Saturday, March 20, 2010

Congratulations Little Girl, However Should You Continue The Path Please Remember Who U R Now

Governor appoints Anna Jimenez as Nueces County’s DA Successor to lead office until November election  

By Mary Ann Cavazos, Jaime Powell Posted March 18, 2010 at 11:12 a.m. , updated March 18, 2010 at 5:06 p.m.



 CORPUS CHRISTI — Hours after Gov. Rick Perry announced Anna Jimenez was his choice for Nueces County district attorney she was surrounded by fellow Republicans and some Democrats, as she was sworn in. Jimenez, 40, is the first woman and first Hispanic Republican to hold the post — two points she brought up during the informal swearing ceremony officiated by 13th Court of Appeals Justice Rose Vela, a fellow Republican. “I wanted to get the process done so I can get to work,” Jimenez said. Jimenez will fill the spot vacated by longtime District Attorney Carlos Valdez, who now is city attorney. About 40 well wishers, including Sheriff Jim Kaelin, County Judge Loyd Neal, County Commissioner Mike Pusley, County Commissioner-elect Joe McComb and District Judge Tom Greenwell, all Republicans, were among those who cheered. Democrats, including Valdez, lawyer Bill Edwards and District Judge J. Manuel Bañales also attended, which several Republicans said signals Jimenez has support across party lines. “I’m so proud of you,” Valdez told Jimenez, hugging her. Speaking to the crowd, Valdez called Jimenez’s appointment historic and added that he believed Gov. Perry made a good choice. Jimenez has been a prosecutor in Valdez’s office since 2006. “I know her abilities and her work ethic,” Valdez said. “I know she will do an excellent job.” Valdez said he had to attend what he called a historic moment for Nueces County. First Assistant District Attorney Mark Skurka also interviewed in Austin for the job. Valdez said Skurka also would have been a fine pick for a position he feels should be nonpartisan. “There’s no Democratic or Republican way to prosecute or judge a case,” he said. Jimenez will seek the Republican nomination for a November special election to complete the final two years of Valdez’s unexpired term. Skurka had served as acting district attorney until Jimenez’s appointment. He intends to seek the Democratic nomination for the position. Several key Republicans supported Jimenez for the job and are likely to support her as their nominee, a decision that will be made by the party’s precinct chairs. Neal, Pusley, State Rep. Todd Hunter, businessman Mike Scott, businessman Dick Bowers, lawyer Lance Bruun as well as former GOP party chairmen Mike Bertuzzi and Joel Yowell sent a list of potential candidates for the district attorney job to the governor and listed pluses and minuses for each, Pusley said. Jimenez, who has an undergraduate degree from Texas A&M University-Corpus Christi and a law degree from Texas Southern University, was a standout among the group, several said. She has longtime ties to the local GOP, Pusley said. “We think No. 1 that she will make a good D.A. Secondly, we think she is electable in November,” Pusley said. “We have to look at people who we think are electable.” Valdez spent 17 years leading the District Attorney’s Office. The district attorney’s salary is $136,000.

Comments » 63 March 18, 2010 11:27 a.m. Suggest removal Reply to this post rmacjr writes: I don't know much about Anna Jimenez but I was really hoping that Mark Skurka would get the job. Mark has my vote in November. March 18, 2010 11:55 a.m. Suggest removal Reply to this post Bsd2thebone writes: Hope she is a good republican. March 18, 2010 12:03 p.m. Suggest removal Reply to this post mannesq32#719940 writes: in response to rmacjr: I don't know much about Anna Jimenez but I was really hoping that Mark Skurka would get the job. Mark has my vote in November. Thank you. He has my vote too. Who is Anna Jimenez? How long has she been employed vs. Mark Skurka? March 18, 2010 12:07 p.m. Suggest removal Reply to this post baylorattorney writes: poor choice. March 18, 2010 12:20 p.m. Suggest removal Reply to this post Juaners writes: in response to mannesq32#719940: Thank you. He has my vote too. Who is Anna Jimenez? How long has she been employed vs. Mark Skurka? And this people, is why Corpus Christi will never change. I have spent enough time in court to know Mrs. Jimenez is more than qualified for the position of District Attorney. She's got my vote come November. March 18, 2010 12:30 p.m. Suggest removal Reply to this post poutygoddess2971#715862 writes: They need to get completely new bloood in there. March 18, 2010 12:46 p.m. Suggest removal Reply to this post Maylene writes: I kind of was disappointed he did not chose Mark Skurka, but then it clicked on me that Anna must be Republican. So, guess what??? I am voting for Mark Skurka come November. March 18, 2010 1:17 p.m. Suggest removal Reply to this post Brioni writes: The corruption continues, if she's any relation to Fred Jimenez you can bet she won't be fair. The blood runs in the same veins, Fred is the most un ethical attorney who preys on his victims. He will sell out his client for a dollar, not to say these criminals shouldn't be put in jail, but defend them according to the oath they have taken as attorneys. I think Mrs. Jimenez has her own skeletons to deal with at home. March 18, 2010 1:22 p.m. Suggest removal Reply to this post boboso78411 writes: in response to Maylene: I kind of was disappointed he did not chose Mark Skurka, but then it clicked on me that Anna must be Republican. So, guess what??? I am voting for Mark Skurka come November. First, how can you vote for Skurka in November if his name isn't on the ballot. He has not been chosen by the precinct chairs. He has lost elections before and he will again. How funny is it that he was willing to turn republican for this appointment but when he doesn't get it he runs back to the democrats. Second, Mrs. Jimenez has done this community a great service while at the DA's Office. If you do the research you will find this out. She will do a great job. March 18, 2010 1:23 p.m. Suggest removal Reply to this post jks writes: Anna Jimenez - licensed 11/2000 Mark Skurka - licensed 11/1986 per the State Bar website March 18, 2010 1:40 p.m. Suggest removal Reply to this post baylorattorney writes: The republicans would have you believe that the best person for the job is not electable. That the most qualified and experienced individual cannot win votes. The republicans would have you believe you are not qualified to cast a vote responsibly. March 18, 2010 1:41 p.m. Suggest removal Reply to this post cmm writes: "Valdez, a Democrat, spent 17 years leading the District Attorney’s Office" plenty of time for a Dem in the position... March 18, 2010 1:43 p.m. Suggest removal Reply to this post NuecesResident writes: Given the list of people involved in the nomination of qualified individuals, I would be inclined to say they carefully reviewed the potential candidates they sent to Rick Perry. Those listed would not put their name or their character on the line by asking for someone who WAS NOT qualified to be considered. As for Skurka, he has sat in the shadows for too long. He is part of the previous administration and more than likely would not provide any change to the functions of the office or the pursuit of the bad boys (girls) of CC. I wish Ms. Jimenez the best of luck in this new endeavor. I applaud her for her accomplishments in prosecuting some really sick individuals that prey upon our most vulnerable citizens - our children. Anyone who can take on these sick B*S*A*D* deserves a little more credit than some of you, with negative comments, have provided. March 18, 2010 1:44 p.m. Suggest removal Reply to this post peaceloveservice#702819 writes: Judge's should NOT be appointed or elected based on their political party. Judge's should be appointed or elected based on their own philosophy of the law and how to handle criminals. I'll give you an example. Judge Shamsie is a democrat who is smart, compassionate, and willing to bend backwards for kids. However, although these qualities help him as a judge, they also make him a judge that the kid's take advantage of. When it's all said and done, he has done nothing more than ENABLE these kids to continue their drug usage and criminal behavior. Just passing the buck to the adult system. by the way, I like Judge Shamsie as a man, however, as a judge he does a disservice to our community. I could care less if Ms. Jimenez is a democrat or republican. I just want to know how she intends to handle criminals and what her personal philosophy is regarding the criminal justice system. Is she for incarceration, rehabiliation, or just letting offenders slide until they really screw up. How does she plan to work with the Adult Probation and Parole Dept.? Does she believe in the death penalty ? If yes, for what offenses ? What changes does she plan to make at the DA's Office ? Why ? In closing, I feel we need Judge's that are fair, firm and tough. Give the criminal one or two chances and on strike 3 say bye-bye. The time has come to get tough on crime and take back our streets. March 18, 2010 1:52 p.m. Suggest removal Reply to this post NuecesResident writes: in response to peaceloveservice#702819: Judge's should NOT be appointed or elected based on their political party. Judge's should be appointed or elected based on their own philosophy of the law and how to handle criminals. I'll give you an example. Judge Shamsie is a democrat who is smart, compassionate, and willing to bend backwards for kids. However, although these qualities help him as a judge, they also make him a judge that the kid's take advantage of. When it's all said and done, he has done nothing more than ENABLE these kids to continue their drug usage and criminal behavior. Just passing the buck to the adult system. by the way, I like Judge Shamsie as a man, however, as a judge he does a disservice to our community. I could care less if Ms. Jimenez is a democrat or republican. I just want to know how she intends to handle criminals and what her personal philosophy is regarding the criminal justice system. Is she for incarceration, rehabiliation, or just letting offenders slide until they really screw up. How does she plan to work with the Adult Probation and Parole Dept.? Does she believe in the death penalty ? If yes, for what offenses ? What changes does she plan to make at the DA's Office ? Why ? In closing, I feel we need Judge's that are fair, firm and tough. Give the criminal one or two chances and on strike 3 say bye-bye. The time has come to get tough on crime and take back our streets. Thank you PeaceLoveService for having a brain and the ability to use it to make rational comments. I also agree with you about Shamsie. Great as a person, but not good at administering appropriate decisions with the juveniles. Hopefully, time will tell us more about Ms. Jimenez and her stance on the situations you addressed. However, I am more than sure she will prove herself worthy of our vote. March 18, 2010 1:53 p.m. Suggest removal Reply to this post baylorattorney writes: James Sales, also on the list, would have been a much more qualified DA. He headed the misdemeanors division of Nueces County DA, NTM all of the gang prosecutions he succeeded at in spite of death threats, and when he ran for judge, he made a good showing. March 18, 2010 2:16 p.m. Suggest removal Reply to this post boboso78411 writes: in response to baylorattorney: James Sales, also on the list, would have been a much more qualified DA. He headed the misdemeanors division of Nueces County DA, NTM all of the gang prosecutions he succeeded at in spite of death threats, and when he ran for judge, he made a good showing. He headed the misdemeanor division until he was demoted. March 18, 2010 2:35 p.m. Reply to this post Silver writes: (This comment was removed by the site staff.) March 18, 2010 2:38 p.m. Suggest removal Reply to this post fish2026#283478 writes: I actually know Anna Jimenez- I've done cases against her before she became a prosecutor. She is a good person and a good attorney-totally honest. Her 3 years experience is a bit short for being an elected DA, but overall she is a good choice. Of Course I'm suspicious of anything Rick Perry does but I do like Todd Hunter. March 18, 2010 3:01 p.m. Suggest removal Reply to this post myjulian2000#416684 writes: in response to rmacjr: I don't know much about Anna Jimenez but I was really hoping that Mark Skurka would get the job. Mark has my vote in November. Mark Skurka has 5 votes from my household. Go Mark! March 18, 2010 3:13 p.m. Suggest removal Reply to this post Freedom_Lover writes: Again Gov. Good Hair goes for the good little republican, not the best qualified person. Heavy sigh. March 18, 2010 3:44 p.m. Suggest removal Reply to this post Bsd2thebone writes: in response to Silver: (This comment was removed by the site staff.) What does chubby have to do with it? Like Skurka is lean? March 18, 2010 3:50 p.m. Suggest removal Reply to this post princeton1234 writes: Ok this lady has had only, mmm, 10 years experience (mainly defense). She literally went to the worst lawschool in the country. And used to be democrat and recently changed to be the republican nominee, just so she would be nominated! James Sales should of been nominated at least for the Republican nomnination, he went to the University of Houston. Why would anyone want a gossipy, lying, and ill willed vindictive person to run for this position? I really hope Mark Skurka wins this position, he has entirely way too much experience and has been an attorney since 1986. I guess that is corpus for you. Upcoming voters, think and do your research. It may not have to much of a difference in your lives but it can. It will make a difference for the victims of crimes. And I think Mark Skurka will care more for the victims than Mrs. Anna Jimenez. March 18, 2010 4:21 p.m. Suggest removal Reply to this post mackattack writes: in response to peaceloveservice#702819: Judge's should NOT be appointed or elected based on their political party. Judge's should be appointed or elected based on their own philosophy of the law and how to handle criminals. I'll give you an example. Judge Shamsie is a democrat who is smart, compassionate, and willing to bend backwards for kids. However, although these qualities help him