Thursday, July 9, 2020

Investigator Marcelo Molfino Committed Perjury against David Bellow – Texas Rangers Submit Report to Special Prosecutor


A corrupt Jefferson County DA Investigator Marcelo Molfino is likely to finally face justice as the Texas Rangers have submitted their investigation against him to Special Prosecutor, and elected San Jacinto County District Attorney, Robert Trapp. Hopefully, this compelling evidence of perjury committed by Marcelo Molfino gets presented to a grand jury so that Marcelo Molfino can finally pay for his crimes. I know all about this story because I am who Marcelo Molfino tried to retaliate against with false charges as a way to shut me up after I blew the whistle on him for illegal activity. I fought back. All charges against me were eventually dismissed. And now it is time for this bad cop to be held accountable and be held to the same standards as everyone else. Bad cops like Marcelo Molfino must be held accountable in order to bring credibility and trust back between law enforcement and communities who are hurting and rioting due to another bad cop who senselessly put his knee on the neck of George Floyd until he died. Until we stand up and hold accountable the bad officer like Marcelo Molfino who clearly violate the law, we cannot bring America back together and help communities to trust law enforcement so that they can do their jobs and do it the right way. I am not the first person Molfino has wrongfully hurt. There is a long list, including Omar Daw who is a black man from Port Arthur, TX who was let out of federal prison by the US Attorney after serving 3 years as an innocent man after Marcelo Molfino, a Port Arthur officer at the time, conspired with a Confidential informant who planted a gun on Omar Daw to set him up.
I have stayed fairly quiet about the specific details of the illegal activity by Marcelo Molfino during the investigation by Texas Rangers so as not to damage the investigation. Now that the investigation is over and has been handed over to the Special Prosecutor, it is time the world hears more of the details. Plain and Simple, DA investigator Marcelo Molfino took the stand and lied like a dog. He committed perjury and official oppression so unbelievably blatant that it is hard to believe. Maybe he thought I would be in jail and no one would know like the others he has framed, or maybe he just thought he was above the law and protected by his boss the District Attorney Bob Wortham, who has protected him from criminal charges in the past and is also under investigation by the Texas Rangers under the direction of the Special Prosecutor. When a deputy chief in Port Arthur went to Bob Wortham about criminal activity of Marcelo Molfino, Bob Wortham told him to back off because Molfino was “his boy.” He probably would have gotten away with it this time too had the Texas Rangers not gotten a special prosecutor who was not connected to Jefferson County. Robert Trapp is an elected DA from San Jacinto County and he has no special interest connection with Jefferson County and has, from my perspective, asked the Texas Rangers to do a fair and thorough investigation. Now that the Mr. Trapp has the investigation, I don’t believe that he will just toss the case, especially after such an in-depth investigation by the Texas Rangers after the special prosecutor widened his investigation into Jefferson County District Attorney corruption to specifically include investigating Marcelo Molfino. The stakes are too high and the evidence is too compelling. I believe Mr. Trapp will present the case to a Grand Jury, and if the grand jury sees the evidence that I have seen, I believe there will be an indictment of Marcelo Molfino.
I previously wrote an article with a general overview of what was going on which you can read here: False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption
However, I didn’t really get into a lot of the specific details of the criminal activity that the Texas Rangers were investigating in that previous story. Now that the investigation has been completed, I will be releasing more of the details. First, I will go over the perjury of Marcelo Molfino that I know happened because I witnessed it with my own eyes. Then, a second soon to come article will detail the District Attorney Bob Wortham’s bribery and abuse of office scheme in which he used the false charges against me by his official position in order to personally obtain a private political website from me in exchange for prosecutorial decisions (you can’t make this stuff up!)
So what happened and how did Molfino commit perjury? A few years ago I uncovered illegal activity by the Jefferson County District Attorney Investigator Marcelo Molfino. I turned in Marcelo Molfino to Texas DPS. Texas DPS in a written report determined that Marcelo Molfino violated the law. Jefferson County DA Bob Wortham refused to prosecute his own investigator. Instead, Bob Wortham puts Marcelo Molfino directly on a bogus case to retaliate against me with false charges. You would think that would already be an obvious conflict of interest right? Well it gets better. Throw in my ex-wife in a bitter child custody battle paying Marcelo Molfino at least $1500 cash to try to frame me, a good and loving father, in order to get a leg up in the custody battle in which she would not win after she had been caught leaving my one year old son in parking lots crying alone in cars while she had affairs in a different vehicle. That’s not shady right? The DA investigator Marcelo Molfino got paid cash by my civil court opponent right before he charges me with false charges. How do I know this cash exchanged hands? Both Marcelo Molfino and my ex-wife admitted to the exchange of cash when they testified in court. So you see, after I blew the whistle on Molfino, and after my ex paid him cash, Marcelo Molfino then personally wrote the affidavit to have me charged with aggravated perjury. I fought back and took it to trial to clear my name. Marcelo Molfino was called to testify, and he lied through his teeth. That my friends is aggravated perjury and official oppression, and It is the worst perjury of all because this is a law enforcement officer using his position of power to lie in order to try to get someone wrongfully put in jail.
In the mistrial of the case, Marcelo Molfino testified under oath against me. In his sworn testimony, Marcelo Molfino committed over a dozen instances of perjury. Many of the instances of perjury involve Marcelo Molfino adamantly stating under oath that he was never involved in any part of the investigations against me which led to charges against me. There are numerous facts and documents the prove otherwise, and Marcelo Molfino even admitted to much of his involvement in the investigations when pressed under oath on the stand. 
To make things easy to prove the Perjury by Marcelo Molfino, I will focus on the two most obvious, egregious, and easily factually provable instances of Perjury by Marcelo Molfino.
First, the REPORTER'S RECORD VOLUME 3 OF 4 CAUSE NO. 16-25250 Jefferson County shows the sworn testimony of Marcelo Molfino on April 12, 2018.
This transcript shows, from page 262 to page 266, Marcelo Molfino on several occasions, adamantly denies that he ever was part of any investigation of the charge of perjury brought against me. In fact, Marcelo Molfino specifically testifies that he never even did any interviews nor did he ever get any information, nor did he get any statements. Marcelo Molfino testified that if he participated in those ways in any investigation against me that he would have stepped back away from being involved in the case. In fact, the transcript goes on to show that, when pressed with contradicting information, Marcelo Molfino admitted or was shown to have been involved in nearly every aspect of this investigation from the beginning against me which led to his personally filing perjury charges against me after I blew the whistle on him and after he accepted cash from my ex-wife. Specifically, the most direct and most compelling factual evidence proving that Marcelo Molfino committed perjury is a sworn statement during the bogus investigation against me that notary Crystal Hebert signed. The sworn statement specifically states that she gave the statement to and for Marcelo Molfino. This statement was taken by Marcelo Molfino and only done for the purpose investigating me to that Marcelo Molfino could personally charge me. This statement by Crystal Hebert, which was signed on 5/25/2016 the day before Marcelo Molfino then used the statement to support the charges he brought against me in his probable cause affidavit. This proves that Marcelo Molfino lied when he testified that he was never part of the investigation and never took and statements or interviews. Further proof that Molfino committed perjury is a search warrant that Marcelo Molfino personally wrote and went to a judge to confiscate my cell phone to singlehandedly gather evidence in the bogus criminal investigation Molfino brought against me. This search warrant was done by Marcelo Molfino on 5/25/2016 the day before Marcelo Molfino personally brought charges against me. This search warrant proves that Marcelo Molfino lied when he testified that when he personally wrote the affidavit to have me charged, he had never been involved in any criminal investigation against me and specifically that he had never went to get any information in the investigation.
These above factual pieces of evidence showing the search warrant by Marcelo Molfino and the statement of Chrystal Hebert taken by Marcelo Molfino, which were part of the investigation and evidence used against me by Molfino to charge me, prove in a very clear and convincing way, that Marcelo Molfino knowingly and intentionally lied under oath on April 12, 2018 when Marcelo Molfino repeatedly testified and swore that he never was involved in any part of the investigation against me and specifically had not gathered any information or statements nor done any interviews in the case he brought against me. 
Second, in his sworn testimony on April 12, 2018, Marcelo Molfino, on page 216 and 217 of the transcript, Molfino was asked about the criminal activity that I blew the whistle on Molfino to the Texas DPS well before Molfino brought any false charges against me. Molfino, when asked under oath if Texas DOS Agent Oduwole had informed him that Molfino’s actions were against the law and a class A misdemeanor, Marcelo Molfino on more than one time under oath stated NO that Oduwole did not tell him it was against the law. In reality, Agent Oduwole did in fact inform Marcelo Molfino that he was violating the law a class A Misdemeanor. Not only did Agent Oduwole put that it was a violation of the law in his report against Marcelo Molfino, but additionally, former Judge Layne Walker recently talked with Agent Oduwole and told him about Marcelo’s testimony. According to Layne Walker, Agent Oduwole stated that Marcelo Molfino had lied and that he did in fact inform Molfino that his actions were violating the law. This is another instance of clear and convincing perjury by Marcelo Molfino.
The evidence is clear, Marcelo Molfino committed perjury on April 12, 2018 in his sworn under oath testimony. Marcelo Molfino lied under oath in a trial where he was personally accusing me of lying and had brought charges against me with his power as a public official. Marcelo Molfino seemingly did this as an attempt to retaliate against me after I had blown the whistle on him and after he accepted cash from my ex-wife. Marcelo Molfino lied under oath in an attempt to deceive the jury and Marcelo should be charged for these serious crimes especially since he is a person of power and trust who was lying in an attempt to deprive me of my rights and liberties. 
The Texas Rangers did a fair and thorough investigation and I believe the Special Prosecutor will present all these facts and evidence to a grand jury and Justice will finally be done and Marcelo Molfino will be indicted for the abuse of power and official oppression and perjury committed by Jefferson County District Attorney Investigator Marcelo Molfino. God has blessed me. Through my trials I was able to uncover the illegal activity of these public officials which has and will help many others by putting a stop to their corruption. All cases against me got eventually dismissed and I moved on and have a wonderful family. My wife Denise Bellow and I recently had a son and that makes 3 boys, and we are having a blast together as a family. Those three boys could have been without a father due to a bad officer Marcelo Molfino who tried to falsely charge me as he has done to many other innocent people in the past. Its time he is brought to justice. His existence as an officer, with the knowledge of the facts and evidence which prove his criminal activity, is a slap in the face of the good officers out there trying to do their job the right way.

