Monday, June 25, 2007

Dear TWhttC Executive Staff, Thank you for your attention to this matter. I am sorry we could not reach any other resolution than the bureaucratic one

Dear TWC Executive Staff

Attn: John Moore

I have read the response that you have provided and it is appreciated, your timely response; thank you. It appears you have read the 13th Court of Appeals Opinion however this opinion is ignoring current administrative law as per TPU 105. Either the law is wrong or Mary Cano and the Texas Workforce advised us in an unbonafied manor. The 13th Court of Appeals is in no position to deem the tesatimony of a key material witness uneffectual. The essence of Mary Cano is not Mary Cano testifying in open court as a material witness. I am requesting a full investigation and deposition of Mary Cano. The appearance of Mary Cano, well just let me say, if the prosecution would have wanted her there she would have been there, if the state would have wanted her there she would have been there, if the TWC would have wanted her there it would have been there. Thank you for your attention to this matter. I am sorry we could not reach any other resolution than the bureaucratic one. I will continue with this appeal for justice.

On 6/25/07, Moore, John <john.moore@twc.state.tx.us> wrote:

Mr. and Mrs. Haley,

I have reviewed the information that you provided, as well as the relevant Court of Appeals opinion on the criminal case against LeeAnn Haley that is on appeal to the Court of Criminal Appeals from the 13th Court of Appeals. As the Court of Appeals opinion clearly noted, the substance of what the appellant (LeeAnn Haley) argues is that it was error that Ms. Cano (a TWC employee at the time of the offense in question) was not called to testify in the trial. However, the Court of Appeals opinion indicates that what would have testified to at trial if LeeAnn Haley's attorney had called Ms. Cano was received into testimony at trial through LeeAnn Haley's husband (Anton Haley). Therefore, the substantive issue about TWC's policy in regards to substitute teaching not counting as employment was before the jury and the jury still decided against Ms. Haley and convicted her. The Court of Appeals examined the entire trial record and affirmed the trial court conviction.

You have requested that TWC take the following actions in response to your requests:

It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.

TWC does not have the statutory authority or legal standing to request appointment of counsel nor to ask the Court of Criminal Appeals to abate all proceedings until Counsel has been provided. This is only within the jurisdiction of the Court.

It is requested this entity initiate communications with the Texas Judiciary and inform the court of the peculiar circumstances regarding Mary Cano and her incompellability.

TWC does not have the statutory authority or legal standing to communications with the Court of Criminal Appeals. TWC will respond to the Court of Criminal Appeals if that Court requests a response.

It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.

TWC does not have the statutory authority or legal standing support your request for appointment of counsel nor to ask the Court of Criminal Appeal to abate all proceedings until Counsel has been provided. This is only within the jurisdiction of the Court.

It is requested a full investigation be conducted into The Texas Workforce operations under Oscar Martinez with in depth depositions of Mary Cano, Chandra Lewis, Cecelio Trevino and others involved in the Malicious Prosecution, Manipulation of JOB Opportunities, official oppression and abuse of power / position surrounding this case.

I will forward this request to LaSha Lenzy, who is the Director of the Unemployment Insurance Division. Ms. Lenzy is the person who would review your request to determine if action should be taken.

It is requested a friend of the court letter be addressed to the Texas Judiciary regarding the controlling administrative law under the WIA umbrella, specifically the TWC, the now defunct TDHS, the TWIST system and the APPEALS POLICY AND PRECEDENT MANUAL TOTAL AND PARTIAL UNEMPLOYMENT that governs employment status. For this agency to acknowledge the intricacies and the inconsistencies due to power struggles between the TWC & TDHS despite the controlling WIA legislation. Both the TWC & the TDHS are governed by the same employment guidelines and definitions. The TWC & the TDHS are governed by the Appeals and Precedent Manual and the determination of unemployment status per TPU (Total Partial Unemployment). It is requested these issues be addressed in particular to the disposition of the employment status of Anton S Haley and Substitute Teaching as exclaimed by Mary Cano.

A s the Court of Appeals opinion clearly noted, the substance of what the appellant (LeeAnn Haley) argues is that it was error that Ms. Cano (a TWC employee at the time of the offense in question) was not called to testify in the trial. However, the Court of Appeals opinion indicates that what would have testified to at trial if LeeAnn Haley's attorney had called Ms. Cano was received into testimony at trial through LeeAnn Haley's husband (Anton Haley). Therefore, the substantive issue about TWC's policy in regards to substitute teaching not counting as employment was before the jury and the jury still decided against Ms. Haley and convicted her. The Court of Appeals examined the entire trial record and affirmed the trial court conviction.

- Hide quoted text -

It is requested all original documents be made available for inspection and comparison to the document entered per 909.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

It is requested a whole, true, and complete record be provided for inspection.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

It is requested the TWIST records of LeeAnn Haley and family be produced for inspection.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

It is requested this agency recommend any and all remedies this Petitioner is unaware of.

It is not within the statutory authority of TWC to recommend any and all remedies that you are not aware of.

If this agency cannot produce or agree to remedies as set forth above, we ask it be forwarded to the Governor and Attorney General accompanied with recommendation of pardon and expungement through the Executive Powers and broad discretion within his stroke.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

It is requested an explanation of the Modification of JOB opportunities per HVALINKA v. Schubert and it affinity with Kleberg County Employment.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

It is requested this documentation be forwarded to the Governor of Texas and U S Senators Cornyn and Hutchinson as well as U S House of Representative Solomon P Ortiz.

I have forwarded this request to Lona Chastain, the Public Information Officer for TWC, to respond to you under the Public Information Act.

Your requests that fall under the Public Information Act will be responded to by Ms. Chastain. She may be contacting you for clarification of your requests if necessary.

John Moore

Director, Regulatory Enforcement Division

Texas Workforce Commission

101 E. 15th St. , Room 556

Austin , Texas 78701

(512) 463-3041

Fax: (512) 463-7804

Email: john.moore@twc.state.tx.us

CONFIDENTIALITY NOTICE: This communication, including any attachments thereto, is intended only for the use of the individual or entity to which it is addressed and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of the communication, you are hereby notified that you have received the communication in error and that any review, dissemination, distribution or copying of the communication and attachments thereto is strictly prohibited.


From: Jaime Kenedeno [mailto:kingalonzoalvarezdepinedaxiii@gmail.com]
Sent: Tuesday, June 19, 2007 9:50 AM
To: Temple, Larry; Crump, Gene; Lenzy, LaSha; Jones, Larry; Lewis, Jesse A; Benton, Joann; Meador, Dee; Ridge, Douglas B; Carr, Fran; Gomez, Robert; Moore, John; Ballard, Don
Cc: aaron.pena@house.state.tx.us; Abel.Herrero@house.state.tx.us; Anne.Webb@house.state.tx.us; cathy.wilborn@courts.state.tx.us; Chito.Vela@house.state.tx.us; district144_talton@house.state.tx.us; district144.talton@house.state.tx.us; district31_herrero@house.state.tx.us; district32_garcia@house.state.tx.us; district32.garcia@house.state.tx.us; district33_ortiz@house.state.tx.us; district34_herrero@house.state.tx.us; gene.seaman@house.state.tx.us; greg.abbott@oag.state.tx.us; Juan.Garcia@house.state.tx.us; juan.hinojosa@senate.state.tx.us; juanita.martinez@mhmr.state.tx.us; michael.estrada@mhmr.state.tx.us; shapiro@senate.state.tx.us; Solomon.Ortiz@house.state.tx.us; Solomon.OrtizJR@house.state.tx.us; Perry, Terry; vilma.luna@house.state.tx.us; Yvette.Rivas@dads.state.tx.us; Zandra.Zuniga@senate.state.tx.us; Zulema.Zapata@house.state.tx.us; District32 garcia; District33 Ortiz JR; rflynn@nueces.esc2.net
Subject: Re: The Texas Workforce Commission (TWC) told her definitions...

Attn: John Moore

Dear Texas Workforce Commission Executive Staff,

First, we thank you for your attention to this matter.

In reference to the written communication (email) and pursuant to our conversation yesterday afternoon my social Security number is (xxx-13-xxxx). It is requested that TWC intervene on behalf of the integrity and responsibility of agencies under the umbrella of the WIA.

It is requested this entity support Petitioner's motion requesting appointment of counsel and ask the court to abate all proceedings until counsel has been provided. This is in the best interest of all parties.

It is requested this entity initiate communications with the Texas Judiciary and inform the court of the peculiar circumstances regarding Mary Cano and her incompellability.

It is requested a full investigation be conducted into The Texas Workforce operations under Oscar Martinez with in depth depositions of Mary Cano, Chandra Lewis, Cecelio Trevino and others involved in the Malicious Prosecution, Manipulation of JOB Opportunities, official oppression and abuse of power / position surrounding this case.

It is requested a friend of the court letter be addressed to the Texas Judiciary regarding the controlling administrative law under the WIA umbrella, specifically the TWC, the now defunct TDHS, the TWIST system and the APPEALS POLICY AND PRECEDENT MANUAL TOTAL AND PARTIAL UNEMPLOYMENT that governs employment status. For this agency to acknowledge the intricacies and the inconsistencies due to power struggles between the TWC & TDHS despite the controlling WIA legislation. Both the TWC & the TDHS are governed by the same employment guidelines and definitions. The TWC & the TDHS are governed by the Appeals and Precedent Manual and the determination of unemployment status per TPU (Total Partial Unemployment ). It is requested these issues be addressed in particular to the disposition of the employment status of Anton S Haley and Substitute Teaching as exclaimed by Mary Cano.
http://www.twc.state.tx.us/ui/appl/tpu.pdf

Mary Cano: "The Texas Workforce does not consider substitute teaching as employment".

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.
Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute
teacher has been asked to continue in the same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.

http://www.twc.state.tx.us/ui/appl/tpu.pdf

It is requested all original documents be made available for inspection and comparison to the document entered per 909.

It is requested a whole, true, and complete record be provided for inspection.

It is requested the TWIST records of LeeAnn Haley and family be produced for inspection.

It is requested this agency recommend any and all remedies this Petitioner is unaware of.

We seek not acquittal but the opportunity to fairly prove our entry was TRUE.

We seek a new trial and sanctions to be placed on ones who are proven to be perjurers and false accusers through the process.

If this agency cannot produce or agree to remedies as set forth above, dialogue is the key to remediating this injustice.

If this agency cannot produce or agree to remedies as set forth above, we ask it be forwarded to the Governor and Attorney General accompanied with recommendation of pardon and expungement through the Executive Powers and broad discretion within his stroke.

It is requested an explanation of the Modification of JOB opportunities per HVALINKA v. Schubert and it affinity with Kleberg County Employment.

It is requested this documentation be forwarded to the Governor of Texas and U S Senators Cornyn and Hutchinson as well as U S House of Representative Solomon P Ortiz.

CONCLUSION AND PRAYER

For the reasons set forth in above, Appellant respectfully requests that this Honorable Agency petition the Judiciary to reverse the Judgment of the trial court and remand the case for a new trial. Alternatively, Appellant would respectfully request that this cause be abated and remanded to the trial court to allow Apellee to file a reply brief and include statements made that remain excluded from the record due to the States confession of error. Appellant additionally prays for such other and further relief to which she may justly be entitled at law or in equity.

Respectfully submitted,

LeeAnn Haley


4910 Lavaca



Corpus Christi, Texas 78411



361/851-2851


By:___________________________


LeeAnn Haley

(Defendant/Appellant)

On 6/18/07, Jaime Kenedeno < kingalonzoalvarezdepinedaxiii@gmail.com> wrote:



---------- Forwarded message ----------
From: The Advocate <kingalonzoalvarezdepinedaXIII@gmail.com >
Date: Jun 18, 2007 2:20 PM
Subject: [republic of texas] The Texas Workforce Commission (TWC) told her definitions...
To: kingalonzoalvarezdepinedaxiii@gmail.com

[http://comityoferrors.blogspot.com/]

Dear Workforce Executives,

The Texas DHS charged wife with Tampering with a government document with intent to defraud & harm. A state jail felony 2 years in prison. I will tell you the details slowly. First, my family was on welfare. I took care of the kids while my wife earned her degree at A&I. Mary Cano the TWC Executive vice president worked directly with us. Then My wife graduated and started looking for a job. She used the TWC fax to send resumes and such. She interviewed for a job at EZ Pawn for the regional auditor. She was awarded the job and then they said they could not hire her because something came out of Austin that said they could not hire her. Austin is the EZ Pawn headquarters as well as the TWC. So I started Substitute teaching. Mary Cano sent me a outreach letter requiring me to attend an orientation. We called MRs Cano and told her that I was already working as a Substitute teacher. Mrs Cano insisted that I attend the orientation or she would be forced to penalize my family. She said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment." I argued with her to no avail. Then I clarified. I asked her if I was going to be penalized for being unemployed cuz substitute teaching is not considered employment then I should not need to count that income as income from employment, I reasoned that they could not penalize my family for being unemployed; while at the same time counting the income as money from employment. I worked one day in the first pay period. The net was $45. The taxes, social Security and Medicaid were deducted and I received ~$37. My wife made an entry in the application stating I had received "no money from work". This is what they prosecuted her for. We were becoming self sufficient as in the following months I began to work as did she. Then one day at lunch they came to my house and took her to jail. It is appreciated, your attention in this matter. We pray for relief in the interest of justice.

