"There is no dispute that Mr. Chambers did not commit a felony offense." From demand letter Wendell Odom Jr., John Chamber's attorney, wrote to the Eric Garza campaign
Special to El Rrun-Rrun
"This letter is to inform Eric Garza, and his campaign affiliates, to cease and desist from
disseminating false and/or misleading information against John Chambers," begins a demand letter sent today from attorneys for Cameron County Sheriff candidate John Chambers.
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Garza and Chambers are contending for Cameron County Sheriff in then Nov. 3 general election and Chambers is charging that the attack strategies that Garza and his "affiliates" used successfully against incumbent Omar Lucio are now being turned against his GOP opponent.
"Notably (they are), misleading or lying to the public about the facts surrounding Mr. Chambers’ criminal litigation," the letter states and ask Garza that they be "removed from any existing campaign advertising, and the campaign should refrain from further statements intended to mislead the public for political gain."
In the letter, Chambers counters the Garza campaign's allegations concerning Chambers' litigation:
"On June 26, 2019, the Court of Criminal Appeals (highest court in Texas) vacated the felony
convictions. They ruled Mr. Chambers’ actions did not constitute a felony offense. There is no
dispute that Mr. Chambers has not committed a felony."
They respond that the factual conclusions state otherwise.
1. The jury’s verdict has been vacated as to the felony offenses.
2. Mr. Chambers has not been convicted of any felony offense.
3. The Court of Criminal Appeals ruled his conduct was not a felony.
4. Mr. Chambers has not been finally convicted of any misdemeanor offense.
Garza's campaign John Chambers’ Texas Commission On Law Enforcement (TCOLE) Licensing
"On February 8, 2016, the Texas Commission on Law Enforcement revoked Mr. Chambers’
TCOLE license...
The letter states: "The Court of Criminal Appeals reversed Mr. Chambers’ felony convictions on June 26, 2019."
Factual Conclusion
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1. Mr. Chambers’ TCOLE license is not permanently revoked. Mr. Chambers became eligible for reinstatement when the Court of Criminal Appeals vacated the felony verdicts.
The lawyers then go on to specify what they claim are false and misleading statements and advertising including Facebook postings published on September 3, 2020 at 7:58 p.m., September 3, 2020 at 7:58 p.m., September 10, 2020, and Garza's statement to the Brownsville Herald on August 13, 2020:
In the first one, they claim Chambers "was granted a continuance of his case after the November General Election. He’s running from the truth.”
Not true, say Chambers' lawyer, "Mr. Chambers is still awaiting a ruling from the Court of Criminal Appeals on his petition for discretionary review (on misdemeanors). The district court cannot legally move forward with any proceedings until the Court of Criminal Appeals makes a decision...Mr. Chambers is barred from moving forward with sentencing at this time."
2. The second Facebook Post from September 3, 2020 at 7:58 p.m.
“Mr. Chambers should not be hiding from the truth, according to TCOLE he is statutorily
ineligible to hold a peace officer’s license.”
"This statement is both false and misleading," Chambers responded. "The Court of Criminal Appeals vacated the felony convictions on June 26, 2019. Since that time, Mr. Chambers has been statutorily eligible for reinstatement...The facts of the litigation and TCOLE’s procedures do not support that
assertion."
3. Facebook Post from September 10, 2020
The post quotes the Cameron County District Attorney, Luis Saenz (original quote April 13, 2020):
“The Court of Appeals has sent the case back to the trial court for a new punishment hearing.”
"This statement infers that Mr. Chambers is under the jurisdiction of the district court awaiting
sentencing. He is not. Mr. Chambers is still on appeal before the Court of Criminal Appeals. The
continued assertion that Mr. Chambers has exhausted his appellate rights and is awaiting
sentencing is both false and misleading."
4. Eric Garza Statement to the Brownsville Herald on August 13, 2020:
“Mr. Chambers was subsequently convicted on these felony charges.”
Chambers responded: "This statement is false and misleading. On June 26, 2019, the felony convictions were vacated by the Court of Criminal Appeals. Since that date, there is no dispute that Mr. Chambers did not commit a felony offense."
"That statement is outright false," the letter continues. "It should be retracted. The dishonesty implicit in this statement should require a public apology to the citizens of Cameron County. Eric Garza was likely aware of the appellate courts’ ruling a year earlier. Yet, he still chose to mislead the public for political gain."
