Monday, June 25, 2012

CRESCENT MOON INCUBATED MUSICAL NIGHT SCENE DOWNTOWN

By Juan Montoya

Before local arts promoter George Ramirez invested his time and money and integrated a musical component into downtown Browntown called the Crescent Moon, about the only place where one could find modern music was in a few jukeboxes at the Sporstman, the Palm Lounge or some other obscure bars.
Chato's (later Norma's) is gone. So are Los Pescadores and El Capitan.
But then, as word got out that a place with an entrance in the alley between Adams and Jefferson on 11th Street featured live rock and roll, jazz and blues got around, a growing group of music fans started to congregate in the area where before crackheads and streetwalkers used to rule.
The musicians congregated in the new venue because local artists like Ben Neece and his Earthmen, Emilio Crixell and his Bluzanos and the Rodriguez boys with The Brew are home grown talent. People still recall the sounds they head when they listened to Ben or Emilio or even Henry Lee, the guitarist extraordinaire launch into an eerily exact rendition of standard blues or acid rock. In fact, JJ, the drummer and ad hoc bartender goes back to the old days when local bands practiced in their neighborhood garages.
As the enthusiasm grew for locally manufactured music sounds,
other businessmen took notice, and Neece and Ramirez saw as a new generation of nigh spots sprouted in and around Market Square. There is now the more upscale Bora Bora Club and the Haven. And for those whose tastes drift toward conventional norteño and Tejano music, El Callejon across the street from Las Cazuelitas Restaurant (the best caldo in town) has opened also to rave reviews.
"That place is packed most nights, especially on weekends," said a local baile aficionado. "Sometimes there isn't even a place to sit."
For those of us who like a good rock and roll riff or some smooth jazz renditions by local players, Wednesdays was the night to go for open mike. On Thursday, Clay Moore's Frontera Jazz Band would take over and on Fridays, the regular crowd would come in and listen to Emilio and the boys do their blues thing.
On any given day you could see Jim and Nena Barton click away on their digital camera, Gilbert Velasquez and Mary Helen Flores discuss the state of local politics (who's stealing elections and how), or see Joe Lee Rubio sip on his goblet of red wine and dive into the free fajitas and ribs botana with abandon.
Even the botana, from El Tejon on the corner of the US 77-83 frontage road on Alton Gloor, was unique. Mike Cisneros and his partner Henry Sanchez (son of the late State Rep. Henry Sanchez and wife Maria Luisa) decided to go back to the basics, even naming their business after the traditional name for Alton Gloor Road. Called the "Original Fajita," it has achieved the sweet taste of mesquite-grilled carnes to perfection with ribs cooked so soft that the meat slid off the bones.
Partners Neece and Ramirez are already working on remodeling the entire front part of the 1880-circa former tannery (former cantina, former ropa de segunda) building which they hope to open as the Half Moon within a few months.
On any given day or afternoon, Ramirez is overseeing and his crew hammering, sawing and painting the high-ceiling building wooden and brick building. Concurrently, the plumbing work is progressing in the old hide yard area behind the building as necessary remodeling continues.
Once done, the partners hope to give not only local musicians a new venue to ply their wares, but also provide local craftsmen (and women) a market for their wares.
If you had the chance to frequent the Crescent Moon, count yourself among the lucky ones who were there at the origin of resurrecting live rock and roll and alternative music downtown. Judging by the evolution of the downtown district, experience has shown that conjunto and rock and roll can coexist just fine, thank you. It took a sliver of a moonbean to prove they could.
See you at the next Half Moon!

Saturday, June 23, 2012

FEDS SHOULD KNOW WHEN TO LEAVE WELL ENOUGH ALONE

By Juan Montoya
It's bad enough for Ray Marchan's attorney Noe Garza Jr. to have been defeated resoundingly by the decision of a federal jury and have his client found guilty on all seven counts of racketeeting and bribery.
Now he has to contend with an assistant U.S. Attorney who would have his pound of flesh for statements made in the course of defending his client against the full resources of the federal government. He has asked that Garza forfeit his attorney’s fees or pay $50,000, or that the judge impose sanction him in some other way.
Not satisfied that Garza has publicly apologized, prosecutors now want to humiliate him and to make an example out of him to quell a growing sentiment in the community that the brash attorney might have been on to something and to keep others from emulating him.
To make matters worse, by pressing the issue that he wants federal judge Andrew S. Hanen to deliver him Garza's head upon a silver platter, Michael J. Wynne opens up the federal prosecutors' office to scrutiny by the local community.
We were under the impression that comments made by attorneys in the course of a trial were in some way protected and that they had some sort of immunity from prosecution. Now we see that even they could be sanctioned if the feathers of a federal prosecutors have been ruffled by a defense attorney voicing what is being said outside the court: that the prosecution of Marchan for paying a paltry $11,000 to federal witness Abel Limas while letting others walk who gave Limas bribes (inlcuding some prominent white attorneys) smacks of racism and selective prosecution.
There, we've said it. Are we also going to face the wrath of  Wynne and his fellows at the federal bunker and be called before Hanen for voicing the opinion of the people on Brownsville streets?
Wynne, according to reports by cutting-edge reporter Emma Perez-Treviño, said Garza's voicing of these sentiments “crossed the line from zealous advocate to inflammatory rabble rouser.”
He said the statements "accused the government – including members of the prosecution and the investigating agency – of being racist, and did so publicly in Federal Court.”
The federal prosecutor states that “the accusations of racism most certainly resonated in the minds of those present in court at the time they were made, and are now memorialized in the transcript, court records, newspapers and beyond.”
As far as we can tell, the slam dunk on the Marchan verdict indicates that the men and women of the predominantly Mexican-American jury didn't buy Garza's base appeal to race, doesn't it?
Hey, Wynne, where were you when your fellow prosecutor Jodi Young donned a Ku Klux Klan hood and Mexican peon sombrero and played the clown before a mixed crowd of retired and active federal employees including U.S. Customs, ICE, and federal court clerks at a very public golf course during a charity tournament?
If Garza spoke a few words, didn't Young's actions speak volumes (never mind the thousand words) by dressing in that get up before people who are under oath to protect the civil rights of all the residents of this country?
Just a gag, you say? Perhaps it could be considered that if you weren't a member of one of the ethnic groups that have been intimidated, lynched and burned by the KKK or who are insulted by the sight of a federal prosecutor wearing the hat of a Mexican peon before them. After all, prosecutors depend on these "peons" to make them look good in court, don't they?
Where was your outrage then?
But then again, those groups don't hold the full power of our federal government in their hands and want to use it in a fashion that can only be called vindictive upon a defense attorney who knew he was defending a lost cause to begin with.

ERIN HERNANDEZ'S MOB CONTINUES TO HOUND BEGUM

By Juan Montoya
Coming just days after the rabid supporting cast of Erin Hernandez Garcia's supporters for JP 2-2 set upon opponent (and top vote getter) Yolanda Begum at the Villa del Sol High Rise dining area for the elderly, the gang was at it again.
In what can only be described as a campaign of intimidation and harassment, the same crowd – excluding Erin's mother Norma and the candidate herself – once again crashed a Begum campaign visit to a day care center and created a spectacle before the elderly clients there.
As we have heard, when Begum and some of her supporters arrived at the day care, there was one Hernandez supporter there and they worked around him passing out her cards. He then picked up his cell phone and called in reinforcements.
Within 10 minutes, a gang of Erin's politiqueros arrived in force and begin passing out cards and shouting at the elderly clients gathered there not to vote for Begum because she wasn't a lawyer, the mantra of choice for the Hernandez supporters.
The scene again got ugly and a near confrontation erupted at the viciousnmess of the Hernandez supporters' attacks upon Begum and her workers.
Apparently, Ernie and his family believe that the votes they have harvested over the years from these centers are theirs exclusively. They are not about to stand idly by and allow some other candidate to give the voters a choice if they can help it.
By now, it has become evident that the rules of engagement in this election is going to be one of "no holds barred, and take no prisoners."
After the fiasco created by Erin, her mother Norma and her rabid supporters at the Villa Del Sol, Begum returned to offer her apologies to the residents who had been present during the unpleasant spectacle created by the Hernandez possee.
Who else has a hand in devising this type of strategy besides the Hernandez? And where are the Democratic Party officers to reign in this type of unbecoming behavior? Or is it an anything goes mentality that will guide us to July 31?

Friday, June 22, 2012

TEXAS SUPREME COURT VACATES COURT OF APPEALS JUDGEMENT AGAINST PETER ZAVALETTA, FREEDOM COMMUNICATIONS (BROWNSVILLE HERALD), REMANDS CASE



(Ed's. Note: Rather than comment on a subject way beyond our modest legal expertise, we will let the reader peruse through the rationale behind the Texas Supreme Court's decision to vacate the rulings issued by convicted former 404th District Judge Abel Limas against Brownsville attorney and former Brownsville Navigation District Commissioner Peter Zavaletta and the Brownsville Herald. As a result of the Limas indictment, it was disclosed that Limas admitted to taking a bribe in return for rulings for the plaintiffs in the case. Zavaletta has indicated that he will now seek sanctions against the respondents and counsel in the case.)

FREEDOM COMMUNICATIONS, INC., D/B/A THE BROWNSVILLE HERALD AND
VALLEY MORNING STAR, PETITIONER,
v.
JUAN ANTONIO CORONADO, ET AL., RESPONDENTS



This interlocutory appeal is from the denial of a media defendant’s motion for summary judgment regarding claims that it defamed the plaintiffs and invaded their privacy by publishing a political advertisement.
We conclude that neither the court of appeals nor this Court has jurisdiction to consider the merits of the parties’ arguments because the trial court judge accepted a bribe for ruling on the summary-judgment motion, constitutionally disqualifying him from this case and thus making his order void.
We vacate the judgment of the court of appeals and remand the case to the trial court for further proceedings.
In 2008 Peter Zavaletta sought election to the position of Cameron County District Attorney.
During the course of his election campaign he advertised in the Brownsville Herald and Valley
Morning Star, two  Freedom Communications, Inc. (Freedom)  newspapers, that the incumbent District Attorney failed to prosecute child abuse cases.  The advertisement included the names of
individuals who were arrested, but not prosecuted, for alleged child abuse. Juan Antonio Coronado,
Francisco Solis Ramirez, Roberto Rivera III, and Ruben Contreras (collectively, Coronado) were
among the persons identified in the advertisement.
They sued Zavaletta, Freedom, and former District Attorney Yolanda DeLeon, contending that the advertisement defamed them and invaded their privacy. Freedom moved for summary judgment on the grounds that the advertisement was accurate, true, and non-actionable under the United States and Texas Constitutions and Texas statutory and common law.
The trial court judge, Abel Limas, denied the motion and Freedom filed an interlocutory appeal.The court of appeals affirmed, with one justice dissenting. Freedom filed a petition for review in this Court and as part of its briefing provided a copy of a plea agreement filed in the United States District Court for the Southern District of Texas.
The agreement shows that after the court of appeals issued its decision, Limas pleaded guilty to federal
racketeering charges. He admitted in the plea that on May 8, 2008, he accepted $8,000 in cash for, in part, making rulings favorable to the plaintiffs in this case, including “denying [Freedom’s] Summary Judgment [motion] on November 26th.”
The plea agreement is not in the appellate record and Coronado urges us not to consider it, arguing that Freedom’s reference to the plea amounts to an impermissible attempt to obtain sanctions against them in this Court. Freedom maintains that the facts contained in the plea agreement are appropriate for judicial notice and it is not seeking sanctions or any other relief based on Limas’s motives in ruling on the summary-judgment motion.
Instead, Freedom argues that we should decide the merits of this appeal, but do so using “close appellate scrutiny” because Limas’s guilty plea suggests hisruling on the summary-judgment motion was not the product of good faith.
An appellate court may take judicial notice of a relevant fact that is “either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”
Here, Freedom has provided a copy of Limas’s plea agreement in federal district court and urges us to take judicial notice of the facts in the agreement.
Freedom’s request leads us to question whether we have jurisdiction to decide this appeal. That is because appellate courts do not have jurisdiction to address the merits of appeals from void orders or judgments; rather, they have jurisdiction only to determine that the order or judgment underlying the appeal is void and make appropriate orders based on that determination.
If Limas’s order is void, then the court of appeals did not have authority to consider the merits of Freedom’s appeal from the order denying summary judgment, and neither do we. In these circumstances the facts in Limas’s plea agreement are relevant, it is appropriate for us to take judicial notice of them, and we do so.
The facts in the plea agreement show that Limas had an interest — an illegal interest, no less — in this case because he obtained a pecuniary gain as a direct result of his rulings, including his order denying Freedom’s summary-judgment motion.
Therefore, he was disqualified and his discretionary ruling on the summary-judgment motion was void. Because the order on which Freedom bases its appeal is void, we cannot address the merits of the appeal and the court of appeals did not have authority to do so either — even though it had no way of knowing so.
Accordingly, without hearing oral argument, we vacate the court of appeals’ judgment and
opinion. We remand the case to the trial court for further proceedings.
OPINION DELIVERED: June 22, 2012

TENNESSEE SHERIFF INVESTIGATING BOLIVAR RELEASE SNAFU


From: WDKN-AM 1260
Dickson, Tenn.
Dickson County, Tenn., Sheriff Jeff Bledsoe says an internal investigation is being conducted to determine how a man charged with murder in Texas was released from the Dickson County Jail about two weeks ago.
Randall Bolivar, age 31, of Brownsville, Texas, turned himself in Saturday at the Cameron County Jail after he was added to the Tennessee Bureau of Investigation’s Top Ten Most Wanted fugitives list. 
Already serving a 15-year prison sentence in Texas for possession of marijuana, Bolivar was brought to Tennessee where he pleaded guilty to drug charges in Dickson County and was sentenced to three years probation. 
But before Bolivar could be transferred back to Texas, the Tennessee Bureau of Investigation says he was “inadvertently” released from the Dickson County Jail, despite a pending charge of first-degree murder.
“We want to determine if it was human error or if there was some kind of computer problem,” Bledsoe said  about the investigation into Bolivar’s release. 
After determining that Bolivar might have fled the state, the TBI added him to its fugitives list. Bolivar turned himself in to authorities in Texas the next Saturday and was arraigned the following Monday on charges of fleeing from justice and a parole violation.
He is being held without bond. 
Bolivar is charged with first-degree murder for the 2009 shooting death of Aaron Castillo in what Texas authorities describe as a confrontation over $500 that Castillo’s brother allegedly owed Bolivar.
 Bledsoe said if his investigation determines that procedures or policies were violated in Bolivar’s release, there will be some type of disciplinary action taken.

