THE EVOLUTION OF THE JOHN DOE CASE
John Doe, his sister and mother all rented separate units at Casita Lantana, which is owned by CDCB. The mother was last to move in. She was the first tenant to live in the new unit. Upon opening the door, the unit was flooded with raw sewage.
They refused to give her a new unit. For 20 days she was homeless. She was forced to pay the electric bill for the time of the repairs. I have the BHA report the unit was not habitable. The report says they did not inspect the AC ducts for sewage because they did not have the equipment to do so. We have pictures of the raw sewage running into the ducts on the second floor.
The new tenants have no idea there is raw dry sewage in the AC ducts. Mayor John Cowen is aware of the report and responded he had convivence if the BHA to follow the law. John Cowen has no interest in the law.
After CDCB refused to refund John Doe's mother her 20 days of rent, the cost of the electric bill, and BHA payment for their part, I investigated. This made no sense.
The day I took the three to complete their application there was a tenant outside angry that she had waited more than one day for a plumber to address a flooding problem in her unit. She was still waiting, with no management in view.
So, I discovered Cyndi Hinojosa accepted a campaign donation from a plumbing entity, at the same time as she was a board member of CDCB. She was awarding plumbing contracts, while taking donations for her campaign. This is based on the information on the web page as to who was on the board.
I reported it. Gilberto Hinojosa was pissed.
I also reported that the property was not listed with the Cameron County Appraisal District and no taxes were being paid. I also noted the director of the non-profit overseeing CDCB is also the director over the for-profit bank which loans them money. He has one phone, and one office for both entities. The state is investigating.
So fast forward, after John Doe's family reported gun shots coming from the adjoining residential neighborhood, at a later date someone called the sheriff's department.
There was an eyewitness John Doe was outside with no gun. He was picking up cigarette butts. He was arrested. The magistrate judge dismissed the charges. There was no probable cause, or evidence.
But Gilbert Hinojosa has a score to settle.
So now Trey Martinez brings an eviction proceeding with zero knowledge of the law. There are specific federal regulations concerning the eviction of someone on Section 8 Housing. There were no criminal charges. Only after Trey Martinez and Jesus Garcia totally messed up the case for eviction did Saenz bring criminal charges.
ENTER LINDA SALAZAR AND HER GIFTS TO THE JURY POOL- AND ILLEGAL TRANSFER OF THE CASE TO JESUS "CHUY" GARCIA
JUDGE LINDA SALAZAR HAD TO REMOVE HERSELF FROM THE CASE AFTER I OBJECTED TO HER GIVING THE JURY POOL GIFTS AFTER WE SELECTED A JURY
Linda Salazar is so inept she believes campaigning for reelection during the trial is acceptable. It is not. So, she removed herself from the case and illegally gave it to Chuy Garcia.
I have the entire file on the case. There is zero compliance with the law in terms of a JP transferring a case to another JP.
The law is very clear. Once Salazar removed herself, she was required to give the case to JP 2-2, which was Cyndi Hinojosa. if Cyndi refused the case, she was supposed to give it to Mary Ester Sorola. Then if Sorola refused the case she was to give it to JP 1, of JP 3.
There must be a record of this. There is not. This is one of two reasons Chuy Garcia had no authority in the case.
Chuy Garcia, Mary Ester Sorola and Cyndi Hinojosa are all a team in their effort to destroy an innocent disabled young man.
Cyndi Hinojosa, Mary Ester Sorola, and Linda Salazar were all a party to ensure Chuy Garcia could do Gilberto Hinojosa's dirty work in exchange for Gilbert's support for a district courtship.
Chuy needs to understand since he had no legal authority to oversee the eviction case, he has no immunity.
THERE IS THE LAW
All of the following is before the court of appeals. Chuy is either incredibility incompetent or just waiting for orders from Gilberto Hinojosa.
This is a section 8 housing case. The procedural process is governed by state law, but the substantive law as to eviction if governed by federal regulations.
Trey Martinez who simply wings it in court and appears to have no understanding of the law, failed to allege a basis for eviction under the federal regulations. Without such a claim the JP court had no authority in the case. This did not matter to Chuy Garcia.
This is a question of subject matter, which means the trial court has no authority in the case. You cannot waive subject matter jurisdiction. This is basic law. Trey Martinez is claiming you can waive subject matter jurisdiction.
So, as we get ready to choose a second jury, John Doe takes my advice and moves out within days before the next month rent was do. He moved out. Once he moved out, all judge Chuy Garcia was allowed to do is dismiss the case as moot. He refused.
Not only did he refuse he signed an order banning John Doe from suing Come Dream Come Build, or the management company. This means he will be named with them in the civil conspiracy. He cannot be that incompetent. But he wants the full support of Gilberto Hinojosa and his cronies. Everyone who gives Chuy money for his district court campaign will be called out as part of the corruption.
The JP court is not a court of record. Once you appeal the case to the county court at law it is a trial de novo. It is as if the JP case never happened. The purpose of the appeal was to void the illegal order by Chuy Garcia. I will be watching for donations to Chuy's campaign from the beneficiaries of Chuy's illegal order.
Trey Martinez has thrown Chuy under the bus by insisting matters agreed to are enforceable. This is interfering with John Doe's ability to visit his mother. Chuy has no immunity for his actions, since he was never legally a judge in the case.
The visiting judge decided even though there was no petition for eviction he would still issue orders other than dismissed as moot.
That along with the fact on the record he overruled federal law in terms of me speaking for John Doe. Not only did he overrule federal law, but he also claimed the right to speak for John Doe.
The ADA violation and is before the court of appeals. Judeg Gabby Garcia and Louis Sorola know this but refuse to wait for a ruling and continue to violate federal law. They have no choice because once the ADA is enforced, they both are looking at federal prison time.
The court of appeals has also agreed to hear whether or not Trey Martinez and Come Dream Come Build should have to pay $20,000 in quantum merit. It is not complex, Trey Martinez since day one knew he had no case, and pursued it anyway.
Trey Martinez cannot possibly be as ignorant as he says. In law there is a thing known as Rule 11. Rule 11 agreements by the plain language of the Rule says it can only be used in courts of record. JP courts are not courts of records.
Judges like Jesus Chuy Garcia have to corrupt the law because lawyers like Trey Martinez cannot win without a corrupt judge.
JOHN COWEN IS PART OF THIS
The BHA had a duty to protect John Doe from a bad-faith eviction. They did not. they will be part of a separate lawsuit as soon as the court of appeals rules.
THEN ONCE TREY MARTINEZ FAILED USING THE JP COURT TO STRIP JOHN DOE OF HIS FEDERAL BENEFITS, LOUIS SAENZ BROUGHT THE BOGUS CRIMINAL CHARGES
Now we all know Linda Salazar will lie, but she heard Trey Martinez tell her Saenz and Hinojosa promised him the criminal charges will be filed.
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