as a judge, they also make him a judge that the kid's take advantage of. When it's all said and done, he has done nothing more than ENABLE these kids to continue their drug usage and criminal behavior. Just passing the buck to the adult system. by the way, I like Judge Shamsie as a man, however, as a judge he does a disservice to our community. I could care less if Ms. Jimenez is a democrat or republican. I just want to know how she intends to handle criminals and what her personal philosophy is regarding the criminal justice system. Is she for incarceration, rehabiliation, or just letting offenders slide until they really screw up. How does she plan to work with the Adult Probation and Parole Dept.? Does she believe in the death penalty ? If yes, for what offenses ? What changes does she plan to make at the DA's Office ? Why ? In closing, I feel we need Judge's that are fair, firm and tough. Give the criminal one or two chances and on strike 3 say bye-bye. The time has come to get tough on crime and take back our streets. I agree. Just a quick and friendly clarification for you, though: Ms. Jimenez would be running for County DA, not Judge. March 18, 2010 4:45 p.m. Suggest removal Reply to this post mannesq32#719940 writes: in response to jks: Anna Jimenez - licensed 11/2000 Mark Skurka - licensed 11/1986 per the State Bar website Thank you. March 18, 2010 4:50 p.m. Suggest removal Reply to this post mannesq32#719940 writes: in response to Juaners: And this people, is why Corpus Christi will never change. I have spent enough time in court to know Mrs. Jimenez is more than qualified for the position of District Attorney. She's got my vote come November. YOU DID NOT ANSWER THE QUESTION! IT IS OK....NOW I KNOW! March 18, 2010 5:09 p.m. Suggest removal Reply to this post dwp007#715457 writes: Smart, ethical, fair minded, able to see both sides of a case, good person, good lawyer. March 18, 2010 6:01 p.m. Suggest removal Reply to this post princeton1234 writes: Ugh didn't she go to literally worst lawschool in the nation? And James Sales went to the University of Houston... James Sales should of at least gotten the Republican nomination. I mean Mrs. Jimenez originally was a democrat. March 18, 2010 6:28 p.m. Suggest removal Reply to this post rd123 writes: If Skurka was the man for the job he should have made his move a long time ago. Sales? Misdemeanor div? Please. The lady thats been prosecuting the sick perverts preying on our children will get my vote everytime. March 18, 2010 6:30 p.m. Suggest removal Reply to this post clash writes: I sat on a jury for a trial she tried, good lawyer, did a good job. I say she gets a chance to show her stuff,might have to chance your mund. March 18, 2010 7:39 p.m. Suggest removal Reply to this post sandworks writes: ~~~~~??? its a family affair ~~~~ IIIt's a family affair!!!~~~~~ Or its political sausage. March 18, 2010 7:45 p.m. Suggest removal Reply to this post Texas43 writes: If that is all our Governor can come up with, oh well. Poor choice. Typical South Texas. March 18, 2010 7:54 p.m. Suggest removal Reply to this post liz_gutierrez2000#236895 writes: I was hoping Mark Skurka would get the DA position/ Mr. Skurka has my vote and support March 18, 2010 8:05 p.m. Suggest removal Reply to this post RobertBurns writes: in response to boboso78411: First, how can you vote for Skurka in November if his name isn't on the ballot. He has not been chosen by the precinct chairs. He has lost elections before and he will again. How funny is it that he was willing to turn republican for this appointment but when he doesn't get it he runs back to the democrats. Second, Mrs. Jimenez has done this community a great service while at the DA's Office. If you do the research you will find this out. She will do a great job. Wrong, my friend, Mr. Skurka was NOT willing to switch parties. And I respect that, because, regardless of what party you affiliate with, it's nice to know there are people who won't trade political affiliations out of ambition. March 18, 2010 8:29 p.m. Suggest removal Reply to this post NuecesResident writes: in response to RobertBurns: Wrong, my friend, Mr. Skurka was NOT willing to switch parties. And I respect that, because, regardless of what party you affiliate with, it's nice to know there are people who won't trade political affiliations out of ambition. Skurka was willing, in the beginning, to run as a Republican. I have it on good-faith, from a very reputable source, that he did state that to several in the party and then changed his mind. So, you need to check with MS before you state something on a topic which you may not have received complete information. March 18, 2010 9:19 p.m. Suggest removal Reply to this post SueBHuni writes: Ahhh ... South Texas Politics ... anyone with any real connections in our Sparkling City knows the best candidate was and is Mark Skurka. Look at most every major case (Selena, Candyman ... etc.) since he came on board and you will find he was lead or 1st assistant on most all of them. And successful at most all of them. Who with any sense would choose someone with barely 10 years experience? This choice from a man who uses more AquaNet than Dolly Parton. WRONG CHOICE HAIR SPRAY BOY! March 18, 2010 9:50 p.m. Suggest removal Reply to this post angggarza writes: in response to Silver: (This comment was removed by the site staff.) Obviously you’re ignorant if you think she is chubby and if you think that her weight has ANYTHING to do with her ability to make Corpus Christi a safer place to live! March 18, 2010 9:55 p.m. Suggest removal Reply to this post angggarza writes: in response to Brioni: The corruption continues, if she's any relation to Fred Jimenez you can bet she won't be fair. The blood runs in the same veins, Fred is the most un ethical attorney who preys on his victims. He will sell out his client for a dollar, not to say these criminals shouldn't be put in jail, but defend them according to the oath they have taken as attorneys. I think Mrs. Jimenez has her own skeletons to deal with at home. First of all Fred Jimenez is an EXCELLENT attorney and second of all Ann Jimenez will be an excellent DA for Corpus Christi!!!!! March 18, 2010 10:30 p.m. Suggest removal Reply to this post bellaelle70#253755 writes: Great choice! Anna has my vote. She is more than qualified and has tons of ethics. March 18, 2010 10:39 p.m. Suggest removal Reply to this post myjulian2000#416684 writes: in response to NuecesResident: Skurka was willing, in the beginning, to run as a Republican. I have it on good-faith, from a very reputable source, that he did state that to several in the party and then changed his mind. So, you need to check with MS before you state something on a topic which you may not have received complete information. I believe you have Mark confused with Hunter. He turned but once a democrat always a democrat! March 19, 2010 12:42 a.m. Suggest removal Reply to this post conveidt writes: Rick Perry is courting the Hispanic vote in the upcoming Govenor's race so it's no surprise that he picked the only Hispanic candidate. I hope she's a better lawyer than her law school usually turns out. TSU is the worst law school in the state if not one of the worst in the country. March 19, 2010 1:45 a.m. Suggest removal Reply to this post Txtrnsplnt062 writes: Conveidt, you nailed it. Once the smoke clears, reality is not far behind. At the end of the day, it's all about the politics. It certainly isn't about quals; it's party affiliation and making citizens, in particular hispanics, and women voters, feel good. I'll wager you, this deal was struck some time ago to even the playing field. The talk in previous post was Valdez couldn't win another election. He opted to move over to city atty and create an open slot in the DA's office. Gov Rick blessed it, done deal. It's temporary, but it fits. If Ms Jimenez decides to run for the position, and wins, Gov has jumped started her career. If she runs and loses, but makes a decent showing, she'll have name recognition. This opens a world of political promises. (First woman hispanic appointed, etc.) Inquiring minds want to know...who is Ms Jiminez?} The process has begun. March 19, 2010 5:50 a.m. Suggest removal Reply to this post medom2000#300720 writes: in response to peaceloveservice#702819: Judge's should NOT be appointed or elected based on their political party. Judge's should be appointed or elected based on their own philosophy of the law and how to handle criminals. I'll give you an example. Judge Shamsie is a democrat who is smart, compassionate, and willing to bend backwards for kids. However, although these qualities help him as a judge, they also make him a judge that the kid's take advantage of. When it's all said and done, he has done nothing more than ENABLE these kids to continue their drug usage and criminal behavior. Just passing the buck to the adult system. by the way, I like Judge Shamsie as a man, however, as a judge he does a disservice to our community. I could care less if Ms. Jimenez is a democrat or republican. I just want to know how she intends to handle criminals and what her personal philosophy is regarding the criminal justice system. Is she for incarceration, rehabiliation, or just letting offenders slide until they really screw up. How does she plan to work with the Adult Probation and Parole Dept.? Does she believe in the death penalty ? If yes, for what offenses ? What changes does she plan to make at the DA's Office ? Why ? In closing, I feel we need Judge's that are fair, firm and tough. Give the criminal one or two chances and on strike 3 say bye-bye. The time has come to get tough on crime and take back our streets. I also agree with you and that is how people should be appointed. March 19, 2010 5:57 a.m. Suggest removal Reply to this post jeohardrider#710144 writes: I do hope the democrats give Mark the chance to run. He been very good for the people and always seek the truth. March 19, 2010 6 a.m. Suggest removal Reply to this post pmorin#314328 writes: I know Anna Jimenez very well. She has worked with the most extreme child abuse cases in Nueces County and advocated fairly on behalf of children and families most people would rather forget. She served as my son's attorney ad-litem in a very high conflict custody case. She is professional, fair, hard-working and accessible. I know she will do an excellent job for Nueces County because she cares about knowing her facts and doing the right thing. There is nothing "political" about her. I am not a fan of Gov. Rick Perry, but in this case he has done something right. March 19, 2010 6:14 a.m. Suggest removal Reply to this post nepdcc#401467 writes: Judge Shamsie is a good judge (doesn't kow-tow to the know-nothings that usually comment here). Judge Banales, a democat has been in office too long and is abusive as a judge. Judge Greenwell, a republican, is a decent and honest judge. Party affiliation is not a good determinant of who is best for this type of office. Ana Jimenez is a smart, honest prosecutor. Skurka is experienced, but appears a bit opportunistic. Most voters have no