DE FORD ENDORSES SAENZ; MASSO ROW TO HOE GETS HARDER

By Juan Montoya
It came during the fundraiser that runoff Democratic Party candidate for District Attorney Luis Saenz held yesterday at Louie's Backyard.
The messenger, in the form of local architect David Mendez, said that even though Asst. DA Maria De Ford, who was barely kept out of the runoff could not be present in person, he was authorized to announce her endorsement of her colleague in the embattled District Attorney's Office.
Saenz is facing a runoff July 31 against former Cameron County Asst. DA Carlos Masso who barely beat out Saenz, also a fomer DA, and De Ford, who took a leave of absence from the office to stage her bid.
 Masso's 8,072 votes were just 306 over Saenz's 7,766. Included in that total are an astounding 192 mail-in votes for Masso.
De Fords 6,672 votes gave her almost 30 percent of the vote, with Masso getting 35.8 and Saenz 34.5.
Now, with De Ford endorsing Saenz, it appears that Masso's bid just became a mite harder.
For his part, Saenz welcomed De Ford's endorsement with open arms.
"The Luis V. Saenz for Cameron County District Attorney Campaign is proud to announce the endorsement of Maria Urbina De Ford," he said in a statement on his campaign web page. "Her endorsement is warmly received, and it is with great humility, appreciation, and gratitude that we accept this endorsement."



CAMERON COUNTY'S ACCIDENT-PRONE SPEED DEMON SAFETY OFFICER CRASHES... AGAIN

By Juan Montoya
By now, workers with Cameron County Public Works have grown used to seeing safety officer (in name only) Gilbert Galvan cruising through the area's rural roads at break-neck speed, emergency lights flashing from under his SUV grill.
"People think that it's a policeman when he flashes those red and blue lights," said one recently. "You don't know if you're supposed to stop or get out of his way. It's confusing."
Not long ago, Galvan failed to negotiate the curve at the intersection of FM 803 and Henderson Road and caused substantial damage to the county vehicle. A tow truck also had to be called at county expense to take the truck back to the county barn in San Benito.
Galvan, a favorite of Luis Ara, the Public Works supervisor, then had to use the county commissioner's old pickup truck until his was repaired.Then, after the costly repairs were made on the county vehicle, it was hit by another car as Galvan pulled out of a parking lot and the vehicle sustained some damage.
Back to the repair garage!
Well, guess what happened just today? Speed Demon came to the traffic light at the intersection of Sam Houston (FM 345) and FM 510 and was involved in a collision with a car driven by an elderly man. We are still trying to get more details on the mishap, but apparently Galvan said he was struck by the other car when he was turning on a green arrow and had the right-of-way.
There's only one problem with that story, witnesses say: the traffic light in question does not have green arrows.
We have just received photos of the cursed county vehicle being hauled off by a wrecker. Now, with this  collision, the county's insurance policy will again have to dole out the money (minus deductible) to fix the vehicle again.The way that favoritism works at the county, it will probably be just a matter of time before Galvan is back behind the wheel racing through the county's roads hell bent for mayhem again.

Thursday, June 21, 2012

NPR CALLS ON BROWNSVILLE, INTERVIEWS 'USUAL SUSPECTS' ABOUT MEXICO'S UPCOMING ELECTION


PETER O'DOWD, BYLINE: Stand on the edge of this unfinished railroad bridge outside of Brownsville, Texas, and you can see across the Rio Grande into Mexico. It's the first bridge of its kind to connect the countries in a century. And for businessman John Wood, it's a symbol of the way lives connect along the border.
JOHN WOOD: We are tied together. It's kind of like an umbilical cord.
O'DOWD: Texas does more business with its southern neighbor than any other state. And that's a big reason why Wood says Mexico's upcoming election means as much to him as the November contest here.
WOOD: If Mexico isn't doing well, it doesn't seem to be a whole of difference what's happening in Washington.
O'DOWD: Wood says the next president could help make Mexico well again. A more stable and calmer Mexico would mean more investment and more jobs in Brownsville.
WOOD: A better life for, not only me, but for everyone who lives in the area. [full article]

