The Llano Ledger
Newsletter Text V84
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Publisher's Note: Due to fast-breaking developments in the Mirelez
saga, posting of the March 19, 2001 Newsletter has begun extremely
early. Be sure to read the current edition, March 12, 2001 on
Newsletter Text V83. T.C. March 13, 2001.
**************March 19, 2001****************
Continuing a series of articles on the 33rd Judicial District
Narcotics Enforcement Team (NET), on Monday, March 12, 2001 NET honored
the February 28, 2001 Mirelez Open Records Request. -- Not without
disingenuously attempting to tack on a "labor" charge, however. ... No
sale, Sam. Nice try, though. What started as a strained meeting,
quickly deteriorated. ... To the point where an extremely volatile
Assistant Commander Floyd Goodwin lost control of himself and his
composure. While our enormously interesting and revealing encounter
will be shortly reported in full detail, two other matters must be
addressed first.
Readers may recall The Llano News reported the Mirelez raid both in
its hardcopy newspaper as well as on its website in a "story" "written"
by Editor Jimmy Stephenson. Mr. Stephenson, however, conveniently
neglected to mention the fact his "story" was indeed a February 16,
2001 Press Release written and faxed by NET. ... Hey, Jimmy? Ever hear
of "intellectual honesty"? What the hell's that, right, sir?
The second matter to be addressed is the "kangaroo" nature and
procedures followed by the Texas Department of Human Services. As
reported earlier Evaristo and Maria Mirelez are disabled and receiving
benefits. One of these benefits is Primary Home Care.
Seven days after the February 15, 2001 raid, however, Mr. and Mrs.
Mirelez received a "Notification Of Ineligibility Or Suspension
(1929B-Funded Primary Home Care and Community Based Alternatives (CBA)
Cases)." The form declared: "As a result of a review of your current
situation, it has been determined that: After 3/6/2001 you WILL NOT be
eligible for community Based Alternatives. This decision is based on:
CBA Rule Reference: 3319.4. Reason for Denial or Suspension: criminal
activity in your home-you were arrested for selling drugs."
Readers should understand in the United States, and, particularly in
the State of Texas, arrested citizens are apparently now considered
guilty until proven innocent. Interesting, isn't it? Home Health Care
in the Mirelez case amounted to a monthly visit by a nurse from Austin.
In addition, the couple's daughter Elena Mirelez Limon was employed at
slightly above a minimum wage to physically care for her parents 2hrs.
daily. She has lost her job. In addition, a shower for the disabled
will not be installed in the Mirelez household as a result of this
"decision" by the State.
A trip to Burnet and the Department of Human Services proved
fruitless. There was no receptionist in the building. A phone call has
to be made to someone inside to gain access to case workers. A woman
finally came out and cowardly refused to identify herself. The
caseworker, Dennis Doescher, was not in, -- and seldom is. A call to
his superior, located elsewhere in the state, was equally fruitless
since he was supposedly in a "conference". The lackey's name is Mike
Scates, Supervisor, Community Care for Aged and Disabled.
How did the State learn of the raid as quickly as it did? Ask the
District Attorney, NET, and the Sheriff's Department. Sam? Dwight?
Nathan? ... How do you sleep nights? -- Evaristo has already had
surgery and faces more. Gangrene, diabetes related. Now, no shower or
Home Health Care. How about that?
Continuing coverage of the NET encounter at Headquarters, a phone
call was placed to NET administrative offices at approximately 3PM,
Monday, March 12, 2001. NET employee Mary Schmedicke pleasantly agreed
to an immediate meeting. This writer arrived approximately 15 minutes
later and, as previously, was directed to a conference room close to
the entrance.
Immediately, I was informed by the Administrative Assistant that
Assistant Commander Floyd Goodwin would arrive shortly with the
requested documents. Pleasantly surprised Goodwin would indeed be
handling the encounter, it was apparent what was to follow would be
quite interesting, -- at the very least.
Readers should understand NET Commander Dwight Hardin, although
clearly uncomfortable at our first encounter several months ago, was in
complete control of himself. Although this makes for a pleasant
encounter, very little of substance usually results.
Goodwin, on the other hand, is quite volatile and has a remarkably
short fuse. -- An ideal subject for an interview. ... Questionable
qualities, however, for a police officer who should always be in
control of himself and his emotions. Especially, in a command position.
... Right, Floyd?
Regardless, it was quite clear valuable insight into NET philosophy and
tactics, would quickly come from our encounter. Readers should also
understand this writer's impressions of the Assistant Commander are
only based on two recent meetings. No background check has been done
yet on this officer regarding past job performance or use of excessive
force issues, etc..
While the Open Records Request sought only "access" to the
complaint affidavits and warrants, the Administrative Assistant was
inquired as to the price of copies. She came up with several different
prices, none definitive.
Goodwin entered the room with the documents and was immediately asked.
Armed by prosecutors with Open Records price lists, the Assistant
Commander tried to impose "labor" charges. -- Permissable if over 50
copies are requested. Since "access" and no copies were sought in the
Open Records Request, the "labor" charge would not apply if no more
than 50 were taken. This was quickly pointed out to the Assistant
Commander.
Since this tactic would increase the time to transcribe the
remaining six pages, the Assistant Commander was made an offer he
apparently couldn't refuse: -- Ten cents per page for 56 copies, and
I'd be quickly on my way. .. To his obvious delight.
Sadly, why in hell, however, do we have to play such games?
Outrageously simple answer: Corrupt and abusive officials fear most the
glare of exposure. Precisely why this nonsense continues unabated.
Worse yet, the 56 pages of released complaint affidavits, search and
arrest warrants contain glaring inconsistencies.
Most pointedly, the "search" warrant itself appears
unconstitutional since it contains no list of items to be seized, nor
the address or physical location of such items. ... Clearly required by
the Fourth Amendment. -- Despite unconstitutional statutes that allow
corrupt "judges" to protect Nazi police agencies by the use of such
tactics. Shortly, the "search" warrant will be posted in its entirety.
Glaring inconsistencies and errors in the complaint affidavits and
arrest warrants will also begin to be posted. First, however, the
encounter with the Assistant Commander needs to be fully reported.
While awaiting a receipt for the copies, Mr. Goodwin was asked a
question regarding the identity of the "Confidential Informant"
mentioned repeatedly in the complaint affidavits. In an earlier Mirelez
indictment, James Duffer was named as an informant. According to
Mirelez relatives, Duffer is apparently a Cottonwood Shores juvenile.
-- Apparently, recruited by NET goons to "turn" on the Mirelez family
in return for reduction or dismissal of charges against himself. The
earlier cases, however, have not yet gone to trial.
Since NET has sealed the identity of confidential informants in the
February 15 raids allegedly "for personal safety reasons", the
Assistant Commander was asked if the identity of these informants would
be released shortly prior to trial. He replied it would be up to the
judge and was highly unlikely.
Sensing a golden opportunity to rattle the cage of the Assistant
Commander, this writer quickly, quietly, but firmly replied defendants
are entitled to confront their accusers, since this is the United
States, -- not Nazi Germany. Goodwin totally lost his composure and
exploded, disingenuously and falsely accusing this writer of calling
him a Nazi.
Earlier during the meeting, the Assistant Commander had admitted to
having read the latest Newsletter that very morning. The admission came
after this writer informed him recent coverage of NET had been quite
unflattering. He was offered unlimited unedited space, however, to
reply. In addition, he was also informed this series of Mirelez
articles is NOT an investigation of their guilt or innocence. Rather,
it is an expose of NET tactics.
While the Assistant Commander had carefully maintained his composure up
to that point, he quickly lost it when questioned on the issue of
"confidential informants". Interesting, isn't it? Earlier, he had also
offered to sit down at any time to discuss anything. I quickly informed
him I'd take him up on his offer after my investigation of NET is
complete.
Fully appreciating the opportunity suddenly afforded by an official
who had egregiously just lost control of himself, this writer
immediately asked Goodwin to submit to an interview. The Assistant
Commander was apparently quite agitated about his "officers" being
labeled "Nazis" on this website. I desperately wanted to transcribe his
remarks for publication and asked him for an interview.
He wisely refused, citing it was no time to submit to an interview
with his "neck red." Too bad. The fur would have indeed flown. No
opportunity, however, was afforded to answer several of his remarks.
Why not do so now?
First, Mr. Goodwin, your military service has indeed protected and
defended the Bill of Rights, particularly the First Amendment you
accuse me of exploiting. Sadly, however, the actions of you and your
goons on the Narcotics Enforcement Team have further bastardized and
eviscerated the Fourth, Fifth, Sixth, and Eighth Amendments.
You claim I have no knowledge of Nazism. Is that right, Commander?
What in hell do you call NET "officers" who conduct warrantless raids?
... Bust in doors with no verbal identification, badges, uniforms,
insignia, etc. during "no-knock" "dynamic entry" raids? ... Plant
evidence and profit financially personally from the sale of drugs? ...
Personally use drugs? ... Wantonly trash and ransack domiciles during
execution of "search" and arrest warrants? ... Male "officers" who gawk
at arrested females dressing after being ordered out of bed?
Equally pointedly, sir, what in hell do you call heavily-armed
goons who hold weapons pointed directly at citizens' heads in an effort
to extract information? ... "Heroes", sir? Wake up, Commander. Gestapo
and SS tactics are unacceptable in this country.
Think your men are indeed pristine peace "officers" selflessly
placing themselves at great risk? Think again, Commander. Sadly and
outrageously, they're as bad or worse than the criminals they routinely
arrest. Worse yet, they're predators on our roads, harassing innocent
citizens to line County coffers and the pockets of corrupt officials.
If your men are indeed at risk, they remain so because of their highly
abusive criminal behavior. On the contrary and most pointedly,
Commander, it is innocent citizens who are truly at risk from you and
your goons.
You seem quite willing to allow convictions of NET victims to speak
for the supposed "quality" and "efficacy" of the Narcotics Enforcement
Team. Is that right, sir? Most pointedly, "convictions" mean nothing
when those convicted are usually indigent, cannot afford decent
counsel, and are routinely afforded inept attorneys shortly before
trial with insufficient time and money to adequately investigate or
properly prepare a defense. -- In a concerted effort to force a
defendant to cop a plea, -- whether guilty or innocent. How do you
sleep nights, Commander?
If NET Headquarters is indeed "sacrosanct" as you seem to think and
not an acceptable place to answer extremely pointed questions about
Nazi NET tactics, where do you suggest, sir? -- At the site of a
warrantless raid? In a dark alley?
Innocent citizens in this truly great country do NOT fear law
enforcement. Most pointedly, sir, should you, your goons, or any other
law enforcement "officers" seek retribution by permanently silencing,
physically assaulting, or falsely incarcerating this writer, everyone
will know who and why.
Indeed, life is not so dear or precious that it should not be
risked standing up against abuse, corruption, and Nazism. Should the
price of publishing the truth be so high, so be it.
Most pointedly, Commander, fine courageous men did not bleed and
die in Normandy, Iwo Jima, Inchon, Pork Chop Hill, Hamburger Hill, the
Gulf, and elsewhere so that you and your goons could egregiously and
shamelessly shit on the Fourth, Fifth, Sixth, and Eighth Amendments.
Wake up, sir. Sadly, you and your colleagues have lost yourselves
somewhere along the way. Innocent citizens have outrageously paid the
price.
Readers should clearly understand this publication has received
numerous complaints from NET targets that search and arrest warrants
are NEVER delivered at the time of raids. The Assistant Commander
specifically disputed Mirelez family claims not only in the February 15
raids, but also in an earlier one several months ago. Mr. Goodwin
asserts "search" and arrest warrants, however, were given to
non-arrested family members upon leaving the premises.
Sadly, the Assistant Commander's assertion is NOT credible. --
Either in the Mirelez case or others. There is a glaring need for an
independent criminal investigation to determine if corrupt
"prosecutors" are indeed preparing complaint affidavits, "search" and
arrest warrants AFTER raids. Defense attorneys, at the very least,
should use the legal process of "discovery" to probe such possible
activity.
In honoring the Mirelez Open Records Request of February 28, 2001, NET
provided complaint affidavits and arrest warrants for each of the six
family members. