Single Mother Kim Klacik supports TX Equal Parenting Bill to help Kids & Moms HB3379 & SB1702

see article online at www.texasgopvote.com/family/single-mother-kim-klacik-supports-texas-equal-parenting-bill-help-kids-and-moms-0015106

On April 19, 2023, Kimberly Klacik walked the halls of the Texas State Capitol. Much like her famous congressional campaign commercial where she walked the streets of Baltimore to take a stand against crime and societal ills, Kim came to walk the halls of the Texas Legislature to take a stand to help kids and society and mothers by fighting for equal parenting. Kim has seen how unequal parenting and fatherlessness has so drastically harmed kids and society in Baltimore. She knows that the majority of teen crime, school dropouts, teen pregnancy, teen suicide, and teen drug use, all come from unequal parenting homes and specifically homes where the child does not have both an equally involved father and mother. As a single mother she knows how unequal parenting harms women and puts them at a disadvantage.

When Kim heard about Texas Equal Parenting bill HB 3379 and how it has 27 bipartisan co-authors, she wanted to come to Texas to help shine a light on the need for equal parenting, and to advocate in favor of the bill.

Just like in Baltimore, Kimberly made waves in Texas too. As a black single mother advocating for equal parenting, she completely undercut the arguments of those few lobbyists who oppose equal parenting. The majority of men AND women in Texas and In America support equal parenting. The opposition of equal parenting are the Texas family law foundation lobbyists who oppose equal parenting because it will reduce conflict in court child custody battles, which leads to less money for attorneys. This has been proven in other states like Arkansas and Kentucky where court conflict has decreased following the passage of equal parenting bills. These lobbyists like to use a ridiculous argument of equal parenting only being supported by men who want to oppose women. That is why it was such a big deal to have Kim, a single mother, and the several other women, come walk the halls of the Texas Capitol last week in favor of equal parenting. Kim showed that the lobbyists are wrong. The majority of woman in fact do support equal parenting and they want their voice to be heard in support of equal parenting.

As a single mother, she knows first hand how vital the involvement of a father is for the lives of children, and how important equal parenting is for bringing equality to woman and helping single mothers.

Don’t take our word for it though, watch the following short video interview and hear from Kim Klacik herself:

Click Here to watch Video Interview with Kimberly Klacik on how Texas Equal Parenting Bills will help Kids and Moms

In the video, David Bellow interviews Kimberly Klacik, a single mother who came to Texas (from Baltimore, Maryland) to support the Texas Equal Parenting bills HB 3379 and SB 1702. Kimberly talks about how these bills will greatly help society because everyone benefits when kids have equal access to both fit and loving parents after the parents break up. Specifically, equal parenting will combat fatherlessness, help kids who are greatly harmed by unequal parenting, and help single mothers.

While at the Texas Capitol, Kim Klacik met with, or got to express thanks to, many State Representatives and State Senators who support equal parenting laws, including Senator Bryan Hughes, Representative David Cook, Representative Caroline Harris, Senator Angela Paxton, and Senator Mayes Middleton.

Harold Dutton, the Chairman of the Texas Juvenile Justice and Family Issues Committee, will decide if he will listen to the people of Texas and the 27 co-authors by allowing the bill to get a hearing and a vote, or he will decide if he wants to ignore the people and kill the bill that could help millions of lives in Texas. This issue deserves a hearing and a vote.

What is Equal Parenting and what are Equal Parenting laws?

With Equal Parenting Laws, kids in Texas would start off in court custody cases with a check box of equal time and possession with both mom AND dad, as long as they are both fit, willing, and able. This helps the kids by preserving their right to a loving relationship with both parents as the starting point when fit parents break up, as well as cuts down unnecessary court fighting over custody, when both parents are fit, willing, and able.

There is no risk to children as equal parenting would only be applicable in cases where both parents are fit and there is no domestic violence or child abuse (which the majority of child custody cases involve fit parents who just want to bicker in court fighting over who gets more time with the children instead of sharing the children). A judge would still have the ability to deviate from the equal parenting starting point based on just cause to justify deviation. Equal parenting laws are a vital issue that can help kids and unclog courts and also benefit society as a whole!

