JOHN DOE'S CASE AND MY STATUS

The John Doe mandamus is not complex.  The waiver document is void because they had John Doe commit felony perjury in order for the deal to work.  The waiver document is void.  Once the court of appeals finds it void, DA Saenz and Gabby Garcia are out of the case. 

I am working on it but yesterday was rough.  John Doe is doing a lot better. He and his father were able to explain to me what went wrong in his case.  This is how you deal with someone with John Doe's disability. If properly presented with documents his critical thinking skills are good. 

I showed him the waiver and read to him the part which says he has never been treated for mental illness.  He knows what he knows.  You just have to help him understand what it means.  This is critical thinking.  This is evidence of his intelligence.  But it does not mean people like Bobby Lerma cannot abuse him and con him to hurt himself. 

So I asked him if Gabby Garcia ordered him to explain in an open courtroom his history of mental illness and hospitalizations.  He said yes.  I then asked did they know his history. He said yes.  I asked him if on March 9, 2025, Korina Barraza filed a motion questioning his mental status, he said yes.

John Doe then clearly asked how they could have him sign a document which says he "have never been treated for any mental illness and no one has ever suggested that I have received treatment for mental illness?"  

John Doe has no idea what really happened after I left the courtroom.  He was not taken through the critical thinking process to insure he understood.  He never would have lied about his mental health history. We are moving forward.

MY STATUS 

Well, I know there is a chance in 18 days my treatment will be extended.  There are concerns the Vancomycin is not working well enough.  Remember I am in week 8 of antibiotic infusion with Vancomycin and Meropenem.

THE VA IS DETERMINED TO RUN UP ANOTHER MILLION DOLLAR BILL

Today I will formally ask Congressman Vicente Gonzalez to intervene. I am also asking that he ask the FBI in Washington to order the Brownsville office to formally meet with John Doe and myself.  No more written complaints.  We need a face to face.

UPDATE:

The 5 weeks of infusion therapy will cost the VA $35,000.  It is actually $105,000.00 based on the one-day bill I have seen, but the VA contract provides for a payment of $35,000.00.  No if additional days is less the bill will be less.  I am estimating based on the bill from day one. Remember this is a simple sinus infection going bad. 

UPDATE ON ME

Someone is listening.  On Monday they will try and do the CT scan of the throat with and without contrast.  I will then also undergo a swallow test.  Remember we are going on three months with no interest to understand what is happening. Saturday was bad.  I was supposed to assemble my new Blackstone and season it 4 times, but bed was the only option after I worked on the pool. 

HERE IS THE DEAL

I am using my CPAP during the day as a respirator because it becomes a challenge to breath as the day progresses.  Once the Viagra ends for the pulmonary hypertension, my shortness of breath gets really bad.  I am not eating.  My throat closes, and it hurts really badly. My left foot is twice the size it should be.  By dinner time my fever goes to 100+.  It seems to subside as the night progresses.

Now with my infectious decease doctor in 18 days I will go three days with no treatment and then he will order cultures of the ears and throat.  Everyone is in disbelief my hearing doctor some 2 months ago after draining the infection from my ear twice never send the fluid for a culture.  That is black and white malpractice

UPDATE:

They ordered blood cultures immediately.  I would say between the 4 vials they took close to 13-14 Onces of blood.  We should know by Tuesday or Wednesday.   Here are the vials.

On Saturday I tried to eat Taco Bell because it is soft.  OMG, is that food?  I left about half of the soft burrito. 

If it were not for my infectious decease team, which I consider the best, I would have to say there is no healthcare in the LRGV for ENT, or hearing, I learned the hearing doctor has not provided the culture of all the infection he drained from my ear, because he never requested one.  No one can believe this mess up. 

I have been told the doctor at the VA who played with my life I no longer with the VA.  I cannot say he is gone because of my case, but I am hard pressed to believe when the VA saw the million-dollar bill, they did not check the record to see all of my complaints concerning neglect.  There is also the order from the McAllen clinic for him to give me the painkiller, which he refused which led to my emergency admission to Valley Baptist Harlingen.

