A Plot To Control The Bench

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“The Club’s” Code Words: “KEEPING  THE POWER DRY”
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… JUDGE MARISELA SALDANA’S CAMPAIGN WORKER THROWS AWAY ABOUT 500 COPIES OF EL DEFENZOR FROM THE COURTHOUSE & BRAGS ABOUT IT TO STAFF

 

Corpus Christi/Nueces County, TX

Judge Marisela Saldana (a candidate for the 148th District Court) and John Martinez (a candidate for County Court At Law #3) have been chosen by a very powerful downtown “Millionaire Lawyers Club” as the recipients of their investment in the Judicial Bench. These are just two candidates “The Club” wants in the respective seats. Please read on to learn why.

  

 

 

 

 

One of the most severe errors a person can make is assuming that one will always receive a just and impartial trial from an unbiased judge here in Nueces County. The problem of bad/corrupt judges, defined as those who deliberately disobey and/or abuse their oath of office for whatever reason (bribery, blackmail, political allegiance, personnel bias, etc) has plagued the regional courts. 

   It seems as though a few judges regard their oath of office as a mere ritual to be handily ignored as soon as they occupy their chambers.  Once comfortably in place in their courtrooms, they take on the mantle of demigods and proceed as if they have carte-blanc to do as they please.  Instead of objectivity administering true justice, they rule according to their personal biases and political allegiances, legislating from the bench with a wave of the hand, confident in the knowledge that their misdeeds have scant chance of ever reaching the Supreme Court.

 Case in point. Judge Marisela Saldana (who currently is serving as County Court At Law #3 and is seeking a seat in the 148th District Court) not too long ago was taken to court by an Afro-American (by the last name of Watson) who accused her of abusing her authority and even poking his chest. The charge of “official oppression” was never allowed to be considered seriously because the case landed in a courtroom of a judge whom she had helped politically in the past.  

    The Defenzor newspaper revealed in the first part of this specific series about a week ago that there have always been suspicions that a downtown power group of “millionaires” has been attempting to influence the judicial bench, the day-in and day-out functions of the courthouse, and specific judges that are receptive to their power agendas or financial incentives. However the objective data or proof has always been miniscule or lacking.  Part I of this series revealed – beyond a doubt -- that millionaire Injury Lawyers that have amassed mammoth fortunes (especially in Nueces County and South Texas) from the pain and suffering and injuries of the poor and disenfranchised and working class of the region (mostly Hispanics) are now clearly utilizing the courthouse to perpetuate their monopoly on power. “They are trying to crush the little guy,” one downtown attorney told El Defenzor, “They are relentlessly trying to tear down parts of the structure that ensures they abide by the rules of fair play.”

   In October 15, 2003, an email by Power Broker Attorney Mikal Watts was obtained by a local publication that glimpsed at such political dictates. It reads: “Crew: … Vilma Luna is our hero, and Jaime Capelo is our enemy. First, Vilma wisely established a working relationship with Republicans in control of the House. Second, she arranged for me and her to have a meeting with rep. Joe Nixon, the author of H.B. 4, and did an outstanding job negotiating with him to save our practice. Third, I wrote an amendment that created large exceptions to the products bill as originally written, including exceptions re: adequate standards, misleading the government, or failing to warn of defects, and she caused Nixon to meet with us, and to actually consider it… At 12:30 a.m. this morning the house passed H.B. 4 with Vilma’s amendments in it.”

  However the above email is politically inconsequential and now even considered miniscule by many readers when they compared it to the new documents and information cited by this newspaper – in addition to, oral interviews officially taken from persons that consistently work inside the courthouse and others who are affiliated with prominent law firms. From “delicate interactions” with a few of the Millionaire Lawyers to outright glimpses of game plans to “filthy backroom” deals have been shared and will be shared with our readers in the next few additions when we begin a new series.

