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CISNEROS FILES FOR UNEMPLOYMENT BENEFITS AGAINST CAMERON COUNTY
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By <strong>Juan Montoya</strong><br />A candidate for Cameron County Sheriff is filing an unemployment claim against Cameron County alleging he was terminated without cause after Pct. 2 Constable Pete Avila said he was campaigning during working hours at the judicial wing of the county courthouse, among other things.<br /><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhDPzXz91khyD71_kNnjfXtlD0Raa8uRfm2H-U3XW5lf3VLtZ751o45-nfmr3qjFggmOYG6U9FzAREZR6PG4XDd6qPhHaU8vE8Iz1JxBWhjLrAny3HLev-3UOrv14L-a-lL4TqgK1rVRnM/s1600/cisneros.jpg" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhDPzXz91khyD71_kNnjfXtlD0Raa8uRfm2H-U3XW5lf3VLtZ751o45-nfmr3qjFggmOYG6U9FzAREZR6PG4XDd6qPhHaU8vE8Iz1JxBWhjLrAny3HLev-3UOrv14L-a-lL4TqgK1rVRnM/s1600/cisneros.jpg" yda="true" /></a>Jose A. Cisneros, who is running against incumbent Omar Lucio, is scheduled to have an unemployment compensation hearing in his claim against Cameron County Wednesday. He claims that he was terminated without cause by Avila and has submitted affidavits from two other former bailiffs to support his claim before Texas Workforce Hearing Officer C. Geppert. </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">One of the affiants is none other than Alfred Petraca who, rather than patrol the courthouse parking lot as he was directed by Avila after the county commissioners placed the 11 courthouse bailiffs under his jurisdiction, chose to resign instead.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">The other is former Chief Bailiff-Security Raymond Shears. Shears also resigned from office after he was placed under Avila and assigned to a rotation shift patrolling the parking lot with other bailiffs. He is currently one of several candidates who have announced to run against Avila in the 2012 election for constable of Pct. 2.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Cisneros, on Nov. 1, 2011, confirmed that he had been dismissed but said that he had no hard feelings against Avila.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">The 11 bailiffs were placed under Avila after Sheriff Lucio told commissioners in open court that he would replace them with his own people if they were placed under him as he had requested. When commissioners balked at having Lucio terminate the bailiffs, they appointed Avila in charge of the group from his Pct. 2 constable's office.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Under the arrangement, all of them would keep their jobs but would have to serve a one-year probationary period before they acquired civil service protection. Although the reports at the time of Cisneros' termination indicated that his campaigning for sheriff had played a part in his dismissal from county service, neither Avila nor Cisneros were willing to specify what other complaints may have led to his firing.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">At the time of his firing, Cisneros said he did not plan to pursue any issues regarding his dismissal.<br />“Right now I am going to concentrate on my campaign,†he told the local daily then, adding that his termination did not undermine his election plans and that although he believed he was fired because of politics, he was a “forgiving†man.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Avila countered that Cisneros was not fired for political reasons and declined to elaborate, noting that it was a personnel issue.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Cisneros defended his candidacy when he was fired using the "everybody does it" justification for handing out pushcards and acknowledging his candidacy to people asking him about it.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">“It’s sad that some elected officials get to campaign, get to sell tickets, get to set up political signs, do all their campaigning and have their staff also campaign for them on county taxpayers’ time, but here I am a candidate for sheriff and if somebody comes up and asks if I’m running for sheriff, I can’t even acknowledge that I am running because that is considered campaigning on the job,†Cisneros said.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">He declined at the time to identify the elected officials and staff that may have been campaign on the county’s time. </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">“I don’t want to name anybody as of yet, but there are,†Cisneros said. “They use county government equipment to purchase material, to set up fundraisers, all that, you know.â€</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">In the affidavits filed on behalf of Cisneros, Petraca cited several incidents that he said reflected badly on the bailiffs, including an allegation that a female bailiff had an "intimate" relationship with her supervisor and that they often argued in public.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Shears said his demotion after he had been placed under Avila "caused a lot of ridicule and humiliation from the other bailiffs. They would laugh at me. They would tell other employees at the courthouse what had happened. It became a hostile environment and unbearable for me to stay there."</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">As part of his claim for unemployment, Cisneros included s photograph of himself as a state trooper, a newspaper clipping of his service, a certificate of service from the City of Harlingen, a photograph of his young daughter in his uniform, and photographs of the political signs of Cameron County Commissioner Sofia Benavides and Constable Avila in front of the courthouse parking lot.</div>"Joe said at the time of his dismissal that he wasn't going to pursue any issues regarding his dismissal," said a courthouse employee. "He was still on probation when he was terminated. If he, Petraca and Shears were going to go after anybody, it should have been the commissioners who assigned them there."<br />Brownsville attorney Dolores G. Zarate is representing Cisneros in his claim before the Workforce Commission.<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6016803033174468094-1947152660834835669?l=rrunrrun.blogspot.com' alt='' /></div>
LINK: http://rrunrrun.blogspot.com/2012/02/cisneros-files-for-unemployment.html