Thursday, April 9, 2020

Tarrant County Judge Bans Church, Violates Texas Governor Order, Should be held in Contempt


Yesterday afternoon, Robby Montoya broke news that the Tarrant County Judge Glen Whitley had banned all in person church services. Specifically, Judge Whitley posted up on social media that he was not allowing in-person church services.
This ban of in person religious services is a DIRECT violation of Texas Governor Greg Abbott’s Executive Order which allows for religious services. I wrote an article recently about Governor Abbott’s order which declared religious services as essential and removed authority of county and local officials from restricting essential services more than what Governor Abbott had allowed during the CoronaVirus COVID-19 emergency.
This virus is a serious issue with drastic measures needed to be taken and are being taken, but the Constitution does not get suspended. The Constitution is above all laws and orders. The government cannot ban religious services. The government could highly recommend going online for religious services if possible, which the governor has. The government can order social distancing and sanitation measures if in person religious services are needed, which the governor has. There are many other measures that can be taken to safely practice religion, however, the government CANNOT ban religious services. The Governor understands that the Constitution must be upheld while at the same time measures be enacted to slow the spread of the CoronaVirus COVID-19.
Tarrant County Judge Glen Whitley directly violated Greg Abbott’s order, and violates the Constitution, by banning all in person religious services, and he should be held in contempt.
Judge Whitley has no problem issuing orders and threatening jail time and fines if his order is violated; well politicians should be held to the same standard, right? Judge Whitley has violated the Governor’s order so he should be held to the same standard and face fines or jail time for violating the Governor’s order, right?
Who else is tired of politicians declaring a do as I say but not as I do attitude and issuing completely hypocritical and nonsensical orders? They declare you must follow their rules, but then they appear on the news for press releases flanked from left to right with their other political friends who want air time too. Well if you can do much of church online now or business meetings on video conference then why not do a press release online or on video conference? Why meet in person with your other press release TV personalities?
Some of these orders are just outright hypocritical and unreasonable. You shouldn’t go to see your pastor about a serious issue and keep a good distance from him while y’all talk in an open parking lot, but you can go to a liquor store for beer or to get plants for a garden at Lowes while standing in line 6 feet apart after having passed 50 people in the aisles and touched all the stuff that everyone else is touching and then touching the credit card pad that everyone else that day has touched. I must have forgotten the part in the Constitution about freedom to plant a flower but not freedom of religion. The virus must not be able to pass to other people if you are getting flowers at the store, only when you go talk to your pastor right? It is all ridiculous and hypocritical and nonsensical.
And another thing, just because one person loves church online doesn’t mean another person has the capability to do online services, or God forbid maybe the other person WANTs to or HAS TO go meet in person with their pastor for religious services. Just because one person is fine with church online, does not mean they should impose their beliefs on others who believe they need to go in person for religious services. If you are worried about catching the virus from a church goer, then practice what you preach and don’t get around anyone and avoid your church going friends for now while you chat it up with the crowd of unknown virus spreading people in line at the hardware store. If you stay in your home away from everyone, then you probably won’t get the virus. Much of this is self-responsibility, and ultimately, if you take care of yourself and stay away from people, then you will likely not get the virus. Bottom line, people cannot impose their desires on other people in violation of Constitutional rights. So please stop telling people not to go see their pastor while you hypocritically go run your non-essential errands.
Should we impose drastic sanitary measures and social distancing at churches like we are doing at supermarkets? Yes! But you cannot ban church just like you cannot ban people getting food at supermarkets. Don’t get me wrong, I am not advocating for people to meet in a large group and spread the virus, and I agree that people should stay away from each other right now to slow the spread, but I do not agree that we can toss out the Constitution and ban religious services that some people might greatly need and can do so safely with social distancing and sanitary practices. Ultimately, if you are worried about getting the virus from someone who went to see their pastor, then you can take matters into your own hands and stay away from everyone in order to take responsibility for lowering your chance of getting the virus. If I had, for instance, a child with a lung disease who was at greater risk, I would not tell people not to go to church, I would just stay in the house 24/7 to protect myself and my child until the virus passes, and not rely on making others do what I want them to do in violation of their constitutional rights. We have to be reasonable and tactical to fight the virus while still upholding the Constitution.

Breaking! Texas Governor PROHIBITS Counties & Cities from BANNING Religious Services during COVID-19


Texas Governor Greg Abbott today has just today, 3/31/2020, issued an Executive Order GA 14. This Executive Order suspends the rights of county judges and city mayors from prohibiting and banning religious services to the extent that it conflicts with what the governor has declared permissible in this coronavirus COVID-19 disaster. Specifically, the governor ordered that religious services are considered essential in the State of Texas, and therefore, cities and counties can no longer consider them non-essential to the extent of banning them, although common sense restrictions can still be in place locally to try to limit the spread of the coronavirus while not prohibiting religious services outright.
In recent weeks, there have been varying and sometimes hypocritical, unconstitutional, and conflicting orders from Texas county judges and Texas city mayors. One of the biggest points of controversy has been county judges and city mayors banning all religious services and threatening arrest of pastors. This certainly seems to violate the Constitution’s First Amendment protections of religion. These orders also seem completely hypocritical.
While there is no question that this virus is serious and steps should be taken to stop the spread of it, that does not mean the most basic constitutional rights can be violated such as banning churches. Religious services ARE essential to this great State of Texas and the United States of America. They are expressly protected by the Texas State and US Constitution.
More reasonable restrictions can be enforced in order to stop the spread. It was outrageous that people were being banned from going to see their pastor even just one on one in a parking lot, yet in these same counties which restricted religious services, you were still able to do a long list of many activities that do not even seem essential like going get beer, or in cases of essential activities, you could do them with limited restriction such as going into a crowded grocery store.
If going to a grocery store is essential, and you can go mingle with lots of people in a grocery store during these quarantines, then surely you should be able to also reasonably go to your church. Any essential activities, however, should be reasonably restricted to help stop the spread of this virus while still allowing people to eat and practice religion. Spacing requirements and no physical contact, sanitation upon entering, temperature taking upon entering, and outdoor services with a speaker system. Heck, you could probably get everyone to wear a hazmat suit. There are lots of ways to help stop the spread without violating the Constitution, and while allowing people to conduct essential activities.
Texas Governor Greg Abbott brought some common sense to the chaos today with this executive order, and he cut through the hypocrisy and contradicting orders; while at the same time, he is working to stop and slow the spread of the virus and protect the Constitution.

Monday, March 2, 2020

South Texas Republican Voters Not allowed to Vote Republican at Polling Places, Given Democrat Ballots Instead


Starr County, Texas, including the cities of Rio Grande City and Roma in south Texas along the Texas/Mexico border, is refusing to allow Republicans to vote at polling places, and even trying to give them a Democrat Ballot to vote with instead!
I was contacted by a Hispanic family trying to vote in Rio Grande City, TX late last week. Four different family members had gone to vote at their polling places. They unfortunately found that the county elections administration has not even supplied polling places with Republican ballots. The only place that someone can vote Republican is at the County Courthouse, instead of all the polling places where the County supplies democrat ballots for voting.
It gets worse. When these Republican voters went to vote at their polling place and asked for a Republican ballot, they were not told to go to the County Courthouse, but rather they were given a Democrat ballot and told just to vote with the Democrat ballot and the election officials told them all that Trump and everyone else will be on the November ballot.
This is shocking corruption and severe voting rights violations. This is nothing less than a scheme to alter or interfere with fair and free elections.
While it might have been a county party decision to not have voting anywhere other than the county courthouse, the problem is the Republican voters showing up to the polling places are NOT being told to go to the courthouse for a consolidated election to vote; they are just given a Democrat ballot and said just vote Democrat and wait for the November election to vote for Trump and other Republicans. That is wrong and illegal and something should be done about it
This 2020 Presidential election cycle has already been marred by election scandals. The Iowa Democrat Caucus saw the results being delayed and recounted due to irregularities and technology glitches. It is hard to imagine that in Texas, a county can suppress and interfere with voting like what has occurred this election in Starr County, TX.
South Texas has a long history of government and political corruption. One of my first articles ever written was a breaking story about a battle on the border near Roma, TX where gunfire and explosions were heard throughout the night. (VIDEO) Breaking News! Massive Battle Across Texas Mexico Border - Machine Guns and Explosions - Morning of April 21, 2011

Tuesday, February 11, 2020

False Charges against Liberty County Constable John Joslin Dismissed – DA Investigator Marcelo Molfino Fabricated Charge


The false charge of perjury against Liberty County, TX Constable John Joslin has been dismissed. Jefferson County District Attorney Bob Wortham dismissed the charges in order to keep his DA investigator Marcelo Molfino from having to take the stand and be exposed under oath for perjury and other criminal activity. Marcelo Molfino personally wrote an affidavit to have John Joslin sign with tricky wording with the intent to then personally charge Joslin with perjury by twisting around the wording in an affidavit that Marcelo Molfino had personally written. It was a bogus political charge from Jefferson County District Attorney Bob Wortham with Marcelo Molfino as the hitman. It is becoming their go to thing to do that If you can’t find something illegal you just get them to say something that you can twist to say I think they are lying and then charge them with perjury. That is what happened to John Joslin. President Donald trump recently spoke out against dirty cops. President Trump pointed out that there were dirty cops in the FBI who wrote about opposing Trump and then made false and illegal fabricated stories to attempt to prosecute him and get warrants. Marcelo Molfino is one of these kinds of dirty cops and he brings discredit to the very good and honorable officers who serve and protect us daily. Even his fellow officers say he is dirty because the agent at Texas DPS who investigated his crimes found him in violation of the law. Criminal Justice reform must be done to place safeguards to protect innocent people from false and malicious prosecutions.
Corruption runs deep in Bob Wortham’s Jefferson County District Attorney’s office, and much of the corruption surrounds DA investigator Marcelo Molfino. I too had been falsely charged by Bob Wortham and Marcelo Molfino. I wrote about this recently in this article: False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption. I have never been even suspected of a crime in my life, and then I blew the whistle on Marcelo Molfino for multiple crimes. The state of Texas investigated and determined that Marcelo Molfino did violate the law. DA Bob Wortham refused to prosecute his own employee Marcelo Molfino and instead put Molfino directly on the task of trying to silence me with false charges. Molfino personally wrote the affidavit to have me charged for perjury, after I had turned him in for his own criminal activity, and after my disgruntled ex-wife had paid him $1500 cash (there was a history of Molfino accepting money from being and then charging their opponents or ex-spouses to get a leg up in child custody cases). I was also falsely charged with felony stalking for showing up many years ago to a parking lot to get and take home my crying one year old son from alone in a car where my ex wife (we were married at the time this happened) had left my precious one year old son in the car while she had an affair. The BOGUS felony stalking and perjury charges were completely dismissed and now the Texas Rangers have an investigation against the Jefferson County District Attorney’s office for abuse of office and official oppression. You won’t find that in the news though. You won’t see the news write any story about David Bellow false stalking and perjury charges being dismissed. You won’t even find any news articles about an official Texas Ranger investigation against the Jefferson County DA. The local media is silent on what should be front page news of Texas Ranger investigations against the DA and pay to prosecute schemes. This is a small box in southeast Texas and if you are the local news you just don’t go against the powerful district attorney. I guess I didn’t get that memo.
John Joslin had his charges completely dismissed. You won’t find that on the news either after they gladly wrote articles about his initial arrest. I will get the word out though. It is time that people know about the corruption of Jefferson County District Attorney and the many lives the attempt to ruin with false charges for cash or other political reasons.
John Joslin had gotten an attorney, former Judge Layne Walker, and they were fighting back and were going to expose the corruption of Marcelo Molfino. I was going to testify about the criminal activity of Molfino, and the Texas DPS agent who determined that Molfino violated the law was going to testify against Molfino and explain that Molfino did violate the law and knows he violated the law. Marcelo Molfino himself was even going to get on the stand and have to answer for his criminal activity and falsifications and lies. Then just like that, the big case against John Joslin gets dismissed. It was bogus from the start. Criminal Justice reform must be done to place safeguards to protect innocent people from false and malicious prosecutions.

Wednesday, February 5, 2020

Texas AG Office OPPOSES Due Process and Constitutional Right to Attorney in SCOTX Case

