Jan 9, 2011

Week 1 in Review

Special Note to Philip R. Klein:

I noticed this item in Nitwit Tidbits™ this week:
Texas Supreme Court - We have been told this morning that we will get notice on either a verbal argument hearing or notice of decision by publication "in the near future" regarding Klein et.al. v. Google.

Caption this photo!
For the record, I'm calling you a big, fat liar (again).
  • Ask your "team of attorneys" what Ex Parte communication means.
  • The Texas Supreme Court is not considering your nuisance lawsuit, Klein et.al v. Google, but rather our mandamus against Judge Floyd, In Re John Does 1 And 2
  • There is no such thing as a "verbal" argument, but oral arguments are extremely rare in mandamuses.
The bottom line is this: The SCOTX does not give litigants pre-notice on requests for oral arguments “in the near future” and I'm absolutely certain they would use the proper legal terminology.

In 2009, SCOTX received 255 mandamus petitions. Oral arguments were requested in only four, and decisions on three of those petitions are still pending today. The fourth was granted shortly before Christmas of 2010. The remaining petitions were all dismissed within weeks of filing the final arguments.    

Furthermore, once a petition for mandamus has survived the first weeks after final arguments are submitted, the chances of a mandamus being granted increase to 81 percent. Finally, consider that another mandamus against Judge Floyd was granted early last year.

If your "team of attorneys" haven't explained this to you, then perhaps you're playing out of your league. While we may indeed get a decision "in the near future," the timing has nothing to do with your fictitious claim.

Nitwit Tidbits™
Quiet - It is very quiet over at BISD. We guess that can happen when the FBI comes calling. Oh....we hear get ready for an announcement from the FEDS. it will be a short story.
Another investigation. See this posting on all of the investigations that Klein "heard" about last year.
All The Criminals - The Southeast Texas Regional Planning Commission will be having their end of the year bash to pat each other on their backs. Why do we say this? Well maybe you would like to attend? Oh - wait? You are locked out! It is invitation only at one of the local hotels. All of the criminals will be in one room at one time. Suppose our names will be spoken? Oh .... hint to you that are attending? Watch what is coming and who you associate with - just a hint.
Branding elected officials who serve on the SETRPC as criminals is defamatory speech, similar to claiming on local TV that a two police officers would be indicted by a grand jury "this thursday."
Branick Speaks - So the new county Judge has says he has goals? First, he wants to deepen the ship channel (government program spending), 2) restoring coastal dunes (government program spending), 3) keep the "TAX RATE" (buzz word) even or lower. Okay - is it just us? We have a county with high crime and high unemployment? And we want to spend and spend and spend and cut back cops buttttt keep the tax rate lower? Ugh....not a good start kids. Not a good start. This is what you get when you have someone in charge that has never met a payroll.
What Brannick didn't say:
The Southeast Texas Political Review has learned that Jefferson County Judge Elect Jeff Branick will consider appointing current sitting commissioner Mark Domingue to an "Assistant to the County Judges" position this January.
Apparently, Klein is too dense to understand the significance of dredging the ship channel to the top economic driver in Southeast Texas.  
Weaver Rumors - Stop it. He just got into off and hasn't even done a thing yet. Will he go GOPER with Alan Ritter? We will see. He was a conservative cop and we kind of like him. Let's watch this closely. If he doesn't he WILL get a candidate in four.
Remember this prediction:
Two are waiting in the wings to run the only GOPER for any seat - being Eddie Arnold...Arnold we are told is getting a fundraiser together with some local democrats;
In reality, Jefferson County Commissioner Eddie Arnold ran unopposed in the primary. Since he was unopposed in the General Election, he won reelection by default.  Neither did Arnold hold a fundraiser with local Democrats, but PRK is still an idiot.
Sooooooo KFDM Goes GAGA over the Mark Twain Thing - And so you wonder why? An astute reader found this on facebook from the leader of the News Room David Lowell:
What I find offensive is the attempt to sanitize literature. The loss is greater than the gain. Twain uses the offensive word offensively... to set up the great irony of the story. It is NOT a racist story...it is a great story of redemption.
We will let you make the decision. We are just not that smart.
Samuel Clemens, who began his literary career publishing anonymously under the pseudonym of Mark Twain, enjoyed poking fun at idiots who thrust themselves onto the public stage:
In the first place, God made idiots. That was for practice. Then he made school boards.
Was Sam referencing Philip R. Klein and the Beaumont ISD Board of Trustees when he wrote that?
Kleiney Leaks - To funny. Everywhere we go we are asked when the next document dump is? And we are doing the media's work? We were just thinking - maybe if we faxed a press release?
I think Klein meant "too funny."  Paraphrasing Sam, I think it's better for Philip to keep his mouth closed and let people think him a fool, rather than open it and remove all doubt.  The media is charged with reporting the truth, not bizarre allegations from a wingnut.
Final Numbers On Shutting Down The SETRPC -

Philip stated on KBTV Channel 4 that over 70 percent of all residents in Southeast Texas want the SETPRC closed. I interpret this differently: 88 of Philip's readers apparently don't know that the SETRPC is mandated by the Texas Legislature. See this posting.

Items Last - Just a thanks again for having our last year the biggest. Final numbers are in and we had a 34.23% increase in readers and page hits. Man - thanks.
See this posting from the other Sam.


Little substance exists in this article, although Klein committed a crime by publishing a pre-sentencing report. From the Texas Code of Criminal Procedure Chapter 41.12:
A report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only:
  1. to those persons and under those circumstances authorized under Subsections (d), (e), (f), (h), (k), and (l) of this section;
  2. pursuant to Section 614.017, Health and Safety Code; or
  3. as directed by the judge for the effective supervision of the defendant.
In other words, a PSI is not considered subject to the Texas Open Records Act and Public Information Act. Anyone, whether a legitimate journalist or an irresponsible blogger, who publishes a PRI is subject to criminal prosecution.

Klein's take:
Wow. Really - wow. A jury is going to here this?
Another deep thought from Philip R. Klein.

Klein's allegations about Guedry's deposition are silly.  Because Chief Coffin said Cody Guedry did the right thing doesn't change his guilty verdict from a Jefferson County jury.  And this conviction still leads to Guedry's exit from the Beaumont PD, regardless of the expressed opinion of the chief. 

Ironically, KBTV Channel 4 led with this story during their 4 PM newscast last week, complete with a sound bite from Philip R. Klein. How does Klein figure into this as a story?

As in most of Philip's postings, he invented a "source who demanded anonymity:"
"Add another zero onto this lawsuit against the city of Beaumont," said one local attorney. "This shows you the mentality in the leadership of the city and I have to tell you that this does not help the city of Beaumont. I am not involved in the suit but if I had a voice - I would tell them to write the check and go home. This needs to be nowhere near a courtroom," said the source.
How ironic that Klein's source would echo Klein's words from an earlier posting this week on the same subject ("Everybody Gets One"):
"I think this case will be settled fast. They do not want to bring this to a jury. It is not good," said one federal courthouse observer.

And we agree. Write the check and go to the house. This thing needs to end. There are too  many good cops that are going to suffer.
Likewise, Klein's allegation that Chief Frank Coffin is retiring is entirely without substance. We'll revisit in a few months.

Media Whispers

Philip attacked KFDM in this posting.
First, and get this, it seems that there is some serious upset from the family of a young lady who was killed in a car wreck Monday. It seems that a picture got released or sent to a media outlet. The picture was of the wreck scene that some say someone in government or at the scene sent to the picture in. It was used on air. In fact - here it is :

[picture omitted]

The media outlet? KFDM TV. Now the questions started who would send in the picture that got that close to the scene. Could it be a fireman? Could it be a paramedic? Could it be a cop? What would be the contact? The rumors say a certain new judge. We ran it down this afternoon and have been told Judge Beaulieu was not at the scene.
Even though Klein tried to implicate Nancy Beaulieu, it's no secret that someone else at the scene submitted the photo.
We have said it before and will say it again - the leaks cannot start. If so it is going to piss off every media outlet. This is going to get ugly and already has.
According to Philip's logic, it's unethical for KFDM to post a photo submitted by a source, but it's okay for him to ignore Texas statutes and publish a confidential pre-sentencing investigation.
And last - and don't giggle too much. We understand from sources in Houston - and we dropped this last week - that KFDM might get bought by Nexstar? Oh yes - the bid is on we have heard. Meaning? It would be too frigging funny - really it would.
Longtime readers will remember when Klein claimed two years ago that the Examiner would buy the Beaumont Enterprise, so PRK is recycling old falsehoods again. Has he called Jeff Brannick the "Mad Hatter" yet?