   When rumors began to circulate in April of last year that District Judge Rose Vela would not be seeking reelection to the 148th District Court, this “Millionaire Lawyers Club” or powerbase began to plot an orchestrated attempt to influence the judicial bench.  To illustrate this point, in our last edition we cited an email by Attorney Mikal C. Watts send to the organized “powerbase”:

 

Subject: RE: Keeping Our Power Dry on the 148th

Date: Monday, April 18, 2005 7:36 AM

From: Mikal C. Watts mcwatts@wattslawfirm.com

To: David Perry dlperry@perryhaas.com, Williams Edwards <

wedwards@edwardsfirm.com>

Cc: Attorneys – Corpus Christi attorneys-cc@wattslawfirm.com, Brantley White <bwhite@swbtrial.com>, Craig Sico csico@swbtrial.com, Doug Allison <doug@dallisonlaw.com>, Jeff Wigington jwigington@wigrum.com, Kathy Snapka <ksnapka@snapkaturman.com>, Roger Braugh rbraugh@swbtrial.com

 

Marisela Saldana is going to go. She called asking my advice, and you guys can Expect similar calls shortly.

Others rumored:

Robert Pate

David Jones

John Martinez

Elbert Ocanas

Hector Rene Gonzalez

David Huerta

 

What does everyone think about a meeting two Fridays from now to discuss a plan of action?

 

Mikal

 

 

Of course there were other  emails that predated the above. One was drafted on April 13 of last year. Please read it carefully; it reflects the “organized” agenda of the power base.

 

RE: Keeping Our Power Dry on the 148th

I totally agree

 

-----Original Message -----

From: Mikal C. Watts [Mailto:mcwatts@wattslawfirm.com]

Sent: Wednesday, April 13, 2005 6:28 PM

To: David Perry; Edwards, William; Craig Sico; Doug Allison; Roger Braugh; Brantley White; Doug Allison; Jim Ragan; Jeff Wigington; David L. Rumley; Kathy Snapka; Attorneys – Corpus Christi

Subject: Keeping Our Power Dry on the 148th

 

Perry/Edwards/Sico, White Braugh/Wiginton, Rumley, Allison, Ragan, Watts Law Frim Attys:

 

I am in trial right now, and in 15 minutes after court, received 7 phone messages from prospective candidates from the 148th. I suspect each of you received such calls today. My strong suggestion is that no one commit until we all get a chance to get together to discuss this. We operate with a lot more clout and effectiveness when we operate together. Let me know anyone’s thoughts.

 

Mikal

 

There was a response to Mikal Watts’ email:

 

On 4/13/05 7:23 PM, “David Perry” dlperry@perryhass.com wrote:

 

I am also in trial and also agree entirely.

Who is interested?

Thanks

 

DLP

“Edwards, William” <wedwards@edwardsfirm.com>

 

But the most amusing email came from Attorney Doug Allison who opened admitted his frustration with a failed past election of one of his sponsored Hispanic candidates and its resulting repercussions of having lost a sizeable amount. The email reads:

 

Subject: RE: Keeping Our Power Dry on the 148th

Date: Monday, April 18, 2005 7:58 AM

From: Doug Allison Doug@dallisonlaw.com

To: <JIMRAGAN@aol.com>,  mcwatts@wattslawfirm.com, dlperry@perryhaas.com, wedwards@edwardsfirm.com

Cc: attorneys-cc@wattslawfirm.com, bwhite@swbtrial.com, csico@swbtrial.com, drumley@wigrum.com, jwigington@wigrum.com, ksnapka@snapkaturman.com, rbraugh@swbtrial.com

 

Gentleman:

I have been away from my emails for a bit, and thus not weighed in on this discussion (except my phone conversations with mikal).  Here are my thoughts (my 2 cents).

 

First and foremost, I want everyone to be spending money on the same candidate for the 148th.  I am on board for this goal ….. completely.

 

As many of you know, I just finished dumping a chunk of money into john martinez (in the city counsel race).  I think that we got john’s name into the public eye in a very positive way, and this has value (and is worth considering).  This may be valuable for the 148th, or for the purpose of having john run for saldana’s position (if this is a good choice).  I will obviously abide by the group’s decision on all of this, but I wanted to throw this out on the table.

 

Let’s all talk when we can……. Subject to the on-going trials.

Thanks

Doug

 

----Original Message-----

From JIMRAGAN@aol.com [mailto:JIMRAGAN@aol.com]

Sent: Mon 4/18/2005 7:41 AM

To mcwatts@wattslawfirm.com; dlperry@perryhaas.com; wedwards@edwardsfirm.com

Cc: attorneys—cc@wattslawfirm.com; bshite@swbtrial.com; csico@swtrial.com; Doug Allison; drumley@wigrum.com; jwigington@wigrum.com; ksnapka@snapkaturman.com; rbraugh@swbtrial.com

Subject: Re: Keeping Our Power Dry on the 148th

 

Sounds good  

 

 

There were other names thrown into the political pot of consideration by the “Millionare Club” although they were not recruited for the current races. Attorney David Bright writes in an email addressed to the clique:

 

Subject: RE: Keeping Our Powder Dry on the 148th

Date: Monday, April 18, 2005 10:57 AM

From: David Bright dbright@wattslawfirm.com

To: drumley@wigrum.com, “Mikal C. Watts” <mcwatts@wattslawfirm.com> , David Perry <dlperry@perryhaas,com>, William Edwards wedwards@edwardsfirm.com, John Gsanger jgsanger@edwardsfirm.com

Cc: Attorneys – Corpus Christi attorneys-cc@wattslawfirm.com, Brantley White bwhite@swbtrial.com, Craig Sico csico@swbtrial.com, Doug Allison doug@dallisonlaw.com, Jim Ragan JIMRAGAN@aol.com, Doug Allison doug@dallisonlaw.com, Jim Ragan JIMRAGAN@aol.com, Jeff Wigington jwigington@wigrum.com, Kathy Snapka ksnapka@snapkaturman.com, Roger Braugh rbraugh@swbtrial.com

 

By the way, it is my understanding that both Elbert Ocanas and David Huerta would only run for the 148th if Marisela did NOT. Otherwise, they will run for Marisela’s vacated bench on Co. Ct. 3.

 

Also, someone named Patrick Martinez is thinking about running for the 148th. I think he would run as a Democrat. I know nothing about him.

 

David Bright

Watts Law Firm, L.L.P.

Tower II Building, 14th Floor

555 North Carancahua Street

Corpus Christi, Texas 78478-0801

Telephone: (361) 887-0500

Toll Free: (888) 997-0560

Facsimilie: (361) 887-0055

dbright@wattslawfirm.com

 

On 4/18/05 9:51 AM, Drumley@wigrum.com ,drumley@wigrum.com>worte:

 

sounds good.

 

The emails indicate that these affluent attorneys led by Mikal Watts are attempting to consolidate their power in order to put the judges they want on the bench.  Marisela Saldana, John Martinez and a few others. 

   Will “Grassroots Politics” become something of the past? Since September 2003 since House Bill 4 took effect, many powerful trial lawyers are trying to influence the bench and most likely are searching for judicial candidates like John Martinez that accept huge contributions from such powerful attorneys as Doug Allison who live in mansions and who color their signs with the same hue selected by the elite group that runs Spohn Memorial Hospital. It should be considered blasphemous for Martinez to exploit the Catholic symbolism in an attempt to sway Hispanic voters to his side. Just ask the question why are his signs in front of almost every hospital controlled by Spohn? What attorneys  sit on the elite boards of the mentioned hospital that reinforces the muddled ethical fiber?  Think about it.

   Also a reception for John Martinez will be held about three days from now – barefacedly – on Thursday, February 9 at the home of Doug Allison (4920 Ocean Drive). The following are just a few names that appear on the host committee: Watts Law Firm, Wiginton, Rumley, Perry & Haas, James Ragan, Steve Hastings, Danny Tower, James P. “Buddy” Bell. All attorneys that orbit in the concentric circles of “The Club.”

  There have been a few judges in the past that have bragged that they run huge tabs at the HAVANA CLUB (downtown) and are picked up by silent parties. However, there is a price, some of these judges it has been alleged are then ask to sign “midnight orders” of many a case.

  When this publication put out its last edition (which carried Part I of this story), about 500 copies at the Nueces Courthouse were thrown away in the trash by an Hispanic attorney’s sister-in-law (a clear attempt to suppress the story and damage the business) and many other Defenzor copies throughout the Corpus Christi also mysteriously disappeared. The sister-in-law in question works at a law firm (the firm is located in the same building where Mikal Watts has his). This dodgy lady that likes to sycophant to “The Club” that threw copies of El Defenzor away is an integral part of the “inner core” of Marisela Saldana’s Campaign and is affiliated with what has been referred to as the “peon rung” of the Mikal Watts’ machine. One source stated: “She allegedly went to mama Watts (i.e., referring to Sandra Watts) with a bunch of copies of the Defenzor and said: ‘Just to let you know we are taking good care of your son.’”