Texas Attorney General Ken Paxton does a great job of filing briefs and taking legal action in support of constitutional rights, and many on his staff are very good at defending the Constitution. Unfortunately, at least one attorney on his staff didn’t get the memo about supporting and defending the Constitution. In Supreme Court of Texas case 19-1101, Ken Paxton’s office is arguing AGAINST due process and AGAINST the constitutional right to an attorney in criminal proceedings. These are basic constitutional rights. These are rights that Republicans shouted from the rooftops that President Donald Trump was denied these rights in the impeachment proceedings against him in the US House of Representatives. They shouted from the rooftops that these are basic constitutional rights of any criminal proceeding. But yet when it comes to an actual criminal case in Texas with someone lower in status than the President, all of the sudden these basic rights don’t matter anymore? That is wrong. Ken Paxton should be alerted to this horrendous position that his staff has presented to the SCOTX. Ken Paxton likely does not even know about this situation with all the cases his office processes, but the Ken Paxton I have seen on Fox News defending the Constitution would not agree with his staff’s position to oppose the constitution. If Ken Paxton doesn’t reverse this position by his office, then it will be a black eye for his record of defending and protecting constitutional rights in Texas. This case, if it does not end in the Texas Supreme Court, has the potential to go all the way to the Supreme Court of the United States of America. Texas is better than this. Texas should stand up for basic constitutional rights, especially in criminal cases where someone’s life is on the line and they deserve to have an attorney and due process.
The Texas Supreme Court case number is 19-1101 IN RE JOSHUA LEROY JAROS. I wrote an article about this case and the #FreeJoshJaros situation not long ago when the petition first made its way to the Supreme Court of Texas. Now the Texas Attorney General’s office has filed their response, which to my surprise the staff attorney stuck to the story of rejecting the Constitutional right to an attorney and Due Process. This is something I do not believe Ken Paxton would agree with and I hope that he hears about this and takes action to ensure his office is upholding the Constitution and Due Process.
After the response from the Texas AG’s office, a response was made on behalf of #freeJoshJaros and a portion of this response to the state is below:
Comes now Joshua Jaros and would request that this Honorable Supreme Court order the temporary release of Joshua Jaros, as requested in the original Habeas Corpus petition to this Court, pending the final decision and judgement from this Court in this case. Now that the state has responded, it is clear that constitutional violations against Joshua Jaros have occurred which deprived him of Due Process. The state failed to even address the most serious constitutional issues in their response, and agreed or didn’t dispute many key facts and issues. For instance, it is agreed upon and undisputed by all parties that Joshua Jaros faced a criminal proceeding, he requested to be appointed an attorney because he cannot afford one, there was a previous undisputed affidavit of inability to pay by Joshua Jaros in the underlying case which Joshua pointed out, the court instead gave Joshua a form to fill out that did not allow for a listing of expenses, the request for indigency was never disputed by the state before the Judge determined Joshua is not indigent, the Judge never asked for more information nor allowed Joshua to provide any information to explain his expenses and his inability to afford an attorney other than the insufficient form he was given to fill out. The court found Joshua non indigent and denied him an attorney and immediately proceeded with the criminal trial against Joshua Jaros instead of giving Joshua Jaros adequate time to find an attorney now that the Judge had just denied Joshua a court appointed attorney.
None of the above facts are disputed by any party. The dispute is whether or not the Texas and US Constitution and Due Process requires that Joshua Jaros, who was facing a criminal trial with a state attorney against him, have an adequate review of his actual ability to afford an attorney which would include a review of his necessary expenses in order to be able to make a reasonable determination of ability to afford an attorney before being denied a court appointed attorney, and then given time to find an attorney after being denied a court appointed one. The State’s position is that yes Joshua was denied a review of his expenses and denied a review of his full situation regarding ability to afford an attorney, but its ok because he doesn’t need a full review because the law doesn’t require it. The State is wrong. The law does require it as the law does require an indigency determination and an indigency determination cannot reasonably be determined without having looked at both income and expenses. However, it is true that the law, although reasonably implied, does not specifically state the process or basic guidelines of determining indigency in this case must include reviewing expenses. The state relies on the idea that the law doesn’t say it must be done so it is ok if it isn’t done. What the state fails to consider or respond to is that the Constitution is above the law. The Constitution and Due Process require that Joshua Jaros have a full and reasonable examination of his actual ability to afford an attorney, which would include reviewing expenses, before being denied the fundamental constitutional right to a court appointed attorney, or given time to find an attorney if a reasonable and adequate determination has been made denying him an appointed attorney.
The Constitution and Due Process requires this, Joshua Jaros was denied this, and therefore Joshua Jaros must be released as his rights were clearly violated. If the state’s argument is right that the law allows it, then the law must be struck down as unconstitutional because it is at odds with the constitution and due process. This is not just about Joshua Jaros. This case is about every Texan who might face a criminal prosecution and who cannot afford an attorney. There must be a more constitutional standard for which Judges must go by when determining who gets a court appointed attorney. It is unconstitutional for every judge to have a different standard, or no standard at all, which allows for them to just check a box of non-indigent and deny constitutional rights to attorneys without having been required to do a reasonable and thorough examination of the defendant’s expenses and actual ability to afford an attorney.

Friday, January 24, 2020

Texas Supreme Court Rejects Pro-Life Case – Motion to Reconsider Filed

Texas Supreme Court Rejects Pro-Life Case – Motion to Reconsider Filed


The Supreme Court of Texas declined to take up case 19-0325, but there is a pending motion to reconsider. The Supreme Court of Texas is filled with great people who I am certain would care about the issues involved in this case, but more likely than not, the Supreme Court of Texas simply didn’t directly get told in the filings that the issue at hand involved life and access to justice as the technical legal arguments do not outright say this, and the Court gets a lot of cases and cannot take up them all. That is why a motion to reconsider the case has been filed with the SCOTX and the motion to reconsider specifically points out the importance of this case and for unborn baby life and pregnant women and access to justice.
This case has some pretty strong implications about the rights of unborn baby life and medical expenses and access to justice. Effectively, the lower court and 9th Court of Appeals has determined that unborn baby and pregnant mother medical expenses are not necessary and must be paid after court costs in a case. This ruling was a huge strike against women and babies and access to justice in general. The SCOTX not taking up the case effectively approves of and allows to stay in place the lower rulings which have wide-reaching implications.
The text of the Motion to Reconsider is here below:
MOTION TO RECONSIDER PETITION FOR REVIEW
Unborn Baby Expenses should NOT come after court costs and this Supreme Court should NOT vote AGAINST life. Access to Justice is DENIED if lower courts can simply refuse to consider expenses before determining ability to afford court costs.
Comes now Appellant and request this Honorable Supreme Court of Texas to reconsider appellant’s Petition for Review.
I request this court to reconsider their decision not to take up a petition for review of the above referenced cause. On the face of the appeal, the issues might not seem important enough for this Supreme Court to take up, even with apparent flaws or issues of the underling orders. I understand there are a lot of cases and the SCOTX can only take up a small percentage of them, however, I would like to express to this court that the underlying issues are much more important than they appear at first glance.
First, A denial of the Supreme Court’s review of this case will be a major anti-life statement. The 9th Court of Appeals decided that medical expenses of an unborn baby and pregnant mother are NOT valid expenses that should be paid before having to pay court costs of an appeal. Specifically, I had filed motion of material change in financial circumstances in regards to paying the large amount of court costs of an appeal. The change in circumstance was due to my wife becoming pregnant and there being new and vital medical expenses for the life of my unborn son and the health of my pregnant wife. The 9th Court of Appeals denied this motion and then dismissed the appeal stating that there had been NO reasonable reason for not being able to pay court costs. The 9th Court of Appeals effectively and literally determined that the life and health of an unborn baby and pregnant mother are NOT worth of consideration, and NOT reasonable or necessary to pay before having to pay appeals court costs. Appeals court costs must come first before medical expenses for the life and health of a baby is the statement and decision made by the 9th Court of Appeals. If this Supreme Court of Texas refuses to take up this petition for review, then this court is effectively agreeing with and upholding the radically wrong anti-life decision by the 9th Court of Appeals. Clearly the issues of this case are not simply about a small court costs disagreement, but rather it is about a much bigger and more important issues which will send an anti-life message across Texas if not reviewed by this Honorable Supreme Court.
Second, a denial of the Supreme Court’s review of this case will be a major blow to Access to Justice (which this Court has pushed hard recently to reform to allow access), and it would send a statement to Texas that Supreme Court guidelines for determining ability to afford costs are irrelevant and allow for lower court to use different and contradictory and vague and unconstitutional guidelines to determine inability to pay for access to courts and therefore violates due process. Specifically, in this instant case, the lower court did not follow the set guidelines and rules regarding affidavits of inability to afford costs. The biggest flaw is that the lower court did not even consider any personal or business expenses or obligations before determining ability to afford costs. This completely contradicts the Texas Supreme Court having rewritten indigency rules to require examination of ability to afford, not just ability to pay. Income of any amount cannot alone be examined before determining ability to afford costs without having first having examined expenses to or other obligations to determine what portion of income is even available to use after necessary expenses to live. In this instant case, the lower court NEVER examined ANY expenses or obligations and therefore could never have determined my ability to afford costs at that time. The lower court did not even examine my personal bank account or current personal income. The lower court only examined the money of a small business corporation that I had an ownership interest in. The court saw a few thousand dollars in the company account at the end of each month and said hey I should just raid the company account and get that money to pay my personal court costs because I am able to access the company bank account. Had the trial court actually followed indigency and ability to afford guidelines, the trial court would have seen that any payments I had gotten from the company were a year before the indigency hearing and and had not been received in nearly a year and the company had no positive value to me and was a young company owned by financing and another business who financed the start of the company and therefore was not even a positive asset to add as current income or asset positive value on an ability to afford cost form. Me simply being able to access the company bank account does not mean that the company money is mine to take even if I had gotten payments previously when the company had the ability to pay. The other owner of the company actually has a court order from a different court which PROHIBITS me from taking company money, which he has a majority interest in and which are for paying company expenses, and using it for my personal court costs. I would actually be violating a court order if I did take company money for personal expenses. But even if the court did determine I could just raid the company account, The court was required to, but never examined any expenses or obligations because if it had it would have found that the little money left over in the business account was to pay for the next week payroll of the employees of the small business or the taxes every three months or the debt payment to the companies and financial institutions that effectively owned the company through financing agreements. The lower court and opposing attorney Scott Browne and 9th Court of Appeals would have me commit fraud or other serious crimes or unethical behavior by taking company money that belonged to employee pay or belonged to the customer who gave that money to the business to but them a new heater. Surely this honorable Supreme Court would not agree with me resorting to stealing from employee paychecks or committing fraud by taking money from the company account that is there to pay for a customer parts? And that is the massive issue with this case. The issue is that the lower court and even the appeals court have simply ignored the SCOTX guidelines for determining ability to afford costs. This lower court and the 9th Court of Appeals determination to ignore necessary expenses violates due process and the Constitution because true ability to afford costs to access the courts cannot be determined without having examined both income AND expenses. What is the point of this SCOTX creating ruled for examining ability to afford costs to allow for access to justice if the lower courts and the appeals court can simply ignore these guidelines and declare someone able to pay costs without having ever determined expenses and ability to actually use income. This is an issue that is widespread and greatly impacts other Texans and deprives many other people of the ability to access courts if there are no enforceable standards of determining indigency and examining expenses before making a determination about ability to afford costs. In fact, this Supreme Court of Texas has a different case, a habeas corpus case, before it right now involving a young father Joshua Jaros who was jailed without having a right to be represented by an attorney. That case before the SCOTX is cause 19-1101 and this court has yet to rule on that case. In that case, Joshua declared his inability to afford an attorney and the trial court denied him a court appointed attorney without having considered his expenses and ability to afford an attorney. The 9th Court of Appeals was again the appeals court in this case and the 9th Court of appeals declared that expenses and actual ability to afford costs don’t ever have to be considered. Interestingly though, the 9th Court of appeals, in their upholding that the trial court did not need to examine expenses for determining indigency for a court ordered attorney, specifically acknowledged caselaw regarding the need to examine expenses for ability to pay court costs. The 9th court of appeals has contradicted themselves by denying the need to examine expenses in my inability to afford court costs, while acknowledging in Joshua’s case that expenses do need to be considered for court costs and ability to afford them. Clearly there is a pattern of different people being denied due process and being denied constitutional rights due to Texas trial courts and specifically the 9th Court of appeals determining and upholding this flawed notion that it is ok to determine that someone can pay for court costs or for an attorney and can be denied these rights to access justice and rights to a court appointed attorney by simply declaring they can pay without ever having actually examined their ability to afford and without ever having considered expenses and obligations. The SCOTX must take up this issue and provide clarification and enforcement of guidelines for determining ability to afford and access to justice, instead of the lower courts and the appeals court having different and even contradictory guidelines to determine ability to afford which allows for ignoring expenses and violated due process.
Prayer
I pray that this honorable Supreme Court of Texas reconsider their denial to take up my petition for review of the above referenced case. I pray this court takes up my petition for review due to the important and far reaching issues and implications of the underlying case regarding life and access to justice and guidelines for inability to afford determinations

Sunday, January 19, 2020

Texas Supreme Court to Rule on #FreeJoshJaros - Constitutional Rights to Attorney at Stake

I recently helped file a Petition for Writ of Habeas Corpus before the Supreme Court of Texas regarding the egregious constitutional violations of Judge Patrice McDonald in Montgomery County, Texas. Hopefully the SCOTX will stand up for the Constitution and Free Joshua Jaros. Specifically, Judge McDonald refused to allow Joshua Jaros to have an attorney in a criminal proceeding, and then threw him in jail for a debt that he could not afford and without the chance to have an attorney to represent him and present his case as the Constitution requires.

The Joshua Jaros Habeas Corpus petition Supreme Court case number is 19-1101 IN RE JOSHUA LEROY JAROS. 