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SOSSI SUED FOR LEGAL MALPRACTICE, FRAUD IN LAWSUIT
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By <strong>Juan Montoya</strong><br />The contract attorney in charge of drafting the City of Brownsville's code of ethics has been sued for legal malpractice in district court.<br />Mark E. Sossi, a private attorney hired by the city at $120,000 per year, has been sued by Oliveira Middle School teacher Jesus Abete Jr. who alleges in his petition filed Wednesday that Sossi lied to him and misled him after he contracted him to represent his interests after he was severely injured as a result of a vehicular collision.<br />According to the complaint filed in the 357th District Court, Abete was involved in an accident on Jan. 2, 2009 and the other driver was cited by the city police for failing to yield the right of way. The cited in the accident at the time held a valid policy with Farmers Insurance. Abete hired Sossi on Jan. 8 to represent him in a claim for damages for his injuries for which medical care costs exceeded $27,339.<br /><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiRSjwmOZIJavIxSDhcHaC_YpPjfPkBI6r-BkX3DFzk-Ug_mqvUBqlT1r5lNzit3bkEORTaewKU33BoyybruU-T1WtsTAbkskfato4aznaPcZ-XlV9XDTgQoz1fd85I_64XQXEMsbgBgKQ/s1600/sossi.jpg" imageanchor="1" style="clear: right; cssfloat: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiRSjwmOZIJavIxSDhcHaC_YpPjfPkBI6r-BkX3DFzk-Ug_mqvUBqlT1r5lNzit3bkEORTaewKU33BoyybruU-T1WtsTAbkskfato4aznaPcZ-XlV9XDTgQoz1fd85I_64XQXEMsbgBgKQ/s400/sossi.jpg" width="400" yda="true" /></a>Abete claims in his lawsuit that he "duly signed a contract" with Sossi and that the attorney signed the contract to represent him to recover legal damages sustained as a result of the accident. The Oliveira Middle School algebra nd math teacher also claims that Sossi represented to him that hte case was timely filed in court. </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">"In the ensuing months, (Sossi) repeatedly lied to (Abete), and misrepresented the true facts of the underlying lawsuit to (him). The truth is that (Sossi) never filed suit on behalf of Abete, and by law, suit had to be filed before the statute of limitations expired on Jan. 8, 2011, or else (Abete's) rights would have been forever extinguished," the lawsuit states.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">"(Sossi) failed to file (Abete's) suit," it continues. "Now that the statute of limitations has expired, (Abete) is forever barred from recovering damages for the serious personal injuries he suffered in the (crash).</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">"In addition to the injuries he suffered in the collision, which he is now forever barred from recovering damages for, (Abete) has suffered mental anguish over the ongoing deceit perpetuated upon him by (Sossi) herein."</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><br /></div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Abete, who also coaches the Oliveira girls' volleyball and soccer teams, says in his lawsuit that he can prove that Sossi:</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">* engaged in conduct, acts, and omissions below acceptable professional standards;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">* engaged in conduct, acts, and omissions below standards of good and workmanlike legal services;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*was negligent;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">* breached a warranty implied in law of good and workmanlike legal services;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">breached an express warranty of competence and skill to handle this type of case;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*breached an implied warranty of competence and skill to handle this type of case;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*committed acts and omissions of professional negligence;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*breached his contract to represent plaintiff in a skilled and competent manner; and </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*committed fraud.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><br /></div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Specifically, Abete claims that Sossi failed in his duties:</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*in failing to timely file a lawsuit in a court of competent; </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*in failing to request the issuance of citation at the time the lawsuit was filed;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*in failing to obtain service on the defendant in the underlying personal injury lawsuit;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*in failing to exercise due diligence in the issuance and service of the citation in the underlying lawsuit;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*in failing to exercise ordinary care, as a reasonable prudetn attorney would have done under the same circumstances.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><br /></div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Had Sossi not failed to perform his legal duties as mentioned above, Abete claims that "his personal injuries was a meritorious claim for which the (diver), and his insurer in the ...(lawsuit)...were liable. (Abete's) injuries sustained in the automobile collision were serious, permanent, and disabling. It is reasonably foreseeable and highly probable that a jury, upon hearing that all the evidence properly presented, would have rendered a substantial and fair verdict, but for (Sossi's) negligence and conduct in the handling, investigation, preparation and (non) filing of the case."</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><br /></div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Abete's lawsuit also claims that (Sossi's) conduct rose to the level of malice under the laws of the State of Texas, (and his cations)...when viewed objectively at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which (Sossi) had actual, subjective awareness of the risk involved but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others. Plaintiff requests punitive damages to be awarded in an amount in the sole discretion of the trier of fact, which will deter this type of abhorrent conduct in the future."