DMC FOI Request Insurance

The Kenedy Pasture Company: A Civil Action in the Making?

The Kenedy Pasture Company: A Civil Action in the Making?

2007-07-02

A Civil Action in the Making?

Why must we flex our muscles?
Nueces County, CCISD, 105th Judicial District Attorney; how many kids were locked up without an attorney?

• There is no excuse for violating the basic human rights afforded under the United States Constitution.
• How many kids were locked up by a court of nonrecord?
• Not even with a parent's consent unless the parent has been given the opportunity to consult with counsel.
• How many children taken into custody were advised of their Miranda Rights?
• Oh yeah, Plaisted and every CCISD kid for whom, he provided service

.

What do we want?

Go do some homework, we want responsive representation with transparent operation.



We want to not be railroaded for tardies or for absences when the District does not practice due diligence in interdicting but is very diligent in recording the events and adamantly prosecutes and collects half of the fine. When the people cant pay the kids are picked up from class and taken in handcuffs to the court of nonrecord. The Parent is contacted and ordered to appear immediately. When the Parent arrives he or she is told to pay or your kid goes to jail and sometimes the parent is threatened and / or locked up as well. I have never seen a kid who has been provided counsel but I have witnessed many a kid go to jail.

And this from non responsive legislators who have enabled the School Administration to blame the parent when they allow children in their custody to roam at large unaccounted for and the District in coordination with the Courts of non record get paid (profit) from it.

2007-07-01

"Court Appointed Rolodex's". Nanotechnology and "Confessing Error" in a dog and pony show who operate like they are in a Kangaroo Court.

Nanotechnology at work right before our eyes finally an acknowledgment of what has been going on for quite a while now. The information in those "Court Appointed Rolodex's", there is gold in them hills. And this is going to start becoming available when? and for who? We have came to a narrowing of the road here in this alligning of energy fields. I can see it now we got Mikal who who is the adversary of my adversary John Cornyn. We also have the Honorable Judge Manuel Banales who needs to align with Mr Watts and vice versa. Does he want run for mayor unopposed? I would rather see him correct the errors and run for Governor or Ascend to the Texas Supreme Court. Now, John Cornyn has "Confessed Error" and I assure you it wasn't out of fairness but in the essence of knocking the checkers off of the Table because he was going to lose. And Carlos Valdez & John Hubert "Confess Error" on appeal from the 105th. Hubert & Valdez "confess error" so they can conceal Mary Cano. And that is as painless as it gets.

Anton

CCCT Political Pulse

Mikal Watts seeks to round up list of Democrats for self, others

By Jaime Powell

A Monday noontime fundraiser at Vietnam restaurant for U.S. Senate hopeful Mikal Watts was a who's who of the local bar association and judiciary, including five district judges. Watts, who is living in San Antonio, told the crowd that "nobody knows Mikal Watts better than Corpus Christi."

Watts, a Democrat, who is seeking the seat held by Republican Sen. John Cornyn, asked the gathering to dig through their Rolodexes and e-mail address lists because he hopes to compile a statewide database to reach Democratic voters that can be used by all Texas Democrats.

"That way, when Judge (J. Manuel) Bañales runs for mayor he can use it," Watts joked, to uproarious laughter from the crowd and a big grin from Bañales, who was sitting on the front row.

2007-06-30

If you need an attorney.....if he is any good he will tell you watt an "Ander's Appeal" is? If he tells you not to worry about it.........FIRE HIM !!!

republic of texas: According to the Sentence Ramsey is to be Confined in Texas

republic of texas: According to the Sentence Ramsey is to be Confined in Texas

Former Raza Unida gubernatorial candidate Ramsey Muñiz has been transferred from a federal corrections institute in Three Rivers six months after arriving at the facility.

Muñiz, who ran for governor of Texas in 1974 and 1975 under the Raza Unida Party, was transferred from Three Rivers on Tuesday.

Mike Truman, spokesman for the Federal Bureau of Prisons, said Muñiz is being housed in the Federal Transfer Facility in Oklahoma City until he can be transferred to another facility.

Truman said he could not release where Muñiz would be transferred or when, citing security concerns. He also said he did not know why Muñiz was transferred.

Muñiz, 64, is serving a life sentence for three felony drug convictions.

The Three Rivers Federal Correctional Institute, 77 miles northwest of Corpus Christi, has been the closest the former Miller High School football star and local defense attorney has been to home since his 1994 conviction.

Under the banner of Raza Unida, a political party shaped and led by Hispanic activists seeking a political voice, Muñiz earned support from 6 percent the state's registered voters.

Muñiz's wife, Irma Muñiz, said she was surprised to learn of the transfer especially because senators, congressmen and civic groups have written letters to the Federal Bureau of Prisons on her husband's behalf.

Irma Muñiz said her husband had hoped to be housed at the Three Rivers facility because of its proximity to his family in South Texas.

Since he was transferred there in December from an institute in Colorado, Irma Muñiz has made frequent trips to visit her husband.

She likened Muñiz's transfer out of Three Rivers to the treatment of Hispanic Civil Rights figure Felix Longoria.

Longoria, a U.S. Army private killed on-duty in the Philippines in 1945, was refused a proper funeral in his hometown of Three Rivers because the only funeral home in town didn't allow Hispanics to use its funeral chapel.

Civil Rights hero Dr. Hector P. Garcia interceded and U.S. Sen. Lyndon Johnson arranged for Longoria to be buried in Arlington National Cemetery.

Joe Ortiz, League of United Latin American Citizens district director and national and state civil rights director of the American GI Forum, helped organize letter-writing campaigns when Muñiz was in Colorado asking for his transfer to Texas.

Ortiz didn't know about the transfer out of Three Rivers but said both LULAC and the American GI Forum will work toward getting Muñiz returned to Texas.

"We are going to petition our legislators to see if they can do anything to bring him back," Ortiz said.

Contact Adriana Garza at 886-3618 or garzaa@caller.com

Posted by geomatica on June 21, 2007 at 9:47 p.m. (Suggest removal)

I am certain that Ramsey Muniz was falsely imprisoned, but no matter what you believe, he was and is a model prisoner, and it is a complete waste of taxpayer money to be moving him all over, when it makes the most sense for him to be here near his family. He didn't kill anybody, and his treatment has been nothing but inhumane. Something has to be done about the inequities in our prison system. His punishment certainly does not fit his supposed crime. When is his mistreatment and that of his family going to end?

Posted by colorderosa on June 22, 2007 at 9:13 a.m. (Suggest removal)

Only in America does a convicted murderer, chlld rapist, or other harden criminal walk free, while a supposed drug dealer gets life in prison.
colorderosa

Posted by sosiouxme13 on June 22, 2007 at 8:47 p.m. (Suggest removal)

In my opinion, someone convicted of dealing drugs, can be likened to a murderer...

Posted by dannoynted1 on June 23, 2007 at 5:25 a.m. (Suggest removal)

This is retaliation for the "scared status quo". They are afraid if he is in Texas he just might get out.

Only in Texas can this happen.

Eureka~ perhaps Jurisdiction resides in Oklahoma?

or is it Louisiana, where i hear Hayden Head is sending our Federally convicted non white americans as of late?.

Is that legal?
Why would you send a texan to another state unless you want to keep them from their family.

Posted by gmikedear1954 on June 23, 2007 at 3:44 p.m. (Suggest removal)

As a career Federal Agent living in Detroit, Michigan, I find it silly to deny this man the opportunity of being close to his family. As one person stated earlier that far worse criminals are given the option to be close to their family. Also, The whole war on drugs is nothing more than a farce to make contractors rich.

Posted by chuco11 on June 23, 2007 at 8:54 p.m. (Suggest removal)

Ram, you were the impetus for the movement that slowly is gaining speed. Maybe not in our lifetimes but down the road there will be Spanish spoken along with English in the schools, businesses and professional sports, to name a few, all across America not just Texas. "The Man" sees this and doesn't like it! But he can't stop the ineviteable. What was that old adage...."GOD grant me the serenity....... Irma, you are a model of a loving wife. All men should be this fortunate!

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

1. Appellant demands this appeal be abated and this court direct Appellant’s Attorney to represent her.

2. Appellant request legal representation as her request to oral argument is forbidden without it.

3. Appellant apologizes for any error committed as a Pro Se Defendant (Layperson) and for any reversible error committed; to be informed and given the opportunity to correct the error. Appellant at this late hour realizes she never signed the PDR she submitted and moves to correct at the Court’s discretion.

4. Appellant has had ineffective assistance of council. Jill Williams still represents appellant because she has never ask the courts permission in writing or in open court to withdraw. (List crucial periods without representation like when the state originally confessed) (error during the period immediately following submission to the clerk of the 13^th COA until the Court began to consider it.) (See Letter from Attorney)

5. Appellant request this court order a TWC investigation into this “comedy of errors”, “confession of errors” and “peculiar circumstances”. In the Alternative it is requested that all TWC subject matter be forwarded to the appropriate entities, The Governor of Texas, the Attorney General of the State of Texas and the Texas Workforce Executive Staff.

6. Appellant request this court order both administrative and criminal hearings to assist fact finders in the imminent TWC investigation. See attached TWC letter dated June 20, 2007.

7. Appellant invites TWC to submit a friend of the court letter.

8. Appellant request this court engage the TWC and conduct a hearing on this matter before ruling on the motion for rehearing

9. The 13^th Court of Appeals erred by excluding statements made on the (MFNT) record. The State did file a reply brief. This demonstrates that the court has not made its decision based on a whole record.

10. The Failure of the State to file a reply brief is treated as a confession of error per Siverand v. State ¹. As grounds for this cause Appellant respectfully request this Court take Judicial notice based on intervening Supreme Court precedent per Saldano v. Texas, 530 U.S. 1212 (2000) ² and grant this petition for discretionary review, vacate the judgment and remand the case for further consideration in light of developments during the pendency of this appeal. Specifically, it is requested this Court require such further proceedings (remand to trial court for the State to correct the error and file its reply) to be had as may be just under the circumstances.

11. The 13^th COA erred in it’s ruling, “any opposing arguments are limited to those advanced by the State in the trial court”.

12. Appellant relies on the complete appellate record.

13. The 13^th Court of Appeals made arguments on behalf of the state by technically censoring actual confessions of error in the Hearing on the Motion For New Trial. The confessions by the state are muted under the confession of error per Siverand Limiting the appellate record on behalf of the state to the trial court setting. Limiting the appellate record on behalf of the state to the trial court setting, the state’s side of the record that has vanished, when appellant relied on crucial testimony in the MFNT Hearing.

14. The 6th Amendment not a waivable right. It stands independent of ineffective assistance of counsel? The State needs to legitimize how State employee can be under subpoena as a witness for the State’s Adversary in a criminal proceeding and the state cannot compel her to appear. Then not file a reply brief in effect quashing the first opinion and censoring the confessions of error committed by the State during the Motion For New Trial.

15. The Failure of the State to file a reply brief is treated as a confession of error ¹; in this case the States Confession of Error is a "fundamental error" requiring correction. Although this court “may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review” it may also remand for further consideration in light of the confession of error ³. From the beginning this case has presented a comedy of errors and in particular some very peculiar circumstances. The States failure to file a reply brief deprives the appellant of crucial statements made by the State ² (by limiting any opposing arguments to those advanced by the State in the trial court. Id). It is this appellant’s belief the error is a tactical approach to disenfranchise Appellant of her right to fully supplement the record in her motion for new trial. Benefit from committing an error or committing an error so as to benefit from. Sounds like a Texas criminal style legislation to me

16. The decision of the Appellate court conflicts with the Texas Rules of Appellate Procedure 38.1(h) and 38.2(a)(1) ⁴ and Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) ⁵. The Appellate Court unequivocally has advanced arguments on behalf of the state. Not only have arguments been made on behalf of the state there are arguments made by the Appellate Court that are completely inaccurate: The 13th COA makes the statement “The record reflects that counsel exercised his ten peremptory strikes and, therefore, did not have an available strike for Ruff”. (Vol. 2 RR p,3 @3-6) (Vol. 1RR p.114). Is this court reading the same court record that this Appellant possesses? Appellant challenges the record furnished to the Appellant court as the record clearly reflects in direct contradiction of the 13^th Court of Appeals record. There were available strikes, Appellant’s Counsel exercised ZERO peremptory strikes. This shows there could be other mistakes or misreadings. Justice in this case requires that the Appellate Court did not understand the facts of the case well enough to properly and justiciably make a decision. The Confession of error by the State and blatant errors committed while reviewing the record as a whole in the appellate court. There is too much error and all of it is harmful. Appellant waives no error known and unknown.

17. The decision of the Appellate court contradicts itself with respect to its decision in Siverand.

18. Limiting the states record advances arguments on behalf of the state

19. The 13^th Court of Appeals relies on an incomplete record and has quoted the record inaccurately. This means either the record is either incomplete, inaccurate or the Independent Jurist did not take their duty seriously. The timing is highly suspicious being that two of the three Jurists were involved in campaigning, political maneuvering, schmoozing and networking and concentrating on their JOB.

20. Procedural Posture is faulty in light of confession of errors once the state confesses errors the errors need to be corrected.

21. The decision of the Appellate court contradicts itself with respect to Saldano v. Texas, 530 U.S. 1212 (2000) ². In light of the confession of error the case should be “remanded for further consideration in light of the confession of error”.

22. The verdict in said cause is contrary to the law and the evidence and there is newly discovered evidence touching the issues involved in said cause. Below is the controlling administrative law. This makes the entry Legal and TRUE. This is a WIA, TWC And Texas Department of Human Services directive per Standard Operating Procedure.

TEXAS WORKFORCE APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

<sub>TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute teacher has been asked to continue in the same capacity for the following academic year. Simply placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.</sub>

23. The trial of the above cause was not had before, nor was the verdict therein rendered by "an impartial jury."

24. Appellant’s right to the Compulsory Process was and continues to be thwarted. Material Witness Mary Cano never appeared to any of the proceedings in which Defendant’s / Appellant’s Counsel subpoenaed her. A subpoena was issued for Mary Cano directing her to appear before the same court proceeding (MFNT) in which the State claims it can get her there if she is needed. The State admits knowledge of Mary Cano’s whereabouts and goes on to boast of her being easy to find; yet whether willfully or inadvertently LeeAnn Haley’s 6^th Amendment right to Compulsory Process was violated.

¹_. ”_{When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."}

² _{Certiorari Granted—Vacated and Remanded}

_{No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari}

_{granted, judgment vacated, and case remanded for further consideration in light of the confession of error}

1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error

3 Pursuant to Siverand, we will make an independent examination of the merits of appellant's points of error and any opposing arguments are limited to those advanced by the State in the trial court. Id.
4 The rules of appellate procedure require the parties to advance their own arguments. Tex. R. App. P. 38.1(h) and 38.2(a)(1).
5 Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) Finally, decisional authority prevents us from advancing arguments on behalf of either party.

WHEREFORE, Petitioner prays that the court will:

1. Abate the Appeal, order a hearing to conduct a TWC administrative investigation and hold a hearing to conduct a Criminal Investigation and appoint counsel.

2. Remand this case for a new trial, or

3. Grant Appellant’s Motion for Rehearing.

4. Grant Appellants Motion for Rehearing, vacate the 13th COA opinion and remand for New trial and court appointed counsel.

5. Grant Appellants Motion for Extension of Time to File a Motion for Rehearing before ruling.

Respectfully submitted,

When Carlos Valdez Confesses Error Does Not The Same Rule Apply?

essenceofpinocchio: Is there really a Texas Solicitor General? Why does the Texas Court of Criminal Appeals Ignore SCOTUS?

----
CONFESSING ERROR
By EDWARD LAZARUS
----

Friday, Jun. 16, 2000

Earlier this month, Vincent Saldano, one of the 468 inmates on Texas' death row, had his death sentence vacated. This development was duly reported in the press. But accounts of Saldano's good fortune uniformly failed to appreciate what makes his reprieve truly newsworthy and potentially a landmark.

Saving Saldano: Texas Confesses Error

Saldano was not freed from the prospect of execution by the actions of a court or even, as occasionally happens, by the clemency of a governor. His death sentence was erased because Texas, through its newly created office of the solicitor general, "confessed error" in his case -- that is, it admitted, despite defeating Saldano's initial appeals in court, that his death sentence was illegally obtained. Quite simply, this never happens, either in Texas or in the dozens of other states with active death penalty laws. It is thus worth pausing to consider the value and potential implications of Saldano's case as well as the notion of confessing error.

Saldano had received a death sentence in part due to profoundly troubling testimony by a state expert witness at the sentencing phase of his trial. The expert, a clinical psychologist named Walter Quijano, suggested that Saldano should be executed because, as an Hispanic, he posed a special risk of future dangerousness to society. To support this astonishing conclusion, the expert pointed out that Hispanics make up a disproportionately large amount of Texas' prison population.

It does not take a tenured professor of constitutional law to realize that linking racial identity with a propensity for violence was not only bizarre but also a violation of the equal protection clause. Indeed, that it should take a confession of error by the state to correct this problem highlights at least two problems in the current administration of the death penalty. First, in seeking the death penalty, prosecutors sometimes overlook glaring illegalities. The same flaw identified in Saldano's case infects at least seven other Texas capital cases. Second (and perhaps even more distressing), courts, especially state courts, are too often willing to overlook even obvious constitutional flaws when reviewing death penalty cases. After all, before the state's confession of error, Saldano had lost all of his appeals.

Under these circumstances, one might think that confessions of error would be, if not commonplace, at least occasional. On average, the Solicitor General of the United States confesses error in two or three criminal cases every year -- even though it is a safe bet that federal prosecutions, conducted by better trained lawyers with greater supervision, are less likely to contain obvious legal errors than their state counterparts. As the Supreme Court recognized when endorsing the practice in 1942, "the public trust reposed in the law enforcement officers of the Government requires that they be quick to confess error, when, in their opinion, a miscarriage of justice may result from their remaining silent." But as a practical matter, states never confess error in death penalty cases (even though courts overturn roughly two-thirds of all death sentences as legally infirm) -- and some states candidly admit that their policy is never to confess error.

Mutual Distrust

Why? One crucial and usually overlooked factor is the deep antagonism that has grown up over time between state death penalty prosecutors and the death penalty abolitionist lawyers who seek to foil them in every case. The abolitionists, prosecutors know all too well, never concede that their clients deserve the death penalty or that the death penalty was legally imposed -- no matter how flimsy their arguments in a given case. Rather, they use every procedural and substantive trick in the book to delay executions.

There can be no denying that such abolitionist tactics have angered and frustrated state prosecutors. And one response to these understandable emotions has been for prosecutors to mirror the fight-to-the-bitter-end approach of their opponents.

The problem with this reciprocation, however, is simply that the ethical duties of prosecutors and defense attorneys are vastly different. Defense attorneys are duty-bound to scratch and claw to win for their clients. Prosecutors, by contrast, despite striking hard blows, must never lose sight of their ultimate obligation to do justice in every case.

That may sound trite and perhaps overly idealistic, but it has a practical side as well. Prosecutorial confessions of error -- knowing when to fold them, as it is known -- establish credibility. They create trust in the system, a sense that someone is being careful and exercising sound judgment, that extends far beyond any single case. And that can make a world of difference for someone like me, who is not morally opposed to the death penalty but skeptical of how it is imposed.

Death Penalty Politics

In addition, the reluctance of state prosecutors to confess error is a clear reflection of how politics affects the death penalty. Up until now, anyway, undoing a death sentence was akin to political suicide for an elected district attorney or state attorney general, or for any state official with ambitions for re-election or higher office. And yet the willingness of Texas' new solicitor general to confess error in the Saldano case suggests a possible turning point. With the current groundswell of death penalty opposition based on the possibility of executing an innocent person, elected officials may now find some advantage in approaching capital cases (even those where innocence is not an issue) with a greater degree of care and honesty.

case will start a broad trend. But there is reason to believe that the tide is indeed turning. On June 9, Texas Attorney General John Cornyn announced the results of an investigation into other death penalty cases involving testimony by state expert Walter Quijano. Cornyn acknowledged that Dr. Quijano had provided testimony in six other death penalty cases similar to his improper testimony in the Saldano case. Cornyn's staff has advised defense lawyers for the six inmates now on death row that his office will not oppose efforts to overturn their sentences based on Quijano's testimony. In response, a pessimist might note that Texas is appealing a ruling in another capital case that the defendant received inadequate counsel -- when, indisputably, his lawyer slept through much of the trial. But doing the right thing has a contagious quality to it. Or at least so we can hope.

Edward Lazarus, a former federal prosecutor, is the legal correspondent for Talk Magazine and the author of Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court.

most of the legislation the delegation had very little to do with improving the area they represent

CORPUS CHRISTI — The Coastal Bend's legislative delegation went to Austin with a wish list that included better access to children's health care and an engineering school for Texas A&M University-Corpus Christi.

For the most part, the delegation thinks its efforts were successful, with more kids eligible for the state's Children's Health Insurance Program, money for area universities, a revamped Texas Youth Commission and several other key measures. A rule to record the Legislature's final votes during the session also passed, and voters will see the issue on November ballots.

"Obviously I think the delegation was very successful," said freshman Rep. Solomon Ortiz Jr., D-Corpus Christi. "We all talked and debated each issue that faced the Corpus Christi area. It helped not only that we got along on a professional level and that we get along on a personal level."

Issues where the group fell short, it says, include not driving down windstorm insurance rates for the coastal region or bringing an engineering school to Texas A&M University-Corpus Christi.

The effort to bring the engineering school had widespread support from the Corpus Christi business community but faced opposition from the system's nearest campus in Kingsville, which also has an engineering school. The bill was halted in committee, but the delegation intends to revive it in the next session, Ortiz said.

"It is obviously going to take more than one session. On a personal level, I have talked to the higher ed committee and had a positive response. We will push hard again next session."

Ortiz and Rep. Juan Garcia, D-Corpus Christi, Rep. Abel Herrero, D-Robstown, and veteran Sen. Juan "Chuy" Hinojosa, D-McAllen, each had individual successes.

Among other legislation, Hinojosa made state and national headlines as the author of sweeping reforms for the embattled Texas Youth Commission, the state's juvenile justice system that has been rocked by a sexual abuse scandal. He also tacked an amendment to a House bill renaming the Crosstown Expressway to honor local civil rights icon Dr. Hector P. Garcia after a measure to create a state holiday in the doctor's honor was killed.

Herrero and Ortiz were proponents for the Children's Health Insurance Program, which provides low cost insurance to working class families and expect the program to cover 127,000 new children after this session, after a series of enrollment changes made it more accessible.

Herrero said he was most proud of the defeat of Senate Bill 101, a higher education measure that would have eliminated a state law that admits students in the top 10 percent of their graduating class to any Texas university. Proponents of the bill argued it places a burden on flagship universities, such as the University of Texas at Austin.

The rule makes a high-quality college experience more available to students including minorities who might not get it otherwise, Herrero said.

In his first term, Garcia successfully pushed for the recording of the final votes lawmakers made on legislation and led the effort to protect funding for the Defense Economic Adjustment Assistance Grant program, which could bring millions of dollars to the Coastal Bend for redevelopment of Naval Station Ingleside.

The state budget passed by the Legislature includes $5 million for the program, a state grant system designed to help defense-dependent communities successfully transition through the job losses and other dislocations caused by the 2005 Base Realignment and Closure.

"It's going to have a big impact on the transition," Garcia said.

Ortiz helped pass a juvenile open records bill that allows parents access to their children's criminal records and removed legislation that would have allowed County Court at Law Judge James Klager to name his own successor to the bench.

Other area legislators, including Juan Escobar, D-Kingsville, and Yvonne Gonzalez Toureilles, D-Alice, each said they made solid strides for their districts. The most notable are aimed at regulating uranium mines, which are becoming increasingly prevalent in both lawmakers' districts.

Gonzalez Toureilles successfully pushed through a pair of uranium bills.

"They specify that with exploration mining, the jurisdiction is with the Railroad Commission," she said.

With an hour remaining before a legislative deadline, the House and Senate agreed to a final draft of Senate Bill 1604, a bill reforming procedures related to uranium mining. The bill includes an amendment by Escobar to preserve the procedure of contested case hearings for uranium mining permits.

The bill will affect operations in Kleberg County in several ways. The Escobar amendment clarifies the requirements that uranium mining operations have sufficient bonds to plug defunct wells and restore nearby groundwater before receiving permits for new activities. It allows public hearings under certain circumstances when changes are sought to existing mining permits.

Escobar's Chief of Staff Fred Cantu said the representative also was integral in securing $7.2 million in new money for the Texas A&M University System Health Science Center-Irma Rangel School of Pharmacy in Kingsville.

Where bills stand

HB 3556

Goal: To create a Texas A&M University-Corpus Christi engineering school

Authors: Ortiz, Herrero and Garcia.

Status: Left in committee

HB 3535

Goal: To create a holiday honoring the late civil rights icon Dr. Hector P. Garcia

Authors: Garcia, Herrero, Ortiz, Escobar, Gonzalez Toureilles

Status: Left in committee

HB 3837

Goal: To regulate in situ uranium mining

Author: Gonzales Toureilles

Status: Sent to governor for signature

HB 2801

Goal: To record and publish record votes

Author: Garcia

Status: left pending

HJR 19

Goal: Legislation to put a measure to record and publish all final passage votes by the Texas Legislature on the November statewide ballot as a constitutional amendment.

Co-authors: Garcia and Rep. Dan Branch, R-Dallas

Status: Passed

HB 4107

Goal: To create a Nueces County magistrate court

Authors: Herrero, Ortiz and Garcia

Status: Sent to governor for signature

HB 2622

Goal: To provide insurance benefits to the Regional Transportation Authority board of directors.

Author: Ortiz

Status: Sent to governor for signature.

HB 53

Goal: An amendment to a house bill renaming the Crosstown Expressway the Dr. Hector P. Garcia Memorial Highway.

Author: Hinojosa

Status: Passed

Post Your Comments

Posted by truthincc on June 3, 2007 at 10:06 a.m. (Suggest removal)

Ortiz feels like the session was successful. I guess if you consider doing absolutely nothing as being a success he is right. The delegation as a whole did little for us with most of the legislation they were involved having very little to improving the area they represent.

Posted by intheknow on June 3, 2007 at 11:11 a.m. (Suggest removal)

The fact that Gene seamen is gone in its self is a success!

The sex was consensual and certainly it is nothing that George needs to set his hooks into, right George?

The sex was consensual and certainly it is nothing that George needs to set his hooks into, right George?

Alvarez cover up for Villagomez and who else?

Judges, Powerful People, family, and sexual deviants.

Smith was given the opportunity to quash; then he would have been compromised in the future to cover up like Alvarez did and most likely ....

CORPUS CHRISTI — Supporters of Police Chief Bryan Smith addressed the city council Tuesday asking that he stay as the city’s top officer.

After hearing evidence, a grand jury on Friday decided not to indict Smith on an accusation that he sexually assaulted an ex-girlfriend on April 21.

Smith has been on leave, using his accrued vacation time since his accuser told police investigators why she was at area hospital that Smith had sexually assaulted her. City Manager Skip Noe is deciding what his future employment status will be.

Smith, 46, in a prepared statement and through his attorney, denied the allegations and is on voluntary paid leave until the city’s investigation is complete.

Smith’s parents, Hugh and Eleanor, his fiancé, Patricia Zavodsky, and her parents attended the city council meeting but did not speak before the council.

Zavodsky said later the couple still is engaged and they are making wedding plans.

“Of course we’re behind Bryan 100 percent and want him to get back to work as soon as possible,” she said, speaking for herself and their parents.

Kelly Knight, one of six who spoke on Smith’s behalf, said he has been a advocate for all crime victims, and worked specifically on her behalf to keep the man who pushed her off a balcony behind bars.

“Bryan Smith is honest and compassionate and extremely important to the city of Corpus Christi,” she said.

Joan Veith called Smith a good friend and said the grand jury represented the legal side of the issue and found no fault.

“I would hate to see anyone with such innovative ideas for our police department be swept aside because of perhaps an indiscretion,” she said. “He should be kept as chief of police because he is law enforcement. He has it in his heart, mind and soul and we don’t want to throw that out.”

Post Your Comments

Posted by latinking on May 29, 2007 at 1:44 p.m. (Suggest removal)

Innovative ideas! Tasering citizens, impoundings vehicles of the poor who cannot aford liability insurance. He needs to go back to the traffic division where he can get other opportunities to pull over more females to rape. He got away with indictment because of Carlos Valdez and his position as police chief, lets not reward his bad morals and place him where he can do more harm. I say at least demote where he can do no harm if we must keep him in CCPD.

Jaime Kenedeno:

" Innovative ideas! Tasering citizens, impoundings vehicles of the poor who cannot aford liability insurance."

LK when you say tasering citizens, aren't you referring to the department's new acquisition of Tasers and the training of officers in their use?

The training includes the tasing of the Officers as well. Smith has been the one to take the shock in a number of demonstrations.

For one involved in a level of violence requiring force; the officers now have another option before using deadly force. It is something I want nothing to do with.

In the impounding of the uninsured vehicles; certainly before getting a vehicle out of the impound one must provide proof of financial responsibility among several other items in order to get it out. We need to find a way for every vehicle to be insured and the insurance companies need to pay for it along with the auto industry and a few others.

He needs to go back to the traffic division where he can get other opportunities to pull over more females to rape.

JK: Now, there is a logical reason to keep him.

He got away with indictment because of Carlos Valdez and his position as police chief, lets not reward his bad morals and place him where he can do more harm.

Carlos Valdez wanted to write another book but there is nothing there.

I think Guido nutshelled it for us:

Unless there is a fairly copious amount of vaginal tearing indicating that the sex was most likely not consensual, this case is going to be a pretty big loser for the prosecution, regardless of whether a rape occurred or not.

First, there are only two witnesses to the alleged offense, the accuser and the accused. Second, any defense attorney worth his salt will point out that the suspect texted her that he was outside--a locked door. The victim will likely be grilled about why she just didn''t call police. Then, he will jump on the fact that she said she still loves him. By the end of her testimony, he will have the jury accepting the premise that she is a jilted woman trying to get her man back by anyway possible.

I say at least demote where he can do no harm if we must keep him in CCPD.

Jaime Kenedeno: The officers are behind him and so is the POA there is not a legitimate reason to demote him. Also, Bryan Smith retains the support of the local community leaders.

Posted by fashionista on May 29, 2007 at 1:57 p.m. (Suggest removal)

the blind leading the blind. The man proposes to his girlfriend and has a booty call with the ex and he's a man of intergrity and character...WOW!!! Oh yes! Let's keep him! He's a man of honor and high moral standards...a note to fiance'...get off a sinking ship. The grand jury should not have issued a no bill. Obviously, the word of a man against dance instructor was good enough for the grand jury (and rightly so), but not good enough for a police chief to go to trial...City Councilman Bill Kelly said to the news media on Friday that he supports Smith, well, as someone who has voted for Mr. Kelly in the past will now vote for someone else. I can't support a man who supports a man who has no moral standards, no intergrity and no character. Funny, the radio talk show hosts who demanded the impeachment of Clinton because of his indiscretion are supporting Smith....color me surprised.

JK: Is that what scorned woman syndrome is? You seem to be very knowledgeable of the relationship parameters between the ones involved yet the

Posted by maryjanecortinas on May 29, 2007 at 2:16 p.m. (Suggest removal)

Integrity? Excuse me but wasn't he driving drunk when he went to see his ex? I guess it's okay for a citizen to get pulled over locked up for driving drunk but the police chief is above the law. I have no respect for this man what so ever. I guess his fiance got a taste of her doing. Now he was sleeping with the ex while engaged to her. I guess the shoe was on the other foot. I wonder how she liked it being on the other side. Just like she was seeing him when he had been living with his ex. I hope she has enough common sense to realize that if he cheated on the ex girlfriend,and then cheated on her he will do it again. This man has no morals and this is what our City wants to represent the Sparkling City by the Sea. Where are all these groups that are always out there protesting the morals of our other city officials? The group that is so gunho at impeaching Melody Cooper needs to get on this band wagon.

Posted by sunglow2002 on May 29, 2007 at 2:48 p.m. (Suggest removal)

City of Corpus Christi has just turned into a "Big Sleaze Town" everyone needs to wake up and realize that we have top officials representing corpus as a sleaze town, first the CCISD superintendent spends our money at a strip bar, then a city council woman turned crooked and now faces a fine, then the cheif of police is caught cheating on girlfriend with an ex and might we add drunk. What the hell is all this mess. Someone needs to clean house and wipe away all the trash we have around here starting with the city manager. I'm ashamed to say I live in Corpus Christi.

Posted by txorange11 on May 29, 2007 at 3:47 p.m. (Suggest removal)

Well, it is a law that you have liability insurance.... poor or not, its a law. In order for a police officer to carry a taser or pepper spray, they must be tased in the back/ leg or sprayed in the face with it, and it is on a voluntary basis. So, they know what it's like and they don't just randomly use it. Furthermore, it has never been stated, and only the Grand Jury knows for sure if he was really drunk, if they did have sex, etc.... Why is it any of your business if he did have sex...the only one who should care is his fiance. Let her decide if she wants to stand by her man or not. There are many men and women in this world who cheat on their significant other. Some people just make bad choices. Doesn't mean they are bad people. Why else do people go to confession..duh, to confess their sins.....Obviously if there was no evidence that he was drunk or the grand jury would have acted on this as well. Everyone should just get over it and let the man get back to work. I'm curious though if there is going to be a lawsuit for defimation of character or filing a false report. But, remember the phrase, 'Hell hath no fury like a woman scorned.'

