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BISD RECYCLING: ESPY, LORENZO...AND HEEERE'S JOHNNY

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By Juan Montoya
We're not so happy to tell you that the Brownsville Independent School District has taken a lead on other public entities at recycling.

The City of Brownsville has taken a rather weak stab at citywide recycling, but the old guys in bikes who cruise the alleys looking for discarded pop and beer cans make those efforts look tame. Ditto for the cardboard recyclers who clean up the rusting, overflowing GMS containers.

No, and we're not talking about Martin Arambula' efforts at recycling at the BISD which almost got him fired either, or the recycling of exiled out-of-favor BISD administrators or employees at Transportation or Food and Nutrition Services.

We're talking about recycling human beings. And more and more, it looks like the recycling cycle (is that redundant?) is based on retrieving former BISD personnel from the wilds of Raymondville in Willacy County, of all places.

As we know, BISD Superintendent Esperanza Zendejas has been limping along at the district's top position. And we don't mean professionally, although some might argue that it applies, but physically, as in battling with a damaged hip. Those who see her on a daily basis say she's in need of a replacement. We mean of her hip, of course, but a human replacement seems to be in the works as well.

This is what we've heard.
Apparently, just as trustee Joe Rodriguez brought back CFO Lorenzo Sanchez from the Raymondville ISD to help him grease the skids to raid the BISD general fund and build his grandiose sports palace in the district with artificial turf and a $1.4 million scoreboard at Sams Stadium, he and other trustees are ready to bring back superintendent retread Johnny Pineda.

Pineda, RISD's longest-serving superintendent, retired from the Raymondville on January 31, 2017 after 10 years at the helm. In 2016, parents of the district filed a petition with the board not to extend his contract citing a litany of reasons. He left the BISD in 2007.

"Whereas, we,  the parents of the Raymondville School District and the employees of Raymondville School District hereby declare that we have lost confidence in Johnny Ivan Pineda’s ability to lead the Raymondville School District.. and "call on the newly reorganized board of trustees...to not extend Superintendent Johnny Pineda's contract..."

Pineda retired the following January and moved on.

Now the plans are for Zendejas to rehire him as a Area Superintendent for Human Resources and then go on sabbatical to have her hip replacement surgery. Pineda will then be named interim principal while Zendejas convalesces from her surgery. But, our sources say, Zendejas will not return. Pineda will be named permanent superintendent and join his buddies Rodriguez as trustee and CFO Sanchez, also formerly of RISD, and things will continue to move along merrily.

Zendejas, however, will not be left out and will remain employed in an "advisory" capacity so she won't miss out on her retirement. Neato, hey? 

BUS RIDERS STAND ENDURING RAIN NEXT TO $ MILLION TRAIL

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By Juan Montoya
In what has become an embarrassing scene to city residents, this middle-aged woman waits for a Brownsville Urban System (BUS) bus as she gets pelted by a cold, steady rain on Elizabeth Street, the city's main drag.

We stopped and talked to her and got an earful.

Apparently, she is waiting for a bus to go to Valley Regional Hospital. We asked her why she was waiting on the bus that would take her to the bus terminal (excuse us, La Plaza at Brownsville Multimodal Terminal) downtown on International Blvd., instead of waiting on the other side of the street for a bus to take her in the hospital's direction.

"The bus coming from the other direction toward the hospital doesn't stop here," she said. "We have to go to the terminal and then get on the bus to go there. That bus passes right through here, but we can't get on it here because it doesn't stop. We pass right by here when we get on that bus."


In fact, Metro routes maps show that that bus stops on Washington and Palm Blvd. and then on Central Blvd,. and Elizabeth. The next stop where riders can board it is at Boca Chica and Elizabeth near Military Highway.                                                                                         
Riders from West Brownsville have to walk from their homes to these two stops to get aboard the bus. In the past, BUS administrator Norma Zamora has said the limited stops heading out of the downtown area were made to improve "efficiency."

Ironically, the woman was standing a distance from the bus sign (barely visible if you follow the tip of her umbrella) next to a building because it was the only shelter (aside from her umbrella) where bus riders could take shelter from the rain. When she spots the return bus coming, she said she walks at a fast clip to the bus stop down the sidewalk to board it.

"The only stop that has a shelter on my route is the one that is at the corner of Central Blvd. and Boca Chica," she said from under her umbrella. "I used to live in McAllen and they have shelters there. But not here."

The priorities of this city were further made clear by the fact that not far from where the woman stood is the almost always empty hike and bike trail behind the demolished Model Laundry that runs behind Sams Stadium. The city has spent – and continues to spend – millions of dollars to construct them as part of commissioner Rose Gowen's "active tourism" plan. To add insult to injury, the woman under the umbrella complained of the prices bus riders have to pay.

"Here they charge you $1 to ride the bus and have to stand in the rain to wait for the bus," he said. "In McAllen, the bus costs only 50 cents." 

SI NO TE PORTAS BIEN, TE VA A LLEVAR EL CUCUY OLIVEIRA

PARTIES STOKING MAIL-IN VOTES, WILL IT AFFECT PORT, TSC?

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By Juan Montoya

In one of my previous lifetimes, I used to work for Cameron County Pct. 1.
During the race for state senator in 1992 where Bob Krueger was challenged by Kay Bailey Hutchinson, I was called by one of the many ladies who used to collect mail-in votes from barrio elderly because – unlike the way they did in local races – there were no heavyweight local office holders running that year.

The ladies had a problem. They had collected about three HEB grocery bags of mail-in votes but had no money to mail them at the post office. Since there was little interest in the race (Krueger lost handily), I had to hustle for stamps from the likes of former District Clerk Aurora de la Garza and County Clerk Joe Rivera.

It made no difference in the race, but they had to stay in practice for the later races that would come.
Image result for javier ver, reed, cowenI recall this because we have seen a change in the use of mail-in voting in the county and state. Nowadays both parties court the elderly note and send mail-in ballot applications to their constituents over 65 years of age. But where there's a will there is a way and room for mischievousness.

Just the other day we heard that Brownsville Navigation District Ralph Cowen was seen at a local lounge tet-a-tet with some well-known politiqueras. The port and Texas Southmost College are holding elections May 5, but early voting starts April 23 and ends May 1. In fact, mail-in ballots for that race are already arriving at local voters' homes.

The increase in mail-in votes following the sudden drop after the prosecution of politiqueras here four years ago gave some people room to pause. No doubt that it has also piqued the interest of local law enforcement wondering whether the local "political activists" have gone down the straight and narrow or are contemplating returning to their bad old ways. We're told they are keeping an eye on things just to keep them honest.

Ralph Cowen, and his colleague on the board John Reed have a lot riding on this election. Cowen's brother John Cowen runs a brokerage firm that does extensive business with the port tenants. Ralph, we are told, does some of the administrative work for his warehouse operations. And Reed's brother-in-law is Mark Hoskins, runs Gulf Stream Marine, the largest stevedore company at the port. Ideally for them the makeup of the board won't change, especially the seat that will be vacated by Carlos Masso, now locked in a runoff race for the 197th District Court with Adolfo Cordova.

Those running for Masso's seat are former port candidate Esteban Guerra and Javier Vera. Guerra is a local businessman with extensive ties on both sides of the border. Vera is the CFO for John Cowen's brokerage firm, and has been for the last 20 years. So we know where his loyalties lie.

If Vera wins, John Cowen can rest assured his interests will be protected with his employee on the commission, his brother Ralph also on the board, and Reed, with whose brother-in-law he does extensive business at Gulf Stream Marine protected.

We've already heard of the Reed-Cowen one-two act where they are calling port tenants discouraging them from contributing to the Guerra campaign. With the nail-in ballots now arriving at homes, we are wondering just how involved they will get to get the early and mail-in vote out for Vera.

Will they be successful in maintaining this incestuous "club" at the Port of Brownsville?

OUR DEEPEST CONDOLENCES TO THE BARTON FAMILY

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By Jim Barton


My wife, Eloisa "Nena" Barton, died yesterday, April 9, at Valley Baptist Hospital in Brownsville. Out of respect for her longstanding request, there will be no memorial services.
(Our thoughts and our prayers are with you. Jim, Diego, and your beloved grandchild. She was the love of your life and a warm spirit for us fortunate enough to have known her. May peace be with her and with all of you.)

SOROLA APPOINTS TREASURER TO RUN FOR ELIA'S 404TH CT.

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By Juan Montoya

Appointed as an Associate District Judge and Magistrate last October, Brownsville attorney Louis Sorola has filed the appointment of his campaign treasurer for a run for District 404th District Court now held by Judge Elia Cornejo-Lopez with the Texas Ethics Commission Tuesday. (Click on graphic below to enlarge)

Cornejo-Lopez's term expires in two years. She has not indicated whether she will seek reelection.


Sorola appointed local attorney and Texas Southmost trustee Ruben Herrera as his treasurer according to the TEC filing.

Sorola was appointed to his present Associate Judge/Magistrate position by a panel of Cameron County district judges last October which included Cornejo-Lopez. Since then he has sat on arraignments and heard numerous cases, including extradition hearings.

The latest high-profile case before his court was the case of  Gilberto Escamilla, 53, a former juvenile detention center employee  accused of stealing $1.2 million worth of fajitas and who waived his right to a jury trial. He is expected to plead guilty in two weeks.

And on March 28  he sat in on the extradition hearing of  Jeffrey Henry, the 62-year-old co-owner of Schlitterbahn Waterparks and Resorts who was being held in the Rucker-Carrizales jail on murder and 17 other charges in connection to a Kansas criminal case in the death of a 10-year-old boy. Henry waived extradition and is now free on a $50,000 bond set by a Kansas court after he was extradited.

Sorola gave Kansas authorities a week instead of the mandatory 10 days to pick him up saying that the taxpayers of Cameron County should not have to pay for the cost of his incarceration.


If and when he runs for the 404th, he can count on a considerable political pedigree. He is married to Justice of the Peace Pct.2, Place 3 Mary Esther Sorola, who did not face a challenger for her reelection to another four-year term this year.

His mother-in-law – and JP Sorola's mother – is Cameron County Pct. 1 Commissioner Sofia Benavides who has easily won reelection to that position since she was appointed to serve the unexpired term of her late husband, Pedro "Pete" Benavides on November 20, 2006. Herrera, his treasurer, was the top vote getter in the last TSC elections.

Her current term expires in 2020.

Sorola's father, the late Moses Sorola, was retired from the Air Force and was well known in local political circles. He ran for public office several times on a platform of fiscal conservatism and values. His mother Norma retired after 30 years as an educator, her last position being the principal of Premier Charter School. She now does volunteer charity work with the Catholic Daughters.

Sorola was chosen from numerous applicants for the position created to streamline the magistrate's office and to fill in the breach of the district and specialty courts to handle the overflow of cases. One magistrate judge's position was eliminated during the budget process at the suggestion of the county's district judges.

The panel of judges felt the county needed an associate who would assist in the specialty courts such as the Divert Court, the Veterans Court and Mental Health Court. Sorola, well-versed in criminal and family law, and also a veteran, made the first cut and then was picked from among the applicants by the full panel of district judges.

Among the duties called for by the position was that the cases in those courts "be attended to in a timely manner, that he conduct arraignments, fill in at magistrate court during the week, perform extraditions, review probable cause, set bonds and help out in other legal procedures." During the first six months on the job, he has sat in on more than 1,900 case magistrations, habeas corpus hearings and the extradition hearing.

The requirements for the position was that applicants be licensed attorneys in good standing with the State Bar of Texas, must have four years of experience and be a resident of Cameron County. Additionally, they must be able to vote in the State of Texas and Cameron County, and have the ability to speak English and Spanish.

Sorola attended Mercer University, the the oldest private university in Georgia with its main campus in Macon, Georgia. He graduated in May 1995 and was admitted to the Texas State Bar in December 1995. He had been in private practice for 22 years as a trial attorney in personal injury, wrongful death lawsuits and other serious claims for bodily injury before his appointment.

For more than 20 years he was under contract by Cameron County to provide defense for parents in the child support court and is certified by the State Bar of Texas as a Guardian Ad Litem.

Sorola is a certified mediator and has defended clients in both state and federal courts. He is licensed to practice in all Texas courts and the Southern District of Texas, Western District of Texas and the Fifth Circuit Court of Appeals.

DID COUNTY TAXPAYERS SUBSIDIZE SAENZ'S POLITICAL STUNT?

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Image result for LUIS SAENZ


By Juan Montoya
He was in a dead heat in the race for the office of Cameron County District Attorney when incumbent Luis V. Saenz surprised the members of the joint task force working "Operations Dirty Deeds" and publicly arrested Cameron County Tax Assessor-Collector Tony Yzaguirre and a handful of tax office employees.

Among those were two commissioned tax investigators – Joe Mireles and Pedro Garza – who lost their commissions as a result of the charges against them and were terminated from their employment. For a year, both were left without a job.

After a year, Cameron County had to give them their back pay and reinstate them. The cost to county taxpayers? How about $74,700 for both of them for the one year that they were out of work.

Despite the complaints from some members of the county commissioners court, the $74,700 was taken from the county's general fund, not from Saenz's DA budget.

"We had two individuals that were with the tax assessors office who were terminated because they didn't have the proper documents...requirements,,,for not being able to do the job that they were doing," Garza asked County Auditor Martha Galarza. "And now we're paying them their back pay after all the charges were dropped, right?"

"Yes, the charges against them were dropped and they made a legal claim on a number of grounds...," answered commissioners court legal counsel. "We were authorized to make our peace to make this issue go away..."

"Where does this money come from, the general fund?," Garza asked.
"yes, the general fund," Galarza answered.

"Don't you think  we need to ask the district attorney's office in paying these funds?," Garza persisted. "We lost two employees for almost a whole year and we have to go back and pay them, and you know we lost their services, I don't know it kind of leaves a sour taste, not for the employees, but for the taxpayers of Cameron County having to endure the process of having to go through this..."

"I'm sure it was a sour taste for the employees as well," Galarza replied."

"I'm sure it was, OK," Garza said.

"Going along with commissioner Garza's comments, the public has a right to know what transpired and what's occurring with taxpayers money," said Pct. 4 commissioner Gus Ruiz.

And just last month, when Yzaguirre petitioned the trial court to expunge any record of the charges made against him after his acquittal by a jury in Nueces County, his attorneys found out that the county clerk's office there would not release the records until Cameron County paid for the costs of holding the trial there.

That cost, in addition to the travel and lodging for Cameron County prosecutors, brought the total to county taxpayer for the Yzaguirre debacle to $96,492* (*Does not include personnel salaries of the DA and Asst. DAs, the money paid to expert witnesses, Department of Public Safety officers, Texas Rangers, investigators, etc.)

Below are the costs for the trial in Nueces County charged to Cameron County taxpayers as per the county auditor's office:

Mireles, Garza: $74,700

To the hotel: 14,262.30
Travel:            1,888.20
Adtl Travel     3,999.50
Nueces County1,742.00
                    21,700

$74,700
$21,892

$96,492*

Numerous critics say that the joint task force of Operations Dirty Deeds was not in agreement with Saenz that Yzaguirre and the two men should be charged at the time.

They say the arrests were carried out prematurely (immaturely?) because Saenz was in a tight race with Carlos Masso in the race for district attorney. Numerous political observers say Yzaguirre's arrest carried Saenz over the top, especially with voters in the northern part of the county.

Did county taxpayers, in effect, subsidize the reelection of DA Saenz by nearly $100,000 as a result of the botched arrests and prosecution that timed and were carried out for apparent political purposes?

WIGHTMAN CAN'T DUCK HERNANDEZ DEFAMATION LAWSUIT

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By Juan Montoya

Partly as a result of his own legal skills shortcomings, and partly as a result of his failure to understand the law, the appeal of blogger (and disbarred lawyer) Robert Wightman to the Second District of Texas Court of Appeals for dismissal  of OP 10.33 Mike Hernandez's defamation lawsuit filed in Tarrant County has been denied.

Hernandez filed the lawsuit in the Texas 153 District Court after Wightman repeatedly posted in his blog Brownsville Voice that Hernandez was a "con man," among other things, and asked the appeals court to sanction Hernandez for allegedly "lying to the court and suborning perjury" and to order him to "compel any communications to the trial court from (him) as potential evidence of ex-parte communication."

The appeals court justices denied Wightman's appeal for dismissal of the defamation lawsuit and refused to consider his two other motions for sanctions and order to compel saying that since the trial court did not hold a hearing on the motion to dismiss, they lacked jurisdiction.

At the core of the issues raised by Wightman was the statutory obligations of the appeals court to hear interlocutory motions (when the trial court was still hearing the case) claiming that the trial court had not heard his motion to dismiss within the time proscribed by the Texas Citizens Participatory Act (TCPA).

Wightman asserted that his motion to dismiss Hernandez's lawsuit was denied by the trial "operation of the law" because it was not heard in the 30 days proscribed under the TCPA.

But the appeals court justices said that it was "undisputed that the trial court never signed an order denying the motion. (He) filed his motion of appeal believing that the motion was denied by operation of the law. But we conclude that it was not. It is undisputed that the court never held a hearing on the motion. And that fact is fatal to this appeal.

"Because Wightman's motion was never denied, we lack jurisdiction over this appeal."

In their memorandum opinion, the justices of the appeals court traced the beginning of the appeal since Hernandez had filed the defamation lawsuit against Wightan on March 3, 2017. Wightman contended that his motion for dismissal should be heard "by submission," and not during an oral argument. However, submission is an acceptable method only if the other party – Hernandez – agrees. The justices asserted that the trial court record show he had not agreed.

Wightman, believing that the trial court no longer had jurisdiction over the case because – to his way of thinking – it had already forfeited it because time had lapsed, then filed a notice of cancellation for a May 15, 2017 hearing saying the court had no jurisdiction because the motion has already been denied by "operation of law."

The appeals court ruled that although the TCPA does set a 60-day period for a motion to dismiss to be heard, it may be set more than 60 days after service of the motion if 1) trial court's docket conditions require a later hearing,  2) upon showing of good cause, 3) by agreement of the paries.

"But there is a limit: a hearing on a TCPA motion to dismiss may not occur more than 90 days after service of the motion except in cases where the trial court orders limited discovery...in which cases such a hearing may not occur more than 120 days after service of the motion."

The appeals court justices then listed the number of motions on record that Wightman had filed with the trial court, including the motion to cancel the hearing,  and concluded that "a hearing on Wightman's motion did not occur in the case because of Wightman's own conduct, not because the trial court flatly refused to set one."

Those of us who have put through the wringer by Wighman's legal "terrorism" are well acquainted by his tactics. Hernandez should be ready for these types of delays, calls for judges' (and defense attorneys) recusals for frivolous reasons, charges of homophobia, alleged impending fatal illnesses befalling him, etc., And, of course, there's always his writ of mandamus.

However, this time Wightman may not have counted on an adversary who is not about to roll over and play dead. It is doubtful that because he lost his appeal, the Texas Supreme Court will hear it. We hear that his adversaries are hoping he will file a suit in federal court next.

Wightman is, and as always been, a legal terrorist who has been terrorizing Brownsville people for over a decade by tying them up in court on frivolous suits. He could do it because they couldn’t afford to pay for a drawn out defense. Now the shoe is on the other foot and he’s out of options.

It would appear that his best option is to go terrorize some other community because Hernandez doesn't appear to be willing to go away.   

CITY EVACUATES CITY PLAZA AFTER GAS LEAK IS DETECTED

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(Ed.'s Note: Municipal employees at City Plaza were ordered to evacuate the building after a strong odor of gas permeated the building. Public Utility Board workers discovered that a crew digging on 11th Street between the abandoned El Jardin Hotel and the city parking structure struck a gas line. The city workers were moved to the city parking lot across 10th Street because the one across St. Charles from City Plaza was too close.

The evacuation order was lifted after crews shut off the gas line and the workers returned to work.

We have been told by someone who knows that natural gas has no smell, and that what the city workers were smelling was actually the skunk gas that is injected in gas to allow people to detect its presence. That's why long after the gas was turned off, the smell of "gas" lingered. Thanks to one of our readers for the photo.)

COMADRISMO'S THICKER THAN MUD; IT'S CINDY VS. LINDA

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By Juan Montoya

Just as Associate District Judge/Magistrate Luis Sorola is preparing for the 2020 elections and is going after the 404th District Court seat held by Elia Cornejo-Lopez, we've learned that someone else is eyeing a spot now occupied by another heavyweight, JP 2-1 Linda Salazar.

That someone, we have heard, is none other than the president of the Cameron County Democratic Women, Cindy Hinojosa.

If you ask Hinojosa, the wife of former Cameron County Judge and now chairman of the Texas democratic Party Gilberto Hinojosa, why she is running against Salazar, she will tell you that she is not running against anyone, but rather for the position.

Image result for linda salazar, JPStill, that leaves a lot of questions unanswered. Why, she was asked, didn't you run against Mary Esther Sorola this year instead of waiting two more years to run against "Cupid" Salazar?

Well, it turns out that Cindy Hinojosa is also the comadre of Mary Esther's mom, Cameron County Pct. 2 Commissioner Sofia Benavides. It's not kosher to run against family given the bloodletting that results from local races.

Salazar, whose annual 600-plus marriage ceremonies at $250 or more per wedding plus her $53,000 salary places her ahead of most county court=at-law and district judges is known as a take-no-prisoners campaigner. As a former clerk who was fired for touching her sign in a corridor to show couples where her office was can attest, she is ruthless and will defend what she considers her territory como gato boca arriva.

On the other hand, the Hinojosas didn't get to the top of the county and state seat of the Democratic Party without stepping on a head or two.

We hear Salazar is livid that Hinojosa has targeted her to run against her in the 2020 elections. Feathers will fly.     

THE SNOOK IS RUNNING AT PUENTE DE LOS LOBOS

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(This happy fisherman sent us this photo of a snook (róbalo in Espanich) he snagged at the Jaime Zapata Memorial Boat Ramp on Highway 48 (Puente de los Lobos.) He asked us to keep his identity anonymous and we are glad to comply.

As beautiful as this fish is, he said that he had to catch and release because it was not within the 24- to 28-inch range permitted by the Texas Department of Fish and Wildlife. The fish he is holding was attracted to his red-tail hawk lure.

In the note attached to the photo, he said that the morning's incoming tide brings along with it prize lunkers like this one, a 36-inch female snook. We are envious, even if he had to throw it back in the water.)

TA BIEN GUENA, GUEY, PERO TE PEGAN LOS PIN...MUNCHIES!

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By Ryan N. Miller
USA Today

Eight police officers in Argentina who claimed that rats ate more than half a ton of marijuana missing from police custody were fired Tuesday, according to local media reports.

Argentine news outlets Pilar de Todos and Clarin reported that Buenos Aires' security minister Cristian Ritondo fired the officers after four told a judge that rats ate the missing pot.

Officials dismissed the officers' theory, citing experts who said that rats would not confuse marijuana as food. If the rats did eat the drugs, they likely would have died and police would have found their bodies, the experts said, according to Clarín and El País.

The officers are accused of not properly protecting evidence and are ordered to testify before a judge in May.

According to Pilar de Todos, police alerted internal affairs in April 2017 after discovering more than half a ton missing from an evidence inventory of six tons of marijuana in Pilar, a city roughly 35 miles outside Buenos Aires.

While Argentine investigators may think rodents aren't to blame for the missing pot, police in Wichita said mice ate through evidence bags of marijuna in 2013, the Wichita Eagle reported.

LA BABOSA LOSES AGAIN IN TX SUPREME COURT; SPINS A WIN

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By Juan Montoya

When we posted our article yesterday that local blogger (and disbarred lawyer) Robert Wightman was denied his appeal by the Second District Court of Appeals to dismiss the defamation suit filed against him in Texas 153 District Court in Tarrant County by OP 10.33's Mike Hernandez, we were, admittedly, befuddled that Wightman never acknowledged his defeat.

Instead, he resorted to his now-tedious strategy of spinning that loss into an upcoming victory and attacking the messenger. He never mentioned that the justices of the court set him straight on the law, and that those learned jurists poo-hooed his legal analysis as delusional.

Then, saying that they had no jurisdiction because Wightman had made so many motions before  a hearing had even been held and a denial issued, they declined to move on the other motions for sanctions and motion to compel Hernandez to revel alleged ex-parte communications with the trial court.

But just wait, Wightman said. Just wait until the Texas Supreme Court grants me my writ of madamus, he warned. Then we'll really rock!

This is what he said yesterday after calling this blogger Hernandez's "drunk mouth piece." Golly, that hurts.

"Does it sound odd to you that Montoya fails to tell you that my Petition for Writ of Mandamus in the case has been pending for months before the Texas Supreme Court. Mike has been unable to get it dismissed. The fact he does not tell you means, Mike Hernandez intended for you to be mislead. 

 Is it odd that the Texas Supreme Court gave me extra time to file my Petition for Review. Mike's lawyer has had it since the 10th. Did Mike's lawyer hide it from Mike, or is Mike desperate to mislead."

Well, guess what? The Supreme Court also denied Wightman his legal balm today and guess what he does? Yeah. he makes himself believe (and any gullible reader) that he expected it all along. A fearless prognosticator of past events, you might say.

"The mandamus was denied this morning as expected. The mandamus issue was the trial court moving forward with a trial while the case was on appeal. 

The law is clear a mandamus will issue in a jurisdiction case, and two the trial judge had no jurisdiction. But the trial date passed, and in the eyes of the Texas Supreme Court because she never reset it the matter became moot. It is not because her coordinator said she will reset it. But technically there is no setting.

This denial gives me more evidence in the federal court on the issue of futility. It is happening."

OK.

There are, of course, the usual bluster and threats against the Supreme Court, the Courts of appeal, the trial court, the lawyers, Hernandez, etc., and yours truly, the "drunk mouthpiece."

Ad tedium.

Want some more delusions fro La Babosa? Here you go.

"You see because of my work against the judiciary a decision has been made to deny me redress in Texas State Courts. I do a lot of work around the state. The Texas Supreme Court is tired of it and want to shut me down without ever having to deal with law or evidence.

I know Mike, I can win, and after the sanctions hearing he will appeal that thereby delaying matters longer. Mike has unlimited funds to insure the harassment never ends.

His lawyer will never say no to Mike's actions so long as Mike pays him.

There is a lot going on behind the scenes. I fully expect to be fighting Mike for another 10 years. We are going to fight until one of us dies. Mike is out over $50,000, and that number will keep on going up. My only costs are costs for filing.

You see unlike Mike I do not need a whore lawyer to fight my battles, I can fight my own."

When Wightman was disbarred in 2002, the 298th District Court of Dallas County said he had engaged in delays and brought or defended frivolous proceedings.

The court found that: Wightman brought or defended a frivolous proceeding. The court also found Wightman took a position that unreasonably increased the costs or other burdens of a case and delayed the resolution of the case. 

Wightman, in representing a client, engaged in conduct engaged to disrupt a proceeding. Wightman was also found to have communicated with another party regarding a case when he knew that party was represented by counsel. 

The court also found Wightman made a statement that was either false or with reckless disregard to its truth regarding the qualifications or integrity of a judge. Wightman failed to timely respond to notice of the complaint from the grievance committee. He violated Rules 3.01, 3.02, 3.04(c)(2), (c)(3), and (c)(5), 3.05(a), 4.02(a), 4.04(a) and (b)(1), 8.02(a), and 8.04(a)(1) and (a)(8). He was ordered to pay $48,700.72 in attorney’s fees, which is subject to reduction."

Well, doesn't something sound oddly familiar in the Hernandez defamation case?

34 YEARS OF OLIVIERA: ALEX= CHANGE WE CAN'T LIVE W-OUT

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AFTER 34 YEARS OF RENE OLIVEIRA, THIS IS WHAT DISTRICT 37 FAMILIES HAVE TODAY:

*Number of people with less than high school education is 40,134, or about 41.7 percent compared to the statewide average of 18.4 percent.