idea who either of these two are, and many vote along party lines, with little concern or knowledge for qualifications. March 19, 2010 7:07 a.m. Suggest removal Reply to this post ridley writes: Skurka was offered the job if he turned republican, thought about it and turned it down. The real villain in this is Carlos Valdez, who after years of support from his party jumped ship after it was too late for a dem to be picked to run for office in the primary. His timing that threw the potential prosecution of kostelnik for perjury into limbo is also questionable, seeing how it would invalidate the city's choice for the port commissioner and his votes on crucial 4-3 votes. Now carlos abandons the dems to perry, draws 100k per year retirement from the county and 135k from the city. what an opportunist and disloyal individual. March 19, 2010 7:52 a.m. Suggest removal Reply to this post mawnpa#245297 writes: Give Ms. Jimenez a chance. So much can happen between now and elections. How long did it take our President to sink us into trillions of debt? If Ms. Jimenez can do the job, what difference does her political affiliation make? She's been given a big job and hopefully she'll receive the support from those within her office. Good luck. March 19, 2010 7:59 a.m. Suggest removal Reply to this post fish2026#283478 writes: ridely Give us some evidence that Skurk was offered the job if he turned Republican. You might have to give us your name too. Im just curious I think he would be a good DA but I know Anna and think she will be fine too. March 19, 2010 8:25 a.m. Suggest removal Reply to this post sun97keyvol writes: in response to ridley: Skurka was offered the job if he turned republican, thought about it and turned it down. The real villain in this is Carlos Valdez, who after years of support from his party jumped ship after it was too late for a dem to be picked to run for office in the primary. His timing that threw the potential prosecution of kostelnik for perjury into limbo is also questionable, seeing how it would invalidate the city's choice for the port commissioner and his votes on crucial 4-3 votes. Now carlos abandons the dems to perry, draws 100k per year retirement from the county and 135k from the city. what an opportunist and disloyal individual. You have no clue on what you are saying. I am sure you dont have any proof showing that Skurka was offered the job if he turned republican. March 19, 2010 8:28 a.m. Suggest removal Reply to this post KingCo writes: Just do the job, and do it well. We can woulda, coulda, shoulda this appointment to death. Very interestng reading...I think we should call in Fox Molder to investigate this matter further. March 19, 2010 8:30 a.m. Suggest removal Reply to this post sun97keyvol writes: in response to Brioni: The corruption continues, if she's any relation to Fred Jimenez you can bet she won't be fair. The blood runs in the same veins, Fred is the most un ethical attorney who preys on his victims. He will sell out his client for a dollar, not to say these criminals shouldn't be put in jail, but defend them according to the oath they have taken as attorneys. I think Mrs. Jimenez has her own skeletons to deal with at home. Not all people with the last name Jimenez are related. BTW how do you know ANYTHING about Mrs. Jimenez's home life? Sounds to me you are jealous that someone is succeeding in life. March 19, 2010 9:14 a.m. Suggest removal Reply to this post Brioni writes: in response to sun97keyvol: Not all people with the last name Jimenez are related. BTW how do you know ANYTHING about Mrs. Jimenez's home life? Sounds to me you are jealous that someone is succeeding in life. Far from being jealous, just see the realities for what and who they are. March 19, 2010 9:56 a.m. Suggest removal Reply to this post sun97keyvol writes: in response to Brioni: Far from being jealous, just see the realities for what and who they are. You are defaming her for your own pleasure. You ARE not only jealous but also a liar. March 19, 2010 10:35 a.m. Suggest removal Reply to this post csmith12#252012 writes: My family has had the pleasure of working with Anna. Lets just say she did justice for my family and she is an AWESOME attourney. I was very impressed, on how she takes control and protects our children from these low life scums we have out there in our community. Hey people, dont hate because she is hispanic & doing well.. the is great for her, you all need to do the research of her cases and who cares for how long or where she went to school.. GROW UP PEOPLE March 19, 2010 11:07 a.m. Suggest removal Reply to this post boboso78411 writes: I know Skurka and Jimenez. I think they are both good attorneys. But there needs to be change in that office. There needs to be a new administration. Skurka has been leading that office with Carlos Valdez for too long. Everyone complains about the DA's office and now that there is someone new at the helm they are complaining less than 24 hours later. Let Mrs. Jimenez show the community that she is going to do a great job. By the way, I have talked to several people in that office who say that are so excited that she is now the DA. Several of these people were ready to move on if Skurka took over. March 19, 2010 11:35 a.m. Suggest removal Reply to this post BlueBlood writes: Pusley plays alot of political games. Do not be fooled. "Longtime ties to local GOP" MY FOOOT!!! How convenient for Jimenez to sell out so quickly. Skurka is a longtime servant to our county as 1st assistant to the DA and should do no other than to move up as DA. VOTE MARK SKURKA!!! March 19, 2010 12:07 p.m. Suggest removal Reply to this post cc_born_and_raised writes: in response to csmith12#252012: My family has had the pleasure of working with Anna. Lets just say she did justice for my family and she is an AWESOME attourney. I was very impressed, on how she takes control and protects our children from these low life scums we have out there in our community. Hey people, dont hate because she is hispanic & doing well.. the is great for her, you all need to do the research of her cases and who cares for how long or where she went to school.. GROW UP PEOPLE There's always one in the crowd that has to pull the race card isn't there. People are not ragging on her because she is Hispanic, they are doing it because she became Republican to get the job and lacks experience compared to her competitors for the position. I don't personally know enough about either one of them to pick one over the other at this point. March 19, 2010 4:26 p.m. Suggest removal Reply to this post Seal writes: I just hope Mark Skurka and Bill White both win election in November. March 19, 2010 4:50 p.m. Suggest removal Reply to this post suddenlyic writes: in response to nepdcc#401467: Judge Shamsie is a good judge (doesn't kow-tow to the know-nothings that usually comment here). Judge Banales, a democat has been in office too long and is abusive as a judge. Judge Greenwell, a republican, is a decent and honest judge. Party affiliation is not a good determinant of who is best for this type of office. Ana Jimenez is a smart, honest prosecutor. Skurka is experienced, but appears a bit opportunistic. Most voters have no idea who either of these two are, and many vote along party lines, with little concern or knowledge for qualifications. First of all, Judge Shamsie IS a good judge and a BETTER county judge, Judge Greenwell is "decent" judge and Judge Banales is a great judge. For you to say that he is abusive as a judge is a joke. Your saying that party affliation is not a good determinant of who is best for the job? Quit trying to convince yourself, if you really think that, then why was it so important for Ana Jimenez and Angelica Hernandez to jump ship? You are double talking. Then, you have the nerve to say Skurka is a bit opportunistic-Please!!! last time I checked he wasn't the one who jumped ship under pressure. If Anna could make such a drastic decision because she was under pressure imagine what she will do as DA. Go Skurka March 19, 2010 4:51 p.m. Suggest removal Reply to this post TrueBlue writes: One of the things I didn't see posted is the most important issue of all: salaries for the working trial lawyers. The assistant DA's are paid less than small farming community ADA's. You aren't going to get good government trial lawyers if you pay them nothing. The only high paying lawyer in that office is the DA. Yea, most criminals will be found guilty even with a bad prosecutor because its blatantly obvious they are guilty, but it makes a huge difference when you are prosecuting the smarter, more experienced criminals. Whoever the permanent DA will be wont make much of a difference because his/her biggest problem will be a huge turnover rate due to the commissioners rather giving themselves a pay increase. March 19, 2010 8:41 p.m. Suggest removal Reply to this post txwolf writes: in response to angggarza: Obviously you¬タルre ignorant if you think she is chubby and if you think that her weight has ANYTHING to do with her ability to make Corpus Christi a safer place to live! You judge people by the size of their waistline? The lady is smart and able to do the job. If you can show me a SKINNY lawyer or politico..good luck finding one. I have watched both people argue in court. The are both excellent. Just keep arguing about silly things like political party lines and make the criminals laugh... March 19, 2010 10:20 p.m. Suggest removal Reply to this post NuecesResident writes: in response to TrueBlue: One of the things I didn't see posted is the most important issue of all: salaries for the working trial lawyers. The assistant DA's are paid less than small farming community ADA's. You aren't going to get good government trial lawyers if you pay them nothing. The only high paying lawyer in that office is the DA. Yea, most criminals will be found guilty even with a bad prosecutor because its blatantly obvious they are guilty, but it makes a huge difference when you are prosecuting the smarter, more experienced criminals. Whoever the permanent DA will be wont make much of a difference because his/her biggest problem will be a huge turnover rate due to the commissioners rather giving themselves a pay increase. Dear True Ill-Informed: The last time, go check the minutes, the Commissioners approved raises for themselves was during Peggy Banales tenure and that was somewhere around 4 years ago. The one you should be complaining about having too many pay increases are the divas behind the computers in the courtroom - the court reporters. Most of them make at least $20-30k more per year (and that is just on the county pay - not all their "other" pay) than the ADA's. As for "prosecuting the smarter, more experienced criminals", the ADA goes to battle with the Defense Attorney moreso than the "accused". Many who do work in the DA's office are there because they WANT to make a difference, then there are those who are there collecting a check and not doing a thing (which is par for the course for many in the courthouse). www.caller.com/news/2007/aug/21/county-commissioners-get-25-pay-raise/

Tuesday, April 14, 2009

"mi palabra es la ley": We got too many gangsters doing dirty deeds

"mi palabra es la ley": We got too many gangsters doing dirty deeds

Andrew,

Is there a reason comment contributions placed from the Nickname (required) "Tobacco Road" are not appearing even after 24 hours? How might we remedy this unfortunate situation?

Thank You

Anton Haley

Wednesday, December 17, 2008

Why Is The Corpus Christi Police Department One of the Worst in the State for Excessive Force Complaints? Are We Supposed To Just Relax & Enjoy It?



















Circuit City Conflict
By Myra Arthur/Action 10 News
CORPUS CHRISTI, Texas- Frustrated customer Wayne Blackburn handed out flyers in front Circuit City last Thursday, describing the company's lack of service regarding his TV repair. Store employees called police, who then confronted Blackburn and asked him to leave the property.
"I was just trying to get their attention [Circuit City] because I didn't seem to be able to do that any other way," says Blackburn
Meanwhile, shopper Hank Littrell stood by watching what took place and taking pictures on his cell phone. He claims he was approached by an officer who asked for identification. Littrell refused to hand over his I.D., which was caught on Blackburn's home video camera.
"He says, "What are you doing?" I said, "I'm standing here observing, taking pictures of what's going on," says Littrell. "He says I need to leave. I said "Why? Im just standing here not interferring in any way."
Seconds after the home video camera is shut off, Littrell claims the policeman grabbed his arm, wrapped it his behind his back, and patted him down. Littrell admits that, up until that point, he refused to hand over any identification.
"I certainly resisted when all of the sudden someone is manhandling me and not telling me why."
CCPD officials tell us a by-stander is within their right to take pictures of police involvement, so long as they do not interfere. Littrell plans to file a complaint with CCPD Internal Affairs.
"All of this would not have gone where it did if Circuit City had handled this differently," said Littrell.
Wayne Blackburn was issued a criminal trespass warning for Circuit City and Moore Plaza. The company has still not contacted Blackburn about the pending repair to his television. His warranty expires December 16th.
"You have to, at some point, stand up for your rights," Blackburn said. "All I wanted was someone to listen to me and try to help me out."
4:00 p.m. CDT, December 16, 2008







Send us your stories, photos, or video that shows the world the lack of professionalism some members of the CCPD have.

- News -
The lack of statistical comparison notwithstanding, Corpus Christi police say their excessive force complaints are few.
Christopher Gale, a San Antonio lawyer known throughout the state for representing people with excessive force complaints, says otherwise. He claims it's one of the worst in the state for excessive force complaints.
"It's not just a couple of bad seeds. It's a pervasive attitude that you can get away with it, where they feel like they're above it and right now I think they are," Gale said. "I probably get three calls a day regarding complaints about CCPD."

--
Posted By The Advocate to Corpus Christi Caller Times





Corpus Christi Caller Times: Corpus Christi police one of the worst in the s...


UPDATE CCPD ANOTHER CASE OF EXCESSIVE FORCE

Tasered Suspect Claims Police Brutality
Updated: Dec 16, 2008 11:14 PM



CORPUS CHRISTI - A Navy Corpsman was arrested and tasered for fleeing from police, and now the Corpusman is claiming he was the victim of excessive force and brutality.
A Navy Corpsman had been rushing home to get his fiance her emergency asthma medicines when police tried to pull him over. Police said he violated some traffic laws and refused to pull over.
However, the couple said the department owes them an apology and they have hired a lawyer.
"Her breathing became worse and I panicked," Nicholas Lowry, 26, said.
Lowry's fiance began having an asthma attack and he rushed to get her home Saturday night.
The police report indicated the officer started following the couple as soon as they sped right through the intersection of Baldwin and Ayers.
Lowry drove several blocks before stopping in his own driveway.
"I parked the car, turned the vehicle off, leaned over the window and I tried to tell the officer 'I'm sorry this is a medical emergency'," Lowry said.
However, before he could explain, Lowry said he was tasered, while sitting in his truck. He fell to the ground and was tasered again.
Lowry said things only escalated when Officer W. Hobbs criticized Lowry's service as a Navy Corpsman.
"Then, we walked in[to the jail] and he slammed me into a concrete wall. While taking me in, he laughed in my ear and said I'm gonna throw you in the cell with all the f-----, so they can rape you," Lowry said, of what Hobb's allegedly said.
Lowry's fiance took pictures of how officers scattered his military honors about while searching their truck.
Police said Lowry was already in the process of being cuffed when he tried to elbow the officer and a taser was authorized.
JK: IMHO The sentence below indicates the sentence above is untrue.
They also added that the bottom line was that it is a felony if a driver doesn't pull over for a cop.
"If this gentleman had pulled over, like he's required to do under the law, an ambulance could have been summoned or the officer could have escorted them to the hospital," CCPD Captain Todd Green said.
However, Lowry and his fiance said the behavior from the police was unacceptable .
"I think they should train their people. I felt like a criminal and we didn't do anything wrong," Nicki Redding, Lowry's fiance, said.
"It would be nice for someone to tell the truth and apologize," Lowry stated. "As far as the incident, I've forgiven the officer, I just want these kind of things to stop."
Police said the couple can file a complaint through their Internal Affairs Division and the arresting officer would be investigated.
Also, it's hard to validate that kind of situation because police said there was no dash cam video or recordings of the incident.
The couple is now talking with their lawyer and deciding what legal action they might pursue.
Online Reporter: Lauren Williamson


Sunday, November 23, 2008

CCPD Chief Bryan Smith Using The Internal Affairs Division as Personal Rogue Detective Agency in an Attempt to Keep Illicit Criminal Acts Secreted


CCPD Chief Bryan Smith using the Internal Affairs Division as personal rogue detective agency in an attempt to protect the Chief and cronies and to keep illicit criminal acts secreted.

COMMANDER DAVID TORRES SUES CHIEF OF POLICE

















EL DEFENZOR HAS OBTAINED A COPY OF THE LAWSUIT THAT IS ROCKING THE POLICE DEPARTMENT, THE CITY AND OUR CITIZENS OF SOUTH TEXAS.

READ ON FANS OF EL DEFENZOR:





Cause No. _____________

DAVID TORRES § IN THE COUNTY COURT
§
v. § AT LAW NUMBER______
§
BRYAN SMITH, CITY OF §
CORPUS CHRISTI § NUECES COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION FOR A PERMANENT INJUNCTION, REQUEST FOR PRODUCTION & REQUEST FOR DISCLOSURE

A. Discovery-Control Plan
1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3
B. Parties
2. Plaintiff David Torres is a resident of Nueces County, Texas
3. Defendant Bryan Smith, individual, is a resident of Nueces County, Texas and may be served with process at 321 John Sartain St., Corpus Christi, Texas 78401.
4. Defendant City of Corpus Christi is a municipal corporation and a political subdivision of the State of Texas, who may be served by serving its acting City Manager Angel Escobar at 1201 Leopard St., Corpus Christi, Texas 78401
C. Jurisdiction
5. The individual parties to this lawsuit are residents of Nueces County, Texas. The municipality herein is located in Nueces County, Texas.
D. Venue
6. All matters alleged herein occurred in Nueces County, Texas.


E. Facts
7.1 On or about May of 2007, Assistant District Attorney Jack Pulcher informed Plaintiff that a police officer had purchased a vehicle from the police impound lot. Jack Pulcher again retold the same story to Plaintiff David Torres and Detective Gilbert Garcia. As a result of that information, Plaintiff specifically informed Assistant Chief Kenneth Bung of the allegations that officers were purchasing vehicles from the impound lot for their own personal gain. During that meeting, Assistant Chief Kenneth Bung did not tell Plaintiff that he was already aware of the situation or that he knew that the former Chief of Police Pete Alvarez had allegedly acquiesced to this activity by police officers by doing nothing about it. The investigation revealed that Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were persons involved in inappropriately and illegally purchasing vehicles from the police impound lot. Assistant Chief Kenneth Bung, Commander John Moseley and Commander Mike Walsh never informed Plaintiff that they had been aware of this illegal activity since 2004 and had done nothing to stop it.
7.2 Plaintiff David Torres had uncovered and reported a situation that could prove embarrassing and inexcusable for the police department. This investigation would definitely have a detrimental effect on the career of Police Chief Bryan Smith. Commander John Moseley, Commander Mike Walsh, Assistant Chief Kenneth Bung and Police Chief Bryan Smith never informed Plaintiff that they were aware of the illegal activity at the impound lot by these police officers. In fact, Plaintiff and Detective Gilbert Garcia informed Assistant Chief Bung that Ronnie Berglund, the Impound Supervisor, told Plaintiff and Detective Garcia that he and his supervisor, Aaron Rios, had previously notified the police administration about Captain Jerry Vesely’s actions in buying multiple cars from the impound yard. In order to avoid any semblance of complicity in criminal conduct by the Corpus Christi Police Department, Chief of Police Bryan P. Smith began his conspiracy to frame Plaintiff by making him a “suspect” in this vehicle impound matter. Plaintiff was interviewed by Internal Affairs on August 17, 2007 and again on November 27, 2007. The interview focused on fabricated allegations by Captain Jerry Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso that Plaintiff (1) knew of police officers purchasing vehicles from the police impound lot and (2) never indicated that the practice was inappropriate or illegal. In addition, Assistant District Attorney Jack Pulcher participated in this conspiracy and provided a false statement to Internal Affairs that he never informed Plaintiff of any wrongdoing at the police impound lot. At no time during the questioning of Plaintiff David Torres did Assistant Chief Kenneth Bung, Commander John Moseley, Commander Mike Walsh or Chief Bryan Smith inform anyone that they had been aware of this criminal activity at the police department since 2004.
7.3 On April 22, 2008 Senior Officer Larry Serna at the direction of Defendant Bryan Smith conducted a polygraph examination of Plaintiff. According to Senior Officer Larry Serna, the polygraph examination of Plaintiff allegedly resulted in a finding of “Deception Indicated” regarding three (3) areas of inquiry – (1) Did Plaintiff have knowledge that police officers were purchasing vehicles through the police impound lot prior to May 16, 2007; (2) Was Plaintiff being truthful to Internal Affairs during Plaintiff’s two interviews; and (3) Did Plaintiff have knowledge that Captain Jerry Vesely had purchased a vehicle through the police impound lot prior to May 16, 2007. Plaintiff demanded a second polygraph from Chief of Police Bryan P. Smith, especially since the examination revealed “No Deception Indicated” regarding Plaintiff’s assertion that he initially received the police vehicle impound information from Assistant District Attorney Jack Pulcher. Although the findings were blatantly inconsistent and in all probability fabricated, Chief of Police Bryan P. Smith nevertheless denied Plaintiff’s request to allow a second polygraph examination or to review the results. In addition, Defendant City of Corpus Christi has to date refused to provide Plaintiff with the polygraph test and results so that he can review and test the polygraph examination for accuracy and intentional false readings. Plaintiff David Torres contends that the polygraph was used in a malicious attempt to falsely transfer criminal guilt from certain members of the Corpus Christi Police Department to Plaintiff David Torres. High command staff of the Corpus Christi Police Department’s administration knew that this criminal conduct at the impound lot had been occurring since 2004.
7.4 On April 23, 2008, Chief of Police Bryan P. Smith issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment, stating in part, that “Honesty and integrity are paramount in the law enforcement profession.” This contemplated Letter of Termination was essentially based on statements made by persons who committed criminal acts and on a tainted and predetermined polygraph examination designed to make Plaintiff David Torres the scapegoat. In addition, the Internal Affairs’ file did not contain any interviews of vital witnesses that would prove that Assistant District Attorney Jack Pulcher, Captain Jay Vesley, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were not being truthful. It was patently obvious that the investigation by Chief of Police Bryan P. Smith and Internal Affairs was specifically intended to culminate in a predetermined and pernicious conclusion – To frame and falsely accuse Plaintiff of the criminal conduct and shift the guilt from the true criminal perpetrators to Plaintiff. Defendant Smith’s intent was to also quiet the Plaintiff. At no time did Chief Bryan Smith inform Plaintiff David Torres of his complicity with members of his administrative staff. Engaging in criminal conduct and using the police department for one’s personal illicit gain is outside the course and scope of Defendant Bryan Smith’s employment. As such, Defendant Bryan Smith at all times herein acted individually and outside the scope of his authority as Chief of Police for the City of Corpus Christi.
7.5 On April 25, 2008, Plaintiff and Corpus Christi Police Officers Association President Domingo Ybarra met with Chief of Police Bryan P. Smith. Initially, Chief of Police Bryan P. Smith offered Plaintiff “alternate disciplinary punishment”. This essentially would have placed Plaintiff on probation and at the mercy of the Chief of Police. “Alternative disciplinary punishment” means that the Chief of Police would place Plaintiff on probation, and the Chief of Police would have the authority to unilaterally decide when Plaintiff committed any infraction, subjecting Plaintiff to immediate termination without any right to an appeal or grievance process. Plaintiff refused the offer. Chief of Police Bryan P. Smith then gave Plaintiff the option to retire in lieu of termination. Plaintiff again refused the offer. At this point, Plaintiff told Defendant Bryan Smith, in the presence of CCPOA President, Domingo Ybarra, that Assistant Chief Kenneth Bung had committed several illegal acts and engaged in major violations of the Rules Manual. Defendant Smith stated that he did not want to do anything to Assistant Chief Bung because he was going to retire in August of 2008.
7.6 Since Plaintiff did not retire as expected and told Defendant Smith that he would have to terminate Plaintiff’s employment, Chief of Police Bryan P. Smith immediately gave Plaintiff a letter stating that he was demoted to Captain and was to immediately report to Commander J. V. Garcia for patrol duty. He also gave Plaintiff another letter stating that Plaintiff was suspended for two hundred forty (240) hours. Plaintiff signed the demotion and suspension letters, indicating receipt of the disciplinary punishment documents, in the presence of Corpus Christi Police Officers Association President Domingo Ybarra. As Plaintiff was about to leave the office, Chief of Police Bryan P. Smith pulled the disciplinary documents from Plaintiff’s hands and told Plaintiff that he had to discuss this situation with City “legal”. Plaintiff was told to return to the Chief’s office some time later in the afternoon. After allegedly meeting with “legal”, Chief of Police Bryan P. Smith returned to give Plaintiff a Letter of Reprimand. The letter did not mention the results of the polygraph examination nor Plaintiff having any prior knowledge of police officers purchasing vehicles from the police impound lot. Instead, Plaintiff was reprimanded because the criminal investigation of Senior Officer Martin Jasso “indicates that the level of said investigation was well below what I would consider an acceptable standard”, indicating “a lack of investigative integrity and attempts to make said investigation culminate in a predetermined conclusion.” In other words, Plaintiff David Torres was essentially accused of criminal conduct, i.e., tampering with evidence and conducting a criminal investigation to achieve false results. Defendant Bryan Smith knew that Plaintiff, Detective Gilbert Garcia, Captain John Houston and Lieutenant Raymond Lara had previously met with District Attorney Carlos Valdez to discuss the “impound lot” investigation and findings. Mr. Valdez informed them that it was a good case for prosecution but the statute of limitations had expired. In other words, this matter began in 2004 and no one in the Corpus Christi Police Department Command Staff with knowledge of the events presented the case to the District Attorney for prosecution within the statute of limitations. It was now too late.
7.7 At all times herein, Defendant Bryan Smith acted individually and outside the course and scope of his employment with the City of Corpus Christi, trying to protect himself and his job. Defendant Bryan Smith in concert with others in his administration engaged in contemptible conduct designed to destroy and ruin the career of an innocent policeman by falsely accusing Plaintiff David Torres of criminal conduct in order to conceal their own criminal activity and to “save their own hide” from possible criminal prosecution.
7.8 Prior to May of 2008, Plaintiff requested that the police department investigate several instances of wrongful conduct being perpetrated by various members of the department. Peter G. Merkl, Assistant City Attorney sent a letter dated May 14, 2008 to the undersigned counsel in which he assured Plaintiff that the allegations would be investigated by the Internal Investigation Division. No such investigation ever occurred. Instead, Chief Bryan Smith used the Internal Affairs Division for his personal use and began to essentially investigate every aspect of Plaintiff David Torres’ life in order to justify his nefarious plan to shift criminal culpability away from him and his cronies towards an innocent party with no regard to decency, honor or conscience.
7.9 After May 15, 2008, Defendant Bryan Smith made Plaintiff a criminal suspect in an alleged corruption case investigation. In fact, internal affairs and Defendant Bryan Smith contacted the Texas Ranger’s office to seek criminal charges against Plaintiff. It was determined that the allegations were unfounded and had no merit.
7.10 Defendant Bryan Smith also sent an internal affairs officer, Ruben Vela, to interview a Chief of Police from another city in an attempt to gather inculpatory information against the Plaintiff regarding an issue that Plaintiff had no involvement or participation in. It was determined that the allegations were unfounded and had no merit.
7.11 Internal Affairs investigators were also sent to the Child Advocacy Center to investigate alleged inappropriate conduct by Plaintiff relating to a civilian board dispute. The allegations were determined to be unfounded.
7.12 Defendant Bryan Smith also sent Internal Affairs investigators to interview a Corpus Christi police officer regarding a sexual harassment complaint to determine if the Plaintiff was involved in any manner with this allegation. The allegations were determined to be unfounded.
7.13 Defendant Bryan Smith also intentionally did not present material evidence and vital witnesses before the Jerry Vesely Arbitration hearing in order to predetermine the outcome, i.e., reinstatement of Jerry Vesely. Specifically, Captain Vesely, prior to his termination, had ordered three officers to make false statements in an affidavit in order to justify the seizure of a vehicle. Ultimately, one officer complied with the order and signed an affidavit containing false information which justified the seizure of a citizen’s vehicle. This vehicle was eventually released to the rightful owner with no impound fees assessed against the owner. Five police officers had made themselves available for the arbitration hearing to testify about Captain Vesely’s inappropriate and illegal conduct regarding this false affidavit. Lieutenant Jason Brady also presented an investigative packet to internal affairs regarding Jerry Vesely’s actions in attempting to force police officers to file false reports. In addition, Captain John Houston also forwarded a similar investigative packet from the Criminal Investigations Division to Internal Affairs regarding Jerry Vesely ordering police officers to sign false affidavits to justify the seizure of a vehicle. Defendant Smith did not include this matter in Jerry Vesely’s Notice of Termination and never requested the presence of any of these officers at the arbitration hearing for testimony. In addition, Plaintiff was the commanding officer in charge of the Vesely impound investigation. Although Plaintiff had specifically contacted City legal to make himself available for the arbitration hearing, he was never contacted to testify at the arbitration hearing. Jerry Vesely was reinstated with back pay. Captain Jerry Vesely is now a supervisor in the Corpus Christi Police Department proudly wearing a badge and carrying a gun.
7.14 Defendant Bryan Smith did all of the above in his individual capacity in a concerted attempt to frame and bring false charges against the Plaintiff, using the Internal Affairs Division as his personal rogue detective agency in an attempt to falsely accuse Plaintiff of criminal conduct and to forever destroy Plaintiff’s career in order to protect Defendant Bryan Smith and his cronies and to keep these illicit criminal acts secreted.
7.15 There is no question that Defendant Bryan Smith engaged in this conduct to personally protect himself. Defendant Bryan Smith attempted to garner positive media publicity by publically proposing marriage to a female on April 15, 2007. (C.C. Caller-Times: Chief steals no bases, just her heart) Unfortunately, this media honeymoon abruptly ended in less than a week. Defendant Bryan Smith was accused of rape by his former girlfriend, and media frenzy ensued. (C.C. Caller-Times: DA: Woman accuses police chief of rape; Woman who accused police chief has attorney; Incident report involving police chief released; City hangs on to reports in allegations against chief; Report: Smith texted woman; Smith inquiry being delayed) In May of 2007, the same month that the Plaintiff brought this impound lot scandal to the attention of Assistant Chief Kenneth Bung, the alleged rape case was set to go to the grand jury for indictment. (C.C. Caller-Times: Smith case goes to grand jury on May 25; Jurors to hear Smith case on May 25; Carlos Valdez is right to expedite the Smith case; Valdez, Ranger discuss evidence; Grand jury meets Friday in sexual assault case against police chief; Smith’s accuser arrives at grand jury hearing) During this period, Bryan Smith was forced to hire an attorney to represent him and was forced to admit to his fiancé that he had strayed from their relationship. (C.C. Caller-Times: Smith denies sexual assault: Texas Rangers Investigate) Defendant Bryan Smith’s entire life was now under public scrutiny. (C.C. Caller-Times: No indictment for police chief; No indictment) Also in May of 2007, the Police Officer’s Association decided to back Skip Noe in his decision regarding Bryan Smith’s future. (C.C. Caller-Times: City’s police association backs Noe in Smith case) In June of 2007, the local newspaper reported that Bryan Smith now faced his greatest challenge which was to try and regain some credibility with the community and his department after the grand jury decided to “no bill” the rape charge. (C.C. Caller-Times: Police chief takes on his greatest challenge)
7.16 In July of 2007, a former employee reported to the local media that the Corpus Christi Police Department was backlogged by over five thousand (5,000) police reports not being entered into the system. (C.C. Caller-Times: Ex-police lieutenant points out backlog of reports) The former employee indicated that it was a four month backlog. Again, Bryan Smith found himself under scrutiny answering questions about his failed leadership. Bryan Smith did admit to the backlog and attempted to diffuse this adverse publicity by providing veiled excuses.
7.17 In August of 2007, Bryan Smith found himself again in the media unable to shake the accusation of rape. With numerous people and agencies making open records requests to the Texas Department of Public Safety for the rape reports and investigation, Bryan Smith again hired an attorney to try to keep them concealed. In August of 2007, however, the Attorney General ruled that the public interest in determining the credibility of its police chief far outweighed any privacy issues and ordered the rape investigation and reports be made public. (C.C. Caller-Times: AG: Rangers must give chief’s accuser info) It is during August that the first internal affairs interview occurred with the Plaintiff – now a suspect to alleged criminal conduct regarding the impound lot matter.
7.18 In November of 2007, the Chief came out publicly stating that the officers had abused their power in purchasing vehicles from the impound lot - but did not mention that the information had come from and was brought to light by the Plaintiff and that this practice had been going on for years. (C.C. Caller-Times: Police captain put on paid leave in probe of impound lot practices) In November, Plaintiff was again brought before Internal Affairs for questioning regarding the impound lot investigation.
7.19 In December of 2007, the Chief of Police found himself defending the department regarding a man in custody that died after being pepper sprayed by his officers. (C.C. Caller-Times: Man dies in police custody) These officers were put on paid administrative leave pending an investigation. Also in December, the newspaper printed an article advising the public that there would be a vote to determine whether a majority of the Corpus Christi Police Officer’s Association members still had confidence in Bryan Smith and other head administrators. (C.C. Caller-Times: Police group to take confidence votes) The vote was to occur in January of 2008. (C.C. Caller-Times: Local police union tallies election results) At the end of December 2007, Bryan Smith issued a memorandum making it a violation of policy for police officers or police department employees to purchase anything at auction or from the impound lot. (C.C. Caller-Times: No employee purchases of city property or seized items.)
7.20 In January of 2008 and in a very public vote, the Corpus Christi Police Officer’s Association issued a “no confidence” vote in Bryan Smith. (C.C. Caller-Times: Officers group counts no confidence ballots) Bryan Smith remained in public scrutiny.
7.21 In January of 2008, the police department suffered a devastating loss of one its officers in a car wreck. It was later determined that the officer was not using his safety belt. The Chief of Police had to again answer questions about why his own officers, despite warning, were not using their safety belts while driving their police units. (C.C. Caller-Times: Report: Officer did not buckle up)
7.22 In March of 2008, the media again reported on major deficiencies in the police department, reporting that Detective Michael Hess was being placed on leave for hindering prosecution of a defendant. (C.C. Caller-Times: 2 police employees on paid suspension) And then in April of 2008 information surfaced that a long time clerk of the police department had managed to embezzle over fifty thousand dollars from payroll at the expense of taxpayers. (C.C. Caller-Times: Payroll clerk in inquiry resigns) In April of 2008, Defendant Smith ordered a polygraph examination of Plaintiff regarding the impound investigation and subsequently issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment.
7.23 As a result of this adverse publicity, Defendant Bryan Smith did everything he could to silence the Plaintiff and shift culpability to someone other than himself and his command staff. His personal life was also under constant scrutiny during this period. Defendant Bryan Smith’s whole life was crashing down around him, and he knew that he couldn’t afford one more embarrassing scandal. Defendant Smith could not afford the public knowing that he and high ranking members of the police department had known about this blatant “abuse of power” and chose to do nothing to stop this criminal activity. Since Defendant Smith had everything to lose, he engaged in an illicit and concerted attempt to frame the Plaintiff by unscrupulously falsely accusing him of criminal conduct, without regard to the innocence of a decent and honest “cop”.
G. Intentional Infliction of Emotion Distress
8.1 Defendant Bryan Smith’s conduct in attacking the Plaintiff personally, lying about his involvement in this impound scandal, threatening termination and all of the other behaviors described above was intentional and reckless. Furthermore, it was extreme and outrageous conduct. Defendant Bryan Smith’s conduct proximately caused severe emotional distress to the Plaintiff and the severe emotional distress cannot be remedied by any other cause of action. The Plaintiff suffered humiliation, scrutiny among his peers, had to undergo a polygraph which was fixed, had to have his personal life scrutinized for reporting a crime at the wrong time in Bryan Smith’s life. Plaintiff further contends that Defendant Bryan Smith acted with malice.


H. Permanent Injunction
9.1 The Plaintiff requests that after a trial on the merits, the Court issue a permanent injunction to prevent Bryan Smith from using his position to further his own personal agenda and to refrain from using his position to further his personal vendettas. In addition, Plaintiff requests that there is no adequate legal remedy if the court does not issue this permanent injunction as the amount and degree of damage Defendant Bryan Smith and the City of Corpus Christi could do to the Plaintiff, and countless others, is immeasurable by any standard. The acts being committed by Bryan Smith and the City of Corpus Christi are prejudicial to the Plaintiff. There is a probable right to recover on the intentional infliction of emotional distress claim and a clear right to this injunction. Without an injunction, the Plaintiff will suffer a probable injury and that harm is imminent, the injury would be irreparable, and there is no other legal adequate remedy at law.
I. Conclusion
10.1 The ability of people to use their position to further their own personal agenda is a very real consequence of having a “title.” The Plaintiff was moving information up the chain of command as he was supposed to when Defendant Bryan Smith decided that his personal reputation could not endure another scandal and decided to silence him. Defendant Bryan Smith was on the verge of losing everything in his personal life…his job, his fiancé, his credibility, his reputation and his dignity. He viciously lashed out at the Plaintiff in an offensive and malicious attempt to destroy the career and reputation of an innocent police officer and human being.
J. Attorney’s Fees
10.2 Attorney fees. Plaintiff is entitled to recover reasonable and necessary attorney fees that are equitable.

G. Jury Demand
11. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
H. Conditions Precedent
12. All conditions precedent to Plaintiff’s claim for relief have been performed or have occurred
I. Request for Disclosure
13. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose, within 50 days of the service of this request, the information or material described in Rule 194.2.
J. Request for Production
14. Under Texas Rule of Civil Procedure 196.2(a), Defendants are requested to respond to Request for Production attached herein within fifty (50) days of the service of this request.
K. Prayer
15. For these reasons, plaintiff asks that defendant be cited to appear and answer and that the court issue a permanent injunction preventing Bryan Smith from using his position to further his personal agenda and his personal vendettas and the City of Corpus Christi from encouraging, participating in conduct and authorizing its employees at the Corpus Christi Police Department from using their position to further personal vendettas to Plaintiff’s detriment. In addition, Plaintiff asks for the following damages:
a. Actual damages;
b. Unliquidated damages;
c. Exemplary damages;
b. Prejudgment and postjudgment interest;
c. Court costs;
d. Attorney fees; and
e. All other relief to which Plaintiff is entitled both in law and in equity.
Respectfully submitted,

LAW OFFICE OF RENÉ RODRIGUEZ
433 South Tancahua
Corpus Christi, Texas 78401
TELEPHONE: (361) 882-1919
FACSIMILE: (361) 882-2042

Saturday, November 22, 2008

But of Course Elwood Without You On Board This Endeavor Is Inconcievable



What we really need here in C.C. is somebody to "kick @$$ on the goliaths in this town"..somebody who advocates for the "engagement of the average citizen in the formulation of public policy"..somebody who's not afraid to take on the KFATSOs,the Christus Spohns,somebody who's "In the Know" to watch over WATT these "Corpus Christi Country Club Golf Course high powered members who control our nation's economy" are up to.A tireless crimefighter,who along with his trusty,song lyric posting sidekick,can bring hope to the hopeless,truth to the decieved and..uhhh..advocatedness to the advocateless,and do it all while citing phrases in Latin that strike fear in the hearts of miscreants and ne'er do wells everywhere.

...if only such a dynamic duo existed...

Sunday, November 16, 2008

Corpus Christi police one of the worst in the state for excessive force complaints.


Send us your stories, photos, or video that shows the world the lack of professionalism some members of the CCPD have.

- News -
The lack of statistical comparison notwithstanding, Corpus Christi police say their excessive force complaints are few.
Christopher Gale, a San Antonio lawyer known throughout the state for representing people with excessive force complaints, says otherwise. He claims it's one of the worst in the state for excessive force complaints.
"It's not just a couple of bad seeds. It's a pervasive attitude that you can get away with it, where they feel like they're above it and right now I think they are," Gale said. "I probably get three calls a day regarding complaints about CCPD."