Posted by dgtx_814 on May 29, 2007 at 4:07 p.m. (Suggest removal)

Im sorry for everyone who feels ashamed to say they live in Corpus Christi. First of all let the one without sin cast the first stone. Chief Smith may have not used good judgment in doing what is alleged but he is a good leader. We have to follow a leader for all if not most of our daily operations but if reasonable people feel they have to follow a leader in every decision they make then I feel sad for all adults in this city not to mention those that are leaders and especially parents. I hope that all people make proper decisions for themselves in everything that they do and not have to look to a leader, or boss or anyone of stature to know how to use good moral judgement or character. Isn't that what our parents tried to teach us when we were kids? Be a leader not a follower. I strongly feel that Chielf Smith is a good leaderand will run our police department effectively. When he was a commander and worked closely with the Crime Control and Prevention District I was very pleased with the way he advocated for all the programs funded by crime control and I continue to believe that he will continue to do a great job as our Chief of Police.

Posted by vpguevara on May 29, 2007 at 4:08 p.m. (Suggest removal)

yes, let's have a police chief who is an honest law abiding citizen represent our city. what a disgrace. has anyone wondered why there was never an arrest? he sure was treated like any other citizen. what a joke! anyone else would have been arrested, handcuffed, and made to post bail with nothing more than an accusation of an assault. the police chief admits to being with the victim (drunk or sober he was still with her) the night of the alleged incident and gets to walk away on paid leave while the investigation is being conducted. if i was someone who was "wrongfully accused" and had the humiliation of being arrested and made to come up with the money to post bail i would get a lawyer to sue the city for not treating the bryan smith like every other citizen. kobe bryant got arrested and had to post bail but hey our police chief is above that and gets to just go on a paid vacation. lets all ask ourselves if bryan smith was drunk.....was he walking?? no probably not. that means he probably was also driving while intoxicated. wow what a role model for our children. don't drink and drive unless you're the police chief and can get away with it. a note to his fiance....run! no woman should ever be publicly humiliated and this affair should have been a slap in the face. how many other women did bryan smith lie to?

Posted by txorange11 on May 29, 2007 at 4:20 p.m. (Suggest removal)

Obviously there wasn't enough proof in the beginning to warrant an arrest... just public embarrassment.
I say again....
Obviously if there was no evidence that he was drunk or the grand jury would have acted on this as well. Everyone should just get over it and let the man get back to work!

Posted by guest on May 29, 2007 at 4:37 p.m. (Suggest removal)

How do you know that he was driving drunk? Were you there?

Posted by foxyroxy_78412 on May 29, 2007 at 4:40 p.m. (Suggest removal)

I feel sick that our police chief has the poor character to have sex with his ex girlfriend, while engaged to another. It is not alleged, he admitted to it. I know nothing more about the man than his name and his actions, but i do know i would not want to stand next to him in line at the store. I surely do not want him in charge of the Police Force of Corpus Christi.

Posted by FTWJohnQPublic on May 29, 2007 at 5:10 p.m. (Suggest removal)

I applaud Chief Smith for his service to the city of Corpus Christi. He has a tough job, especially since fifty percent of the people in Corpus are criminals, and the other half are hypocrites. Ok…Ok…my numbers are off because I didn’t count the people who normally standby silent and do nothing.

Regardless of your stance on this current issue (which will soon be history with the next big headline) Chief Smith is knocking criminals over like trees. Not only is he locking-up sex offenders and vandals, he is putting technology in the hands of street officers that will ultimately benefit the public. Plus, Chief Smith has revived the Corpus Christi police department after ten years of dormancy.

Too many people in this forum are shouting from their ivory towers that this is a “Moral” problem…like they are the Patron Saints of Virginity. Hey lets face it; we are all sinners in one form or another. Everyone has a past and everyone has a future. Luckily some of us can ask for forgiveness during confessions. Weigh it out…Smith has more positives than negatives, besides WWJD.

Oh yea…I like Chief Smith’s idea of impounding “poor” people cars because they can’t afford liability insurance. That sucks for “poor” people almost as much as it would suck for me, when involved an accident with them. After all, if they can’t afford insurance because they are “poor”, then how are they going to fix my car? Oh wait…again I guess I’ll be the responsible one and pay more for peace of mind, just in case they wreck into me. If you can’t afford liability insurance (especially because of your 5 prior DWI’s) then you need to take the bus…just think of yourself as being eco-friendly instead of irresponsible.

Posted by dmposes on May 29, 2007 at 5:27 p.m. (Suggest removal)

Wow! I am reading all these comments and they are all filled with such passion! First of all, we can all recall the Monica and Bill situation. Some say it did not hinder his ability to "lead" his country, however, I beg to differ. He was struggling so hard to stay out of the limelight and let things be that I believe his presidency did suffer. When you are a leader, whether it be the leader of a country, the leader of a city, or a teacher leading her classroom, you are a person who is deserving of respect and that respect is EARNED. Yes, we all make mistakes, however, when we make foolish mistakes that impact our daily lives as did Bill Clinton and Bryan Smith, then everyone loses...the people, the city, and the leader himself. Past behavior predicts future behavior. I'd love for someone to prove me wrong! Still waiting........

Posted by tktamez on May 29, 2007 at 6:19 p.m. (Suggest removal)

Yes dmposers. To answer your question, some past behaviors DO PREDICT future behavior. Duh. Protocol was not followed wtih him, and everyone that knows the protocol ( look up SUSPECT and the protocol for questioning one. He was not questioned by the police that weekend. Yes, he may have called his department and said, " hey i heard i was accused of something, and i didn't do it " and they may have said " ok chief " see you on Monday" But that isn't protocol. If it had been my son, or your son, would they have at least been taken to the station that weekend for questioning ?? I think so. Would they have been allowed to ROME around Corpus Christi ALL WEEK END., without being OFFICIALLY questioned? I think not ! I don't think the grand jury ruled " no bill" until recently, Not while he was out on vacation, or the weekend of the rape. My my, what a system Corpus Christi has. Good ole boy. The " he works with us, ( City employee ) so he could not have done it attitude. By the way, i work for this city, so i have seen this attitude first hand.
I say , the City Council needs to hear it from the other side now, but you know what ??? THEY WON'T. The request has already been turned down. So Sad . Everyone just need to pray for our city. It's a shame..T.K.