If the name Judge Patrice McDonald sounds familiar, it is because she has been in the headlines recently by Investigative Reporter Wayne Dolcefino. Wayne has been exposing Judge McDonald after she threatened to throw a man in jail for not paying for an attorney and for spousal support for his bigamist ex in a divorce proceeding.

The man, Mark Athans, filed for divorce after he found out his wife of 5 months was already married. The woman was a fraudster and charged with Felony Bigamy. The marriage between Mark and woman was voided in the state in which it occurred. That didn’t stop Judge McDonald though who proceeded with the divorce case and refused to consider that there is no marriage due to the fraud and felony behavior of Mark’s ex, and even was going to jail the victim Mark if he did not pay his con artist ex’s attorney fees.

The latest victim of Judge McDonald is Joshua Jaros, who now sits in jail after having his Constitutional rights tossed out the window. The situation with Josh Jaros reveals a bigger issue with the horrible family law system in Texas in which good parents, mostly fathers, get separated from their children which causes a ripple effect of harm to the children and society as a whole. Reducing incentive for parents to fight over children should be a priority in Texas. Equal Shared Parenting laws overwhelmingly and on a bi partisan basis passed out of the Texas House this past session but never made it to the floor. Children should be able to have access and love from both fit parents, and parents should not have incentive to fight with their children’s lives and instead have to practice equal shared parenting. This would reduce the factual devastating effects on children that this fighting and parental alienation causes because parents will be forced to share costs and parenting instead of parents using their children as pawns to get a little more parenting time to hurt their ex or to be able to get more child support or be awarded legal fees for their lawyers.

Josh Jaros was jailed in Montgomery County Texas after he received no jury trial and after he was denied an attorney which is a basic constitutional right and is even Texas Law. There were other issues as well such as fatal flaws in the notice and pleadings. Josh Jaros is a great father who supports and takes care of his kids but could not pay the several hundred dollars a month to his ex-wife each month after Josh already pays to take care of his kids half the time and provides a roof over their head and food for them to eat etc. Both parents should always be able to equally be with their children if there is no threat of harm or violence etc, and supporting children in Texas means both parents taking care of the children equally. Texas needs to pass equal shared parenting laws so that children get to have both of their parents in their lives, and it would exponentially cut down on the fighting and tearing apart and bankrupting of families in the court system of fit parent had no choice but to share their child equally instead of being able to go to court and fight for more time or more money. #FreeJoshJaros

The Texas and US Constitutions require that any criminal defendant has a right to an attorney and even the right to have one appointed for them if they are unable to afford one. Seems pretty straight forward right? Unfortunately, the Court systems in Texas (and in the Nation) do not always follow the Constitution and are in need of serious reform. The Constitutional rights we all hold dear frequently get tossed out the window in courtrooms where judges can virtually do whatever they want with immunity. There are many good and great Judges who follow the law and the Constitution, but there are also Judges who do not. There is very little oversight when clear laws and rules are violated by judges. There is even less method of reprimanding a Judge, and even less of an adequate way to reverse a Judge who clearly violates the law or the Constitution. If the Law or the Constitution says a Judge has to do something specific, and the judge simply refuses, then what recourse does someone have? Just because the law says it MUST be done does not mean a judge has to follow it because there is NO reason for them to. They won’t be disciplined. They MIGHT be overturned if you can get an appeals court to take interest in the case but that could take years on appeal. Mandamus is the appropriate form of demanding that a Judge follow the law or constitution when it is clear they have not during the pendency of a case, but mandamus is rarely taken up even if the judge is completely wrong because the appeals court does not have to take them up and can just say they don’t have time to rule on the mandamus. Texas must create a better system of immediate and mandatory review when there is a question of whether or not a judge in a case is not following a clear and mandatory law or rule that must be followed. People’s lives and time and money should not have to wait for years of appeals to overturn a bad judge when there is a clear violation of law or rule by a judge. The clear violation by a judge should be resolved quickly so the underlying case moves forward and gets resolved in a fair and unbiased manner. Judges should be more strictly required to follow mandatory laws and procedures or face real consequences. As it stands now, Judges have no incentive to actually follow mandatory requirements if they know they will not get in trouble.

Thursday, January 9, 2020

Protests/Boycotts for George Lopez show 1/10/20 after Tweet offering to Assassinate President Trump

Rallies, Boycotts and Protests are just part of the reaction waiting for George Lopez when he comes to Beaumont, TX tomorrow 1/10/2020. This is in response to George Lopez having tweeted that he would assassinate President Trump for half the bounty that Iran was offering. Also, does the Constitution protect this kind of speech? Yes and No.
Following President Trump’s military operation to take out Iranian terrorist Qasem Soleimani, who was responsible for the deaths of hundreds of Americans, Comedian/Actor George Lopez responded on twitter in reference to the bounty put on United States of America President Donald J. Trump. The response from George Lopez was “We’ll do it for half.” see picture of tweet below
George Lopez promoting, agreeing and accepting an offer to kill the President of the United States is appalling and possibly criminal, and the backlash to George Lopez was swift. In fact, as fate would have it, George Lopez has a show this Friday night right here in southeast Texas. In the past couple of days, local news feeds have been flooded with local businesses and residents calling for a boycott of the show. Screenshots of all of these reactions and planned rallies and boycotts are posted below. One local businessman Rustin Guarnere posted on facebook that he is offering $2000 off any new home plus $2500 in furniture for anyone buying a new home who brings him their George Lopez ticket. Judy Nichols, the chair of the Republican Party of Jefferson County Texas, released a statement responding to the George Lopez event. She is also organizing a rally to support President Trump just outside the George Lopez event. Another local businesswoman, MrsMobile Home Magan, posted on facebook for anyone who bought a home from her and gives her their tickets then she will give them double what they paid for the ticket so she can burn the ticket. Another local resident posted screenshots of the seats available and it shows there are more seats available now than 3 days ago due to people apparently canceling of returning their tickets. Screenshots of local news coverage of the reactions and planned protests are also attached below.
I am a big advocate of the Constitution, including the First Amendment right to freedom of speech. That only protects from government restriction of speech. That does not mean there will not be consequences for speech such as rallies or boycotts form people who have differing opinions and want to express their contrary beliefs. The First Amendment should protect anyone from criminal prosecution as well for freedom of speech. There is a limit though as the First Amendment does not protect against some kinds of threats. While studying at Texas A&M University in College Station, TX, I had a constitutional law class as part of my political science degree course load. The professor made an example for us of what is protected and what is not. It would be perfectly legal and constitutional for George Lopez to say someone should take up the bounty. It would be perfectly legal and constitutional for George Lopez to say someone should kill the president. He would not be specifically directing anyone to go kill the president and he isn’t saying he is going to go do it himself as a specific and direct threat. He is expressing a horrible opinion that he will get backlash or even civil lawsuits for, but is non the less constitutional as anyone in America has a right to express their opinions without government restriction saying they cannot. However, George Lopez seems to have gone beyond saying someone should take up the bounty against President Trump. George Lopez specifically stated he would take up the bounty and only wants half the money. That certainly on its face appears to be a specific threat and agreement to kill the president for a price. George Lopez at the very least should get questioned and investigated to ensure there is no threat from him, and he might should be charged as well. I am a big fan of criminal justice reform and a big supporter of the constitution. We have a lot or problems with unconstitutional laws and prosecutorial misconduct and over regulation. I’m not saying he should be thrown in jail and throw away the key, and I even believe that many laws restricting speech are unconstitutional as everyone has a right to say whatever opinion they want. But George Lopez might have crossed that line of opinion by stating that he was taking up a bounty to go through with an assassination of the President. At minimum, his speech does have non-governmental consequences which are now being seen right here in southeast Texas.