  But Mikal Watts (and some of his associates) have been implicated in the “disappearing of newspaper copies” before – even though the person that did it was never caught. On February 23 and February 24 of last year, the San Antonio Express-News ran articles entitled “Juror’s relationship with lawyer (working for the Watts Law Firm) stalls Ford trial” and another entitled “Mystery man attempts to keep Crystal City in dark about trial.” These articles point out not only the gross tactics and implicated impropriety used by the Watts Law firm to attempt to influence a jury in reference to a case that was heard in Crystal City, Texas against Ford Motor Company but also of attempting to suppress the media. The latter article writes: “An unknown man in a sport utility vehicle snatched up all copies of the San Antonio Express-News sold at newsstands in Crystal City on Wednesday, the day an article about a multimillion-dollar trial revealed a juror’s romantic relationship with one of the lawyers (affiliated with the Watts Law firm).   

  To share a few bytes of a pertinent business arrangement made here locally. A few years ago (mid-1990s), Marisela Saldana (after being installed as a judge) sold her law office (which is located a few blocks from the courthouse) to a couple who are attorneys.  Court archives reveal that one of these attorneys who brought the property was given court appointments by Judge Saldana after the transaction. Did such appointments provide a robust financial compensation to make payments on the purchased property? This needs to be investigated in detail.     

   It is truly sad that power can corrupt even the one who resides in the highest level of the pyramid of justice.  Nowhere is this more evident than with some of the judges who operate from the Nueces County Courthouse. Time after time, County Court At Law and District and Appellate Court judges ignore Supreme Court rulings, misinterpret statutes whose meaning is perfectly clear, and bully litigants, pro se litigants and witnesses. But, despite all the injustices, let us not forget the Mexican saying: “La subida mas alta, es la caida mas dolorosa” (The most painful climb can turn out to be the most painful fall).

  Unfortunately for the public and the integrity of the entire judicial system, many corrupt lower court judges blatantly ignore Supreme Court rulings that are contrary to their own agenda that many a time seems to be in partnership with a certain powerbase of Trial Injury Lawyers.  Not only do they calculatedly pervert the path of justice but in so doing they create flawed case law, which may be consequently cited by other lower court judges.  This practice leads to a vicious cycle in which one erroneous ruling is piled on top of another, forming a judicial 'cancer'.

   Extensive interviews (with both attorneys and laymen) suggest that if it appears that one is dealing with one of these few dishonest judges, it is really imperative that one at once rid oneself of any fantasy that he/she will spontaneously become impartial later in the proceedings.  Once a judge reveals his/her dishonesty, you must take a stand.  Corrupt judges are a serious threat to the fabric of Nueces County and South Texas and it is your patriotic responsibility to deal with the problem with all the power at your disposal.

  Judge Marisela Saldana has a seamy reputation for making defendants pay their fees and fines even if they are considering pleading not guilty. Attorney X (this pseudonym to protect his identity) insights: “I have heard from victims that Judge Saldana takes these defendants that are claiming to be innocent into a room and then scares them stiff by stating that if they hire attorneys to attempt to proof their innocent they will only spend needless money in that they will more likely be found guilty by her.”    How is such a practice functional for a judge? Attorney X explained: “This way she does not have to work hard the rest of the week.”

  The post of Judge can also have perks. District Judge Sandra Watts when she took office in 2003 or so immediately requested a computer/laptop docking station (for the office/bench) – the cost is estimated anywhere from nine to eleven thousand. No judge at the time had such a system. Then again, Judge Watts was in good terms with the County Judge of the day. Or as one source put it: “When Moma Watts wants something, many are afraid of ‘The Club’ if she is told ‘No!’.

  Word is also circulating in the courthouse that when Marisela Saldana was initially going to run for the post that District Judge post that Sandra Watts now occupies, she was persuaded by “The Club” that she would have their support when she ran for a similar office at a future date.

  Judge Saldana is not a poor woman. She has a house in Doddridge area  of Corpus Christi as well as one in Georgetown (near Austin). She also bought a home in Padre Island.