More info on equal shared parenting from David Bellow can be found at: www.EqualJusticeTaskForce.com

District Attorney Declares Marcelo Molfino UNFIT to be an Officer – Termination Report Released by Jefferson County DA Bob Wortham

FOR IMMEDIATE RELEASE 5/5/2021:

Document released by the Jefferson County District Attorney’s office show that the heads of all DA departments met with DA Bob Wortham and determined that Investigator Marcelo Molfino was to be terminated for lying, among other violations, and they found him to be unfit to serve as an officer of the court.

This DA Office Memo shows Marcelo Molfino was to be Terminated for Lying, Wage Theft, Violation of Policy, and Being Unfit to Be Officer. This is after a multi-year investigation by David Bellow. Thousands of cases could be called into question after this proof of Molfino's falsifications has been revealed.

The heads of the Departments within the DA’s office then typed up and signed this termination recommendation with a detailed description of their findings. I obtained this signed document through an open records request. I have attached this document to this article.

Marcelo Molfino claims he resigned with no issues, and the local news even claimed Molfino resigned with no issues, but that was just simply another lie by Molfino. As the document attached clearly proves, Molfino resigned after he was already set to be fired based on signed findings of termination by the heads of the District Attorney’s office. To report anything other than that is deceiving the public about a public servant who way lying and stealing and fired for it. Resignation in lieu of termination or a forced resignation is legally considered being fired.

This ends a half-decade saga, and vindicates me, David Bellow. I originally blew the whistle on Marcelo Molfino wage theft several years ago when I discovered that he was fraudulently taking comp time that didn’t seem to be earned, so that he could get paid by the taxpayers while he was doing illegal side jobs during his government day shift. The Texas DPS actually determined that Molfino had violated the law by practicing without a license with his side jobs, but the DA, his boss, refused to prosecute and overlooked the county policy violations such as side work not being cleared with the county so that there is no conflict of interest.

Marcelo Molfino then retaliated against me after I blew the whistle him. While still being investigated by the State, Molfino brought bogus charges against me and he himself even wrote, and falsified, the arrest warrant. It was a massive conflict of interest and a clear retaliation to try to shild himself from the criminal probe I initiated against him.? I fought back and all charges were eventually dismissed. The Texas Rangers then brought an investigation against Molfino and the DA’s office for Perjury and Official Oppression against me. They were going to bring charges and even convened a grand jury against the sitting DA office, but Molfino escaped charges due to the statue of limitations having just run out. Marcelo Molfino didn’t learn though. He went right back to using unearned comp time to steal money from the taxpayers.

Earlier this year, I did an open records request, and that is when I uncovered that Molfino finally slipped up in covering his tracks. He put on his time card that he was taking comp time and he listed the date the comp time was earned as a date that he could not have earned comp time because he was already getting taxpayer emergency pay to stay home and not work on that day. Furthermore, that day he said he earned comp time, he was in another city doing a side job that was not even cleared by the county.

That is theft of taxpayer money. I brought my concern to the District Attorney Open Records officer and requested more information and documents. Next thing you know, Marcelo Molfino resigns unexpectedly. Some did not believe what I was saying because Molfino gets involved in the community so as to appear to be an honest man, so I then did an information request for the records. That is what brings us to this article right now, and the attached county document that shows Marcelo Molfino was set to be terminated for the very same things I had turned him in for several years ago. The disbelief can be laid to rest. The documents show that this man who presented himself as honest was actually using his power and position to steal taxpayer money and retaliate against those who challenged him.

A community has been freed from a corrupt investigator who had intentionally used his power to oppress dozens of people over the years. One black man, Omar Daw, even spent 3 years in jail until the US Attorney released him based on Marcelo Molfino having been involved with an informant planting a gun in the Omar’s car. Molfino would frequently get parents in child custody family court cases to hire him and pay him money, and Molfino would then turn around and bring some criminal charge involving the ex of the person who paid him, which would give a leg up in family courts to the person who Paid Molfino. Molfino even testified under oath to getting paid $1500 cash from my ex-wife, Courtney Hudson. It was a family court, criminal enterprise run by Molfino and nothing short of bribery and public corruption. That is how I first came to know Molfino when my ex-wife, who admitted to being violent with me and leaving our one year old son in cars in parking lots, hired him because she was wanting to keep me from seeing my son even though I was by all accounts an amazing loving and involved father who has never even been accused of not being a good father. Molfino tried to go after me, but I fought back and dug for the truth, and now I am happy to say that I have been vindicated. The false charges Molfino brought against me have long been dismissed, but now I can finally show that what I was saying all along about Molfino was true now that Marcelo Molfino’s own department heads determined he lied and was unfit to be an officer.

This chapter of corruption in Jefferson County is finally coming to a close.

 

DA Investigator Marcelo Molfino is Fired amidst Wage Theft and Abuse of Information Allegations

Jefferson County District Attorney Investigator Marcelo Molfino has been fired by District Attorney Bob Wortham.  This occurs amidst a new round of corruption allegations. I have been exposing corruption in Jefferson County for some time now. It is important that Constitutional rights of people are not trampled by government actors, and it is important that communities can trust and respect all the good law enforcement officers out there, which is why it is important to expose the bad apples.

I recently did an open records request with the Jefferson County District Attorney’s office for pay records of Investigator Molfino. It was discovered that while Jefferson County taxpayers were paying Molfino emergency pay to NOT work during Hurricane Laura, he was also getting paid in Port Arthur, TX with tax payer funds to do catering. That double dipping is not illegal although it certainly seems unethical.

The triple dipping is where things start to get illegal.

Pay records show that after Hurricane Laura, Molfino took paid time off on 9/25/2020. He was paid his full salary by the tax payers for the time that Molfino took off because Molfino claimed “comp pay.” Comp pay is when Molfino says that he worked overtime on a day in the past but instead of overtime pay, he instead takes off time in the future and still gets paid in order to make up for the extra time he previously worked. The District Attorney’s Office has yet to ever produce any records of this secret comp time stash that Molfino frequently uses to get paid time off. However, on Molfino’s time card Molfino wrote that the comp time he was getting paid for on 9/25 was earned by working extra on 8/26 during Hurricane Laura. The problem is that Molfino’s time card from 8/26 and his pay records both show that Molfino was getting paid emergency pay to NOT work on 8/26, AND additionally we know that Molfino was in Port Arthur getting paid to cook and cater during Hurricane Laura. So therefore, it is not possible that Molfino had earned any comp time on 8/26. So when Molfino claimed comp time earned on 8/26 in order to get paid to take off of work on 9/25, it appears that it was a false statement on his pay card by claiming comp time that that could not have been earned when Molfino claimed it was earned, and therefore theft of taxpayer dollars.

Molfino getting fired comes in this middle of me waiting for additional records for the County regarding this potential criminal activity.

update: The DA's office says that Molfino resigned. That is true. He was told to resign or be fired. It is less paperwork and less bad press that way. A nonvoluntary resignation under threat of getting fired anyways is actually just simply getting fired.

But wait, that is not the only recent allegation of wrongdoing by Molfino.

Recently, a person named Mary Bond has come forward with allegations that Marcelo Molfino had falsified information in order to have her arrested. Furthermore, she alleges that Molfino used his government computer to access confidential past information and photos in order to leak those photos to a local political blogger. It is against the law to use information and government resources for private gain. It is called abuse of official information. Furthermore, it is certainly against the law to make false statements in order to get someone arrested.

Exactly how much these recent allegations played a part in District Attorney Bob Wortham finally letting Marcelo Molfino go is unknown. Maybe the recent events were just the straw that broke the camel’s back because there is a long list of allegations and information about wrongdoing by Investigator Marcelo Molfino from over the years. Molfino recently escaped charges of perjury, thanks to the statute of limitations running out, after a Texas Rangers investigation showed that Marcelo Molfino committed perjury by lying under oath on the stand. I have not done a follow up on that story yet but I will be posting the Texas Rangers report as soon as I get it. In short, Molfino had been trying to set up me, David Bellow, with false charges as retaliation for me having blew the whistle on Marcelo Molfino for practicing without a license, a Class A Misdemeanor. All charges against me were dropped, and now I try to help others, and help society, by working to expose the bad actors who abuse their trust and position they have been given by the citizens.

There will be more to come out as I get more data and information and records.

