Friday, January 24, 2014

ERNIE HERNANDEZ INDICTMENT: A PRIMER IN CORRUPTION

By Juan Montoya
Forget vindictiveness, conspiracies and plots and subplots.
The grand jury which indicted Pct. 2 Cameron County Commissioner Ernie Hernandez was presented evidence by the District Attorney's Office investigators and issued an indictment containing eight counts, true bills on actions they deemed criminal by the commissioner.
Hernandez was indicted on Wednesday, booked, paid a $35,000 bond that was lowered from $75,000, and released Thursday afternoon. The delay in his being booked and bonded was due in part to the use of the Odyssey computer program at the Rucker-Carrizales corrections center. A jail administrator said the lengthy wait Hernandez had to undergo was "poetic justice" for the commissioner who was one who voted for the program that the sheriff department does not like.
COUNT I:
That Ernie Hernandez, "with intent to obtain a benefit for Roberto Cadriel and harm and defraud another, to wit: Cameron County, intentionally or knowingly violate the law relating to the defendant's office and employment as a public servant , namely tampering with Governmental Records, "by soliciting, encouraging, directing, and attempting to aid Carmen Vera to sit and take the Civil Service Exam in the name of Roberto Cadriel.
At the heart of this count is the fact that the DA's investigators believe that they have proof that can show that it was Hernandez who initiated the whole process that saw Cadriel – his brother-in-law – go to his administrative assistant Raul Salazar to help him land a job with the county. At the time, Cadriel, who was living in his pickup truck in the parking lot of Fiesta Graphics, the Hernandez family business, was told his sister he needed a job and Norma suggested the HEB or the Brownsville Independent School District. Cadriel said Ernie then stepped in and suggested the county.
And – as they did in the Salazar trial – will show that it was Norma, Ernie's wife and Cadriel's sister, who filled out his application for him. Cadriel said on the stand – and Hernandez has also stated publicly – that he can neither read nor write and was a convicted felon, making him ineligible for county employment. Because Ernie, a county commissioner, directed Salazar and others in county employ, including Human Resources employee Carmen Vera, to take the Civil Service examination for Cadriel, he is named as the main instigator in the scheme.
Vera, the low woman on the HR totem pole, dis as she was told by HR Director Robert Lopez, and took the exam, scoring an 86 after Cadriel had failed miserably twice and scored in the 30s on both attempts.
When Lopez was told Cadriel couldn't pass it on the second attempt and that that county policy requires applicants to wait a year before taking it a third time, Lopez said he made an exception and then – witnesses testified that Salazar and Lopez – decided on Vera, a then-27-year-old mother of two who had been in the department for less than a year, and the last on the pecking order in the department.
Testimony indicated that Lopez told Vera "you know how politics is in Cameron County" and told her to take the test for Cadriel. Under questioning from Asst. DA Gustavo Garza, she said both Lopez and Salazar  were involved in telling her to take the third test in Cadriel's stead.
"Did you feel pressured at the time?" Garza asked her.
"I felt like I was going to lose my job. I have two kids I got to raise," Vera stammered.
COUNT II:
This count also names Hernandez as the instigator in getting Salazar to "obtain a benefit for Roberto Cadriel" by "soliciting, encouraging, directing, aiding, and attempting to aid Raul Salazar in providing Roberto Cadriel with the answers to the Civil Service Exam." This count includes tampering with a governmental record and misuse of official information.
Cadriel's first application was for a position as an animal control officer, in other words, a dog catcher. After Vera had been directed to take the test for him and she scored an 86, another  Dalia Saldivar, Vera's superior found out about her taking the test and confronted Lopez. The Cadriel hiring was put on hold and all three test results disappeared.
The job, apparently, had been given to someone else by the Health Department by then.
Vera said that right after she took the test for Cadriel, Salazar came up to her at the HR counter and asked if "I had done as I had been told to do."
Eighteen days later, on June 28, Cadriel showed up again to take a written test, this time for a position as a non-commissioned security guard at with the county's international bridge department. The state says Lopez – under the pretext that he was trying to get the bridge system's test modernized so it can be taken on a computer – had acquired the answer key to it and passed it on to Salazar. Salazar met Cadriel outside the Dancy Building, told him to miss at least seven questions, and Cadriel copied the answers before taking the written test.
He forgot Salazar's instructions, Cadriel testified, and missed only three, the last three. He scored a 96.
COUNT III:
This count in the indictment deals with Hernandez directing Salazar to get Lopez to give him the answers to the Civil Service Exam mentioned above where Cadriel scored a 96 and got the security guard job at the bridge.
COUNT IV:
This count deals with Hernandez's role in setting the whole process in motion that resulted in Vera taking the Civil Service Exam and making a false entry taking the test in his name.
COUNT V AND VI:
This count deals with Hernandez's abuse of his official capacity for telling Cadriel, who was in probation at the time (February 2013), that he could have it revoked if he cooperated with law enforcement, with the intent to influence him to withhold testimony and information in the grand jury investigation into his illegal hiring.
The latter count (VI) deals with the prosecution's claim that they have proof that Hernandez offered and gave Cadriel money (in August 2011) to allow him to leave town so that he would not be found by authorities so that he could provide investigators his statements and to elude summons to give them information into his illegal hiring.
Cadriel's relatives say that after he was told by the Hernandezes to make himself scarce, he was living in various places outside the county, among them in Weslaco, in Hidalgo County. At times, he was said to have lived below freeway overpasses because he could find no employment. Relatives said that he was afraid to return to Brownsville because he and been warned to stay away when the Cameron County – and later DA's investigators – were looking for him. His girl friend during this period was selling food plates on 14th Street bars and door-to-door to help the couple make ends meet because Cadriel could not make enough money to support their household. She said that at one time he was hired as a funeral home embalmer's assistant but that she made him quit because he came home smelling "bien feo" of the chemicals and fluid odors generated by the embalming process. It wasn't until DA investigators realized that Cadriel had to report monthly to his probation officer that they were able to find him and give statements to them and to testify for the grand jury and court in the Salazar trial.
COUNT VII:
This count relates to the prosecution's claim that Hernandez – upon learning of the possibility that county assistant administrator David Garcia testifying in the illegal hiring of Cadriel – threatened to have his job "for unlawful reasons." A pretext for this was Garcia's being paid at least $115,000 from the budgets of four county departments and an additional $75,000 for part-time work for the Cameron County Regional Mobility Authority.
Garcia's double triple and quadruple dipping had long been a sore point with many county employees and administrators. A holdover from the Gilbert Hinojosa years, Garcia was making more than any county elected official and two or three times as much as any commissioner. As asst. administrator, Garcia was directly responsible for the operations of the HR Department and had to prepare a report on the Cadriel firing fiasco. During the course of the Salazar trial, Garcia and other administrators testified that Hernandez would often call personally to have them "move the (Cadriel) application along." What persuasive comments Hernandez may have made to Garcia and what remains on record, is probably at the core of this count.
As a response to the gathering furor created by Garcia's peculiar salary arrangements, the county and the CCRMA inked an agreement that has the CCRMA reimburse the county for time that county employees work for the authority.
COUNT VIII:
 This count appears to be separate from the Cadriel hiring and refers to the alleged abuse of his official capacity by Hernandez in trying to influence Chief Emergency Officer and Homeland Security Director Humberto Barrera to re-open an eight-liner illegal gambling establishment that had been closed by his department.