*Persons in poverty numbered 65,090, or 39.1 percent compared to the statewide average of 7.7 percent.

*Likewise, per capita income was $13,416  compared to the statewide average of $26,513.

THIS TALK OF "SENIORITY" HAS GOTTEN OLD.

He boasts of ranking fifth in seniority in the Legislature. This is how his district ranks on family income with the other four:

1. Tom Craddick, Amarillo                        $32,938                   10.9 percent in poverty

2. Sephonia Thompson , Houston             $15,742                    27.8 percent in poverty

3. Harold Dutton, Houston,                       $19,867                    24.5 percent in poverty

4. John Smithee, Amarillo,                        $27,603                    12.4 percent in poverty

5. Oliveira, Brownsville (SPI),                $13,416                     39.1 percent in poverty

Yet, he is asking for another two years to "finish" the job. Hasn't he done "enough?"


BUT THE PAC AND LOBBYISTS LOVE RENE


Out of 108 campaign contributors to his campaign from June 2017 to January 25, 2018, only three are from individuals living in his Brownsville district. 

The rest are from industry and special-interest PACs and lobbyists.

And of the $162,163 in total cash donations to keep their boy in the state house, only $2,050 came from contributors from Brownsville, with $1,000 of that from his law firm of Roerig, Oliveira & Fisher, LLP, Brownsville. And yet, Oliveira says he's from here and that he represents Brownsville, or does he?

The contributions from people from Brownsville are just 1.26 percent of the total. A full 98.74 percent came from PACs and special interests outside of District 37.

This special interest money is buying Rene's vote to keep things just the way they are. Havent't we had enough?

VOTE ALEX DOMINGUEZ: IT'S CHANGE OUR FAMILIES CAN'T LIVE WITHOUT!

WHERE DO PORT OF BROWNSVILLE CANDIDATES STAND?


IF A TREE FELL IN THE CATHEDRAL, WOULD YOU HEAR IT?

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By Juan Montoya
If you have ever walked along 13th Street and Jefferson, you probably saw the lemon tree standing inside the walled back yard of the Immaculate Conception Church Cathedral.

It is one of the many trees that grace the church yard and when it blooms (as it is now) its white blossoms fall on the sidewalk. It is one of those trees that bear fruit more than once a year. In fact, it given lemons the year round.

I discovered the tree by circumstance because just across the alley on the south side of the church a man we knew only as Señor Limon moved the Movida Bar (now La Movidita under the new owner Letty) from Market Square to the new site on Admas.

Limon, as we all called him. was a bit of a tightwad. He made his dollars selling Natural Light at $1 a can. Needless to say, some of the more scurvy characters hung out in the joint along with the old timers who like to listen to Los Alegres de Teran and other purveyors of los corridos, including Tony Aguilar and even Beto Quintanilla.

This who preferred canned beer would always ask for  slice of lime or lemon and sprinkled a bit of salt to neutralize their brew. Invariably, Limon was out of lemons or would "forget" to buy for the bar.

After a time, the customers would send one of the hangers across the alley and up 13th Street to grab some of the ripe lemons that had fallen from the lemon tree.

 Sometimes as they made their way to the watering hole, the customers would pick up some lemons and bring them with them to La Movida because they knew Limon would "forget" to buy any at the store. Eve just shaking the trunk would yield a few ripe ones that would fall to the ground.

Well, we have some sad news relay to La Movodita customers. Limon's tree at the cathedral split in half as a result of the strong winds that blew last week. We don't know what the priests and lay brothers at the church are going to do with it. Perhaps a good pruning is in order. Or perhaps one side of the tree will be cut.

Limon died last year after a short illness and his family passed on the bar to Letty. That tree will always remind us of Señor Limon and it would be sad it if was totally cut down. 

ON THE TSC RACE FOR PLACE 6, ANYONE BUT DR. REY

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Fiduciary Responsibility: A legal obligation of one party to act in the best interest of another. The obligated party is typically a fiduciary, that is, someone entrusted with the care of money or property. Also called fiduciary obligation. Misuse of official information is a violation of that responsibility.

By Juan Montoya

Someone close to Texas Southmost College trustee Dr. Rey Garcia, DDS. (retired), should tell him that as someone the people elected to the board of the community college he is entrusted to protect the property and interests of that institution.
Why do we say that?

TSC is currently embroiled in a lawsuit in federal court where former president Lily Tercero on May 2016 sued TSC for unlawful termination. She was terminated for at least nine reasons, including her renewal of the windstorm insurance policy without board approval that exceeded $1 million in costs for the coverage. 

Tercero said renewed the policy when she was informed it was set to expire in two weeks. By that point, there was not enough time to go out for bids, her attorney Richard A. Illmer said, saying her termination was “without good cause and in violation of her right to due process.”

Trustees Reynaldo Garcia and Art Rendon voted against the motion for dismissal, while Chairwoman Adela Garza, Vice Chairman Trey Mendez, and Trustees Ruben Herrera, Ramon Champion Hinojosa (since passed), and Tony Zavaleta voted for dismissal.

Tercero’s employment contract was set to expire May 1, 2019. She received an annual base salary of $228,228, according to the lawsuit.

Tercero is requesting her salary, compensatory damages and punitive damages in an amount to be determined at trial, an award of reasonable attorney fees and costs, and an order to direct the board to open their illegally closed deliberations. If she prevails, that could easily amount to millions TSC and its insurers will have to pay.

Image result for lily terceroAs the case wends its way through federal court, the Tercero and the trustees have to go through depositions by the opposing counsel. In the Tercero deposition, she was asked whether she knew of the report on the windstorm insurance renewal that was presented to the board members in executive session.

TSC's attorneys asked Tercero whether she had seen a copy of the confidential report. 
"Yes," she answered."