Here are some of the previous articles involving DA Investigator Marcelo Molfino and corruption in Jefferson County:

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

False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption | TexasGOPVote

DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website – TX Rangers Send Case to Special Prosecutor | TexasGOPVote

Conservative Blogger David Bellow Retaliated Against with False Arrest/Charges by Democrat DA Office he Exposed | TexasGOPVote

Texas AG Data Shows Gender Bias in Child Custody Cases – Unequal Parenting Harming Kids & Women

by David Bellow on December 15, 2020 at 12:32 PM

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Texas Equal Parenting law HB 803 should be passed this 2021 Legislative Session in order to uphold the Constitution and help millions of children being torn apart in Texas family courts due to unequal parenting standards, and reinforce equality for women.

The Constitution and the rule of law are things Texans hold dear and Texas leaders proudly support, yet in Texas family courts, the data shows a staggering violation of both. The Constitution prohibits discrimination based on gender. Texas Law goes even further by specifically prohibiting discrimination based on sex or marital status in deciding child custody cases (Texas Family Code Section 153.003).

However, the data obtained through an information request sent to the Texas Attorney General shows that as of 2019, roughly 90% or all Texas Child Custody Cases in the Attorney General database have the father listed as the non-custodial parent vs. roughly 10% of mother’s being listed as the non-custodial parent.

This data makes it clear that Texas Judges are still overwhelmingly basing child custody decisions on sex and gender, even though Texas Law and the Constitution prohibit such bias. There can’t be any other reason. In today’s world, both men and women work and have jobs at a fairly even ratio, so it isn’t the case that 90 percent of fathers work and 10 percent of mothers stay at home. Maybe that was the case decades ago, but times have changed and men and women are much more equal now, and women are closing the gap on the inequalities that might still exist. Yet, the gender equality gap in child custody cases is still drastically biased. The fact is that men and women can both care for their children equally. Both are capable of loving their children and taking them to school and feeding them and providing for their needs. Yet, the data proves that Texas Judges are still drastically discriminating and violating the Constitution and Texas Law that they are supposed to uphold.

From personal experience I can tell you there is in fact a blatant disparity in equality in Texas Family Courts that is deeply rooted in gender bias that violates the Constitution and the rule of law. I am a fantastic farther with my son and there has never been a question about my ability to be a good father, nor have I been accused of harming or neglecting my son. However, when my ex-wife became abusive and started leaving my one-year old son abandoned in a car while she had an affair and then filed for divorce, I was told I would never have a chance to get even equal parenting, much less a chance to get primary custody because she was a woman. Even if she neglected our son, I would still have an uphill fight to get a court to give me equal time and not just a non-custodial parent. My son would cry and cry not wanting to leave me because one weekend every other weekend (4 days a month) is simply not enough time for children to have with a parent, but that is the current Texas law which splits kids from parents. Children want and need both parents in their lives.

In fact, the bias is so blatant that when I went to my first temporary child custody hearing, my attorney came out of the closed-door back-room meeting and told me that the judge told her that he has only given custody to a man twice. My attorney told me that this was the judge’s way of saying that he will not rule for men. I pressed on for equal parenting because my son deserves both a mother and a father. My attorney told me I would never get equal custody because I am a man. Even in mediation, the mediator made it clear that equal custody was not an option because I was a man. This inequality is greatly harming children.

Unequal Parenting is Harming Texas Children and Holding Women Back

So we know that inequality in Texas family courts is a very real thing and the data proves it. And we know that most likely any reasonable explanation of the inequality is rooted in sex and gender bias. Texas Equal Parenting laws would help solve this blatant inequality, because it would make equal parenting the starting point for Judges to order in custody cases when both parents are deemed fit and determined to be joint managing conservators.

Why is equal parenting so important? Equal parenting is important because it will help millions of children who are hurting and will allow women to be more equal and have more equal opportunity.

Unequal Parenting HARMS Children

Sixty peer-reviewed studies prove that it's best for kids when they spend equal time with both parents. Furthermore, not only do we know that equal parenting helps children, we unfortunately also know that unequal parenting harms children GREATLY. This is especially due to the vast number of children who do not have equal time with their father. The stats and facts are shocking and alarming (see infograph above). The majority of teen crime, teen drug use, teen pregnancy, teen suicide, and even nearly all school shooters had unequal parenting and primarily no father. Most of the fatherless America epidemic that is harming children is caused by the family court system in America that incentivizes parents to fight in court over more time and use kids as pawns and force one parent out of the child’s life. Instead, the family court laws should force both parents to equally parent when both parents are fit, because this is best for the children who have a right to equal access to both fit parents.