18 comments:

Anonymous said...

What about the press conference today at 1:30 that would disclose 5 new indictments?

Anonymous said...

Ernie is yet another corrupt Democrat to be indicted. When will the Feds indict Aurora de la Garza, David Sanchez, Sofia Benavides, and the rest of the Dumbokrats in office....including Sheriff Omar "The Tent Maker" Lucio. Corruption is part of the local Democratic culture and needs to be rooted out.

Anonymous said...

Why wouldn't Ernie's wife Norma be charged with the same violations. We know she must have been a voice in Ernie's ear (or just a bitch) urging him to give her stupid brother a job on the public tit, just like the rest of the Hernandez Klan.

Anonymous said...

Hay Ernie you can finally get your teeth fixed for free in prison for free dumb ass.

Anonymous said...

Donde esta El Brownsville Cheezhme, Linda la chupa pitos Castro, John Villarreal, Erin Hernandez, la loca comisionada Jessica Tetreu, El comisionado Rick Longoria, la tonta sicopata de Sylvia 'ponganme en la posision que quieran, pero ayudenme a ganar'Garza Perez? Puros Crickets, Crickets, Crickets. Pinche gente piojosa, lambe huevos y ratas de dos patas. Hey Erin, you DESERVE LEGAL ADVISE BABOSA.

Anonymous said...

Ernie was helping Arnold Flores for Cameron County Clerk not Sylvia ... Ernie gets what he deserves!

Anonymous said...

You are an idiot!

Anonymous said...