 "Who gave it to you?," she was aksed.
"A board member," she answered.
"And what board member was that?," the lawyers asked.
"Dr. Rey Garcia,"" she answered.

Now, Tercero is suing TSC and asking the court to award her millions from the college coffers.
Garcia – whose fiduciary (that word again) duties include protecting the college's assets and keeping information that might harm the TSC's interests confidential – has betrayed that responsibility by releasing information to an adversary.

And let's not forget that it was Garcia who petitioned TSC's accrediting agency to review its accreditation over Tercero's firing. That was after the college and Tercero spent the better part of three years and untold treasure to regain it after the UTB-TSC separation that proved disastrous to the college.

And he is asking TSC voters to reelect him May 2018?

Two candidates – JJ De Leon and Carlos Rios – are challenging Garcia for the Place 6 position. Either one of them would be en improvement over Garcia, whose loyalties obviously lie somewhere else than for our community college.

SOUTH TEXAS SLAVERY "HERITAGE" WELL DOCUMENTED

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By Juan Montoya
Freedom took a little longer to arrive in Texas.
Even though President Abraham Lincoln issued his Emancipation Proclamation on January 1863, slavery wasn't outlawed in Texas until June 18, 1865 when Union General Gordon Granger arrived at Galveston Island with 2,000 federal troops to occupy  the state on behalf of the federal government.

By 1865, there were an estimated 250,000 slaves in Texas.
Image result for General Gordon Granger AND JUNETEENTH
On June 19, standing on the balcony of Galveston's Ashton Villa, Granger read aloud the contents of "General Order No. 3", announcing the total emancipation of of slaves:

"The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere."


There has been a debate about how many slaves lived in South Texas. Because of the proximity to the Rio Grande (and freedom in Mexico where the peculiar institution was prohibited), few slaves were kept along the border.
I
n fact, the 1860 Census indicates that seven slaves were registered in Cameron County and one in Hidalgo. What there was, however, was an active Underground Railroad helping slaves to escape to Mexico by crossing the Rio Grande.

Researchers have found that along the Rio Grande in Hidalgo County lay the Jackson Ranch once owned by Nathaniel Jackson, a loyal Unionist during the Civil War. 

They write that in the 1850’s, Jackson left Alabama with his African-American wife Matilda Hicks, his son Eli, and other adult children. They hoped to escape the intolerance of inter-racial marriage they had known in the South. Accompanying the Jacksons were eleven African-American freedmen. 

In 1857, Jackson founded his ranch on a former Spanish grant. His property is said to have become a refuge for runaway slaves from Texas and the Deep South. Today, many people know about the Underground Railroad that shepherded enslaved people to freedom in the northern states and Canada, but few know about the route to freedom in Mexico. 

The Jackson Ranch lay near the Military Highway between Fort Ringgold and Fort Brown, and would have been visited by Confederate and Union troops as they fought for control of the Lower Valley in 1863 and 1864. Jackson died in 1865, the same year that his son Eli established the family cemetery where members of the clan now rest. Nathaniel Jackson’s grave is unmarked.

Several African-American and bi-racially mixed families settled in South Texas including the Webber family.

John F. Webber was an Anglo who lived south of Austin, Texas. Originally from Vermont,  Webber was born in Vermont around 1786. In the War of 1812 he served as a private in Capt. S. Dickinson's company, Thirty-first United States Infantry, from May 23, 1813, to May 31, 1814, during which time he fought in the battle of Shadage Woods.

He was in Austin's colony as early as 1826 and received a headright on June 22, 1832. Webber purchased a slave, Silvia Hector, and her son.

They fell in love and married, causing an uproar in their community. After their son was barred from school, and the tutor Webber had hired to teach the boy had been threatened, the Webber family moved near Donna, Texas. 

In 1853 Webber purchased nearly 9,000 acres of land near Donna and established the Webber Ranch with his wife and 11 children.

Weber's story has been documented by his numerous progeny and speak of a man who remained loyal to his black wife and children who in turn intermarried with local Mexican-Americans. The Webber clan is numerous and a recent family reunion included descendants from throughout the country.

In her excellent paper on the underground railroad, Georgia Redonet, a teacher at Long Middle School, in Houston, states that "When Stephen F. Austin brought American settlers to Mexico in 1822, Mexican law stated that there could be – neither sale nor purchase of slaves who are brought to the empire; their children born in the empire shall be free at the age of 14.

Mexico had outlawed slavery but made this concession for Texas in its desire to populate the northern province. It put the new immigrants on notice that slavery was to be a temporary institution. In regards to the American slaveholders immigrating to Mexican Texas, Article 21 of the Law of October 14th, 1823 stated – 'foreigners who bring slaves with them, shall obey the laws established upon the matter, or which shall hereafter be established.'"

As clear as the prohibition was in Mexican law, the government was persuaded to give the newly-arrived settlers exemptions in order to keep them as a buffer between raiding Comanches and Apache Indians and the French encroaching from the east.

"From 1830 to 1860 there was a continual movement of runaway slaves into Mexico and although not as publicized, it was just as common as the movement of runaways into free northern territory and Canada. While there are no reliable estimates as to the number of fugitive slaves escaping to Mexico during this time period, it is safe to say – that the movement was considerable enough to have caused great irritation and financial hardships on Texas slave-owners...

"During the Texas Revolution, Jose Maria Tornel, Mexican Secretary of War, – denounced slavery and called attention to the astonishment of the civilized world at the support given to the maintenance of the institution by the United States. By contrast, he said, – Mexico considered all men brothers, created by our common father.

"Mexico refused to return any fugitive slaves after the revolt and based part of its refusal to recognize Texas independence on the slavery question. Knowledge of the Mexican attitude towards slavery probably encouraged Negroes to escape.