  Some of the judges at the courthouse have taken the Justice System from the citizens of Nueces County and placed it into the hands of unethical and dishonest and bad judges and under the influence of cunning Downtown Millionaire Trial Lawyers that have no fear of the penalty and cost because they are protected from any serious discipline and liability by their  fellow judges and the “Millionaire Lawyers Club.”  One attorney at the courthouse told El Defenzor: “Our system is no longer a showground where you must fear being on the wrong side of the law for it does not matter if you are on the wrong or right side of the law, it only matters if your on the wrong side of the judges’ agenda.” 

  One female attorney – whom we shall refer to hereafter as Ms. Y, injected: “A few of the female judges here in courthouse have complained that Judge Saldana refers many of her  cases  to County Court At Law judges such as James Klager and Robert Vargas when these two judges already have their own workload. A few of the female judges disapprove of her lack of Saldana’s work ethic.”  Court records obtained by various parties indicate that Judge Saldana has a history of arriving on many an occasion late to work: “at 11 a.m.” and at even at “1:30 p.m.”).

  Attorney X alleged: “It does not matter if the Constitution or the law is on one’s side, it only matters if you have enormous money as ‘The Club’ does and the judge is on your side.  Many are unaware of this because they have not had to undergo it.  It is also the unawareness of the public that has allowed the judicial system to become so shady and dishonest and corrupt.  It is the education of the public of the abuses in our courts that will be the only means to restore truth and justice to our courts.’

  Attorney Ms. Y added: “Most voters I believe don’t differentiate between female judges; thus other female judges have complained of Saldana for the reasons cited.”

  But the threat of “The Club” is arguably more alarming. Some are claiming that their influence is starting to extend not only to the sanctified parameters of the bench but even beyond: it is beginning to penetrate the various layers of the system. The most alarming scenario now would be to eventually determine in which court the cases filed by members of “The Club” will land – if it has not do so already. Venue shopping? Their influence has reached media figures; some affiliated with the Coffee Club, even some of the leadership of civil rights organizations. It is beginning to sip into the police officers and the firefighters associations. The Democratic Party has been, in the last few years, been kept unstable and fragmented by such influences according to many party activists.   Their influence is not only regional but spreading state wide. An article in the Dallas Morning News in July 20, 2003 listed 21 law firms of Texas lawyers heading the list of funding to Save Texas Courts, a group fighting Proposition 12, which would limit awards in medical malpractice cases (7 out of those 21 listed were from Corpus Christi – Mikal Watts, Guy H. Allison, Constant, Law Offices of Thomas J. Henry, and Sico, White & Braugh, and The Edwards Attorneys.

   Many honest citizens are losing their homes, their children, and their freedom not because they disobeyed the law but because bad judges have their own agendas.  They are writing their own laws, ignoring legislative laws, disregarding Supreme Court decisions, and swaying their decisions to favor parties such as “The Club” that will further their careers.  

  The egotism and overconfidence of some of these attorneys who are members of “The Club” can be disquieting. Case in point: Mikal Watts. He writes in a letter addressed to the attorney who is defending American Electric Power (former CP&L): “Dear Don: … After repeatedly consulting with clients, I now have been authorized to extend to you’re their combined settlement of $60,000,000.00 The article in this morning’s paper, and the fact that AEP is self-insured, remind me that you will most likely need to travel to Columbus to get the very large amount of settlement authority it will take to settle this case. In this regard, I am preparing a videotape settlement brochure for your client’s consideration… First and foremost in any lawsuit the quality of the plaintiffs, and the jury appeal they will have the case need to be tried… My evaluation is that I have a squeaky clean plaintiff who every jury I could draw from the jury pool will absolutely love. Sam is the truest of gentlemen, and due to his vocation, is extremely eloquent and well-spoken in vocalizing his grief and damages caused by the loss of his wife… a true saint.”