</div>Abete asks the court for a judgement against Sossi to include:<br /><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*actual damages;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*pre-judgement interest as provided by law;</div>*punitive damages;<br /><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*interest on the judgement at the highest legal rate;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*attorney's fees;</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*costs of court; and</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">*Such other and further relief to which plaintiff may be justly entitled.</div>Attorney Peter Zavaletta filed the lawsuit on behalf of the Oliveira Middle School teacher. Neither he nor Abete responded to requests for comment on the case. It is unclear whether Sossi has yet been served in the case.<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6016803033174468094-1274824919201373497?l=rrunrrun.blogspot.com' alt='' /></div>
LINK: http://rrunrrun.blogspot.com/2012/02/sossi-sued-for-legal-malpractice-fraud.html
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ROSENTHAL'S ATTORNEYS PUT FEDERAL PROSECUTORS' ACTIONS UDNER LENS
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<div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;">By <strong>Juan Montoya</strong></div><div class="separator" style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;">In a turn of events not envisioned by the local U.S. Attorney's office, a federal judge has nixed their plans to remove local attorney Ernesto Gamez from defending Austin attorney Marc G. Rosenthal in his 13-count racketeering indictment related to the Abel Limas corruption scandal.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;">Judge Andrew Hanen refused to isse an order sought by U.S. Assistant Attorney Michael J. Wynne preventing Gamez from defending Rosenthal citing a potential conflict of interest if Gamez was called to the stand to testify under oath. Hanen ruled that Gamez could stay on as Rosenthal's attorney because the defendant had knowingly waived it.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;">The turn of events comes as Rosenthal's defense gears up to challenge the methods used by the federal government to build up their case against the Austin attorney. <br />So far, the defense under George Muñoz has filed at least two affidavits in the case charging that FRBI agents have intimidated and south to coerce testimony against his client by threatening prosecution. Sources now tell us that two more affidavits have been submitted in the case but have yet to be unsealed to the public charging that witnesses in Houston and Corpus Christi have been the subject of such methods by one particular FBI agent.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;"><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjMlISjaw6MuENqW-kaMGf31r6wq4dqeMjrU4mbU4uz05wmkGVABEiqARkKf_VgzRilb-yugVe5gIA9c2XRBv6pcB8UlbOmV6W1iQUOJg2q4U_j-Cm1FOVxlzCz91QuQxwp7knK-qhbOuQ/s1600/ratacup.jpg" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjMlISjaw6MuENqW-kaMGf31r6wq4dqeMjrU4mbU4uz05wmkGVABEiqARkKf_VgzRilb-yugVe5gIA9c2XRBv6pcB8UlbOmV6W1iQUOJg2q4U_j-Cm1FOVxlzCz91QuQxwp7knK-qhbOuQ/s320/ratacup.jpg" width="195" yda="true" /></a>Efforts to confirm these reports through the ofices of Gamez and Muñoz have been unsuccessful. However, it is clear that the Rosenthal defense is not going to submit to the government's methods lying down. Rosenthal has steadfastly denied any wrongdoing in the Limas case and in the case involving former Texas State Rep. Jim Solis. </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Nonetheless, his pretrial release terms prohibit Rosenthal from going near bars, submit to drug and alcohol testing and the court threatened him with home detention.</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">"I have done nothing wrong," the attorney told a reporter with the local daily. </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">The alleged strong-arm allegations in the affidavits also give rise to questions related to the actions of another assistant U.S. Attorney who reportedly donned a KKK hood and a Mexican peon's sombrero before scores of active and retired ICE, Border Patrol and U.S. Customs officers at a La Rata fundraiser at the Brownsville Country Club in 2011.According to eyewitnesses, Asst. U.S. Attorney Jody Young wore the hood and sombrero as part of the awards section on the tournament. The move didn't sit well with many participants who thought Young's acts were tasteless and indicative of a mindset that didn't conform with his role as an officer of the federal court dispensing justice in South Texas.</div></div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: left;"><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwunAFv0BNv7UTF-VcsmnW_emTMaaXHb_UWJ4b2bN52EHFqPYMoP7UezLVyPly2TeLqOX_nQ1aRZNA-RQtp9bTUQhgyAGqFqSLWt0iGtZ234AWsY1QI5GfIIVuFis8ADer1xsPWvZiGSI/s1600/KhatRat2.png" imageanchor="1" style="clear: left; cssfloat: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="220" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwunAFv0BNv7UTF-VcsmnW_emTMaaXHb_UWJ4b2bN52EHFqPYMoP7UezLVyPly2TeLqOX_nQ1aRZNA-RQtp9bTUQhgyAGqFqSLWt0iGtZ234AWsY1QI5GfIIVuFis8ADer1xsPWvZiGSI/s320/KhatRat2.png" width="320" yda="true" /></a>"A lot of us found it highly offensive," said a tournament participant who retired from federal service. "Here's a federal prosecutor wearing a KKK hood and a ridiculous Mexican peasant sombrero in front a predominantly minority audience. It was insulting to us. We couldn't believe he was doing that."</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">"Maybe 99 percent of the defendants in federal court are Hispanic and â€" oh yeah, one Jew, that attorney from Austin," said a law-enforcement officer who participated in the event.</div>Taken together, these aspects surrounding the activities of FBI investigators and federal prosecutors may well play a role in the eventual outcome of the Rosenthal case as it wends its way through federal court.</div><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6016803033174468094-3394522693607626289?l=rrunrrun.blogspot.com' alt='' /></div>
LINK: http://rrunrrun.blogspot.com/2012/02/rosenthals-attorneys-put-federal.html
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