COUPLE SAYS SOSSI TURNED ON THEM IN CAHOOTS WITH THE SOUTHERN TEXAS TITLE COMPANY TO FORECLOSE THEIR LOT

By Juan Montoya
A Stell teacher and her husband say that city contract attorney Mark E. Sossi deliberately failed to prosecute their case which resulted in their losing their $39,800 property to a title company with which he was in cahoots and which then paid $10 for it  at a foreclosure sale, selling it later for $20,000.
The couple – Rogelio and Ingrid Gonzalez – originally sued Sossi for legal malpractice and now charge that he and Southern Texas Title Company of joining forces to defraud the couple and that Sossi kept them in the dark for years until they found out that their case had been dismissed for want of prosecution.
The Gonzalez first bought the lot in Gem Estates III, located across Military Highway from San Pedro, in June 2006 from Gustavo Montemayor and Paulita Cavazos, for $36,900 and began making monthly payments of $389.
Later that year, on September 14, Southern Texas Title Company produced a Commitment for Insurance and acquired a policy for the couple through the Title Insurance Company of America.
Then, more than a year later, the couple received a letter from a Capitol One Bank attorney that it was the successor in interest to Hibernia Bank, which it had bought. It informed the couple that it held a lien on the property they had bought from Montemayor and Cavazos.
Nevertheless, they continued to meet their monthly obligation by paying the amount due under the note.
Two months later, on Jan. 28, 2008, the couple received a "totally and completely unsolicited " letter from Sossi stating that he was representing another couple – Minerva and Marisela Guerra – who he said "may be in a similar situation as (Sossi's other two) clients" and invited them to come to his office "to speak with him about this matter."
After meeting with Sossi, the couple hired him to represent them.
Sossi then sent a demand letter on behalf of the Gonzalez couple to Southern Texas Title Company on March 17, 2008 for $39,839 plus attorneys' fees of $6,000 and damages for mental anguish which in all totalled $66,229, but upon payment of $37,400, the Gonzalez' would fully and finally releaase Southern Texas Title Company.
He sent identical demand letters to Montemayor and Cavazos offering them the same terms.
That June 28, Capitol One attorney mark Twenhafel wrote the couple informing them that he had been authorized by his client to post the balance on the property covered by its lien instruments for a foreclosure on Aug. 5. He also asked the couple if they were being represented by an attorney, to have them contact him.
In all, Sossi represented seven clients against Montemayor and Cavazos, including the Gonzalez, the Guerras, Lazaro Leal Jr., and Jose and Yolanda De la Torre. He filed a lawsuit on Dec. 17 and named as defendants Southern Texas Title Company, Lawyer's Title Insurance Corporation and the First American Insurance Corporation.He charged in the lawsuit that Montemayor and Cavazos had pledged the property to Hibernia Bank, later Capitol One, in a deed of trust through a warranty deed with a vendor's lien to the property to secure the purchase price on the property. They represented to the buyers that they owned the lots and that they had the power to convey good title in fee simple. The closing occurred in trhe offices of Southern Texas Title Company, who provided the title policy, but the company failed to ensure that Capitol One was paid its lien.
Sossi wrote the attorneys for the defense on Feb. 4, 2009 t"to see if there was any interest in resolving this matter through mediation."
(Incidentally, Sossi was hired by the City of Brownsville on March 2009 as a contract city attorney for $10,000 a month and his duties included helping to draft a code of ethics for the city commission.)
Sossi then field a motion to compel mediation in the case May 5 and a hearing was held on June 2 where lawyers for the defendants told th4e court that certain parties were improperly joined and that he had not joined other appropriate parties. They argued that based on these deficiencies mediation would be premature and ineffective. The court ordered Sossi to and his pleadings and schedule mediation within 120 days.
The couple charges that about this time Sossi and Southern Texas Title Company made "certain agreements" that while pretending to be adversaries, Sossi would allow the title company to acquire the couple's lot at foreclosure even though the title company was a party-defendant in the case and would actively conceal the agreement. Sossi, the couple charges, "would interpose little to no or merely token opposition to (the company's) efforts to remove itself from the underlying litigation."
Thae following June, the 197th Court ordered Sossi to initiate a telephone conference on Aug. 25 to get a trial date. Sossi, according to their lawsuit, never scheduled the telephone conference. On Aug. 22, Ingrid Gonzlez emailed Sossi saying that she had tried repeatedly to contact him "for the past year to no avail" and asked for and update on the lawsuit adding it would only take a 1-2 minute phone call or email response.
On Aug. 24, one day before the court-ordered telephone conference was due to take place, Sossi emailed Gonzalez and said that he had been busy getting the parties together, serving them, affording them the opportunity to file answers, and...bringing them before the court for the trial setting.
Less than a month later, on Sept. 1, Southern Texas Title Company acquired at foreclosure the lot owned by the Gonzalez' for "$10 and other good and valuable consideration."
A week later, on Sept. 8, Sossi wrote the couple that he was "moving forward with initial written discovery" and that he was "aiming" for a January 2010 trial date. Sossi actively concealed from them that the title company had already purchased their lot at foreclosure.
On that very day, Southern nTexas Title Company filed a plea of abatement with the court saying more than 90 days had passed and Sossi had failed to amend his pleadings and that Sossi had cancelled two meetings with its attorneys at the last moment. The plea aslo stated that Sossi had never scheduled the telephone conference as ordered by the court.
On Oct. 14, Sossi appeared in court at the company's plea of abatement hearing and "announced in open court that (the couple) would nonsuit their claims against one of the defendants. The title company's plea in abatement was granted by agreement for 30 days. The court granted the company the plea of abatement on Oct. 15.
Sossi never informed the couple that he was nonsuiting one of the defendants despite the fact that on January 18, 2010, Ingrid Gonzales again emailed him asking for an update.
(That year, on Sept.1, the State Bar of Texas suspended Sossi's license to practice law for failure to pay dues from September 1-10.)
On Sept. 14, Southern Texas Title Company filed a motion to dismiss the case for want of prosecution. On Sept. 15, at a hearing and status conference of the title's motion, Sossi failed to appear. The company cited Sossi's "repeated failures to comply with the court's instructions," Sossi's announcement of nonsuit,the court's order granting plea of abatement in its favor, and his failure to amend his pleadings to correct certain deficiencies of parties" and Sossi's failure to prosecute the case with due diligence to support their motion for dismissal.
The court granted the motion for dismissal for the company and Sossi never challenged or appealed it.
Less that two weeks later, on Sept. 26, Ingrid Gonzalez emailed sossi and wrote him that "over a year has passed and we have not heard from you." Sossi never responded, the lawsuit states.
The couple later discovered that their case had been dismissed and that the title company had bought their lot for $10. On Feb. 1, 2012, Southern Texas Title Company sold the lot to a third party for $20,000.
The couple charges that Sossi and the title company engaged in a joint enterprise to harm them and that they had an agreement, common purpose, a community of common interest, and had a right to direct and control the enterprise. They also charge the company with wrongful foreclosure and say Sossi failed in each and all of his duties, specifically:
– that he failed to timely comply with court orders that he correct the defect in his pleas
– that he failed to convene the telephone conference setting trial
– that he failed to respond to the motion to dismiss
– that he failed to appear at the hearing on the motion to dismiss for lack of prosecution
– that he failed to reinstate or move for a new trial following the dismissal order
– that he failed to appeal the dismissal of the case for want of prosecution
The couple claims their claims were meritorious but that Sossi's acts and omissions caused them damages.
They also charge Sossi and Southern Texas Title Company with common-law fraud by nondisclosure. They charge that the conduct of the defendants rose to malice and ask for punitive damages aside from the actual damages.
Rogelio and Ingrid Gonzalez and their attorney Peter Zavaletta declined to comment on the lawsuit against Sossi. Sossi was already served and Guy Huddleston, president of the title company, was also served.

Wednesday, June 20, 2012

REPORT: FAST & FURIOUS LINKED TO ICE AGENT JAIME ZAPATA

Sipsey Street Exclusive: Investigators discover I.C.E. Report of Investigation on seizure of Fast & Furious weapons in Texas in August 2010 SIGNED BY JAIME ZAPATA! 

  "The Department of Homeland Security, ICE and the Department of Justice have long denied that the case of Jaime Zapata had anything to do with Fast and Furious."

Congressional investigators permitted to view Department of Homeland Security documents related to the Fast and Furious operation have located and seen an Immigration & Customs Enforcement (ICE) Report of Investigation (ROI) from August 2010 describing 80 weapons seized in an arms smuggling interdiction between Phoenix, Arizona and San Antonio, Texas. Of these weapons, the majority (approximately 50) were noted to have come from Operation Fast & Furious in Arizona, purchased by Uriel Patino and Jacob Chambers. The ROI was written and signed by Homeland Security Investigations Special Agent Jaime Zapata, who was shot dead in an ambush at a fake roadblock in San Luis Potosí, Mexico on 15 February 2011. At the time of the report, Agent Zapata was assigned to the Laredo office.
Two of the weapons found at the murder scene were later traced back to Texas -- One was purchased in August 2010 near Houston on behalf of accused drug dealer Manuel Gomez Barba, and the other in October 2010 by a Dallas trafficking ring that included Otilio Osorio and his brother Ranferi. Much like Fast and Furious, both groups had been under ATF surveillance for many months, although ATF officials in Texas later denied that any gunwalking happened in their state. United State Senator John Cornyn has pressed Eric Holder and DOJ for details on any gunwalking in Texas. So far, he has been met with denials or silence.
The Department of Homeland Security, ICE and the Department of Justice have long denied that the case of Jaime Zapata had anything to do with Fast and Furious. The discovery of this ROI by Zapata, "puts the lie to that (expletives deleted) by Napolitano and Holder," according on source who spoke with this reporter on conditions of absolute anonymity.
Multiple sources including current and former employees of the Department of Justice and the Department of Homeland Security have confirmed this explosive new revelation in the Fast & Furious investigation. Said one source, "I think (DHS) is covering up something big." He added, "I feel betrayed."
At the time of Agent Zapata's death, President Obama declared "The United States will work with Mexico to bring the assailants to justice." For her part, Janet Napolitano avowed: "Let me be clear: Any act of violence against our ICE personnel — or any DHS personnel — is an attack against all those who serve our nation and put their lives at risk for our safety."
One source indicated his frustration that neither DHS nor the FBI have come under scrutiny for what they know about gunwalking operations and the murders of Agent Zapata and Border Patrol BORTAC Team member Brian Terry.
Said another, "DHS walked away and pretended that this was Holder's problem," adding "If they didn't know, they should have known."
The revelation of the existence of Agent Zapata's August 2010 ROI should serve to bring more scrutiny to Janet Napolitano and her knowledge of gunwalking and the murders of Zapata and Terry, despite her previous denials under oath.
According to sources, both DHS and DOJ are "in a deep panic" that "their carefully contrived cover-up is breaking down," in the words of one.
Early morning inquiries to the offices of Congressman McCaul and Senator Cornyn for comment have not, as yet, been answered. This is not their fault, as I have had to push up the post time for this article out of concern for being scooped by other news organizations which I know are cognizant of this story. Their comments will form the basis of a follow-up story.

(Reporter's note: This may be the most important story I've written this year, and once again I ask my readers to help me get the truth out around the roadblock of the dinosaur media. If you believe that this story is as important as I do, please forward it to your Senators and Congressmen, demanding that they widen the investigations of Obama administration gunwalking to Janet Napolitano and the Department of Homeland Security.)

 

DID IT HELP FOR MARCHAN'S LAWYER TO PLAY RACE CARD?

Comment 1: Its the elephant in the room that they do not want to recognize. It is the truth. But as Mexicanos..whether educated or not... they want to continue to have us to the "yesum sir..we will do as you say" The racism has not changed ... its a alive ..just more sophisticated in the RGV. Now we call it "sanctions" for standing up for the Truth.
 Note: The Black community would have had his ass (Asst. U.S. Attorney Jodi Young) fired long time ago. The mentality that its ok... its only a Mexican/joke. Obama wants our vote but not defend us. I am sure a complaint was filed against this behavior but zero action. There is a "witchhunt" and yes it is a "white" mandate.

Comment 2: A number of years ago a young attorney with deep roots to this community graduated from law school and wanted to return to Brownsville to practice. He approached Federal Judge Filemon Vela for advice. Judge Vela suggested that he change his last name or use a Hispanic last name in order to be successful in Cameron County. That seems to indicate a prejudice (officially and unofficially) by Hispanics against Anglos. This community is about 95 percent Hispanic and Hispanics control the government and the Democratic ruling party. Yet, the Hispanics refuse to take action against corruption....its part of the culture. So, when there is evidence of corruption guys like you Juan bring up the race card; just like Al Sharpton and Rev. Jackson. As long as locals refuse to police the Democratic party and take action against corruption...somebody has to do it.

Comment 3: Using the race card was not only stupid, it was the desperate act of a mamon lawyer. There is no distinction between Brown and White here, both sides have their share of crooks and idiots. (Marchan defense attorney Noe) Garza is simply a racist with a guilty client, and bears no resemblance to lawyers who really fought for minority rights.

Comment 4: The only racist is Garza, for trivializing racism. Bola de mamones son ratas, and we do have them in our Mexican culture as well as in all others.

Comment 5: Corruption is corruption, white, Hispanic, black, etc. We must as citizens look at the facts and determine whether the accused is guilty of the allegations brought forth by the federal government. The jury does not decide if this is a witchhunt and the white guys get off free. The jury looks at the evidence and determines if the accuser is guilty, regardless of color. It is apparent that the defense did not have any evidence to refute what the government had alleged and therefore used the race card. I can only assume that the jury was just, composed and impartial when the facts were submitted to them. I thank the jury for a job well done.

Comment 6: What was the ethnic profile of the grand jury? And the trial jury? I bet I know. Mescalero

Comment 7: Former county employee said...Interesting write up Montoya? Sounds like you agree with Noe Garza on that perception of the government picking and choosing? Bottom line, like one other blogger wrote. "Corruption is corruption and a jury of MARCHAN'S peers found him guilty". Who cares the color of their skin? These are and were elected officials who ran for office to publicly serve. As anyone in public office knows that the purpose of being an elected official is for notoriety, resume, standing and making money. The only problem is that "making money" leads to greed. The problem is that the voter sometimes TOO ignorant to vote their common sense and go with their heart or family loyalty. Thus, this is the result of that chose of vote? Elected officials being Indicted, convicted and sentence to prison. Let's just hope that this will teach those a lesson and prevent this from occurring again, at least in my lifetime?

DOES THE "C" IN CORTEZ STANDS FOR "CHUECO" OR "CONCHUDO?"

By Juan Montoya
For years now, former Brownsville Independent School District trustee Ruben Cortez has been flying under the radar.
Cortez, the son of Justice of the Peace Linda Salazar, husband of a BISD elementary school principal, business partner of local attorney Rick Zayas in a lucrative jail commissary contract, and possessing only a high school equivalency education, wants to be one of 15 members of the Texas School Board of Education.
After the public furor that erupted over the fact that commissary contract that was awarded without bidding and that his cousin was the chief deputy for the sheriff awarding the contract, there was a call for proposals. Cortez and his partner were again awarded the contract that nets them more than $650,000 a year by a committee made up of county employees.
Above all, he is counting on his political contacts to try to beat Celeste Zepeda Sanchez, a San Benito CISD trustee and city commissioner with a Master's degree and more than 35 years in education in the July 31 runoff. His slogan? How about "Keeping Politics out of the Classroom."
 How's that for chutzpah?
So far, he has been able to bamboozle the Texas State Teachers Association, the Association of Brownsville Educators (AOBE) under his crony George Borrego, the Brownsville Unity Council, the Rio Grande Valley Central Labor Council, the mayor of Mercedes, the schools boards of major school boards like those at La Villa, Santa Maria, PSJA, and Monte Alto.
Still, Cortez's charm has been lost on more discerning eyes, like those of the editorial board of the Corpus Christi Caller-Times who gave Celeste Sanchez its endorsement calling her the best qualified for the position. In the May 29 election, he trialed far behind Sanchez in the voting. Now he is scurrying to pull votes from his hat (and those of his paid politiqueras) to try to overcome his deficit.
It's interesting that in none of his qualifications does he list his education. Instead, he fills up the space with the committees and boards to which he got himself appointed while he was with the BISD.  
 We're sure that Cortez didn't tell those attending his weekend pachanaga at the appropriately named "La Cucaracha Bar" that he is currently named in two major lawsuits as a result of his actions while on the BISD board. One other has already been settled in federal court and the district had to renumerate lost income to the plaintiff and award his attorneys their fees.
In the others, he is till pending on civil rights violations like retaliation, rigging insurance bids in favor of his friends, and engaging in conspiracies to subvert the grievance process to fire a superintendent and a chief financial officer who didn't do his bidding.
Read what former Superintendent Hector Gonzales says about Pretty Boy Ruben Cortez in his amended motion before a state district court:
– February 2007: (Ruben) Cortez visited Gonzales and told him he did not want insurance provider Healthsmart as the new insurance carrier for the district. He told Gonzales that he and the other (co-conspirators) wanted Mutual of Omaha, or any other firm in which Johnny Cavazos would be the agent. Gonzales said he would not participate in this conspiracy.
– March 2007: Cortez approached Gonzales again on the same issue and insisted that Gonzales only recommend one of Cavazos' insurance firms for the upcoming insurance contract. Again, Gonzales refused to join the conspiracy.
– Dec. 2007 to February 2008: (Rolando) Aguilar Cortez, and (Joe) Colunga met with Gonzales to discuss their "concerns" regarding the upcoming health insurance contract. They made it clear that they did not want Healthsmart, but one of Cavazos' companies.
– Also May 2008: Cortez went to Gonzales and instructed him to promote his wife to principal of Benavides Elementary. Cortez threatened Gonzales that "if he wanted to remain at BISD as superintendent, he should make it happen. Gonzales said he could not oblige such a request. Cortez responded "we will see what happens."
– Sept. 16, 2008: CFO Antonio Juarez recommended AAG/Berkley for the Stop-Loss Insurance contract which was not adopted by the board at that meeting. Afterwards, Cortez visited Gonzales in his office and told him he did not like the recommendation and didn't like "being lied to." Gonzales said he would have Tony Resendez, counsel with Walsh, Anderson, Gallegos, Brown and Schultze to look into the matter. Resendez recommended the matter be handled administratively with a warning to Juarez that perhaps he did "not communicate effectively" to the board.
– Immediately after the Sept. 23, 2008 board meeting: Gonzales and board members attended CUBE convention in Las Vegas and Cortez approached Gonzales and told him the current board did not extend his contract because they were going to "hold him hostage." He also said his job "was on the line" and that the superintendent needed to "prove that he would do as they directed" and to "start proving himself by firing Rendon because that would make Colunga very happy."
Further, Cortez said there was going to "be a change" and that Gonzales needed to "play ball with his side" or be fired. He also said that once Zayas was elected, they would have the majority vote and that they wanted the current insurance policy cancelled and a new insurance policy to be awarded to Cavazos.
Cortez also told Gonzales they wanted Rendon fired and his contract terminated immediately. Further, Cortez warned that Gonzales "needs to listen to him because they will be in control and all he has to do is do what they tell him to do" because "this was the way Brownsville operated."
– Oct. 21: Cortez requested a consent item on the agenda related to "apparent misinformation" directed toward board members on insurance contract. Another "superintendent evaluation" was placed on agenda but no action was taken. Aguilar. Cortez, and Colunga all met with Gonzales separately after the meeting regarding Juarez. Each conveyed to Gonzales that they wanted him to fire Juarez for "lying" to them regarding the Stop-Loss insurance contract they wanted to go to Cavazos. They all wanted Gonzales to fire him and then give a recommendation to Cavazos' company.
When Gonzales didn't fire Juarez, but instead reassigned him to a grant administrator position, Cortez's reaction was immediate.
– Upon discovering the reassignment, trustees Aguilar, and Cortez went to Gonzales' office outraged. They both screamed "Why didn't you fire Tony? Why didn't you just terminate him?"
– In the days and months following this episode: The BISD majority and its co-conspirators tried to procure false grievances against Gonzales in a further attempt to discredit, discriminate against, and terminate him.
– Sept. 18, 2009: Because of his refusal to stop and/or silence efforts to uncover and expose illegal and other improper activity of the conspiracy, Gonzales was terminated. He further charges in his petition that the conspirators – including Cortez – "manipulated and created evidence, coerced and intimidated witnesses, gave false testimony, and falsified records to make it appear that the Special Services Department was in a financial mess and in an organizational shambles. Further, the conspirators controlled, corrupted, and manipulated the entire grievance and appeal procedure such that the outcomes of specific and selected cases at the conspirators' choosing, were pre-determined."
This is not all. Cortez was also in the majority sued by former Special Needs Department Director Art Rendon, who stated in a sworn deposition in his case (Southern District of Texas 1:10-cv-00198) that:
"58. On or about June, 2008, Ruben Cortez, a sitting board member on BISD, contacted Plaintiff directly via telephone. He instructed Plaintiff to hire his sister, Linda Aguilar, for summer school employment as a Special Education teacher.
59. Plaintiff informed Mr. Cortez that BISD had hiring policies in place and instructed him that the hiring application for the summer of 2008 had already been accepted and processed.
60. Cortez sent Plaintiff his sister's application and insisted Plaintiff call her immediately and giver her a job. Plaintiff set up a meeting between Cortez's sister Linda, Ana Lerma, who was a Special Education supervisor, and Dr. Lee Garcia, Assistant Director for Special Services. At the meeting, Ruben Cortez's orders were followed, and Linda Aguilar was given a job for the summer of 2008.
And this is the guy who is running under the slogan of "Keeping Politics out of the Classroom?"

LIMAS PUTS 'DEDO' ON POKER BUDDIES, DEALS FEDS WINNING HAND

By Juan Montoya

They say every dog shall have his day, and disgraced 404th District Judge Abel Limas is making the most of his.
On Monday, his testimony and tapes from wiretaps on his phone and on his body resulted in the conviction of his former "friend" and friendly lender Port Isabel Attorney Ray Marchan.
Waiting in the wings to take their turn on the federal scaffold is Cameron County District Attorney Armando Villalobos, Austin attorney Marc Rosenthal, and a whole alphabet soup of local and outside lawyers who crossed him, or shall we say, crossed his path while doing business in local courts.
Already, his testimony is known to include several district judges who he said committed unspeakable "crooked" and unethical acts. Limas, in his attempt to save his skin, his wife's, and his son's freedom, has spilled his guts to the federal government.
Those judges – 138th District Judge Arturo C. Nelson, 444th District Judge David Sanchez, 357th District Judge Leonel Alejandro and 404th District Judge Elia Cornejo-Lopez – can only guess what's contained in the folders waved by federal prosecutors before the jury that convicted Marchan, except that Limas claims the allegations contained therein are true.
Now, this is from a man who has admitted he lied to the government, to his "friends," to other judges, to other attorneys, and we're sure, to anyone who would believe him.
Andrew Hanen, the federal judge in the case, has pretty much shown that just about everything the prosecution asks will be given them, and even wants to sanction the statements of Marchan's attorney Noe Garza for even suggesting that the prosecution of Marchan (a hugely successful Mexican-American attorney) was selective prosecution by the feds when other actors  – among them Charles Willette, Michael Young, both (dare we say it?) were white as was the lead prosecutor –  were not.
Despite Judge Hanen's and prosecutor's Michael J. Wynne demand that Garza forfeit his attorney's fees or pay $50,000 "in order to send a message" to (other Mexicans?), the perception out in the community is that the federal judiciary and the prosecutors are playing on the same side.
"We have a crooked elected official (Limas) who is getting even with those that he has something against," said a local elected official. "The only reason they went after Marchan was because he chose to defend himself in court instead of lying down and playing along with the feds. Now Limas is turning on everyone he doesn't like."
That perception –justified or not – is one widely held in the Brownsville area. Getting Marchan, who has been immensely successful in maritime cases and against insurance companies even before the Limas fiasco, would send a message to other like him to learn their place and cooperate, the thinking goes.
The brown vs. white scenario has been one that local defense attorneys have pointed out when it was learned that Jodi Young, the federal prosecutor involved in convicting former Cameron County Sheriff Conrado Cantu, had worn a KKK hood and a Mexican peon sombrero in front of a large audience that included scores of active and retired federal employees with the Border Patrol, ICE and the federal court employees.
Affidavits submitted to the courts and the Department of Justice also charge that Young and other prosecutors reneged on a verbal plea agreement with the former sheriff that would have lessened his incarceration in return for his cooperation with their investigation.
"Now the government wants to sanction Garza for pointing out what seems obvious to a lot of people here," said a local court observer. "Isn't what Young did more egregious and points to a mindset on the part of federal prosecutors? Was Young sanctioned like they want to do with Garza? What's the difference between one and the other?"

SPACEX OPPONENT SAYS PROMISED JOBS AREN'T WORTH LOSING BEACH, WILDLIFE

By C.A. Stevens.
(This letter first appeared in the Brownsville Herald. We are reprinting it here with permission from the author.)
I am a Brownsville native. However, I spent much of my life away from Brownsville in other countries, other parts of Texas, and a number of years in Portland, Oregon. Having been in Brownsville during my formative years gave me a unique perspective. In the 90s, I watched Portland go from big town to large booming city. Upon my return to Texas, I appreciated anew how fortunate we are to have the wonderful open beaches at the north end of South Padre Island, and the entirety of Boca Chica beach.
I recently happened to see Elon Musk on 60 Minutes, then shortly thereafter learned that SpaceX was looking at Brownsville. Let me state for the record that I am not an opponent of SpaceX, I think Elon Musk is brilliant. However, I am opposed to having them set up shop at the edge of Boca Chica beach.
The message is that their presence will bring lots of jobs to the area. In theory that is great, but the reality is quite different. Obviously, there would be the initial construction jobs, but the full-time specialized jobs would largely go to people from outside the area. Out of curiosity I looked at their website. I have a college degree and a variety of work experience, but I did not find a job for which I would qualify.
Next was the May 15 Public Scoping Meeting. Coincidentally, my schedule opened up such that I was able to attend. I learned a bit about the company, but not nearly enough about the impact it would have on Boca Chica and all the wildlife. Rather it felt like a huge pep rally. I had numerous concerns, but didn't feel comfortable speaking up in the midst of all the cheerleading.
Afterwards I became exceedingly concerned when I realized the short span between the meeting and May 30 submittal deadline for comments. I proceeded to spend every spare minute identifying which environmental groups and/or state agencies to contact, to sort out what, if anything, could be done to stop this project.
Among others, I contacted the Texas Audubon Society, the Austin Sierra Club, the Nature Conservancy and the Valley Land Trust. My goal was to make them aware of the deadline and ask them to weigh in on the issue. I was able to get a copy of the Sierra Club comments. I assume the other environmental groups had similar concerns.
A few days after the meeting, a friend stumbled upon the Texas Open Beaches Act. Upon further investigation I learned that it was created in 1959, and then strengthened in 2009 when the Legislature voted to approve Proposition 9, a legislatively-referred constitutional amendment to the Texas Constitution. It states, in part: "The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public."
On May 30 I stayed up late to finish and ultimately submit my questions. I woke up the next day not sure what to do next. It occurred to me that the General Land Office might have some answers. I called and got right through to a woman in the Beach Access department. She said they had just submitted their comments and offered a condensed version. Apparently the first step in the process is to secure a Beach Dune Permit. However, the GLO will not issue one to SpaceX. The explanation was quite simple. Since Highway 4 is the only road to/from the beach, SpaceX does not have the authority to close the road and therefore, the beach.
I questioned what, if anything, SpaceX could possibly do to get a permit. Apparently, the only option would be to request that Cameron County change the local law which would require amendment of the Dune Protection Plan. She seemed to think it was unlikely to happen, but if it could, the process would likely take anywhere from six months to a year.
 Later I browsed the plan myself. A quick scan suggests that whatever Cameron County decides would have to be in accordance with the General Land Office, the Texas Attorney General and FEMA.
People need jobs, but they also need wide open spaces. Not everything can be put into dollars. How much is taking your kids to the beach worth?

Tuesday, June 19, 2012

BARTONS, CAVA, BUC, NOW RRUN-RRUN CAST OUT OF GARDEN OF CHEEZMEH

By Juan Montoya
We had heard from diverse sources that we were personas non grata in the ever evolving Cheezmeh cyber presence and wanted to see what kind of vile sin we had committed that we were so unceremoniously denied access to their site.
Sure enough, one of our cyber demons tried, and nothing.
We must admit that we never counted ourselves among Cheezmeh's cult of true believers, but we found their postings on adopting stray animals, finding apartments and a good place to buy gyros locally about as amusing as useful as an electronic Bargain Book.
The schmaltzy posts on "feel nice" and "profound" quotes to better the soul and self – a kind of cyber chicken soup for the soul – we could have done without.
That said, we are told that we join a cast (or is it outcasts?) of characters the likes of Jim and Nena Barton, most of the Firefighter Association and the Brownsville Unity Council of organized labor, Citizens Against Voter Abuse, Craig Grove, both Gilbert Vealsquezs (Jr. and Sr.), and a host (that was too glib, even for us) of other local souls who displeased the Lord and Master of the group.
Oh, well, we could do worse. We will not say we "are legion" but these are all nice enough people to be associated with, even if we may not necessarily agree with them on all issues. But who does?
Milton said: “Better to reign in hell than serve in heaven.”
We've been thrown out of better places, and anyway, the conversation (free and unrestricted) is probably better.

DOES DAVID GARZA WANT TO REALLY IMPLEMENT THE CODE OF CONDUCT?

"Thou hypocrite, cast out first the beam in thy own eye, and then shalt thou see to cast out the mote out of thy brother's eye" Matthew 7:5
By Juan Montoya
If Cameron County Commissioner David Garza really wants to implement the county's Code of Conduct, he might just have to look down the commissioner's court over to the seat next to Judge Carlos Cascos.
There, in his full splendor, sits his colleague Ernie Hernandez who is currently under investigation by a public official that Garza wants to force to remove himself from office: DA Armando Villalobos.
Garza said he wants the county to purchase the Marchan trial transcripts so the county can sanction the judges that disgraced 404th District Judge Abel Limas named in his testimony in the just-concluded Ray Marchan racketeering and bribery trial as doing things that were "wrong," and perhaps even illegal.
Limas, no paragon on virtue himself, called the kettles 138th District Judge Arturo C. Nelson, 444th District Judge David Sanchez, 357th District Judge Leonel Alejandro and 404th District Judge Elia Cornejo-Lopez black.
Never mind that Federal Judge Andrew Hanen had written letters to Chief District Judge Ricardo Hinojosa and to the State Bar of Texas on the alleged unethical behavior on the part of not only those judges, but also off some of the attorneys whose names surfaced during the testimony in the Marchan trial.
Some of that behavior included paying bribes, issuing favorable orders for attorney friends and paying courts where they practiced for ad litem appointments and other favors.
If Garza really wants to clean house he should follow the biblical advice Jesus gave to his disciples to clean out your own mess before delving into something that is really way outside your purview.
Is he really ready to throw the money changers out of the county temple?
How about starting with one who:
 – helped a relative (Robert Cadriel) cheat on a civil service exam and would perform the functions of a security guard at an international crossing even though he is a convicted felon?
– used thousands of dollars of taxpayer funds to extend the caliche on Nogal Road where another Cadriel had a firing range business even though there were no houses that far back?
– changed the ownership of his vending company from his name, to his wife's, then to Erin herself just to cover up the fact that the company in question is doing business with the county, a glaring conflict of interest.
– has consistently bent the rules in his long and glorious career as an elected official. Who can forget his having two tow truck companies in the city's rotation?
– stopped the use of the Community Center at Cameron Park by a local community group because of its "political" nature but still managed to giver his daughter's campaign a boost by collecting donations to prepare a Thanksgiving meal for colonia dwellers and hosting a gift giveaway at Christmas with Erin herself doling out the goodies?
– used harvested mail-in votes in his election to defeat Ruben Peña in his election for commissioner and then used his allies to make them disappear when the court issued subpoenas for them to appear, inlcuding Erin defending the politiqueras involved?
So what if an outgoing Villalobos in a twist of poetic justice decided to enforce David Garza's Code of Conduct on the commissioner's court for being negligent on imposing the code on one of their own member's misconduct?

EYEWITNESS DISPUTES ANONYMOUS (LINDA OR ERASMO'S) COMMENTS ON HERNANDEZ'S AGGRESSION TOWARD OPPONENT

By Angelina
To the person who says he (or she) was there:
I was there with Yolanda,when we arrived to the facility, the tables were covered with Erin's cards and Yolanda did not want to pull out her push cards, and was deciding if we should leave, when 5 or 6 women with the meanest faces entered the room and started taking pictures of me while I talked with a lady that had arthritis pain in her hand and I was holding her hand.
There were no no push cards, no papers whatsoever. The only one passing cards in the other room was Mario he was thanking the people that voted for Yolanda because she got into the runoff with almost 500 votes over the next opponent.
Erin Norma came charging at him and telling the people he was talking to not to vote for Yolanda because she was not a lawyer therefore she was not qualified.
It was very ugly and aggressive with no pretense of cordiality or good manners whatsoever.
Then they went to bully Yolanda taking pictures and walking towards Yolanda until Norma got very close to Yolanda's face. Yolanda, in turn, got her camera and took pictures of Norma as well.
Norma's and Erin's faces looked mean and evil and I noticed that Yolanda did not know what to do. (In the photo at right, Norma and Erin can be seen taking pictures and intimidating a Begum volunteer talking to a resident.)
I heard that the Cheezmeh is telling people that Yolanda dropped a mailing ballot or something, but I can assure you, and swear to you that we did not even had time to give our cards much less to fill any forms whatsoever.
I think that if the directors of this facility are supporting and helping Erin, they have all the right to choose whomever they want, but they should not have put Yolanda through this, after she gave a donation.
They asked Yolanda for an expensive donation and then call Erin to come and claim her territory when Yolanda was there.
One resident told us that Erin and her mom had been there before to another event where she made it a point to tell people how unqualified Yolanda is because she is not an attorney.
(Then again, neither is Linda Salazar, Tony Torres, Oscar Tullos, etc. But Ray Marchan, Jim Solis, Abel Limas, Armando Villalobos, Joe Valle, and others named in federal indictmetns for corruption are. We should vote for them because they're attorneys like her?)

DIRTY POLITICS IN JP RACE A 'SAD' RITE OF PASSAGE


Profile Picture
By Alex Begum

When you fight with a pig you both get dirty - but the pig likes it!

It wasn't enough that Yolanda Begum's signs have been stolen and vandalized, it wasn't enough for her opponents to spread false rumors about her education, it wasn't enough for her opponents to make fun of a proud American's accent who immigrated and thrived and lived the American dream in our County, now they have verbally and physically accosted her while trying to do a good deed for folks in need.

While we certainly expected some dirty tactics and ugly political fodder, this is simply low class and reprehensible behavior.

We deserve and should expect more from those seeking public office. If those running for office throw out all ethical boundaries and decency while attempting to win, what kind of behavior can we expect from this type of individual he/she they were to win????

My mother is running to give back! To serve the community, not take from its constituents! She is running to improve people's lives, to bring much needed decency and character to public office. This election is not a stepping stone for my mother, she could care less about seeking further political office. No one in our family has ever sought political office. We have never lived off public coffers or in any way asked for anything from any city, county or state government. Yolanda Begum is not a career politician, she is a decent, humble, honest and ethical member of our community who decided she could make a difference.

It is sad that good folks are forced to endure the dirty side of a world they have never been a part too, in an effort to make a positive change. I guess it's the new rite of passage.....

Onward.....

ASIAN IMMIGRANTS TO U.S. SURPASS HISPANICS


Asians have surpassed Hispanics as the largest group of new immigrants to the United States, according to a new study from the Pew Research Center.

The study, called "The Rise of Asian-Americans" and released on Tuesday, reveals that Asian-Americans also have the highest income, are the best-educated and are the fastest-growing racial group in America.

About 430,000 Asians--or 36 percent of all new immigrants--arrived in the United States in 2010, according to U.S. census data. About 370,000, or 31 percent, were Hispanic.

The educational credentials of these recent arrivals are striking. More than six-in-ten (61%) adults ages 25 to 64 who have come from Asia in recent years have at least a bachelor’s degree. This is double the share among recent non-Asian arrivals, and almost surely makes the recent Asian arrivals the most highly educated cohort of immigrants in U.S. history.

Compared with the educational attainment of the population in their country of origin, recent Asian immigrants also stand out as a select group. For example, about 27% of adults ages 25 to 64 in South Korea and 25% in Japan have a bachelor’s degree or more.2 In contrast, nearly 70% of comparably aged recent immigrants from these two countries have at least a bachelor’s degree.

Monday, June 18, 2012

RAY MARCHAN CONVICTED OF BRIBING JUDGE LIMAS


Attorney Ray Marchan gambled with the feds... and lost.
Two weeks after turning down a plea agreement and choosing instead to face a jury, Marchan has been found guilty on all counts in the FBI’s public corruption investigation of former 404th District Court Judge Abel Limas. Marchan, 56, was found guilty  on seven public corruption-related counts after two days of deliberation.
The jury found Marchan guilty of one count of violation of Racketeer Influenced Corrupt Organizations (RICO) as well as one count of RICO conspiracy, three counts of aiding and abetting extortion under color of official right, and two counts of aiding and abetting honest services mail fraud. Marchan was indicted June 22, 2011, following a three-year investigation of corruption by then sitting judge of the 404th Judicial District Court, Abel Limas.
“The successful prosecution of this case is an example of our strong stand against corruption and dedication to ensure the integrity of our entrusted public officials,” United States Attorney Kenneth Magidson announced today. “We respect the jury’s decision and feel the verdict is justified based on the evidence we presented in court.” During the two-week trial, federal prosecutors presented evidence Marchan paid bribes to Judge Limas.
Marchan was a respected civil litigator in Brownsville. He had attended Rice University and graduated from Stanford's law school. In 2008, he was going through a divorce, and Limas said he had heard Marchan was headed for his third bankruptcy.
 Specifically, the evidence proved he paid bribes or kickbacks to Judge Limas in return for favorable judicial rulings and an appointment as ad litem attorney. An ad litem is appointed to represent the interest of any minor or disabled person in a lawsuit. Evidence proved Marchan received favorable rulings in two cases in which he was appointed as ad litem attorney, Aide Fink vs Sun Valley Dusting and Juan Mancillas vs American General Insurance.
Evidence showed Limas received cash payments totaling $6,200 from Marchan on two occasions shortly after Marchan received ad litem fees on the Mancillas case. On each occasion, evidence showed Marchan had contacted Limas and referenced the transaction.
Bank records were also entered as evidence. Limas testified as to the transactions and that the money was in return for having appointed Marchan as the ad litem attorney. He also testified to an earlier incident when he received money from Marchan, but he could not recall the specific amount.
In a third incident, Limas received a $5,000 check on June 27, 2008. An FBI agent testified he observed Limas arrive at Marchan’s office and only spending approximately five minutes there before leaving.
Prosecutors presented evidence proving Limas deposited the check shortly thereafter. Limas acknowledged though his testimony the payment was in return for having Limas deny a motion for sanctions filed against Marchan by opposing counsel in the Fink case.
Marchan was also convicted of the two mail fraud counts, which prosecutors proved mail use to carry out the bribe or kickback scheme. An attorney representing Sun Valley Dusting testified regarding one of those charges—the motion for sanctions mailing—and to not knowing Marchan had been having improper communications with Limas on the motion. Federal law makes it a crime for anyone to use the mails in carrying out a scheme to defraud.
Jurors also heard testimony of Limas as well as an FBI special agent concerning the broader Limas investigation involving others already arrested and convicted of aiding and abetting Limas in the corruption as well as of others who also received judicial favors from Limas.
To date, a total of eight defendants, including former attorneys Jim Solis and Joe Valle, former Cameron County Investigator Jaime Munivez, Limas’ middleman Manuel Longoria, Armando and Karina Pena, and former bondsman Francisco Cisneros, have entered guilty pleas in relation to the Limas investigation. Limas himself entered guilty pleas to RICO public corruption-related violations and is scheduled to be sentenced August 27, 2012.
United States District Judge Andrew S Hanen, who presided over the Marchan trial, has set sentencing for September 24, 2012, at which time he faces a maximum 20-year prison term and a possible $250,000 fine for each count of conviction. Marchan was allowed to remain on bond pending that sentencing hearing.
The charges in relation to this case are the result of an ongoing three-year investigation being conducted by the FBI, Drug Enforcement Administration, and the Brownsville Police Department. Assistant United States Attorneys Michael Wynne and Oscar Ponce are prosecuting the case. [Article courtesy of 7thspace.com]

rita