Unequal Parenting HARMS Equality and Opportunity for Women

I recently talked to Emma Johnson. She is a leader in the single mother arena. She is an advocate for equal parenting, and runs the Facebook page Moms for Shared Parenting. She makes a compelling argument that unequal parenting creates inequality for women and is a big reason why we have the pay gap between women and men. It makes complete sense. It is much harder for women to have a solid career and advance when the family courts still believe they belong in the home and should be the ones to pick the kids up every day from school and other time-consuming activities that come along with being the primary custodian and that make it harder for women to advance as easily as men. Equal parenting laws would not only help the kids, but it would also help create a more level playing field for women by sharing the responsibility and time with children equally between men and women so that both men and women are on a level playing field. In fact, Emma Johnson created a video which really highlights the benefits to women with equal parenting.

Equal Parenting is a NOT a partisan issue. Both Republicans and Democrats Support it. Kentucky passed it in bipartisan fashion and Conflict has gone way down!

Equal Parenting is not about politics; it is what is best for kids. It is not a Republican issue or a Democrat issue. It is an issue that transcends political parties. Both sides of the aisle know it is best for kids. We even now have undeniable facts from other states such as Kentucky which recently passed equal parenting laws with near unanimous support from Democrats and Republicans. So far, in not much more than a year after passing equal parenting laws in Kentucky, filings in backed up family courts went down 11 percent so far, and domestic violence is down as well! Parents don’t fight as much when the law does not give them an incentive to fight because the parents know they will just need to get along and share their children.

In addition to it being best for the children, Republicans and Democrats might have different reasons for agreeing with equal parenting that have to do with their core beliefs. Republicans might tend to support equal parenting because they lean more towards a traditional family setup of a kid having one mom and one dad raising them. Democrats might tend to support equal parenting because it is an equality issue for women and helps them advance more equally in the workforce as men. Regardless of what the reason is from either side of the aisle, the important thing is both sides overwhelmingly support it.

Not only is Equal Parenting best for kids, but it is a chance for Republicans and Democrats to come together and pass a bipartisan bill.

It is time that Texas passes equal parenting bills. The only opposition is the Texas Family Law Foundation, and they make their living due to people being in constant conflict. We must move past that special lobbying interest and do what is best for society and for children and even what is best for women. We must stop allowing courts to base their rulings overwhelmingly on sex and gender in violation of the Constitution and the rule of law. We must pass equal parenting laws.

HB 803 is the current Texas Equal Parenting bill for the 2021 Texas Legislative Session. Call your State Representative and State Senator now and ask them to support this bill, and sign on as a co-sponsor, and make sure it gets to the floor for a vote and is not killed in committee.

DA Bob Wortham Escapes Grand Jury Indictment despite evidence of Official Oppression against Rival David Bellow

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Former US Attorney and current Jefferson County District Attorney Bob Wortham narrowly escaped a grand jury indictment and criminal charges today, and I, David Bellow, reach the culmination of my vindication after having been falsely charged and then got the charges dismissed and then turned the tables to expose the corruption of the District Attorney’s office that falsely charged me ending with the District Attorney himself facing a Grand Jury to determine whether or not to indict the district attorney for his corruption. The Texas Rangers had compiled substantial evidence of DA Bob Wortham having committed official oppression and abuse of office when he falsely charged me in a politically motivated prosecution after I blew the whistle on the criminal activity of his DA Investigator Marcelo Molfino. Wortham then used the false charges to demand that I stop investigating and speaking out against the corruption in his office.

Getting a local Jefferson County jury to indict such a high-profile, long-time public figure was always going to be difficult. Make no mistake this is a victory for the fight against corruption in Jefferson county. No other sitting Jefferson County District Attorney has ever even had to face a grand jury. Regardless of the outcome of the grand jury, the Texas Rangers investigated a sitting district attorney and found evidence of official oppression and abuse of office. They believed the evidence to be strong enough to then have a special prosecutor appointed who did not toss out the case and instead found it credible enough with proof of criminal activity to present to a grand jury. The Texas Rangers report will be obtained and released and the facts and history will show that Bob Wortham politically prosecuted me with false charges that were ultimately dismissed simply because he wanted to shut me up after I exposed the criminal activity within his office. Not only have all charges against me been dismissed, but the District Attorney’s office has been exposed for their corruption. For whatever reason the grand jury decided against prosecuting Bob Wortham and it might have been a simple technicality or it might have been statute of limitations or just a couple of Bob Wortham political supporters on the grand jury, but the facts of the case will never be erased and the facts show corruption within the district attorney’s office. This exposing of corruption will hopefully put an end to their corrupt practices and will help others who have or are being victimized by the corruption of Bob Wortham’s district attorney office.

I hold my head high today knowing that I have been vindicated and Bob Wortham has been exposed and the facts and proof were uncovered that show the corruption of Bob Wortham’s District Attorney office by the independent investigation of the Texas Rangers. He might have escaped the indictment, but the main goal was accomplished which was that he got exposed and had to publicly face questions about his actions. This will help put an end to his corrupt practices and will help many others who might have been future victims.

Previous related articles:

DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website – TX Rangers Send Case to Special Prosecutor

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

False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption

Breaking TX Rangers Report! DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website – Case sent to Special Prosecutor

Breaking Texas Rangers Report! Jefferson County DA Bob Wortham Falsely Charged David Bellow in Bribe to Obtain Political Website bobwortham.com – Texas Rangers Investigate and Send Official Oppression Case to Special Prosecutor - District Attorney Wortham likely to face Grand Jury

by David Bellow on July 24, 2020 at 8:51 AM

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Jefferson County District Attorney Bob Wortham has been under investigation by the Texas Rangers for, among other things, bribery and pay to prosecute, official oppression, and abuse of power for crimes committed against political rival David Bellow (read below for specific details). The Texas Rangers completed their investigation and sent the case to a Special Prosecutor, and elected San Jacinto County District Attorney, Robert Trapp. The special prosecutor has the choice to dismiss the case, or present the case to a grand jury. Given the crisis in America with abuse of power by those in office causing distrust of officers, it is vital that DA Bob Wortham is brought to justice for his crimes so that Americans see that even those in power must follow the laws. Bringing the bad guys with badges to justice will help the community trust law enforcement and will allow the many good officers out there to be respected and be able to do their jobs.

I know about all of the details of this case because I am the victim of this abuse of power and official oppression. Wortham falsely charged me to shut me up. After all the false charges against me were dismissed, I took the evidence to the Texas Rangers who then opened up a case against DA Bob Wortham and Investigator Marcelo Molfino. I have kept quiet about the specific details of this criminal case while the Texas Rangers were investigating so that evidence didn’t get interfered with, but now that the investigation by the Rangers is completed, it is time the details got revealed. Part one of this public official criminal scheme was posted earlier this month: Investigator Marcelo Molfino Committed Perjury against David Bellow – Texas Rangers Submit Report to Special Prosecutor. That story detailed the perjury of Bob Wortham’s DA investigator Marcelo Molfino. I also previously wrote an article with an overview of the situation: False Stalking and Perjury Charges against David Bellow DROPPED – Texas Rangers Investigating DA Bob Wortham for Corruption. Now it’s time to reveal the shocking details of the criminal activity of Bob Wortham that the Texas Rangers investigated and submitted a criminal case on.
So what did DA Bob Wortham do exactly? In short, he tried to falsely prosecute me and used it as leverage to then demand that I sell him a private political website in exchange for him dropping the false prosecution. 

It all started a few years ago when I was going through a divorce. My ex wife had been leaving our one year old son in cars in parking lots while she had an affair. She might not have fared too well in our child custody case, so she then hired DA Investigator Marcelo Molfino to try to dig up dirt against me. I turned in Marcelo Molfino for doing private investigation without a license. The Texas DPS determined that Molfino was in violation of a Class A misdemeanor. Molfino’s boss is Bob Wortham and Bob Wortham refused to prosecute his investigator Molfino. Next thing you know, I get arrested and charged by DA Wortham and his investigator Molfino. I knew it was done in retaliation for me blowing the whistle on Marcelo Molfino. I had not committed any crime and I knew they wanted to silence me.

