necessary GMS is going to read into the record parts of the Executive Session minutes.  They are going to read into the record key parts of the Jessica and Cesar depositions.  They may actually just play a tape of their testimony.

THE NEW CITY COMMISSION

They are going to have to clean up this mess.  Someone, not me, is going to go through the campaign finance reports to look for conflicts.  After his mess any candidate who took money from GMS or anyone tied to GMS would have to abstain from a final vote.  Same goes for Republic. As to Republic a vote by Joel Munguia or Rick Longoria will be deemed suspect.  But then Nurith Galonsky may be the vote and not Rick Longoria.

FINAL HEMP BILL HEADING TO GOVERNORS  DESK

 Are we ready?  I doubt it. This is going to be a multi billion dollar industry.  The Valley is poised to bring in millions including tax dollars for the cities and county. I can find no evidence there is any interest in bringing in the industrial development which comes with the growing of Hemp.  Our politicos are so obsessed with their micro issues, or living off the public tit, the idea of real job development for the area is not on their minds.

Monday, May 27, 2019



IN THIS PICTURE YOU CAN SEE THE DRAIN IN MY BRAIN GOING TO THE DEVICE BETWEEN MY SKULL AND SKIN WHERE THE DOCTOR MAKES THE ADJUSTMENTS

It seems like this last procedure is working.  The cerebral headaches are so much better,

DID THEY DIE FOR NOTHING?

I would say no because in their minds they were fighting for what they thought we as a nation stand for.

U.S. Attorney General William Barr is attacking the federal judiciary for over broad orders.  There is no issue in my mind first state judges and now federal judges are out of control.  They have defecated on our Constitution and have nothing but contempt for it.

While in their mind each soldier died defending what they believed was a noble cause, but in reality they died defending an oppressive government where Separation of Powers is dead, and the judiciary has taken control to impose tyranny.

The good news is there are a growing number of federal judges waiving immunity against state judges.  I believe as the attacks on the judiciary continue, Chief Justice Roberts is going to take action.  The problem is the judiciary does not play this game in cases where both parties have the money to fight.  The cowardly judiciary only destroy the rights of the poor who have no voice.

If you really want to give meaning to the sacrifice of these men and women, stand against the judiciary and always vote against the incumbent.



UTEP REUNION

We all attended UTEP form 76-80.  We were one short, but we are thinking of doing this again for the UTEP Homecoming.

I spent my first night at the camp ground.  God it was so much fun.  Teresa in the flower shirt, who had a book signing of her book "Rekindled" told me it was time to get out of my safe zone, and hike with her.  We hiked 3 miles on a trail.  I was fine and felt so so renewed.  By this weekend I will work in a 5 mile hike every day on Brownsville's wonderful trails. 

I had a driver to San Antonio, then after my doctor appointment to open the valve to the brain shunt more, I had a driver to Mineral Wells.  It is a good thing the medication still keeps me from drinking.  On 281 North in the Hill Country, there are so many beer distilleries.  The drive was beautiful.

Nights 2-3 were on a 500 acre ranch in a house we rented.  My friend Susie in the back sad, "okay time to walk again."  We walked around the ranch for an hour and a half.  No pain and no problems breathing.  I am no renewed.

Once the cerebral headaches are gone, I will be driving all over Texas and possibly to NY again.

I am so, so renewed and feel reborn with my new spine. Also is Gracie who now lives in SA.  She is so funny about life.  It is what it is and deal with it, and I love her for how she feels.

Missing is Barbara - her schedule made it difficult for he to make it.  But we had her on speaker phone a lot.  When mom died in August of 77', they each had a part of her and that is how I overcame the loss of mom.  Four beautiful women all different and strongly independent.


Thursday, May 23, 2019


CABLER, "MAY I INTERRUPT YOU PREPARING DINNER FOR YOUR FAMILY TO TELL YOU WHY YOU SHOULD VOTE FOR ME"

Candidates can be real idiots.  Cabler is now doing phone calls to promote his campaign.  The fact is there is a real small list of people who voted in round one, so calls may be more effective than in round one.  At least now he is calling to remind people to vote for him again , and to try and get Martinez people to vote for him.

BUT MY PROBLEM:  One, like so many other people I am so tired of my phone and hate when it rings.  We are prisoners to our phones.

Two it was 6:05 p.m. and I was preparing dinner.  You are really not going to make a friend of me by making me stop preparing dinner so I can hear a politico's paid hired hand to tell me why I should vote for Cabler.  I am not a fan of campaigning by phone.

I will admit I trash most mailers, but many I put to the side and get to them later.  You have a better chance of getting your message across to me with a mailer than interrupting what I am doing with a phone call.

Wednesday, May 22, 2019


CITY OF BROWNSVILLE'S LAWYER NAVARRO'S SNOT-NOSE EMAIL ENDS UP BEFORE JUDGE PATE, AND NOW THERE IS A HEARING.

The first sentence in the email is totally unprofessional.  Judge Pate read it as an exhibit to justify the emergency hearing on access the Executive Session tape recordings.

Everyone is invited to the hearing tomorrow.  I will not be there.  I should be driving back from San Antonio, but if I have my way I am going back into the hospital until the neurosurgeon can end this cerebral pressure pain.  Tomorrow he will try and open the drainage valve more.  My concern is I never had these type headaches before the surgery.  I had headaches but nothing likes these.  There is a very rare condition that causes the body to over produce cerebral fluid after a shunt is placed.  Theoretically I could be producing more fluid now than before the surgery and the shunt just cannot drain the fluid fast enough.  We have to wait for more testing down the road if tomorrow  does not solve the problem.

FIAT Plaintiff Brownsville GMS, Ltd.’s MOTION TO COMPEL DEFENDANT CITY OF BROWNSVILLE TO PRODUCE AGENDAS OR RECORDINGS OF CERTAIN CLOSED MEETINGS FOR IN CAMERA INSPECTION will be heard on the 24th day of May, 2019, at 10:00 A.M before the 445th District Court of Cameron County, Texas. SIGNED this ____ day of _______________, 2019. 

WHAT WILL HAPPEN?

I actually do not know.  I have not reviewed the case law either side is presenting.  All I know is that the statute does provide for release of the tapes for the court to hear in chambers with the lawyers, assuming certain rules have been followed.  If Judge Pate hears something outside that which was posted to be discussed, and it goes to the merits of the suit then  he is free to release the relevant part of the tapes to be heard in open court and to GMS counsel.

If that happens I hope someone has the recording going on their phone, on silent mode so it cannot ring.

Judge Pate will not like Navarro's email.  But in the end Judge Pate will follow the law even if he decides Navarro is less then professional.  To the lay person such emails come across as if the lawyer is desperate.  The sad part is the law could be 100% on the side of  Brownsville.  It was a needless sentence.  If GMS wins, Navarro becomes dead weight for the city because Judge Pate will then be extra cautious while considering anything Navarro argues.

But again the city could come out the big winner and GMS could be out a lot of attorneys fees.  There is no prediction from the BV.

A DOUBLE CHECK

A comment made by McHale caused me to double check my work.  GMS in fact accuses Art Kalifa's business of have a contract with Republic Waste.  If Baker & Botts are wrong on this, it would be a whale of a mistake.


REPUBLIC SERVICES PINNED INTO A CORNER WITH JESSICA

I tried real hard to find a good pic of GMS equipment.  They do not exist.  Further compared to Republic GMS' web page is horrible.

GMS is not spending the money it is spending to allow Republic to get the contract with Jessica Tetreau and Art Kalifa to make money on a Republic contract.  Any vote by the city commission in favor in Republic will only extend the litigation.  This is sad because Republic may be offering the people the  best deal.

If Republic wants to be taken seriously it needs to use these events to end is contract with Art Kalifa's car wash.  If there is a contract which remains enforceable for a period of time, we can expect even more litigation.

This is a mess with no clear winner in the end.  Republic may decide this mess for the courts by just pulling out. They have to know if discovery shows they lobbied Jessica or Art they can easily be brought into the litigation.