I would have banned that good for nothing wannabe lawyer also. Mandamus this, mandamus that. Full of idiocy. Abusing the Veterans administration . Was he ever in theatre? He's the biggest farce in Brownsville. Whine,Whine,whine.

Anonymous said...

This is a response to Bobby's claim that his first amendment rights were violated at the press conference announcing Ernie's indictment. I post it here to avoid his practice of censoring comments on his page to suit his own agenda (thereby violating "our" first amendment rights to speak freely on his blog:

No wonder you lost your law license. You can't distinguish between a criminal trial and a press conference. What an idiot you are.

Your post:

""Though the public acquires information about trials chiefly through the press and electronic media, the press is not imbued with any special right of access. Rather, the media possesses "the same right of access as the public . . . so that they may report what people in attendance have seen and heard" ( Richmond Newspapers, 448 US at 573"

As is abundantly evident the case is about access to "criminal trials." not "press conferences" But you delude your Kool-Aid drinking, ignorant "readers" with your usual mumbo jumbo.

The Court in Richmond:

In the context of "trials," the First Amendment guarantees of speech and press, standing alone, prohibit government from summarily closing courtroom doors which had long been open to the public at the time the First Amendment was adopted.

Your post:

Saenz ordered the "press conference" to be behind closed doors on the 3rd floor of the Administration building. When I got there Saenz ordered an armed investigator to keep me out along with anyone else who did not have press credentials. Gus Garza demanded I show my press credentials before he would let me in the behind closed doors press conference.

The holding in Richmond:

The court reversed a closure order excluding the press and the public from a murder trial. Defendant had moved that the trial be closed in order to prevent leaks to the media which could then be seen by jurors. Appellant newspaper reporters' motion to vacate the closure order was denied and their writs of mandamus and prohibition were dismissed. Although the trial had long since ended, the underlying dispute was not moot because it was capable of repetition, yet evading review. As to the merits, the right of the press and the public to attend criminal trials was implicit in the guarantees of the U.S. Const. amend. I. The trial court made no findings to support closure. Various tested alternatives existed to satisfy the constitutional demands of fairness in a trial, but none were considered to deal with potential problems with the witnesses and the jury. Absent an overriding interest articulated in findings, the trial of a criminal case had to be open to the public.

And there you have it: your BS exposed for what it is, BS.

This is typical of how inept you are at discerning the law from a case. Similar to how you claim "family law cases" includes "juvenile justice cases" in order to protect the "judge" you consulted on your bogus defense of JP Garcia.

Moron!

I'll be posting this on Montoya's blog too, so you can't censor me.

Anonymous said...

Blogger BobbyWC said...
Like every con artists you seem to leave out the key language - the press has no special rights of access - that is what I said and that is the right

"""Though the public acquires information about trials chiefly through the press and electronic media, the press is not imbued with any special right of access. Rather, the media possesses "the same right of access as the public . . . so that they may report what people in attendance have seen and heard" ( Richmond Newspapers, 448 US at 573"


Now tell my readers why you use misleading information about me - lies, and then not include in your post the holding wherein it says the press has no special privileges over anyone else in terms of access - which is my point.

I beat Saenz and everyone else in the lawless town with every Open Records Challenge to date.

My appellate record as a lawyer is solid. Which is why I am consulted all over the state.

Please tell my readers why you left this part out of the post?

"the press is not imbued with any special right of access"

Answer - Saenz and you are desperate to mislead and con people.

Question:

Given the reversal record of Art McDonald should he lose his law license

Give the fact Justice Chew found Saenz did not have any evidence against Pedrazo and dismissed the criminal charges should Saenz lose his law license?

You're a con artist who supports public corruption and you only made Saenz look worse as you type posters always do which is why I love posting your lies and stupid comments

Bobby WC

January 25, 2014 at 9:11 AM

Anonymous said...

This was posted: "As to the merits, the right of the press and the public to attend criminal trials was implicit in the guarantees of the U.S. Const. amend."

What is it that you don't understand?

What does that have to do with you wanting to assail Saenz for not allowing you into the "press conference?"

What does it matter if it's the press or the public?

Your gripe is about not being allowed into the "press conference," not a "criminal trial."

You are obfuscating the issue of "public/press" access with the right to attend the Press Conference. Just admit you're wrong about having a violation of your rights to attend the "press conference."

Who cares about your appellate record regarding this issue of exclusion from the Press Conference? Although I will probably check on it just to prove you wrong again.

To show your "readers" how confused you are: explain why you are attacking the very people who are cleaning up this "lawless town." Your logic makes as much sense as your argument about your appellate record when you don't even have a law license.