It blows my mind how bad the care is at the VA.  They are demanding I agree to be seen by the doctor who over a year ago told me I did not have a sinus infection. She also ignored me when I told her I could not take any medicine which functions to remove fluid from the body.  The metformin nearly put me in the hospital. They think because she is lovely, she is competent.  The problem is. no one wants to work for the VA Harlingen.  Remember it was their infectious decease doctor who refused me as a patient. That was a million dollar mistake.

So today I will formally ask Congressman Vicente Gonzales to secure on a stat basis the CT scan of the throat.  I cannot continue with no breathing or eating.  The VA knows what is happening and there is no desire to address the problem.  So, another million-dollar bill will get the problem addressed.

UPDATE

 The Herald helped me to educate people on what I am going through.  My letter to the editor was well received. 

 

 I AM BEYOND DONE:  I TRIED TO BE NICE, BUT THAT IS NOT AN OPTION.  BOBBY LERMA HAD HIS CLIENT SIGN AN AFFIDAVIT WITH VERIFIABLE FELONY PERJURY - HE NEEDS TO GO TO JAIL FOR SUBORNING FELONY PERJURY

We struck a deal for a Class A misdemeanor.   I was told I could go to my infusion therapy and that the final deal would be completed after I returned thereby allowing me to be in court.  I was assured I could see everything.  According to John Doe, he was taken before Judge Garcia almost immediately after I left. 

UPDATE:  The evidence used to support the class A does not support a crime of shooting into the ground in the county. This has been the issue since day one.  The charge is limited to a municipality over 100,000.  There is no dispute the incident happened in the county and not withing the City of Brownsville - hence the sheriff deputies investigated the incident.

The reporter's record was clear with his medical history.  Bobby Lerma ordered his client to commit felony perjury and lie about his mental health medical history.  Bobby Lerma lied to me at every turn on the day of the plea.  He lied about the papers not being ready.  I have them.  They were ready and he never sent them to me or John Doe, as promised.  It was a cover-up.  I have his text saying they were not ready. But he had John Doe sign them in court.

I was a fool to think Bobby Lerma could be honest.  He is a thief who took an intellectually disabled person who could not read or write other than scribbles in a text message and screwed him over to appease Peter Gilman.

Today John Doe had his second break down since the plea because Bobby Lerma was not communicating with us, and what we did hear from him was suspect. He said to me the GED issue was the least of John Doe's problems.  How do you order an intellectually disabled person to complete the GED.  This is a clear violation of the ADA.  Also, none of the paperwork complies with Texas Code of Criminal Procedure Art.42A.105.

His father and I watched him have a complete mental break down over the stress of this case.  It was his second.  He mother was on the phone panic stricken.  It took us three hours to stabilize him. We were in fear for his safety.  We held him in my home until we thought it was safe.  Then his father went to his home to make sure he was secure.  The mother and I were in constant contact.  He is fine, for now. 

I got a confirming text he was fine and looking forward to going for his son in the morning. 

Had what Bobby Lerma told me been true, he would have earned his fee. But he lied.  This case will define his career.  How low do you have to be to tell an intellectually disabled person to commit felony perjury in a court document in order to screw him over?  Now he claims people are telling him he was a fool to work with me.  Really?  I was a fool to think he is honorable. 

Bobby, you refund the $7,500.00, on Thursday, and you will be released from further damages, but not a request for your disbarment.  You knew I was John Doe's ADA advocate, and you lied to me to get me out of the courtroom in order to screw over an innocent young man who you yourself said the DA had no evidence to support the claim.  An honest deal is something we could have lived with, but this was not honest.

Bobby Lerma is so devoid of a conscious he had John Doe sign a sworn statement he had no history of treatment for mental illness, while being in possession of pictures of the two bottles with his current mental health prescriptions. 

He has no compunction about screwing over disabled individuals while suborning felony perjury.  Further we have a reporter's record of Judge Gabby Garcia ordering Korina Barraza to secure John Doe's mental health records, after Gabby Garcia ordered John Doe to disclose his entire mental health history in an open courtroom in violation of his HIPPA rights. These people are sick.

Bobby you will be named in the federal lawsuit for violating his ADA rights and screwing him over.  The felony perjury on his health issue, voids everything.  You refund the $7,500.00 today, we will only ask for a declaration you violated John Doe's rights. We however will move for your disbarment. 

There is no chance in hell I ever would have agreed to him waiving his constitutional right to appeal the issues before the plea.  That is why you wanted me out of the courtroom. I was clear in my texting we would pursue the ADA issue.  You had him sign away his right to protect himself.  A mandamus to void everything is not an appeal. You actually believe the Court of Appeals will see the verifiable felony perjury and not void the waiver affidavit?

Anything short of Gabby Garcia being taken out of the courthouse in handcuffs is unacceptable. She is one very emotionally disturbed person.

The deal is void because you advised him to commit felony perjury.  Gabby Garcia's own words in the reporters record proves she intentionally had John Doe commit perjury to protect herself.

Further, you knew he could not understand the documents you had him sign.  In fact, you told me you did not have the documents for me to review.  I have your texts which prove our lies. 

Bobby you are beyond stupid.  You stated you were waiting on the documents, which the record show was signed while I was at the doctor.  John Doe had to be in court to sign them.  Your text messages will prove the criminal conspiracy. 

I am done.  I thought we were done.  But Bobby this has to be your way.  Screw your clients on command from Peter Gilman. 

The plea will be withdrawn based on conspiracy by you to commit fraud on the court with Peter Gilman, and Gabby Garcia.  I love how Peter had a John Lopez witness the affidavit to avoid being party to the felony perjury. 

You are so screwed John Lopez.  You had a duty to know the facts before you witnessed an affidavit.  It did not take Saenz long to screw you over John.  The name John Lopez is based on the State Bar number used on the document.  John first to the FBI gets immunity.  

This is not going to end well.  I will secure a federal injunction against Gabby Garcia, if the court of appeals does not immediately end this.

WARNING, ANY ACTION AGAINST JOHN DOE WILL BE A DIRECT ATTACK ON HIS MENTAL STABILITY.  HE WILL BE KEPT WITH ME, HIS MOTHER OR FATHER UNTIL WE KNOW HE IS SECURE

If he has another meltdown, he will be taken to Valley Baptist Harlingen which has a great and perhaps the best mental health facility in the LRGV.  He has not threatened to hurt himself or another.  But he has collapsed twice no from the stress of this nightmare.

IT IS SO SAD

He is anxious to prove to himself and his son he can complete 8 months on deferred.  In fact, with no GED, we believe he already has a good job offer, once he completes the 8 months on deferred. It is important to note Gabby Garcia illegally threatening use her of brother Eddie Garcia's influence to release John Doe's mental health records, he had to switch mental health providers. Now Eddie did not order anything, but the second Jason Wallace learned Gabby Garcia was ordering the release of the records, he made it clear, HIPPA would be ignored.  He was all too clear in verifying Eddie Garcia was a Board Member at New Horizon. 

Luis Saenz is screwed.  He needs to dismiss all charges in the interest of justice. It might be his best defense in the criminal case being pursued against him.  But that will not stop John Doe from suing for civil rights violations and pursuing criminal charges.  None of them have a defense on suborning the felony perjury. 

 VICENTE GONZALEZ, THE ONLY REAL DEMOCRAT IN SOUTH TEXAS

This guy lives the kitchen table issues.  He is calling for the Mexico to be able to export eggs to the U.S.  I would buy them.  This is how you represent the people. 

 

WE MUST RID FROM RUNNING FOR OFFICE ALL OF GILBERTO HINOJOSA'S CANDIDATES 

First in the interest of full disclosure, I am beginning the process of being legally allowed to run as an independent to replace Ben Euresti as a district court judge.  I am not there yet and cannot announce yet, but once I am legally clear it will happen.

So long as the current Democratic Party remains in power in Cameron County, I in good conscience never could run as a Democrat.  I do believe under the right leadership, the Republicans can win every seat in 2026. 

Jesus "Chuy" Garcia ran to Gilberto Hinojosa to do his dirty work in exchange for Gilberto's support.  

Step by step I will post the evidence.  He is bad and has no regard for the law.  

We are waiting on a case from the court of appeals wherein they will explain to him he cannot bar someone from suing Gilberto's friends when he actually has no jurisdiction over the case to include the case being moot.  The county court reversed him on that one. 

With the court of appeals being all Republican Gilberto has no one to call to do his dirty work.

Every candidate with Gilberto's support will get the same treatment, slime. 

Who willfully discriminates against a disabled person?  Someone who sees the law as a tool to do the bidding of their bosses.  Mr., Slime himself, Gilberto Hinojosa. 

 MY STATUS: AND THE TOTAL LACK OF REGARD FOR THE LAW IN THE CAMERON COUNTY CRIMINAL JUSTICE SYSTEM

UPDATE:  The night was difficult.  I forgot I have an appointment at  the VA at 1 p.m.  They are fitting me for a special pair of contacts as an alternative to glasses. I hope while there they will have the CT scan in the system.  If I am willing to wait, I can fill an appointment for someone who fails to show.   I am constantly gritting my teeth so I can breath thru my nose.

My status is a 50/50 chance of going back to the hospital.  The VA cannot be fixed.  I need a CT scan and it cannot be ordered because for 2 weeks no one can be found to authorize it.  No one can assign me a doctor.  This is reality, but not the law.  The low-level clerks who would never be missed if fired actually belief veterans can be told no care until someone is found to authorize it.

Well, here we go again. Emergency care.  The million-dollar bill they already have taught them nothing.  If I am not approved for the emergency CT scan of the throat with contrast, I will go to the ER and demand to be admitted. That is the only way to get the scan.  Then if they find something you stay until it is addressed.   My throat continues to close.  I continue to stop breathing.  This is not an option, so let's go for the second million-dollar bill. Waste is all government employees understand.  

I am on the most powerful treatment for a massive infection in my body.  The clinic I go to allows me to meet other people with a similar problem.  I will not speak of the public figure, but it was sad when I saw him.  He struggled to remember me and could not. It was sad to see a once very vibrant person bound to the wheelchair struggling with his memory.  He is in the current mess with antibiotic resistance because of medical neglect.  That is clear from everyone I speak with.  And of course, it is not newsworthy. A major medical epidemic in our mist, and it is not newsworthy. 

Mine is in my nervous system.  I should not be on pills for neuropathy, but I am.  The spinal stimulator is all I should need.

Now pay attention:  I just started week-8.  I have 20 days left.  I did 5 weeks in the hospital.  Everyone I have met so far only did 5-6 days in the hospital.  My infection is massive.

The throat issue is unknown.  They see no reason to do a culture of my throat because if it bacterial, nothing will change.  But it can be viral.  It can be an unidentified tumor.  We know the oral surgeon found a lump but never followed up on it.  

My issue is simple.  I stop breathing.  I have to grit my teeth and breath through my nose until the throat opens up.  I use my CPAP as a respirator.  This option was learned during Covid.  The entire thing can be Gurd related.  I was on a 6-month regiment of a toxic medicine for a non-bleeding ulcer. I had to stop it when it ran out.

But not being able to swallow or eat is not an option.  It is not an option to be using my CPAP as a respirator.  It is not an option to stop breathing.  So, I have a 50/50 chance of going back into the hospital.  Now if it is bacterial, they may have to readmit me to increase the frequency of the Vancomycin. 

JOHN DOE

Bobby Lerma earned every penny I paid him.  The deal is exactly what we would have agreed to on the day of the arraignment.  But Sorola, Barraza, Rabb, Saenz and Gabby Garcia opposed it.  Our problem now is either an extradentary contempt for the law and how deferred adjudication works, or a complete lack of knowledge of the law. I should be locking this case away, but Peter Gilman and Gabby Garcia are determined to not follow the law.  I will not teach them. 

With my health failing, we are relying on Bobby Lerma to use his skill set to make Pete Gilman and Gabby Garcia learn, I can make their life more difficult than I have already.  My choice is to lock the box and never look into it again. 

I paid Bobby Lerma for a skill set.  He needed a push, and we got there, only to learn either Pete Gilman and Gabby Garcia do not know the law on deferred adjudication, and how to interpret a statute - for example the title of a statute is not an element of the crime.

For now, I rely on Bobby Lerma to make them understand, no conditions of probation were stated, and now they cannot go backwards and fix their mistake.  Conditions of probation are not mandatory for deferred.  Even with this we have agreed to all the conditions except one.  If it is imposed, we finish this in federal court under the ADA. 

Only the judge can impose conditions of probation, and Gabby did not know this.  Probation crossed the line when it did her job, and it will not be accepted.  I am not going to train probation in their job. They are so bad the court officer reported the wrong crime to the probation office. They cannot get anything right. 

A deal was struck.  Pete Gilman and Gabby Garcia will honor the deal, or we go back to letting the federal court to decide the case.  My choice is to close this case and seal the box.

Not edited.  I am dealing with a 100.8 fever.  Given how much antibiotic is in my body, this is not right. 

 I AM MORE READY FOR THE JOHN DOE TRIAL THAN I HAVE EVER BEEN

My money will be used to stop any trial once it starts.  That is the better option.  The consensus is, the best lawyer in the country can appear for John Doe and Gabby Garcia, now desperate to avoid jail time, will obstruct the lawyer.  So we have decided if Pete Gilman tries to try the case, it will be stopped in Austin, That, is a better use of my money.  Money is not an issue for me.

TWICE I HAVE SEEN DA'S ANNOUNCE READY, PICK A JURY AND THEN REFUSE TO CALL WITNESSES.

In the case of former Senator Kay Bailey Hutchinson, I was an advisor through her husband Ray.  I am very proud of the thank you letter.  People were shocked when DA Ronie Earle refused to call witnesses and Judge Onion was forced to direct the jury to acquit the Senator.

I do not remember Bruce's last name, but he was accused of stealing mail ballots.  We held and the DA refused to call any witnesses after directed to by the judge.  The DA stood there shocked after the Judge pulled two random names from the grand jury witnesses and had the sheriff deputies drag them into court.  They both testified Bruce never did anything to them.  The jury found him not guilty, and Judge Cunningham was tossed from office.

 

WE ARE SET:  AT 8 A.M. MONDAY MORNING GABBY GARCIA AND LUIS SAENZ WILL BE SUED IN FEDERAL COURT

Gabby Garcia and Korina Baraza are so unimpressive it is mind blowing.  Korina's little stunt in claiming the case must be stayed until John Doe can be determined to be mentally competent to stand trial, now guarantees John Doe is entitled to a new attorney as indigent to defend against Korina Barraza's abusive motion against her own client.

THE TIME FRAME:

Korina filed the motion at 3:55 p.m, on March 5, 2025.  It did not appear on the docket until the afternoon of the 6th, and was marked as filed on the 6th.  The actual file mark is March 5, 2025, but the date in the online docket was originally the 6th.

The text message from Bobby Lerma clearly indicates he is in charge and not Korina and he was just as shocked by the mental health filing as I was.  It was not in the system on the 6th when Bobby Lerma took control.

This is an ongoing problem we can tie to Irma Gilman.  We can prove she has a history of refusing to file orders with the court as directed by Judge Banales.  This is an obstruction of justice.

I had to get out the door, so I am now adding to the post and editing it for accuracy.