  But the most disturbing part of Watts’ letter is that he refers to Nueces County and South Texas as a dangerous place to try a case (implying that he controls the odds of the ruling of the courts); he continues: “Second in importance in the evaluation of the settlement value in any lawsuit is venue. I believe it is wise for the individuals in Columbus who will evaluate this case to remember ‘Toto, we aren’t in Kansas anymore.’ … South Texas venue by itself makes this a very dangerous lawsuit. When combined with admitted liability and the damages evidence we have in this case, this case is a disaster waiting to happen for AEP. In discussing venue, the most relevant consideration is the verdict and settlement history. Of course, the best cases typically get settled, and the other cases get tried. While I can tell you that his firm has many different eight-figure settlements in cases that were litigated in South Texas, those settlements amounts are confidential, and cannot be shared. Nonetheless, the verdict history of south Texas is sufficient to give the responsible individuals at AEP an idea of what will be coming their way if they fail to settle this case… (1)$139 million judgment in Nueces County refinery case… tried by myself in the summer of 2000, resulted in the jury returning a $122,500,000, for which Hon. Martha Huerta, rendered a judgment on the full amount.”

  Watts warns of other cases, for AEP, to serious consider: “(3) $106 Million verdict in a single death case. This case was styled Durrill v. Ford Motor Company, and was tried by my old law partner, David Perry, in the 94th Judicial District Court in Nueces County. The case was affirmed by the Corpus Christi Court of appeals with a remittitur, and then settled for a confidential amount.  (4) $103.2 million verdict in gas pollution case… (5) $100 million verdict in pesticide case… (6) $86 million judgment in a double fatality case… (7) $80 million verdict in ‘Patch-A-Flat’ tired by my good friend… resulted in an $80 million verdict for a lady who was burned… (8) $77 million…. (9) $67 million…. (10) $59 million… (11) $59 million verdict… (12) $43 million verdict… (13) $42 million verdict in an oilfield injury case. Again, this case was tried by my old firm. It was styled Caballero v. Esenjay, and was tried to a verdict of $42 million in the 28th Judicial Dist. Court of Nueces County, Texas. It was settled on appeal… (14) $42 million verdict in Jim Wells County… Guy Allison, tried this case, styled Zapata v. Morehouse.… (15) $33.5 million verdict in a bendectin case tried in Corpus Christi… (16) $30 million verdict in a single wrongful death case involving a Honda 3-wheler ATV flipping… by Bob Hilliard and my law partner, Craig Sico, together with another lawyer from Houston…. (17) $27 million verdict in a crane-related death. … tried by Jim Post in the 347th Judicial Court of Nueces County… (18) $26 million verdict in in a falling merchandise injury case… by my old firm in front of Hon. Vernon Harville in Nueces County… (19) $26 million verdict… (20) $25 million… (21) $20 million insurance band faith… (22) $20 million… (23) $20 million verdict in a single fatality truck wreck… (24) $20 million verdict in Nueces county in Nueces County in defamation case…. In 2000 before Hon. Martha Huerta by Justin Williams and Pat Kasparitas…(42) $10.2 million verdict”

  One Hispanic lawyer who runs an office near the courthouse said: “It is time ‘We the People’ terminate Judicial Corruption and Immunity  The Judicial system was originally intended to be the most politically weak branch of our government.  In Nueces County, where I practice, this branch as operated by a few judges I am saddened to say makes life and liberty decisions not based on our Constitution and laws but on personnel bias.”

  The source cited above continues: “Judges cannot be sued for their errors, they have personally written laws to disallow it.  The only means of recourse are state Judicial Tenure Commissions.  These Commissions receive tens of thousand of complaints each year against judges yet only reprimand less than one percent of those complaints.”

  Consequently, the U.S. citizens must endure a long and costly process to receive their rights and justice.  Many cannot afford the costs of this process or cannot take the time.

[Note from El Defenzor staff: “Stand up to this injustice before someone you love or you yourself must endure this abuse.  Write your  State Representatives and Senators demanding accountability to judges and attorneys.  This problem will not get better, go away or be taken care of by someone elseEVERY American must stand up for their Constitutional Rights. Demand truth and justice return to our courts.  Put a stop to bad judges and bad lawyers.” 
  You can get contact information from you Congressman at www.house.gov and Senators at www.senate.gov.  It is also important to notify the various Committees on the Judiciary, which can be contacted at:


U.S. House of Representatives

Committee on the Judiciary

2138 Rayburn HOB

Washington, DC  20515


http://www.house.gov/judiciary

U.S. Senate

Committee on the Judiciary

224 Dirksen Senate Office Building

Washington, DC  20510]