Posted by vpguevara on May 29, 2007 at 8:14 p.m. (Suggest removal)

hmmm.....maybe there wasn't enough proof that he was drunk because nobody brought the guy in for questioning????? of course there is no proof! the grand jury couldn't do act on it because the proper protocol was not followed. the man was not arrested! no one checked his blood alcohol level! yes i agree, let's let him get back to work so that the next time he is "wrongfully accused" of a crime he has enough vacation time to pay for his leave.

Posted by debbie on May 29, 2007 at 8:54 p.m. (Suggest removal)

Couldn't agree with you more...FTWJohnQPublic..."I like Chief Smith’s idea of impounding “poor” people cars because they can’t afford liability insurance. That sucks for “poor” people almost as much as it would suck for me, when involved an accident with them. After all, if they can’t afford insurance because they are “poor”, then how are they going to fix my car? Oh wait…again I guess I’ll be the responsible one and pay more for peace of mind, just in case they wreck into me. If you can’t afford liability insurance then you need to take the bus." Not to mention...It's the LAW!!!

Don't care if Chief Brian Smith is innocent or not, but it takes two to tango. I am sure he is not the only leader in this community, city or country with no morals...Bill Clinton with Hilary by his side!!!! Hmm...didn't he get to keep his job???

Posted by jillhaggerty on May 29, 2007 at 9:37 p.m. (Suggest removal)

If those who feel as negatively about Smith really want to see him ousted then you'd better write a letter and make a call to the office of the Mayor, Skip Noe and your District Council person stating so as soon as possible. Writing it out here on this newspaper website isn't going to do any good because these people are hearing publicly from Smith's supporters. If they don't hear or read anything against Smith then they will stupidly assume that no one wants him gone. If you have a problem with Smith then let the right people know about it, or else prepare to have our city live with the horrible consequences.

Posted by globalairsolutions2002 on May 29, 2007 at 10:39 p.m. (Suggest removal)

We're all humans and acceptable to faults. Mr. Smith sholuld of known by putting himself in that particular situation. He got cuaght with his hands in the cookie jar and should be dealt with in the manner he represented himself. He is one of the highest ranking law enforcement officials in the coastal bend; and it's a shame that he can't admitt he was wrong to the citizens of Corpus Christi by putting his office in that negative situation and accepting some type of responsibility as a man and a positive role model not a negative one. Sorry for all the lives you interupted by your actions Cheif!
P.S. YOU KNOW IT WAS WRONG WHEITHER YOU DID OR NOT YOU HURT THE WOMEN IN YOUR LIFE AND THE CITY AND IT'S CITIZENS....

Posted by no on May 30, 2007 at 1:41 a.m. (Suggest removal)

Clinton? That's just the "mommy he did it first excuse."

Posted by no on May 30, 2007 at 1:41 a.m. (Suggest removal)

He failed to show the judgment, character and principles expected, demanded and required of a man who is the police chief.

And that's regardless of it being rape or not rape.

Posted by Schlitrman on May 30, 2007 at 2:31 a.m. (Suggest removal)

Hey vpguevara,

Quoting from your post,

"hmmm.....maybe there wasn't enough proof that he was drunk because nobody brought the guy in for questioning????? of course there is no proof! the grand jury couldn't do act on it because the proper protocol was not followed. the man was not arrested! no one checked his blood alcohol level!..."

vp (may I call you vp?), the alleged victim did not make her report until approximately 12 hours after the alleged rape. Why? Probably so she could concoct her plan to destroy the Chief, but you would have to ask her. Oh! You can't. Her name was not released. So whatever alcohol in the Chief's blood (if there ever had been any) would have been gone by that time. She can't prove he was drunk, but he can't prove he was not. Part of the reason she waited perhaps?

When our alleged victim, alleged paragon of alleged virtue that you would have us believe her to be goes to the hospital for the sexual assault exam, a CCPD officer was called to take a police report. When this officer discovers that our alleged victim, alleged paragon of alleged virtue that you would have us believe her to be is accusing the Chief of Police of sexual assault, he, according to news reports, notifies his supervisor, who notifies the Chief. The Chief then calls in the Texas Rangers to take over the investigation believing it would not be proper for the CCPD to investigate their own boss. Do you know of a different protocol that should be followed in a case such as this? If so, please share it with us. The Chief also notifies his own boss, City Manager, Skip Noe, and voluntarily takes his OWN vacation time that he has earned and is entitled to use for any purpose. Doesn't sound like a nice vacation. Keep in mind, this is HIS vacation time, which the city would have to pay to him in any case whether this need for him to step away from his duties had come about or not. Channel 10 ran with this story last week about how much his "paid leave" was costing the city, but received a phone call from Skip Noe correcting them and stated that Chief Smith was saving the city money by using his vacation pay instead of administrative leave. It was only after the no-bill that Mr. Noe placed Smith on administrative leave pending the city's internal investigation. vp, you need to keep up to date on your facts.

vp, I just wonder about something and please be honest. If it were proven that the Chief's accuser acted out of spite, vindictiveness, and the hope of monetary gain (she hired civil attorney Abraham Moss within days of the initial report), would you be in favor of charging her with filing a false report to police? If she lied under oath, would you be in favor of charging her with perjury? Or is your contempt for Chief Smith at such a level that you would be willing to excuse such a level of misconduct just to get rid of him?