Korina's stunt mandates a mental health hearing.  If Gabby proceeds without verifying John Doe is mentally competent, everything becomes void.

Korina's claim of possible mental incompetence is based on having met John Doe once on the day of her appointment, 9/19/2024.  It took her until March 5, 2025, to inform the court John Doe is maybe not mentally competent to stand trial.  How is this competent counsel?  It is not.

Korina has no understanding of evidence.  This is why she is so unimpressive.  This is the entry by Judge Gabby Garcia on 9/19/2024.  

"ADA Javier Lozano for State; attorney Louis Sorola appeared with Defendant. Court after hearing from Defendant and attorney Louis Sorola, appoints from the bench attorney Korina Barraza and LJ Rabb; defense attorney to speak with Defendant in a jury room; after speaking with defendant, defense announces to the Court they will be taking care of the misd case (set for 9/30/24) and the State in this case, will in return dismiss this case....GGarcia/ipg"

It clearly indicates they believed John Doe to be mentally competent.  If they did not then they knowingly negotiated a plea with a mentally incompetent client.

NOW PAY ATTENTION

The entry clearly states LJ Rabb was an attorney and helped to negotiate a plea.  They are beyond corrupt; it is sheer stupidity.  Rabb on the afternoon of the 19th threatened John Doe with harassment if he communicated with him again.  He claimed to not be John Doe's attorney.  The above entry indicates otherwise.  Gabby Garcia who is all too willing to alter court filings, changed Rabb's appointment date from the 19th to the 26th.  We have the court record of the appointment, and the entry as to the meeting in the jury room. 

They all belong in federal prison.  So long as I am not dead, I am not letting it go. I spent years on Armando Villalobos and was attacked endlessly.  We all know how that ended.

A mental health hearing is now mandated.  

[ leaving this in so people know I had to leave and come back. I have to get out the door, but on the mental health issue someone needs to tell the unimpressive Korina Barraza and Gabby Garcia, the constitution is still alive and well.  I have been doing mental health law my entire career. "

Vitek v. Jones, 445 U.S. 480 (1980) forces some very specific due process rights be assured.  The part of this decision I have always loved is the finding it is normal for a person whose mental health status is being challenged is to act paranoid when in fact they are not.  It goes so far as to suggest someone in John Doe's situation who would not be acting paranoid, would be abnormal. 

Gabby Garcia's only choice is to reset the case until the motion as to competency can be heard.  Another attorney must be assigned. 

I am late for my therapy.

But the federal lawsuit will be filed at 8 a.m., without a preliminary injunction request so as to allow Gabby to show her lack of deference for the federal judges

GABBY GARCIA NEVER SHOULD HAVE BEEN ALLOWED TO GRADUATE THE WORSE LAW SCHOOL IN TEXAS

All law begins with Due Process; Notice and opportunity to respond.  Gabby is so devoid of an understanding of this most basic rule of law, notice and opportunity to respond, she believes she can declare a disabled person must pay the attorney's fees of Gabby Garcia's friends, without any right to object or prove Gabby Garcia's friends were appointed to insure John Doe was punished as a way to get to me for my work against Gabby Garcia as an attorney, and then a judge.

I have the proof Gabby Garcia did what she had to do to appease Rene Olivera and Gilberto Hinojosa to get their support to be a judge.  They both knew she was not qualified, but they needed her to corrupt the courts.

She is not qualified to be a lawyer let alone a judge.  

THE ONLY OPTION LEFT FOR LUIS SAENZ

Saenz my dismiss all cases and agree to pay $10,000 so John Doe's father can reimburse me the money I had to loan him to help his son.  John Doe remains indigent.

MY HEALTH

If I have to miss every infusion therapy next week I will.  It will put me in the hospital, but then there will be accountability.  Starting Monday I have three more weeks.

I have the money and intend to spend it.  I am as certain as anything I have been certain in my life, Cameon county will reimburse me every penny and then some.