Awaiting your response I remain

Anton S Haley

Q. Did you tell the
people at the Workforce that you were substitute teaching?

A. Yes, sir.
I told Mary Cano. I called her by phone and I communicated to her that
I didn't need to go to this workshop because I was substitute
teaching.

Q. Did the Texas Workforce know you were substitute
teaching?

A. Yes.

Q. Did they still insist on you coming to their
workshops?

Mary Cano: "The Texas Workforce does not consider substitute teaching as employment".

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.
Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute
teacher has been asked to continue in the same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.

http://www.twc.state.tx.us/ui/appl/tpu.pdf



Appellant's husband testified as follows:

Q. Did you tell the people at the Workforce that you were substitute teaching?

A. Yes, sir.

Q. What was their rationale for insisting that
you come to the workshops?

A. She told me, Mary Cano told me she did not consider substitute teaching employment, that the Texas Workforce does not consider substitute teaching as employment.

Q. Is that because of the uncertainty of whether or not you are going to work?

A. She said, "you never know. They might not never call you again.

"During appellant's direct examination, the following exchange occurred:

Q. Can you explain to the jury why [you filled out the form indicating your
husband was not employed]?

A. Well, afer my husband had gotten a job, after the 13th we received a letter to go to the Texas Workforce meeting. Well, I called Mary Cano and I told her, I said, "My husband doesn't need to go to the meeting because he's substitute teaching," and well, first she says, she says -- I said, "my husband is working." She goes, "Well, what is he doing?" I said, "He's substitute teaching," and she goes, "[Appellant], the Texas Workforce does not consider substitute teaching as employment," ...

(4)In light of the foregoing testimony, we hold there is no s

howing that the result of appellant's trial would have been different

but for trial counsel's failure to secure the testimony of Mary Cano.

NO. 13-02-00033-CR

LEEANN HALEY § IN THE 13TH COURT

§

VS. § OF APPEALS

§

§ NUECES COUNTY, TEXAS

THE STATE OF TEXAS

Dear Distinguished Justices,

Now comes Anton S Haley (husband of Appellant LeeAnn Haley) and respectfully request this injustice be dealt with expediently. Red tape, legal jargon and legally correct format have no place standing between my wife and justice. My wife was denied the primary caseworker who advised her throughout the time in Kleberg County while we worked with the Texas Workforce / Department of Human Services. Mary Cano is the only caseworker who was a constant. Mary Cano is the one who advised us, The Texas Workforce does not recognize substitute teaching as employment. This statement is why we checked the entries that we made. The transcript contains my statements to this affect. There is also a submitted affidavit in the record. Mary Cano must be compelled to testify. Furthermore, the rules regarding this technical issue have been rewritten. It has also been requested for a ruling .as to whether or not the $45 would have made a difference to the calculations, as this is a defense to the prosecution. This material has been submitted previously as well.

Judge Banales never suspended sentence in open court until after the Motion to Dismiss from Community Supervision per 42.12.21 (b).was submitted on April 23, 2004. I humbly ask for justice with respect to this motion as well. This motion is contained in the record as well. I pray for relief in the interest of justice.

Finally, I believe the recent ruling was in haste and in retaliation to my involvement in the Politics of South Texas and the 13 th COA specifically the Rose Vela v Federico Hinojosa election. I am a writer / journalist under the pseudo-name Jaime Kenedeno. Need I say anything else in my wife's advocacy?

Respectfully submitted,

Anton S Haley

4910 Lavaca

Corpus Christi, Texas 78411

361/851-2851

By:___________________________

Anton S Haley

(Husband / Advocate of Defendant/Appellant)

Other Names involved:
>>Cecilio Trevino
>>Mary Cano
>>Chandra Lewis Carrington
>>Marilyn Lewis Ruff
>>Karen Salazar
>>Noel Pena
>>Rick Martinez
>>Yolanda Carmona
>>Dayner Roberts
>>Christian Pineda
>>John Kearney
>>Sam Fugate
>>Alfred Isassi
>>Eric Flores
>>Joseph Collina
>>Linda Rhodes Schauer
>>Ernesto Soliz
>>Texas Workforce Commission (Kleberg County)
>>DHS (Kleberg County)

TWC Executive Staff

Executive Director

Larry Temple

Phone: (512) 463-0735
E-mail: larry.temple@twc.state.tx.us

Mr. Larry Temple is the executive director of the Texas Workforce Commission charged with day-to-day operations of the agency including implementation of policies set by the commission.

Deputy Executive Director

Gene Crump

Phone: (512) 936-3609
E-mail: gene.crump@twc.state.tx.us

In addition to responsibilities as the deputy executive director, Mr. Crump also directs the departments providing core internal services that include:

  • Finance
  • Human Resources Management
  • Business Operations

Unemployment Insurance Division

LaSha Lenzy, Division Director

Phone: (512) 463-7234
E-mail: lasha.lenzy@twc.state.tx.us

The unemployment insurance program, funded through employer taxes, provides temporary partial income replacement to workers who have lost their jobs through no fault of their own. The Unemployment Insurance and Regulation Division (UI) oversees:

  • payment of unemployment benefits to qualified claimants,
  • collection of unemployment taxes from employers, and
  • administration of the Texas Payday Law and the Texas Child Labor Law.

Workforce Development Division

Larry Jones, Division Director

Phone: (512) 936-0697
E-mail: larry.jones@twc.state.tx.us

The Workforce Development Division provides oversight, coordination, guidance, planning, technical assistance and implementation of employment and training activities with a focus on meeting the needs of employers throughout the state of Texas. In addition the division:

  • supports work conducted in local workforce development areas,
  • provides assistance to boards in the achievement of performance goals,
  • evaluates education and training providers, and
  • promotes and develops partnerships with other agencies and institutions.

External Relations Division

Jesse Lewis, Division Director

Phone: (512) 936-2346
E-mail: jesse.lewis@twc.state.tx.us

The External Relations Division is responsible for planning and implementing a coordinated outreach and education effort to customers and stakeholders. This includes:

  • managing external and internal communications for the agency
  • coordination of labor market and career information and
  • implementing a marketing strategy that unifies the workforce system under an umbrella brand.

Program Integrity Division

Joann Benton, Acting Division Director

Phone: (512) 936-3051
E-mail: joann.benton@twc.state.tx.us

The Program Integrity Division oversees all agency services, including:

  • statistical sampling
  • performance analysis & reporting
  • fraud detection
  • subrecipient monitoring

Information Technology Division

Dee Meador, Division Director

Phone: (512) 936-3191
E-mail: dee.meador@twc.state.tx.us

The Information Technology Division is responsible for agency's technology infrastructure, including:

  • project management
  • information technology operations
  • applications development and maintenance
  • data processing
  • distributed systems

Employer Initiatives

Doug Ridge, Director

Phone: (512) 463-1986
E-mail: douglas.ridge@twc.state.tx.us

The primary responsibility of Employer Initiatives is to provide the leadership and direction within the Texas workforce system to engage employers, business organizations and the economic development community in the ongoing development of a customer-focused, market-driven workforce system.

Office of Internal Audit

Fran Carr, Director

Phone: (512) 936-6125
E-mail: fran.carr@twc.state.tx.us

Internal Audit is an independent, objective assurance and consulting activity designed to add value and improve operations. The role of Internal Audit is:

  • to help the agency achieve its objectives and
  • to improve the effectiveness of risk management, control and governance processes.

Civil Rights Division

Robert Gomez, Division Director

Phone: (512) 437-3451
E-mail: robert.gomez@twc.state.tx.us

The Civil Rights Division (CRD) enforces the Texas Commission on Human Rights Act (Texas Labor Code, Chapter 21) and the Texas Fair Housing Act (Texas Property Code, Chapter 301). The Texas Commission on Human Rights Act prohibits employment discrimination based on race, color, religion, sex, age, national origin, disability and retaliation. The Texas Fair Housing Act prohibits housing discrimination based race, color, religion, sex, national origin, mental or physical disability, familial status and retaliation. The CRD conducts the following activities:

  • Review of personnel policies and procedural systems of state agencies and institutions of higher education
  • Review of initial firefighter testing
  • Reporting of equal employment opportunity statistics
  • Equal employment opportunity training of state agencies, institutions of higher education, and other public and private employers
  • Enforcement of fair employment laws
  • Enforcement of fair housing laws

Regulatory Enforcement Division

John Moore, Division Director

Phone: (512) 463-3041
E-mail: john.moore@twc.state.tx.us

The Regulatory Enforcement Division enforces all regulatory statutes within the jurisdiction of the agency, including UI, career schools, board sanctions, wage claims and child labor. A priority of the division is the prevention, detection and elimination of fraud and abuse in the UI program.

Additionally, all collection matters for the agency involving overpayments and delinquent taxes owed to the Unemployment Compensation Trust Fund, collection matters for the agency involving wage claims, and the collection of disallowed costs arising from contract monitoring are included in the Regulatory Enforcement Division.

The Regulatory Enforcement Division also works with the Office of Attorney General in all judicial reviews arising from enforcement actions, including UI and wage claim appeals.

General Counsel

Don Ballard

Phone: (512) 463-7902
E-mail: don.ballard@twc.state.tx.us

The General Counsel is responsible for providing legal advice and support to the agency.
Responsibilities encompassed include:

  • coordinating litigation,
  • reviewing contracts,
  • responding to civil rights charges and
  • advising on open government issues



--
Posted By The Advocate to republic of texas at 6/18/2007 11:11:00 AM

--
Kenedeno & Associates

Sunday, June 24, 2007

EL Defenzor.net:Does Ray need to improve his work attendance

EL Defenzor.net: Watt is the "common denominator?" pos Quayate......Shoewe ME D QUAN>>>>>


CORPUS CHRISTI — The Nueces County Medical Examiner's Office may lose certification and be forced to delay critical reports without more workspace and a larger staff in the next two years, officials said.

The office is forced to ask the Commissioners Court for extra resources estimated at $640,000 for the next fiscal year to manage a rapidly increasing workload and national recertification in 2009 that mandates a maximum ratio of autopsies performed for each forensic pathologist, said Nueces County Medical Examiner Dr. Ray Fernandez. That estimate includes a one-time cost of $500,000 for a 2,000-square-foot addition to the office and hiring another pathologist with a $140,000 annual salary.

As medical examiner, Fernandez is responsible for investigating the deaths of all people who die violently, suddenly or unexpectedly. Since 1996, the number of cases reported to the office increased by 54 percent to 1,528 deaths in 2006 from 990 cases in 1996, according to county medical examiner data. The escalating number of cases results from increasing population, more immigrant traffic in the area and a higher frequency of death reports from surrounding counties, Fernandez said.

"The volume of work has grown tremendously," Fernandez said. "Right now I'm the chief examiner, the associate and the one who locks up the place."

While the office isn't backlogged, it is getting close and may start seeing delays in autopsy reports, death certificates and other documents if something isn't done, Fernandez said. These documents directly impact residents in the ability to execute an estate and file insurance claims, he said.

A delay in autopsy reports -- or if the office isn't recertified during its next review scheduled for fall 2009 -- could jeopardize the prosecution of homicides and police investigations, said District Attorney Carlos Valdez. Prosecutors are unable to prove a homicide case without the testimony and findings of the medical examiner, Valdez said.

"We're talking about the criminal justice system -- ultimately protection of the public," he said. "If something breaks down in the criminal justice system, it affects everything and in the end it may cause guilty people to walk free."

The Nueces County office is one of five statewide that are certified by the National Association of Medical Examiners out of 13 offices statewide, according to the association. According to Valdez, that certification adds a degree of credibility during criminal trials.

certified office

Medical examiner's offices, along with all statewide crime labs, were required to be certified under a 2005 state law, Fernandez said. However, the state granted a temporary exemption to medical examiners before the law took effect.

The Nueces County Office received certification by the National Association of Medical Examiners in November 2004 to gear up for what is expected to be a requirement in coming years. The exemption still is in effect but may be dropped during the 2009 legislative session, Fernandez said.

One of the certification provisions bars having more than 325 autopsies for each forensic pathologist, and the recommended maximum is no more than 250 autopsies each.

In 2006, the Nueces County office performed 328 autopsies stemming from Nueces County, which does not include autopsies of bodies from the 16 surrounding counties the office serves.

Data for autopsies from surrounding counties in the past few years was not immediately available, but likely add 100 to 150 autopsies per year, Fernandez said.

"We are at a crossroads here -- we're either going to move resources, maintain accreditation and be in compliance or expect to see delays," Fernandez said. "If nothing's done (the delays) probably would come sooner rather than later. It would probably be in the coming year or the following year after that."

considering request

Fernandez presented to commissioners requests for a facility upgrade, an extra forensic pathologist and an assistant last month during the court's budget workshops. County Judge Loyd Neal said last week that the court understands the request and will come to a decision before the 2007-2008 budget is finalized in September.