Monday, December 9, 2019

Texas Supreme Court to Decide if an Unborn Baby Should get Medical Care Before Paying Court Costs, and if a New Pregnancy is a Change in Circumstances re: Access to Justice

Texas Supreme Court to Decide if an Unborn Baby Should get Medical Care Before Paying Court Costs, and if a New Pregnancy is a Change in Circumstances re: Access to Justice



The Supreme Court of Texas has a case before them right now, Case 19-0325, which if they deny the petition, the Texas Supreme Court will have effectively agreed or let stand a ruling by the Texas Ninth Court of Appeals that a pregnancy is NOT a change in financial circumstances. Even worse, if the Texas Supreme Court denies this case, then it will be agreeing or letting stand an absurd determination that the health and health expenses of an unborn baby are not important nor necessary, and that the courts should require unborn babies to be denied medical care so that court costs can first be paid in order to access the justice system and file an appeal. It would also muddy the waters regarding access to justice and standards for inability to afford costs that the SCOTX has pushed to try to clear up in recent years.

This case before the SCOTX is very important for multiple reasons. The first reason is pretty obvious. It is absolutely absurd that an appeals court in Texas has determined that a pregnancy is not a material or substantial change, and that medical expenses during a pregnancy are NOT IMPORTANT and instead the courts should get their access to justice fees paid first before the medical needs of an unborn child can be paid for or risk being denied equal access to courts and justice.

The second reason this case is important is because it involves access to Justice. The Supreme Court of Texas has spent considerable time and effort in recent years taking a stand and fighting FOR access to justice, which is a fundamental constitutional right. Particularly, the SCOTX has created rules and developed case law through rulings aimed at forcing courts to allow people the right and opportunity to access courts and access justice even if they are unable to afford court costs. This is a big shift, as previously the standard was ability to pay, not ability to afford. The SCOTX realized that just because someone has $10 in their account that doesn’t mean the $10 is available to spend on court costs if, for instance, food and housing needs to be paid first. Therefore, the standard shifted to ability to afford, which required courts to actually examine someone’s income AND expenses before determining if someone can actually afford court costs after necessary expenses. Unfortunately, many lower courts still haven’t come on board with the new rules regarding access to justice or they are simply openly defying the guidance from the SCOTX. This case is a prime example of complete disregard for access to justice and the standards for determining ability to afford that have been set forth by the SCOTX.

So, what exactly is this current case before the Supreme Court of Texas? Here is what happened. An appeal was made to the 9th Court of Appeals in Beaumont, TX (Jefferson County). An affidavit of inability to pay court costs was included so that the appeal could move forward even though there was an inability to afford the thousands of dollars in court costs to file an appeal of the trial court ruling. The appeals court kicked the ability to afford decision to the trial court. The trial court, without ever examining or even considering necessary expenses, determined that there is an ability to afford the thousands in court costs. This determination was challenged in the appeals court because, based on the rules and caselaw and plain common sense, there cannot be a determination regarding ability to afford without having looked at expenses and making factual determinations regarding both income and expenses. Additionally, since the appeal was filed there was a new pregnancy with new unborn baby medical expenses that must be considered and paid first before court costs. The Ninth Court of Appeals then ruled that the trial court did not need to examine expenses or that the appeals court didn’t care if the trial court didn’t examine expenses before making a determination on ability to afford court costs. Additionally, the Ninth Court of Appeals rejected a motion regarding a change in financial circumstances due to a new pregnancy and went on to specifically state in their final order to pay court costs that there had not been any material change in circumstances presented that warranted review, which effectively declared a new pregnancy as not an important change to consider. Even worse, it deems unborn child medical expenses as not worth examining and the unborn child expenses should come second to paying court costs. The Ninth Court of Appeals then went on to dismiss the proceeding without ever reviewing the merits of the case due to the thousands of dollars in access to justice court fees not having been paid despite the courts never having actually reviewed ability to pay, and after having determined that court fees come first before necessary unborn baby health expenses.


So that is what leads us to this current case before the Supreme Court of Texas. This is a very important case that everyone should keep an eye on. If the Supreme Court of Texas does not take up this case, then the SCOTX will be effectively agreeing and allowing to stand the lower court and appeals court’s absurd and vague determinations regarding everything from pregnancy necessary expenses to access to justice rights. A denial of this petition for review would be completely contrary to the recent SCOTX push for access to justice, and would set the cause back by allowing lower courts to deny access to justice in spite of the SCOTX rules and constitutional rights. The Supreme Court of Texas has done a fabulous job of pushing for access to justice and we can only hope that the SCOTX will continue to push for access to justice by taking up this case to review the serious issues that undercut the SCOTX’s own rules and guidance on the issue.