I didn’t let them silence me though and I fought back. That got me digging even more into Marcelo Molfino and Bob Wortham and I uncovered even more criminal activity by Molfino that Bob Wortham knew about and was covering up. I started doing records requests for DA office public records, and I bought BobWortham.com to post the details of the criminal activity of elected official Bob Wortham and his Investigator.

After the main charges they brought against me got tossed out, there was only one misdemeanor left against me and I was going to fight to expose the truth and get that false charge tossed out too. However, this final charge was the last of the leverage Bob Wortham had against me in their quest to silence my first amendment Constitutional rights. That is when they made their move. My attorney got a message from the DA’s office telling me I could get an eventual dismissal of the final charge in return for me selling the DA my political website and agree to drop my information requests connected to their criminal activity.

I distinctly remember when I heard about this, the first thing I told my attorney was that what they wanted was illegal and a bribe. The DA was requesting something of private personal value from me in exchange for an official prosecution decision. Not only was he holding false charges over my head in exchange for him getting something of value from me, but the bribe offer proved what I knew all along and that was that the DA was attempting to prosecute me as retaliation for me speaking out against him and their end goal was to simply silence me.

I was a great plan, to put someone against the wall and offer them easy freedom if they pay the DA what the DA wanted. The problem is I was innocent and I don’t give up standing for what is right. The first thing I did was call the Rangers and tell them I was offered a bribe by DA Wortham. The ranger I talked to said that basically there is no solid evidence unless I go along with it. I would have to go along with the bribe deal in order to take this corrupt DA down once and for all. No matter what, I was never going to admit guilt for something I didn’t do, nor was I going to be found guilty. So the DA really wanted that website and offered me to NO CONTEST for deferred adjudication dismissal which means no guilty plea and no guilty final adjudication and in 6 months the case gets completely dismissed. If I didn’t take the deal I would be fighting for another year to be found not guilty and I might not get solid evidence against the DA. If I took the deal I get the charges dismissed and no admission or finding of guilt and I get the evidence I need to take down the corrupt DA. Then after I prove the illegal activity of the DA, I could then file to have everything against me tossed out, even the deal, based on the deal, and the underlying charges, having been part of a political prosecution and part of the illegal activity of DA Bob Wortham and Marcelo Molfino.

So I go along with the bribery offer in order to get the evidence I needed to bring to the Texas Rangers. Sure enough, right after the deal was done I got a request from GoDaddy telling me someone wanted to by my website for $200. I ask GoDaddy to confirm that the offer to buy the website was part of the DA prosecution deal. GoDaddy confirmed this for me. So I sold the website and went to the Texas Rangers. Also part of the deal was that I not use my first amendment right to get public records from the DA which could show possible Criminal actions by the DA’s office. So I abandoned those records requests.

The Texas Rangers sent an out of town ranger from the Austin public corruption unit. He did a thorough investigation. The DA had given the evidence needed to prove the corruption. Would you believe the DA’s office sent a text with the bribe details? That literally sent it in a text that I could print out! If they are that bold and feel untouchable to send their criminal activity details in a text, I hate to think of what other corruption they are involved in that they are hiding. For starters, I do know from multiple credible sources that when the Feds stopped a big time illegal gambling ringleader Larry Tillery, the first person Tillery called from his car was Bob Wortham to have him call the officers and cease the traffic stop. Tillery was convicted and sent to jail, and maybe there is a case out there the feds are working on against Wortham too with the wire tap tape recording they have of the call. 

So to wrap things up, the Rangers investigated DA Bob Wortham for the crimes committed against me. The public copy of the Texas Rangers investigation Report confirms that DA Wortham and his office are under investigation for abuse of power and official oppression against me related to the political website bribe. (see report below). Now that investigation has been turned over to the Special Prosecutor. If a grand jury sees the facts and evidence that I have seen, I have no doubt there will be an indictment of sitting Jefferson County District Attorney Bob Wortham. 

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

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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.

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.

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

by David Bellow on January 22, 2020 at 12:04 PM

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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

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

click here for story on Texas GOP Vote: https://www.texasgopvote.com/family/texas-supreme-court-decide-if-unborn-baby-should-get-medical-care-paying-court-0012162

by David Bellow

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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 9^th 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.