"We ask that the Eric Garza for Sheriff campaign cease and desist from any further communication that is misleading and/or false and remove any current campaign advertising that is not supported by the factual record. Further, the campaign should release a statement to clarify the falsities which have likely poisoned the electorate."
To read the letter, click on link below:
Special to El Rrun-Rrun
"This letter is to inform Eric Garza, and his campaign affiliates, to cease and desist from
disseminating false and/or misleading information against John Chambers," begins a demand letter sent today from attorneys for Cameron County Sheriff candidate John Chambers.
Garza and Chambers are contending for Cameron County Sheriff in then Nov. 3 general election and Chambers is charging that the attack strategies that Garza and his "affiliates" used successfully against incumbent Omar Lucio are now being turned against his GOP opponent."Notably (they are), misleading or lying to the public about the facts surrounding Mr. Chambers’ criminal litigation," the letter states and ask Garza that they be "removed from any existing campaign advertising, and the campaign should refrain from further statements intended to mislead the public for political gain."
In the letter, Chambers counters the Garza campaign's allegations concerning Chambers' litigation:
"On June 26, 2019, the Court of Criminal Appeals (highest court in Texas) vacated the felony
convictions. They ruled Mr. Chambers’ actions did not constitute a felony offense. There is no
dispute that Mr. Chambers has not committed a felony."
They respond that the factual conclusions state otherwise.
1. The jury’s verdict has been vacated as to the felony offenses.
2. Mr. Chambers has not been convicted of any felony offense.
3. The Court of Criminal Appeals ruled his conduct was not a felony.
4. Mr. Chambers has not been finally convicted of any misdemeanor offense.
Garza's campaign John Chambers’ Texas Commission On Law Enforcement (TCOLE) Licensing
"On February 8, 2016, the Texas Commission on Law Enforcement revoked Mr. Chambers’
TCOLE license...
The letter states: "The Court of Criminal Appeals reversed Mr. Chambers’ felony convictions on June 26, 2019."
Factual Conclusion
The lawyers then go on to specify what they claim are false and misleading statements and advertising including Facebook postings published on September 3, 2020 at 7:58 p.m., September 3, 2020 at 7:58 p.m., September 10, 2020, and Garza's statement to the Brownsville Herald on August 13, 2020:
In the first one, they claim Chambers "was granted a continuance of his case after the November General Election. He’s running from the truth.”
Not true, say Chambers' lawyer, "Mr. Chambers is still awaiting a ruling from the Court of Criminal Appeals on his petition for discretionary review (on misdemeanors). The district court cannot legally move forward with any proceedings until the Court of Criminal Appeals makes a decision...Mr. Chambers is barred from moving forward with sentencing at this time."
2. The second Facebook Post from September 3, 2020 at 7:58 p.m.
“Mr. Chambers should not be hiding from the truth, according to TCOLE he is statutorily
ineligible to hold a peace officer’s license.”
"This statement is both false and misleading," Chambers responded. "The Court of Criminal Appeals vacated the felony convictions on June 26, 2019. Since that time, Mr. Chambers has been statutorily eligible for reinstatement...The facts of the litigation and TCOLE’s procedures do not support that
assertion."
3. Facebook Post from September 10, 2020
The post quotes the Cameron County District Attorney, Luis Saenz (original quote April 13, 2020):
“The Court of Appeals has sent the case back to the trial court for a new punishment hearing.”
"This statement infers that Mr. Chambers is under the jurisdiction of the district court awaiting
sentencing. He is not. Mr. Chambers is still on appeal before the Court of Criminal Appeals. The
continued assertion that Mr. Chambers has exhausted his appellate rights and is awaiting
sentencing is both false and misleading."
4. Eric Garza Statement to the Brownsville Herald on August 13, 2020:
“Mr. Chambers was subsequently convicted on these felony charges.”
Chambers responded: "This statement is false and misleading. On June 26, 2019, the felony convictions were vacated by the Court of Criminal Appeals. Since that date, there is no dispute that Mr. Chambers did not commit a felony offense."
"That statement is outright false," the letter continues. "It should be retracted. The dishonesty implicit in this statement should require a public apology to the citizens of Cameron County. Eric Garza was likely aware of the appellate courts’ ruling a year earlier. Yet, he still chose to mislead the public for political gain."
"We ask that the Eric Garza for Sheriff campaign cease and desist from any further communication that is misleading and/or false and remove any current campaign advertising that is not supported by the factual record. Further, the campaign should release a statement to clarify the falsities which have likely poisoned the electorate."
To read the letter, click on link below: