Part of this post is what John Doe and his mother told me. I believe it to be accurate based on what I actually saw. What I saw was Sorola had left the courtroom and the ADA was working directly with John Doe.
It was a mere status hearing, so I was not concerned if I could not be there. Now had it been Gabriela Garcia's court I could have canceled the emergency appointment with my otolaryngologist neurologist.
At the end I will give you my medical update.
The morning status hearings take way too long. In Dallas I would go without my clients and sometimes get multiple settings from court to court. The criminal case would have to be a year old before it was mandatory you see the judge. Otherwise the DA and I would agree to a reasonable reset date. I would walk out of one court with as many as 5 resets. My clients never had to show. I have no idea why in Cameron county they make such a big show of it.
I am told Sorola did not even show until after 10. That is fair because maybe he had a status hearing in another court. I never let this happen to me. I would look at my week's schedule and choose a different court each day and get my new settings before the actual set date.
ANYWAY- WHAT HAPPENED?
I was on my way, and just before I got there Judge Chavez-Vasquez called the case. John Doe stood up and announced his appearance. Sorola then started to effectively attack his client saying I was forcing him to file needless recusals. They are not needless. In terms of Judge Garcia the reporter's record show she is working with Sorola to destroy John Doe. In terms of Judge Bañales the record clearly shows he lied in the order setting hearing when he accused John Doe of sending him improper emails.
The problem is Judge Bañales emailed John Doe a request with possible dates for the Motion to Recuse. John Doe responded. while noting he was copying the ADA Javier Lozano, so there would be no claim of ex parte. He also asked for Bañales order of appointment. Bañales responded by providing John Doe with his order of assignment.
So the question is, how did Bañales know to send the order of assignment if he never opened the email? Further if he never opened the email how would he know if they were improper?
Here is a standard rule when providing a visiting judge a case summary. We did this all of the time Dallas. Visiting judges would ask for the attorneys to send case summaries before the hearing. The key was to make sure opposing counsel received a copy, and the summary began, the summary is not evidence.
Also if you have a briefing practice, not happening in Cameron County, the brief will summarize the facts of the case, which still need to be proven in court. Judge Bañales claim this was inappropriate goes against practice. But again if Bañales never read the email, how would he know the contents?
THE FRACTURE IN THE ENTIRE MESS
When Louis Sorola began to address the court he was bad mouthing me, the family advocate. It was done to bias the court and is unethical. BUT JOHN DOE INTERVENED AND SAID "Sorola is not my attorney and he did not know why he was allowed to speak."
Judge Chavez-Vasquez then turned to John Doe and asked him to speak for himself. Sorola left the courtroom.
This is when I got there, and John Doe was working with the ADA to get a copy of the status hearing order. Sorola had left the courtroom after the judge gave the floor to John Doe.
I HAVE MY HEARING BACK
My new VA doctor is just amazing in terms of advocating for me. He got me an emergency appointment on less than 24 hours. The community care department got the paperwork to the doctor on an emergency basis. There really is no ER care for my situation .
When I got there I could not hear a thing. The other patients would have to tell me when I was being called.
So, I am a bit concerned because I am told upfront there is nothing they can do for the pain. My VA doctor will have to decide that issue.
But I got my hearing back. He pierced the right eardrum once, and the left eardrum twice. After each piercing he used a sucking device to pull all the fluid behind the eardrum. He just numbed the eardrum with a topical and the did the piercing. Zero pain. He showed me the tube filled with what he believed to be allergy induced fluid. The danger is when it shows to be on the inner ear bone.
When he did the left ear, all of this sound rushed in. The next step is an emergency MRI to determine the source of the pain. He has a theory which I feel good is correct.
The VA will not do an MRI on me because they are not trained in the settings when the patient has a brain shunt and spinal stimulator. DHR staff are fully trained. I am told a request to get it done by Friday has been made. The VA immediately approved the MRI. Today I should know for when it is scheduled. It could be at 3 a.m. at DHR in Edinburg.
I am awake because nothing will kill the pain. The medicine to help me sleep did not work. I took all the medicines at 11 p.m., and as I type I am feeling a lessoning of the pain. Maybe enough to sleep. So, I will close this out.
A LESSON: Unless you know for sure the specialist you are going to is top shelf, do not choose a one-person clinic. My gastrointestinal surgeon in Brownsville is basically a one-person clinic, but I know he is top of the line.
I was supposed to see an ENT surgeon. He was stuck oversees having a flight problem. In their team there are different type ENT doctors and related specialist. My doctor called to consult with anyone who could handle my ear issue. During the consult the CT was shared with all medical notes. It was decided I should start with the otolaryngology neurologist. He was very good.
I use a neurology clinic in SA. There are multiple doctors with different sub-specialties. I use two of them. I have a brain and spinal surgeon I see annually.
The pulmonary clinic in SA is the same. They have subspecialties.
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