It's not often that we err (humans that we are), but when we do, the manly thing to do is to fess up and admit it.
It happened today in our post on the non-suit against Cameron County Justice of the Peace 2-2 Erin Garcia-Hernandez when we mentioned that no JP was mentioned in the request by District Attorney Luis Saenz from the Texas Attorney General's Office where he asked whether JPs are authorized to issue waivers to the 72-hour state-mandated waiting period between the issuance of the marriage license by the county clerk and the performance of the ceremony by a priest, rabbi, a justice of the peace, or any of the other handful of judges or officials who can perform the ceremony.We said that "There is no mention there of any particular justice of the peace or specific circumstance."
We were basing that statement on the conversation we had over a cold brewsky and a cold drink at a San Benito hangout with the DA on Saturday.
At the time we had not seen the actual request written Friday, and Saenz told us over the sound of the fabulous performance of traditional conjunto classics performed by accordion virtuoso Fruity Villarreal that he was not interested on which justice of the peace was involved.
What he was interested was for guidance by the AOG on whether Garcia-Hernandez could actually issue a waiver, whether she could charge for it, and where the money was to go if she did.
That, in a nutshell, is the core of his request.
We thank eagle-eyed blogger Bobby Wightman for being the document-driven stickler for facts and for pointing out our mistake. Saenz's letter does indeed specify who was issuing the fraudulently-produced, issued and sold waivers. He says in his request:
"The Justice of the Peace for Precinct 2, Place 2, (Erin Garcia-Hernandez, Pct. 2 commissioner Ernie Hernandez's daughter), of Cameron County, Texas, has on several occasions, signed and issued waivers of the 72-hour waiting period after the issuing of a marriage license. Those waiver shave been granted with the justice of the peace also conducting marriage ceremonies immediately after the execution of a waiver."Additionally, the justice of the peace charged a $25 fee for the signing and issuing of said waiver, together with the $150 fee for conducting each marriage. None of these fees have been submitted to the county treasurer."
In fact, Ms. Garcia-Hernandez did this not one time, not two times, but would you believe, some 13 times as far as we have been able to ascertain?
From the documentation we have, it appears that the JP 2-2 judge
* February 8 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On May 3 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On May 9 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On May 28 she issued a fraudulent waiver (and pocketed $25, according to Saenz),
married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).*On June she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On June 10 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On July 1 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On August 9 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*Also on July 2 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On July 8 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
*On July 26 she issued a fraudulent waiver (and pocketed $25, according to Saenz), married a couple who did not fit the waiver requirements (and pocketed another $150, according to Saenz).
Now, when we talked to Luis in San Bene he said that our old friend and Chief DA Assistant Rene Gonzalez had been entrusted to draft the request for the OAG's opinion. Maybe we're being indiscreet in this, but we know Rene and his work has always been of the highest caliber and integrity and we are willing to take the DA at his word.
We thank the sagacious BWC for pointing out our oversight. By now we have gotten used to have some of the more dynamic bloggers sniping at our heels and having a feeding frenzy once our posts appear. So we thank Wightman for allowing us the opportunity to clear the air.
14 comments:
what is so hard to understand that a jp cannot be sigining waivers, im not smart and i get it... just admit it you messed up .. quit blaming everyone else.. where is your diginty, your integrity.you do not sleep at night do you!!!
Maybe she was just trying to save some money to pay that Cadillac SUV she was driving. Have a $70,000 plus car can get you into some serious debt.
Courtesy of: ResacaCity
It appears that the Opinion Request to the Texas OAG by DA Saenz is being expedited because of the seriousness...and you are correct...no specific JP names are mentioned...
RQ-1160-GA
Received: Monday, October 28, 2013
Re: Whether Family Code section 2.204(c) authorizes a justice of the peace to grant a waiver of the 72-hour waiting period after the issuance of a marriage license
Requestor:
The Honorable Luis V. Saenz
Cameron County District Attorney
964 East Harrison Street
Brownsville, Texas 78520
Please, no more pictures of the pig, everytime I see the pig, I feel like puking.
Food on the table? No shit? Not for rice and beans just lobster!
The practice engaged in sounds criminal to me. It certainly does not pass the "smell" test. Shame, shame, shame on the judge.
Don't feel bad Juan, you made a mistake and admitted, Bobby on the other hand just plain lies and doesn't feel bad about it.
I think the OAG has to determine the first issue is the language to the statute that pertains to these waivers? The only area in that statute would to be to determined if a JP Court is some what considered a Family Law Court or even comes close to that definition? The other question is? Can she fall under the umbrella or colors of the County Judge in his authority to perform these waivers? The other issues to the statute is a no-brainer because it applies only to higher courts...for example court of appeals.
The OAG will have to look close at the language of the intent of the legislators when this statute was put together, passed and made law along with any amendments...if the OAG determines that the mere fact that those specfic courts (JPs) were purposely left out of the statute... then it clearly spelled out without any descretion for room that the JP Courts were not authorized to perform those waivers. Why? Because of the Marrying Busniess War Fare of the JPs...this would be a very lucartive business for the JPs without the county profitting some of the JPs' proceeds on those waivers!!!! I believe that the intent of the legislators was to prevent those War Fares from happening and to allow the JP Courts, County Clerks Office and the District Clerks Office to make some money off of the deal... if those couples wanted to get married within the 72 hour waiting period called...the "Cool Off" reflection time!!!
If the OAG determines that the statute excluded the JPs, then the other two issues that the DAs office brings up...is null and void!!!
The only issue now for the DA is to present the case before the Fact Finders the grand jury..."if" (?) present properly before the jury... an indictment may come out!!! We'll soon see...I hope.
oh well she needs the extra money because there is word that she has a boy toy, never know if its true
Isnt it funny that our DA didnt request an Attorney General opinion on the the Pat Ahumada's case and just executed the search,siezure and arrest. Knowing full well his actions were not within the law and already is about to loose that battle. But yet he takes the time to secure an opinion on something that is clear as night?? Its all politics and if Saenz proceeds without the opinion of the AG he will be committing political suicide with the Hernandez tribe. Its ashame Mr Sanez is still playing those same games the other corrupt officials have done. Juan good reporting keep it up.
Thanks go to Resaca City!
Having read the whole thing, the easy response from the AG would be:
As to Item One: No
Rest of letter now rendered moot.
con esa sonrisa.la verdad nesesita ver a un dentista
To the comment dated "October 30, 2013 at 3:15 PM"
With that letter addressed to Greg Abbot, Mr. Saenz has indeed and with absolute political suicide committed an illegal act of coercion. The law is clear.
Mr. Saenz will be arrested, and charged for introducing illusive, unecessary time-gaps requests for explanation on an already sued and charged Justice of the Peace Erin Garcia.
Mr. Saenz is similarly pushing for a waiting period to be issued for Erin Garcia by the state of Texas in an exclusive matter, which will be taken into account. Do your job Mr. Saenz and remove yourself from corruption or you will be charged as well.
The cockroaches are attempting to stay in control of shit, because that is what they are, shit.
Magnificent corruption Mr. Saenz, head over heels. This incident will be reported to several Governor's offices across several states and international newspapers. It seems by the addressed correspondence to Greg Abbot is written by a group inside the In-Control of Cameron County Public Elected Officials which have no clue that the same state, citizens, activists, and independent lawyers are monitoring which staple they hide or are trying to hide clear evidence under.
The letter to Greg Abbot is fraud.
Luis Saenz is fraud.
the Garcia Pirate ship is sinking-fraud.
The stand off is happening soon where shit must be cleaned, removed and be put away. Why would anyone need a stand off for this matter, or why would a stand off be necessary? It seems that corruption is having a hard time tipping over the hill to collapse, a stone will definitely take care of it.
Arrests, charges and convictions are coming.
There may be a possibility of renaming the Cameron County Courthouse to Carrizales II. Dress code change and plain old TALACHA.
no no no no ERIN, you will be charge, you will have to fucking face it... corrupt fucking individual.
Diria un paisano:
Dios mio Dios mio
por que hay tanta caca por el rio
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