"In early 1846 Texas was formally admitted to the Union as a slave state. According to the first official Texas state census in 1847, the state‘s population counted 38,753 slaves and 102,961 whites. The plantations along the lower Colorado and Brazos rivers and those scattered throughout East Texas held the largest concentrations of enslaved persons. Runaway slaves had been a continual problem throughout the duration of the Republic and the new state sought to write laws aimed at curbing the exodus.

"In 1848 laws were passed by the state legislature aimed at punishing those who might help escaping slaves. Anyone helping slaves plan a rebellion would be punished with death. Ship captains assisting runaways would receive from two to ten years in the penitentiary. Anyone who would steal or entice away a slave from his or her owner would receive three to fifteen years of hard labor. Free persons of color who aided a slave in escaping would receive from three to five years in the penitentiary."

To read the rest of the Redonet paper on the South Texas Underground Railroad, click on link:
http://www.uh.edu/honors/Programs-Minors/honors-and-the-schools/houston-teachers-institute/curriculum-units/pdfs/2003/african-american-slavery/redonet-03-slavery.pdf

CAMERON PARK GETS FIRST AND ONLY INCLUSIVE PLAYGROUND

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(Ed.'s Note: Cameron County's only inclusive playground that will allow physically impaired children a chance to participate and play just like every other child will be officially opened Thursday, April 19, at La Esperanza Park in Cameron Park.

On hand to celebrate the ribbon cutting and celebration will be County Judge Eddie Treviño, Pct. 2 Commissioner Alex Dominguez and the rest of the county commissioners and administrators. The Parks and Recreation Dept,. invites the public to attend and experience the county's only inclusive park Thursday at 9:30 a.m.)

GRILL PORT CANDIDATES ON LNGs, OMNITRAX, BARRIO VOTERS SUPPRESSION

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By Juan Montoya
Tonight the League of Women Voters - Rio Grande Valley and CAVA (Citizens Against Voter Abuse) will host a candidates' forum for Places 2 and 4 of the board of the Brownsville Navigation District. The forum will be held at 6:30 at the Southmost Public Library, 4320 Southmost Rd.

In any entity plays a major role in the industrial, manufacturing and environmental development and protection, the Port of Brownsville is it. In its hands is the construction of the Liquified Natural Gas terminals, the continuing franchise of the port's railroad, job creation, and the protection of the wetlands, lagunas and coastline of South Texas.

These are weighty issues and for too long, many believe that the port has acted in a vacuum to the detriment of labor, and the benefit of a small group of companies and long-time groups with a vested personal and economic interest in the operations of the port.


Some of the questions that the candidates should be asked vary from their support for the LNGs which have been opposed by many coastal communities (SPI, Laguna Vista, Port Isabel, etc.), the lack of transparency in its dealings with OmniTrax which was granted the Brownsville and Rio Grande International Railway on a 30-year franchise, and the apparent manipulation of the polling places for its upcoming elections which seem to amount to to voter suppression of barrio voters.


Just recently, the port announced that the United States Coast Guard found the Brownsville Ship Channel to be suitable for marine traffic resulting from Texas LNG’s planned liquefaction terminal at the Port of Brownsville.

In a letter of recommendation issued Feb. 26 to the Federal Energy Regulatory Commission (FERC), the Coast Guard concluded that the waterway is suitable to handle current and anticipated incremental traffic from the Texas LNG proposed facility.

The Houston-based company plans to construct an LNG export facility on a 625-acre site at the Port of Brownsville. The facility will enable the export of 4 million tons yearly of LNG to established and developing markets. The proposed terminal is being designed to accommodate LNG carriers with nominal LNG capacities up to 180,000 cubic meters and dimensions on the order of 977 feet long and 151 feet wide.

The port, in approving the leasing, has in fact opened it to continued development of such plants. Given the opposition to this kind of development by the coastal communities, do they favor the continued expansion of these plants here?

In the case of OmniTrax and the BRGIR, the port says it will appeal the release of certain mandatory progress reports agreed to in the 30-year franchise to OmniTrax due to the objections of that company and its assignee BRGIR. But the assets in the franchise agreement belong to the taxpayers, not to the board of commissioners. Shouldn't the taxpayers be told whether OmniTrax is living up to the agreement to see whether their assets are being well managed and spent?

It's not like the port doesn't have the reports. It admits as much in its objection with the Texas Attorney General. But it plays coy and shifts the responsibility to OmniTrax and its assignee.

"The BND is in possession of  report(s) of BIRIG's operating income in the Development Area, as defined in the Master Franchise Agreement. The BND does not take the position whether this report should be protected...; however, because OmniTrax and BRGIR have objected to its release , the BND submits the report to the Attorney General for a ruling on whether it's exempt from disclosure..."

With OmniTrax given a monopoly on the railroad and industrial park and incubator development under the franchise, which competitors is it worried about? Or is this just a way of keeping port taxpayers in the dark?

When the railroad was sold, it was clearing more than $1.7 million in profits including its switching yards. Is OmniTrax keeping its end of the bargain to develop the industrial park, or just pocketing the easy money?

Will the candidates agree to join the public in supporting the release of these progress reports and petition the Texas Attorney General to release the reports?

And as far as the polling places on election day, why are some voters in the barrios forced to travel as much as three miles to a polling place when other polling places are as close as five to 10 blocks and could be used for them to vote?

And on the same subject, why was the main office of the Brownsville Independent School District, Christ the King Catholic Church, and other popular barrio voting places removed from the early voting polling places while the fire station at the port was open for the early voting period?

Would the candidates favor a rearrangement of the polling places to provide access to barrio voters and not force them to travel miles to vote when they could vote at a polling place nearer to their residence instead?
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