If Klein's allegations are true, I'm sure it's because Nexstar's KBTV Channel 4 is such a horrendous under-performer that the company needs something to make money in this market.  But since these deals are more hush-hush than the Manhattan Project in the early stages, would anyone in their right mind tell Phillip R. Klein anything about an acquisition like this? 

Corruption : A Million Dollars!

Has anyone noticed that all of Klein's documents and spurious allegations concerning the SETRPC involve purported corruption in Hardin County?
This week we go back to Hardin County Texas. This time Silsbee Texas. And get this - a new group called the YYAFA! This stands for Youth Young Adult Fellowship Alliance! It is run by Reverend Mark Smith. A powerful political player in the City of Silsbee and Hardin County. Smith runs the ministers group. Smith is known to be connected to Joe Penland who are said to be friends. 
Yet Philip's last statement in this long-winded diatribe is this:
Welcome to Jefferson County Texas - the most corrupt county in Texas.
In reality, the SETPRC's only oversight is making the grant available to non-governmental organizations after determining their legitimacy.
It is racked with missteps and issues - to the point where Goss asks the Regional Planning Commission to pay them directly. And the Regional Planning Commission - rather than shut the site down and end the missteps and misspending of government money - pays Goss directly. Millions.
Between the beginning and end of Klein's posting, he inflated the figure from $1.5 million to "millions." Neither did Philip didn't post the follow-up reports from Charles Reed, which portray a different story that the Klein's manufactured story. 
Again - the Southeast Texas Regional Planning Commission is racked with illegal activities, federal dollars that are illegally spent on political friends of board members and get this - now setting up ANOTHER honey hole in Hardin County Texas. All while the area suffered and many have gone in debt millions to recover.

And this is week seven and no federal agents have come a knocking. And NO MEDIA FOLKS - NO - NOTHING! Why? Why to you think? Other than FOX 4 who ran with it for a couple of days - we plopped down the documents and NOBODY HAS DONE A STORY! Why? Bake sales?
After applying Occam's Razor to Klein's statement that "no federal agents have come a knocking," I suspect Chicken Little is running amok on Nederland Avenue.

Things That Make You Go Hmmm?

More deep thoughts from Philip R. Klein concerning the Upshur County Commissioners in Gilmer:
It seems they didn't like what people were saying at the commissioners court meeting. So - they shut down the comments section. They first tried to limit speech (rings a bell?) and then they cut it out all together when citizens showed up with tape on their mouths and sat in the front row and were removed from the meetings for causing a disturbance. Really - this if for real folks.

Well, the DA (giggle) got a complaint by one of those that sat there in silence with tape on their mouths that he was removed from a meeting for no reason and HIS FREEDOM OF SPEECH IN FRONT OF AN ELECTED BODY WAS HINDERED. You see - under the constitution you have the right to speak ABOUT ANYTHING YOU WANT AS A TAXPAYER TO YOUR COMMISSIONERS.
Exactly where is that found in the Constitution?

More importantly, Klein missed the point: Sheriff Anthony Betterton and two commissioners were indicted on misdemeanor charges of official oppression for forcibly removing a man with duct tape on his mouth, not because of the rules governing comment before the Upshur County Commissioners Court.

As I've already pointed out in my special message to PRK above, he has a hard time figuring out the real issues.

The New and Old Kids

Another defamatory statement by Philip R. Klein:
Alfred - Bo has problems right now. His mind is not in the game. He has the Feds looking at him. So let's be fair and take him out of the game. Ooopps...did we break some more news? That story later.
Klein has claimed that Bo Alfred is under investigation. Sound familiar?


Anonymous said...

Caption for photo-

I know its down there somewhere.

Anonymous said...

That picture sure looks like Phillip is masturbating on camera.

Anonymous said...

Caption for photo

The PRK cranking the hot tube again.

Anonymous said...

Oh Eileen...Oh Eileen

Anonymous said...

Mikey, don't stop - keep telling me how great I am!!!

Anonymous said...

Gus, check out the latest rumors!!!! Apparently Greg Abbott is going after Klein for publishing that PRI...Greg Abbot is the REPUBLICAN Attorney General for the State of Texas!!! The SO has a nice cell waiting for Klein.

Anonymous said...

The idiot really screwed up this time. It couldn't happen to a nicer guy!

Anonymous said...

Looks like Sam the Eagle has some inside scoop.