You're a Hernandez Hack, plain and simple.


Bobby Posted:

Question:

Given the reversal record of Art McDonald should he lose his law license

Answer:

What is his reversal record, first?
Why should he lose his license when judges are reversed all the time. Did the judges you reversed lose their licenses? No, you lost yours.

BWC:

Give [sic] the fact Justice Chew found Saenz did not have any evidence against Pedrazo [sic] and dismissed the criminal charges should Saenz lose his law license?

Answer:

How many criminal cases are lost every day? Why should someone lose their license for losing a case. Why did you lose your license: For losing a case?

Have a nice day, asshole.

Again, I will be posting your response and this on Montoya's blog so you can't censor it.

Anonymous said...

When Mr. Wight man is going to accept that he is receiving monetary compensations from Ernie and Erin? I know for a fact that Mrs Begum send him aclaratory notes and he denied her right to post them. But he is allowing Ernie to defend himself. Mr Wightman, do you have an ounce of shame? Or your shame had a price? How much for your integrity Mr. Wightman? Do I have to ask Ernie for your price?

Anonymous said...

THE SHIT HAS HIT THE FAN EVERY DOG HAS HIS DAY TO BAD ERNIE IS ONLY A SCAPEGOAT THERE ARE HIGHER SCUMBACKS HOPING HE TAKES THE FALL FOR THEM BECAUSE THIS IS CORRUPTION IN THE MASS ALL THE WAY TO AUSTIN AS WELL YOU BROWNTURDS ARE TOTAL FUCKUPS DONT BOTHER WRITING YOUR CONGRESSMEN THEY GOT SHIT COMING OUT OF THEIR EARS AND ARE SHITTING BRICKS CAUSE THEYRE COMING TO GET THEM AS WELL SEE YOU ALL SOON IN THE COURTHOUSE POLLS AND THE BLOG AND GOD BLESS JUAN MONTOYA THE SECRET IS OUT THE ROSS BROTHERS ARE IN TOWN AND WEVE GOT YOUR BACK JUAN WHOA

Anonymous said...

Ernie Hernandez indicted? I thought he called the Brownsville Herald to tell them he had been NO BILLED by the Grand Jury? (with sarcasm). Pendejo. It is obvious that someone who pleads the Fifth during a trial knows that they are guilty of something. I am surprised that he, along with Norma Hernandez, and all the others have not been indicted with Engaging in a Organized Criminal Activity Charge since there are more than three involved. Texas law allows someone to be charged with EOCA if they received something by fraud, deceit, or force and there are more than three involved. His hiring was a fraud and they deceived the taxpayers, so a EOCA should apply to this case. 5 - 99 years in prison for EOCA doesn't sound bad for some people who all their lives have lived off corruption like the Hernandez'. Mr DA Saenz, maybe you should also look into charging them with an EOCA indictment. EOCA is not only used for drug dealers but also people like the Hernandez'. This should also send a message to all the other corrupt bastards that Cameron County idiot of voters continue to vote into office. Good Job Cameron County Voters for electing the best corruptors Texas has to offer...

Anonymous said...

I hear more indictments are coming in the next several weeks. Aurora de la Garza, Rosie Sotelo, Oscar de la Fuente, Norma Herandez, Herminia Becerra, Michael Trejo, Arturo Nelson, David Gonzalez? It is getting interesting. Keep in mind that Victor Cortez and George Delaunay owe nobody anything and they were very well respected while working for the Feds. And Mr Cortez amost lost his live to some criminals. Show them no mercy Mr Cortez and Mr Delaunay. Great Job and please continue to clean up our Cameron County Corruption.. I wonder what Judge Hester would have thought and done with all this corruption. He would have already disbarred all these lawyers and judges and would have asked Aurora de la Garza to step down. Is this the reason Rosie Sotelo is no longer employed by the District Clerk's Office? Maybe that was part of the deal she made with the feds in return for not being indicted? Judge Hester is probably tossing in his grave with all this corruption.

Anonymous said...

Post 4:36 pm you are some piece of work!!!!!!!!!!!!!!

Anonymous said...

(I'll be posting this on Montoya's blog too, so you can't censor me.)

WTF is gonna read it? On either blog? I don't care how many paragraphs you cut it into.

Anonymous said...

to 1/27/14 6:17p

You read it BWC. And you can't censor it here, asshole. If it's not BWC you still read it dumbass. Of course, it's way beyond your capacity, so who gives a fuck about what you think anyway. Pendejo!

rita