Tuesday, May 21, 2019


I AM SO MAD I WILL NOT BE HERE ON THE 24TH

Before I tell you what happened today in the GMS lawsuit, let me say this.  In her lawsuit against BISD Presas-Garcia alleged things were said in Executive Session.  When the tape was reviewed the statements could not be found.  So just because something is alleged does not mean it is real.

Now the COB has a clear record of hiding and destroying evidence.  Remember Mary Tipton and the destruction of the video in that case?  Unless Judge Pate allows a forensic specialist to go over the Executive Session tapes he may order the city to produce they are worthless.

I have been to court enough times to know even bad judges will deny the existence of evidence.  Once a judge actually held in front of me the letter I was looking for.  I failed to get a copy when I looked at the file.  So I sued to get it released. The judge actually held the letter in front of me and said, "you see this letter, it does not exist."  In another case, even the bailiff told the judge the other side clearly had on the table in open view the document I was seeking.  The judge ruled I and the bailiff were wrong.  He would not even allow the bailiff to bring him the document.  So for what I am about to tell you, only a forensic specialist on recordings can tell the court if the recordings are accurate.

The law allows Baker and Botts to request for in chambers review the recordings of specific Executive Sessions.

Here is what is in their pleading:

" For the reasons that follow, GMS requests that the Court compel Brownsville to provide the certified agendas and recordings for seven specific meetings to the Court for an in camera review, and if after review, the Court finds that if any matters contained therein exceeded the scope of closed meetings permitted by the Open Meetings Act, order that those portions of the recordings or agendas exceeding the scope of the Open Meeting’s Act’s closed meeting provisions be released to GMS and disclosed to the public, and that such portions may be admitted in evidence in this case."

Guys I know enough to know if there is any evidence in the recording they will never make it to the judge.  Rene Decoss has to decide is he loyal to the law or his puppet master.  He has a legal duty to inform the court if any city commissioner orders him to redact or destroy requested evidence.

BUT LIKE IN THE PRESAS-GARCIA CASE - THERE MAY NOT BE ANYTHING ON THE TAPES WHICH SHOW THE CITY BROKE THE LAW

But Baker and Botts knows the rule, you never ask the witness a question unless you know their answer before hand.  Baker and Botts already has the evidence they need, they are just going to allow the city to hang themselves.

If I were Charlie Cabler or Trey Mendez, about this time I would be asking, "am I walking into the lions den with no protection?"  

The answer is yes because no matter what they do in terms of votes related to the litigation they lose.  With the exception of  Rose Gowen there is not a clean city commissioner in this mess.  Regardless of who wins to avoid voting to protect the guilty they will have to rule with no allies. 




THE CITY DID WHAT FOR CESAR AND JESSICA?

When people ask me if there was a conspiracy in the JFK assassination I say yes, but it was constructive and not a direct conspiracy.  By constructive I mean people involved in the investigation did questionable things, all acting independent of one another believing there was something which needed to be covered up, when in fact there was not, and in the end their acts keep the conspiracy theorist writing about something which never happened.

I have said and will say again, it is very well possible Republic offered the best deal to the people of Brownsville.  But Brownsville politics got in the way.  Jessica and her husband were set to make a fortune on the deal.  What the other city commissioners knew and when I do not know.  Jessica was free to abstain and it changes nothing.  We all know how these matters work in Brownsville and other corrupt cities. But because of the way  things are done, the COB is now sued, and the best company for the people may never be able to get the contract.

I will tell you the city commission and its operatives who are normally all, too willing to talk have gone silent.

I have no prediction for this lawsuit.  Unlike other bloggers I am not privy to all of the evidence nor have the time to review all of the arguments and evidence.  There is a hearing on the 24th.  I will be driving back from San Antonio so  I will not be there.  So Montoya will be allowed to write any piece of garbage he wants.

WHAT THE CITY DID

First the Texas Supreme Court has ruled the city was fully authorized in its actions in filing a Motion to Dismiss Jessica and Cesar in their individual capacity under what is known as election of remedies option.
The
In law school they tell you learning issue identification is the key to being a good lawyer.  I can assure you Baker and Botts anticipated the Motion and has their response ready to go.

