Sunday, January 17, 2016

MONTES (WIGHTMAN) NON-SUIT WOMAN IN JP COURT CASE

By Juan Montoya
Robert Wightman was disbarred on Jan. 11, 2002 in the the 298th District Court of Dallas County.
The court found that: Wightman brought or defended a frivolous proceeding...took a position that unreasonably increased the costs or other burdens of a case and delayed the resolution of the case...engaged in conduct engaged to disrupt a proceeding...communicated with another party regarding a case when he knew that party was represented by counsel...made a statement that was either false or with reckless disregard to its truth regarding the qualifications or integrity of a judge..."

On January 14, nearly 14 years to the day that he was disbarred, Wightman, through his scurrilous blog Brownsville Voice, wrote this:
"Laura Betancourt is no different than Abel Limas - she allowed Victor Garcia (D.A. Luis Saenz's nephew) to walk out of her court with no action on the motion to adjudicate even after he and his sister nearly killed Gilbert Perez, and Victor caused a second accident. I guess Betancourt has stock investment in body bags."

Kal Marx used to say that "History repeats itself, the first as tragedy, then as farce."
Wightman, by repeating the same mistake he made when he still had his license to practice law, is merely repeating what he did in Dallas. Unfortunately, he can't suffer the same consequences since he does not have a license.
Wightman accuses Betancourt "repeatedly passed the Motion (to Adjudicate) thereby leaving Victor Garcia free to do as he pleases without accountability. The next alleged hearing on the Motion is set for February 11, 2016. Only in the court of a corrupt judge does someone who blows a .3 alcohol level while on probation gets to walk free before a Motion to Adjudicate is heard on a previous case, 6 months after the Motion to Adjudicate is filed with the court."
Actually, lawyers who have seen the docket sheet say that it was the special prosecutor Ed  Cyganiewic who filed the motion after Garcia's probationary period for the first offense (on deferred adjudication) had lapsed. Even if Betancourt wanted to, she could not rule on something that had been filed after that period. The court simply had no jurisdiction over the agreement.
Not fair? A subterfuge by the special prosecutor in collusion with the DA? Perhaps. But accusing the judge of being corrupt over it seems to go over the line.
This is what Limas did;
"At the time of his guilty plea, Limas admitted his part in use of the office of judge of the 404th District Court as a criminal enterprise to enrich himself and others through extortion. Limas accepted money and other consideration from attorneys in civil cases pending in his court in return for favorable pre-trial rulings in certain cases, including a case involving a helicopter crash at South Padre Island in February 2008.
Limas specifically admitted to receiving $8,000 in May 2008, a payment described as eight “golf balls,” for favorable rulings...
"Evidence also showed Limas participated in a series of meetings with attorneys Marc Garrett Rosenthal and Jim Solis in the summer of 2008 during which they planned and negotiated the terms of Limas’ employment as an “of counsel” attorney with the firm.
"During those meetings, Rosenthal promised Limas an advance of at least $100,000, as well as a percentage of attorneys’ fees earned in the helicopter crash case in return for favorable rulings on the case.
"Limas’ employment arrangements were confirmed in calls on August 28, 2008, between Limas and his wife and son. Limas was expecting to be “cut in” on 10 percent of the settlement/judgment of the helicopter crash case pending in his court and the $100,000 advance.
On December 31, 2008, Limas received a check for $50,000 payable from the Rosenthal & Watson Law Firm. On January 2, 2009, Limas received a check for $50,000 from Solis."
The esteemed blogger than asks:
"What has Saenz promised our dear Laura to get her to delay the hearing on the Motion to Adjudicate for 6 months? It is time we get that answer."
Betancourt seems to have become Wightman's flavor of the day because he also wrote her a letter instructing her how to deal with the Garcia case before. He also instructed her to place the letter he wrote in the prosecutor and defense files as to remove the charge that he had communicated with her ex parte.
To the uninitiated, this would seem to come perilously close to practicing without a license and (in the case of his accusation that she is "corrupt" and that she is "no different than Abel Limas and has "stock investment in body bags) is publishing a "statement(s) that was either false or with reckless disregard to its truth regarding the qualifications or integrity of a judge..."
The judiciary and state bar in Dallas had enough of Wightman and disbarred him, which unfortunately, means that he went south, as far south in the continental United States as one can go short of the Florida Keys.
New territory means new potential victims of Wightman's penchant for browbeating insurance companies. But even that may be drying up. He and his nephew Emilio Montes went to Linda Salazar's Justice of the Peace Court 2-1 last November to force a woman to reveal the name of her insuranc company after she was involved  in a questionable fender bender with Montes' motorcycle. He claimed she was reckless and that she had struck him causing $3,000 in damages they wanted her insurance to pay.
The woman disputed the facts and her mother and her said that Montes was noticeably drunk and admitted as much to them. They said heran into her rear bumper and that he did not want the police called so there was no police reportmade att the time. Days later Montes later went to file a report of his own at the PD over the accident needed to make the insurance claim.
Nonetheless, Salazar allowed them to force her or the insurance holder to give it to them.
Apparently, things haven't gone as they planned because the docket in that case (above) shows that Montes non-suited her January 12, 2016.
Could it have been because the woman may not have had insurance, or that the adjusters refused to pay because there was no police report filed at the time of the accident? Or did their actions around the accident resemble insurance fraud to the point that they just chose to leave things well enough alone before something bad happened?

4 comments:

Anonymous said...

Ya cojete a el blimp Juan....he wants your chorizo carbon!!! it is clear to me!!!

Anonymous said...

Bobby's culo polyps are flaring up again. They are making him cranky and horny. cojetelo Juan...por el amor de Dios pues...Cojetelo!

Anonymous said...

Who - or what - has to mate to birth such an ugly human being?

Anonymous said...

Why are you so concerned with Bobby's polyps Eduardo Paz Martinez? Shame on you, jerk!

rita