"We don't want this office not to be certified," Neal said. "With that said, there's a price tag attached to that of several hundred thousand dollars. ... One of the issues we will look at is the importance of doing this in a timely basis, and how do we pay for it."

The 2,000-square-foot expansion of the office would include an office for the extra forensic pathologist, additional workspace and a family grieving room, Fernandez said.

The request also includes hiring a permanent autopsy assistant.

"We certainly are going to work with (Dr. Fernandez) in every way we can to make sure we've looked at all alternatives and make sure we are properly equipped and funded for when inspection comes," Neal said. "But there's no guarantees. We have several million dollars' worth of requests before us and this is one of them."

Contact David Kassabian at 886-3778 or kassabiand@caller.com

The number of cases reported to the office increased by 54% to 1,528 deaths in 2006 from 990 cases in 1996.

Responsibilities

Investigate the deaths of people who die violently, suddenly or unexpectedly.

POS CCPD ANTHE 11 surround sound sAY naig....

Friday, June 22, 2007

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth

1. Appellant demands this appeal be abated and this court direct Appellant’s Attorney to represent her.

2. Appellant request legal representation as her request to oral argument is forbidden without it.

3. Appellant apologizes for any error committed as a Pro Se Defendant (Layperson) and for any reversible error committed; to be informed and given the opportunity to correct the error. Appellant at this late hour realizes she never signed the PDR she submitted and moves to correct at the Court’s discretion.

4. Appellant has had ineffective assistance of council. Jill Williams still represents appellant because she has never ask the courts permission in writing or in open court to withdraw. (List crucial periods without representation like when the state originally confessed) (error during the period immediately following submission to the clerk of the 13th COA until the Court began to consider it.) (See Letter from Attorney)

5. Appellant request this court order a TWC investigation into this “comedy of errors”, “confession of errors” and “peculiar circumstances”. In the Alternative it is requested that all TWC subject matter be forwarded to the appropriate entities, The Governor of Texas, the Attorney General of the State of Texas and the Texas Workforce Executive Staff.

6. Appellant request this court order both administrative and criminal hearings to assist fact finders in the imminent TWC investigation. See attached TWC letter dated June 20, 2007.

7. Appellant invites TWC to submit a friend of the court letter.

8. Appellant request this court engage the TWC and conduct a hearing on this matter before ruling on the motion for rehearing

9. The 13th Court of Appeals erred by excluding statements made on the (MFNT) record. The State did file a reply brief. This demonstrates that the court has not made its decision based on a whole record.

10. The Failure of the State to file a reply brief is treated as a confession of error per Siverand v. State 1. As grounds for this cause Appellant respectfully request this Court take Judicial notice based on intervening Supreme Court precedent per Saldano v. Texas, 530 U.S. 1212 (2000) 2 and grant this petition for discretionary review, vacate the judgment and remand the case for further consideration in light of developments during the pendency of this appeal. Specifically, it is requested this Court require such further proceedings (remand to trial court for the State to correct the error and file its reply) to be had as may be just under the circumstances.

11. The 13th COA erred in it’s ruling, “any opposing arguments are limited to those advanced by the State in the trial court”.

12. Appellant relies on the complete appellate record.

13. The 13th Court of Appeals made arguments on behalf of the state by technically censoring actual confessions of error in the Hearing on the Motion For New Trial. The confessions by the state are muted under the confession of error per Siverand Limiting the appellate record on behalf of the state to the trial court setting. Limiting the appellate record on behalf of the state to the trial court setting, the state’s side of the record that has vanished, when appellant relied on crucial testimony in the MFNT Hearing.

14. The 6th Amendment not a waivable right. It stands independent of ineffective assistance of counsel? The State needs to legitimize how State employee can be under subpoena as a witness for the State’s Adversary in a criminal proceeding and the state cannot compel her to appear. Then not file a reply brief in effect quashing the first opinion and censoring the confessions of error committed by the State during the Motion For New Trial.

