JOHN DOE PROCEEDS WITH ALL COMPLAINTS

The last attorney appointed to represent John Doe is Adam Neece.  It started well and we had a great meeting with Adam along with John Doe, me and  the father.  In writing when he invited us to the meeting he clearly said he would work with me.  After the meeting he got all hostel.

Adam acknowledged there is no crime.  He was given the clear evidence the magistrate dismissed the cases on no probable cause.  He was given the clear evidence that Laura Betancourt signed an order with a false claim John Doe was convicted in the felony case.  That was reported to the FBI, which is a federal crime if false,

He was given the evidence that the apartment manager told the sheriff's deputies there was an eye witness John Doe did not have a gun,  Louis Sorola had a clear duty to investigate the matter.  The deputies' failure to secure the statement from the eye witness was a basis for dismissing the charges.

Adam Neece had the evidence that his appointment was based on two ex parte hearings wherein John Doe was not given notice or allowed to present evidence.  In fact on no notice of a hearing or motion for sanctions, John Doe was sanctioned.  Adam Neece is writing made clear he had no authority to work on the issue.  It is post judgment and clearly subject to appeal.

Adam Neece has the evidence that the first hearing which was done on only 2 days notice and no notice to John Doe, was void.  The visiting Judge sanctioned John Doe for failure to appear.  He was never given notice to appear.  This is again the wife of Peter Gilman, Irma not providing notice to John Doe.  The criminal complaint against her is very detailed for a clear pattern and practice of denying John Doe notice of hearings, some of which could have resulted in his arrest on a capias.

Adam Neece went from total cooperation to barring me from helping.  I repeatedly told him in writing my job was to simply make sure the record is complete, and then he would decide which issues to appeal.

Something happened after initial meeting.  Then last night Adam filed with the court of appeals, John Doe fired him during a phone call.  John Doe denies the claim.  He says he told Adam he does not understand the proceedings and Adam had to work with me and allow me to be with him at all times.

THE HISTORY:

Day one, Sorola while refusing to meet with his client walks into court, argues nothing for his client and recommends at $10,000 bond. He left.  Had I not posted the bond John Doe would still be in jail.

Second screw job:  Lawrence Rabb and Sorola told him to accept a year in jail on the misdemeanor case and Judge Garcia would dismiss the felony case.  One, there was no evidence of a crime and no motions filed to dismiss the case.  Also Judge Garcia was free to refuse the plea bargain once he plead no contest in the misdemeanor case.  Then he would really be screwed.

The third Screw Job:  Now this we have in text messaging from Bobby Lerma.  They were going to refile under a state jail felony, and then John Doe would do pretrial release.  On the day John Doe plead we were told it would take until the afternoon and I was free to go to my infusion appointment.  When I was done I learned they forced him to plead to the felony case.

Technically it says he plead to the state jail felony.  It was never filed.  They also had him plead under oath he had no history of mental illness.  Of note it was Adam who  noted it says "suggest" which is even more powerful.

I do not know what happened after we met with Adam Neece, but everything changed.  Adam in writing made clear he had no authority to clear up the ex parte motions and hearings which resulted in his appointment.  False:  They are post judgment hearings and are clearly subject to appeal, especially when done ex parte.  Adam refused in writing.  He then made clear I would not be allowed to see the record to make sure it is complete.  Adam according to John Doe told John Doe he would only meet with John Doe.  John Doe clearly said according to John Doe he could not understand and I had to be with him.

The next screw job was the illegal drug test, not authorized by Gabby Garcia as required by law, and then destruction of the evidence while claiming John Doe tested positive for cocaine. To keep John Doe isolated I was threatened with arrest if I did not leave the Adult Probation building.  This is a clear crime under penal code 36.06(a)(i)(B).

In clear terms the supervisor said I was being barred from helping John Doe because I filed the criminal complaint on destruction of evidence.  It is a slam dunk criminal complaint.  It is also a slam dunk § 1983.  The latter is complex because it is never wise to mix a criminal complaint with a civil lawsuit.  I have decided an agreed order to allow me to be with John Doe, and $1.00 in damages, will be enough for settlement. of the civil case.  No one can accuse me of doing it for money. 

Every time John Doe is by himself they screw him.  No more.

ADAM AND SAENZ REJECTED FINAL SETTLEMENT OFFER.

Adam was told John Doe would let all the complaints go in exchange for dismissal of everything.  It seems Saenz rejected the offer and instead of advocating for John Doe Adam went on the attack and in fact lied to the court of appeals.  He says he was fired.  John Doe disputes this.  He was told I had to be there for all meetings.  Adam Neece refused.

There is another side issue, I am not sure how it plays out. But Adam may be a witness against Saenz.  I have to pull John Doe's medical records from the DWI.  Adam said he thought he recognized the father and John Doe from the ICU.   We sent him the picture and he never responded.

This is where this nightmare begins and if Adam Neece can testify as an ICU nurse who treated John Doe, he cannot be an attorney in any related litigation.

SO NOW WHAT

Laura Betancourt is dealing with the fact she is facing a Commission on Judicial Conduct complaint for conspiring with Saenz to falsify the record in her court.  We have the document.  Judge Betancourt found John Doe was convicted in the felony case.  That was reported to the FBI.

Saenz knows what is next. So too does Adam Neece.

In short order enough judicial complaints and attorney complaints will be filed, I cannot imagine how Gabby Garcia will be able to face anyone in the courthouse. 

Laura Betancourt knows Gabby Garcia, Louis Saenz, and Adam Neece tossed her under the bug.  I took all complaints off the table if the charges were just dropped.  They said no, and now various state agencies will address these issues, along with the FBI, Sheriff Treviño, and AG Paxton.  I also found a back door basis to file a mandamus with the Texas Supreme Court.

All criminal charges are going forward.  The settlement offer was more than fair.

We are asking for the disbarment of Adam Neece for lying to the court of appeals and refusal to protect his client against the rulings in the ex parte hearings.  You see if those orders are voided, Adam would lose an appointment worth thousands of dollars.  He had a financial incentive to not protect his client.