This is the key to get Jessica and Cesar dismissed individually. "But those provisions simply do not apply to claims against the employee individually that are outside the Act’s scope."

So based on the tape Cesar's claim about handling GMS and Jessica's private financial benefit becomes an issue for Judge Pate is such actions are in the normal scope of the functions of a city commissioner.  This cannot be done without depositions and discovery.

The city has forced Baker and Botts to file a motion to compel discovery.  On elections of remedies under these facts GMS is entitled to limited discovery to sort out the Act's scope issue.

What is sad is, the city may be as innocent as can be but the manner in which they are handling the matter makes them look guilty.

YES JESSICA AND CESAR HAVE THE SAME LAWYER AND IT WAS JESSICA WHO FILED THE FAILED OBJECTION TO JUDGE PATE

This objection was filed after the first hearing wherein the city was representing her.  Jessica in her objection claims that she was not given proper notice of Judge Pate's appointment.  It was all over the blogs and the city lawyers certainly knew it which means as their client Jessica knew it.

Jessica in her objection used a lawyer who failed to cite the Flores mandamus I won on the issue of improper notice.  The Texas Supreme Court agreed with me telling me at the moment the judge took the bench was improper and my objection stood.

Monday, May 20, 2019


BUYING THE LOW INFORMATION VOTERS WITH PROMISES WHEN THERE IS NO MONEY IN THE BUDGET

When Pat Ahumada ran for mayor the first time where he served his entire 4 years only the BV called him out on his endless promises with the question - with what money?  I will never forget when he took office and he could not deliver he said he had no idea there was no money in the budget.  You have no business running for mayor if you do not understand the budget restraints on the city of Brownsville.

A low voter turnout with an informed electorate is better than a high voter turnout with an uninformed electorate.  Had we had a 20% or even 25% turnout in round one of the mayor's race it would be Martinez v. Mendez.  A 30% turnout could have left Martinez with the most votes.  Blind voters tend to vote incumbent. 

Trey is a lot better off with Cabler as his opponent than Martinez.

Trey's first big challenge as mayor will be the GMS lawsuit.  He has a fiduciary duty to protect the city.  The problem is what does that mean. Does it mean fight until the end even if you know you have no chance of winning, or does it mean settling and taking the political hit.  Well Trey has proven when doing the right thing for TSC he was all too willing to take the political hit.  The federal court has no choice but to throw out the breach of contract case.  That mistake never should have happened.  No one was really watching counsel for TSC and this mess is on them.

Now that the entire city commission save Rose Gowen is potentially in trouble over GMS, they are going to stay with Navarro even though Navarro's first move cost the city credibility. Why stay with them?  They will do as they are told instead of telling the city what the reality of exposure is. 

This is an election issue.  Navarro has to go, but the majority of the city commission will never get rid of them.  No one can ever vote for Republic even if they are best for the city because it will appear a deal was cut with Jessica so her car wash makes money.  This is going to explode and then we come to promises v. budget.

THE DUMBEST MOVE THE DEMOCRATS COULD HAVE MADE

As the primaries get underway, Trump is going to play over and over againt the Democrats promising Al Sharpton as president they would sign a Bill to study reparation for Americans of African  descent who came from slaves..

15 candiates showed at the forum and nearly all promised to sign the Bill if put on the President's desk.

In the past Joe Biden has been very clear he is against reparations and remains unchanged in his opinion on the matter.  For now he is silent.  The man I predict will be his running mate, Pete Buttigieg is clearly against reparations and is consistently running between the top 3-5 among the Democratic candidates.

As to the rest, Trump will knock them down with their promise to Al Sharpton on reparations.  These idiots gave Trump a great weapon against all Democrats,  The sad part is the votes are not there among the Democrats to ever support reparations.  But these dumb Democrats went for a handful of votes from low information voters while throwing themselves under the bus with Independents.  

Universal healthcare or education will do a lot more for Americans of African descent than reparations any day.

Healthcare at least has a chance among the Democrats if they win the Senate and keep the House,

SO MY LOCAL POINT

If any candidate is promising you everything you want, ask them where they will get the money to pay for it.  Do not let them con you with a promise they cannot keep.

I want to hear the candidates on policy.  Pat Ahumada's idea of allowing private people to buy bus shelters and then get all of the advertising dollars is still a great idea.  The people get what they want without costing the people a penny.

A policy promise to use the Tenaska money for infrastructure costs the people nothing while getting the people what they want.

MY POINT IS DEMAND FROM THE CANDIDATES POLICY SOLUTIONS WHICH DO NOT PUT A STRAIN ON THE BUDGET, BUT GET US WHAT WE KNOW WE NEED.

Vote for the candidate who promises a chicken in every pot, and you will learn you were taken.












Sunday, May 19, 2019


TODAY I WON $100.00 - YEA

Oh I bought a donut for my tailbone and it feels awesome.

Saturday, May 18, 2019


NO TIME FOR REST, YOU MUST BE PUSHING TREY MENDEZ WITH EVERYONE YOU KNOW

The people know the city commission is a disaster.  Jessica Tetreau Kalifa and Cesar de Leon tried to stop the release of the audit which clearly showed Charlie Cabler turned a blind eye to the ambulance mess headed by Carlos Elizondo.  This type non leadership is why the city is in a big mess in the GMS suit.  My prediction is because Republican cannot get the contract without tainting every commissioner who votes for them, the city will settle with GMS and bring this mess to an end.  The city may have to pay Republic in order to settle unless it can be proven Art Kalifa was cutting deals with Republic for his car wash. With the exception of Rose Gowen, the only 100% clear city commissioner, every commissioner wants this law suit settled.  Rose wants it settled, but not because she fears being implicated in wrongdoing, such as the other commissioners.

Only Trey Mendez can hold the commission at bay.  Nothing will get through without his vote.  He will keep it clean.

TREY HAS SHOWN HARD LEADERSHIP

A coward playing politics would have ignored the fact Lily Tercero used the signature stamps of former Trustees for a million dollar contract, and the fact she hid from the Trustees the problems with the nursing problem.

There is a story in defense for Lily.  You play dirty with the majority of be fired.  

I would love to see our great State Representative Alex Dominguez to begin now for two years from now stronger laws which protect school board presidents, community college presidents, city managers and city attorneys from corrupt commissions and boards. There must be felony jail time for any commission engaged in undue influence. Until we have these stronger laws presidents, city managers, county attorneys and city attorneys will always be at the mercy of a self serving majority.

TREY CHANGES THIS DYNAMIC 

I am 100%  convinced with Alex Dominguez as our state rep, and Trey Mendez, Rose Gowen, and Ben Neece leading the city commission. we are headed for great change.

GUYS YOU HAVE TO USE YOUR FB PAGE TO MAKE IT CLEAR, TREY MENDEZ IS THE ONLY CLEAN CHOICE

Would you have preferred he put his political aspirations ahead of the best interests of TSC and just ignore Lily Tecero's failures, or someone willing to endanger their political aspirations to put the people first.

TREY PUT THE PEOPLE FIRST

The BV has posted the state law which shows TSC never waived immunity for a breach of contract case in federal court. Judge Rodriguez has no choice but to through out the verdict.  Once he does that the entire punitive damages part falls apart. If Lily never had a right to sue in federal court to begin with the manner in which the TSC Board  fired her does not matter.

But Cabler would have had Trey ignore the wrongdoing of Lily Tecero.  Until his hand was forced. That is exactly what Cabler did with Carlos Elizondo.

So do you want someone who cover-ups wrong doing until they are caught or a real leader putting their own political future on the line to do the right thing?

VOTE TREY MENDEZ AS THE ONLY REAL LEADER ON THE BALLOT


DID JESSICA AND CESAR HIRE THE SAME ATTORNEY TO REPRESENT THEM IN THEIR INDIVIDUAL CAPACITY?

This could explain why it is unclear who filed the objection to Judge Pate.  I no longer trust  the management of the on line system managed by Eric Garza.  I can go to cases where totally unrelated documents are uploaded to the wrong file.  This could explain why the objection is not uploaded to the on line system but judge Pate's order overruling it is.

In the original entry of the parties Jessica Tetreau-Kalifa was listed last, with counsel originally being those hired to represent the city and the commissioners listed as retained.  Then came a new entry for Cesar de Leon for individual counsel, with Jessica being just above him for the original entry.

This is why I think they both hired the same individual defense attorney.  It appears the district clerk just added her individual attorney under the attorneys hired by the city.

From the docket sheet.  This also explains why the $2.00 fee was charged to Jessica.

Defendant Tetreau, Jessica
Address
30 East Cowen Terrace
Browsnville TX 78521
 
Active Attorneys
Attorney
DRINKARD, ROBERT L.
Retained

Attorney
NAVARRO, RICARDO J.
Retained

Lead Attorney
AGUILAR, J. ARNOLD
Retained

Defendant De Leon, Cesar
Address
2406 Thor's Hammer Blvd
Brownsville TX 78526-2912
 
Active Attorneys
Lead Attorney
AGUILAR, J. ARNOLD
Retained

ART KALIFA WILL NEVER ALLOW AGUILAR TO PROTECT CESAR IF IT MEANS HURTING HIS BUSINESS.  IF IN FACT AGUILAR IS THE ATTORNEY FOR BOTH, IT IS A DUMBER MOVE THAN FILING AN OBJECTION TO JUDGE PATE AFTER A HEARING WAS ALREADY HELD - JESSICA AND CESAR HAVE CLEAR CONFLICTS OF INTEREST WITH ONE ANOTHER

Guys with the exception of Rose Gowen there is not a clean hand on the current city commission.  What is so sad is  Republic may have been the best choice for the city.  But now even if there is a new vote and Jessica clearly stays out of it, anyone voting for Republic will be accused of voting to give Jessica and Art's car wash business in exchange for other votes and deals. Republic is screwed and that is sad because they may have been the best.

Does anyone expect any commissioner to be dumb enough to vote for Republic knowing it financially benefits Jessica?  Boy I feel sorry for Trey as mayor elect [after the run-off].  This is a mess.  Trey understands his fiduciary  duty to the  city and will meet his obligations.  But in meeting his obligations he could end up looking bad. Fair? No - but reality yes.  Republic just needs to pull out before this turns into a full fledged criminal investigation.  And again that is sad because they may have been the best choice.

In the end it is theoretically possible Baker and Botts has it all wrong and the city gets a clear win.  I am not sure when the next hearing is.  The docket sheet is too confusing.  If it is the 24th I will be in San Antonio returning to Brownsville, so I will not make it.  If I can get out of the house on Monday I will try and make it to the Administration building and learn a date certain for the next hearing.

Jessica and Cesar may not believe it, but Judge Pate is going to follow the law and evidence.  There will be nothing personal in his ruling.  Judge Pate is the kind of judge who will issue a ruling he hates, but will do it because the law and evidence leaves him no choice.

MY STATUS

I am still grounded.  The tailbone even when fractured is treated with rest and sitting on a donut.  I am most worried about the build up of cerebral fluid.

Oh, my spine - solid and as good as when I was in my 20's.  The recovery is finally done.  I love my spine. Heading into retirement with a new spine and most health issues resolved and with a heart with nearly no blockage.  

OH A SIDE ISSUE

People do not get politics.  I may be angry at John Cowen for lying to me about the Casa de Nylon building, but a true analyst does not form opinions on anger.  

I am not one bit happy his uncle Ralph Cowen voted on matters which could financially benefit John in terms of the land he owns near where the LNG facilities may go in.  As a classically trained socialist I may think he is a horrible employer the way he treats his employees or better to say he leases from an agency.

BUT POLICY IS POLICY

The best place for industrial development is near the airport and the Port, not Paredes and 511/550.  So even if John makes a killing on the sale of his land, a conflict I find serious, the development of industrial facilities near the Port is still what is best for Brownsville.

It is no different than me saying,  Republic may have been the best choice for Brownsville, but Jessica and her husband making money on the deal stinks it up.

Bloggers need to learn to separate out bad ethics from good policy.