15. The Failure of the State to file a reply brief is treated as a confession of error 1; in this case the States Confession of Error is a "fundamental error" requiring correction. Although this court “may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review” it may also remand for further consideration in light of the confession of error 3. From the beginning this case has presented a comedy of errors and in particular some very peculiar circumstances. The States failure to file a reply brief deprives the appellant of crucial statements made by the State 2 (by limiting any opposing arguments to those advanced by the State in the trial court. Id). It is this appellant’s belief the error is a tactical approach to disenfranchise Appellant of her right to fully supplement the record in her motion for new trial. Benefit from committing an error or committing an error so as to benefit from. Sounds like a Texas criminal style legislation to me

16. The decision of the Appellate court conflicts with the Texas Rules of Appellate Procedure 38.1(h) and 38.2(a)(1) 4 and Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) 5. The Appellate Court unequivocally has advanced arguments on behalf of the state. Not only have arguments been made on behalf of the state there are arguments made by the Appellate Court that are completely inaccurate: The 13th COA makes the statement “The record reflects that counsel exercised his ten peremptory strikes and, therefore, did not have an available strike for Ruff”. (Vol. 2 RR p,3 @3-6) (Vol. 1RR p.114). Is this court reading the same court record that this Appellant possesses? Appellant challenges the record furnished to the Appellant court as the record clearly reflects in direct contradiction of the 13th Court of Appeals record. There were available strikes, Appellant’s Counsel exercised ZERO peremptory strikes. This shows there could be other mistakes or misreadings. Justice in this case requires that the Appellate Court did not understand the facts of the case well enough to properly and justiciably make a decision. The Confession of error by the State and blatant errors committed while reviewing the record as a whole in the appellate court. There is too much error and all of it is harmful. Appellant waives no error known and unknown.

17. The decision of the Appellate court contradicts itself with respect to its decision in Siverand.

18. Limiting the states record advances arguments on behalf of the state

19. The 13th Court of Appeals relies on an incomplete record and has quoted the record inaccurately. This means either the record is either incomplete, inaccurate or the Independent Jurist did not take their duty seriously. The timing is highly suspicious being that two of the three Jurists were involved in campaigning, political maneuvering, schmoozing and networking and concentrating on their JOB.

20. Procedural Posture is faulty in light of confession of errors once the state confesses errors the errors need to be corrected.

21. The decision of the Appellate court contradicts itself with respect to Saldano v. Texas, 530 U.S. 1212 (2000) 2. In light of the confession of error the case should be “remanded for further consideration in light of the confession of error”.

22. The verdict in said cause is contrary to the law and the evidence and there is newly discovered evidence touching the issues involved in said cause. Below is the controlling administrative law. This makes the entry Legal and TRUE. This is a WIA, TWC And Texas Department of Human Services directive per Standard Operating Procedure.

TEXAS WORKFORCE APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.

INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable
assurance of continued employment within the meaning of
Section 3(f) (now codified as
Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute teacher has been asked to continue in the same capacity for the following academic year. Simply placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.

23. The trial of the above cause was not had before, nor was the verdict therein rendered by "an impartial jury."

24. Appellant’s right to the Compulsory Process was and continues to be thwarted. Material Witness Mary Cano never appeared to any of the proceedings in which Defendant’s / Appellant’s Counsel subpoenaed her. A subpoena was issued for Mary Cano directing her to appear before the same court proceeding (MFNT) in which the State claims it can get her there if she is needed. The State admits knowledge of Mary Cano’s whereabouts and goes on to boast of her being easy to find; yet whether willfully or inadvertently LeeAnn Haley’s 6th Amendment right to Compulsory Process was violated.

1.When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."

2 Certiorari Granted—Vacated and Remanded

No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari

granted, judgment vacated, and case remanded for further consideration in light of the confession of error



1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error

3 Pursuant to Siverand, we will make an independent examination of the merits of appellant's points of error and any opposing arguments are limited to those advanced by the State in the trial court. Id.
4 The rules of appellate procedure require the parties to advance their own arguments. Tex. R. App. P. 38.1(h) and 38.2(a)(1).
5 Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) Finally, decisional authority prevents us from advancing arguments on behalf of either party.

WHEREFORE, Petitioner prays that the court will:

1. Abate the Appeal, order a hearing to conduct a TWC administrative investigation and hold a hearing to conduct a Criminal Investigation and appoint counsel.

2. Remand this case for a new trial, or

3. Grant Appellant’s Motion for Rehearing.

4. Grant Appellants Motion for Rehearing, vacate the 13th COA opinion and remand for New trial and court appointed counsel.

5. Grant Appellants Motion for Extension of Time to File a Motion for Rehearing before ruling.

Respectfully submitted,

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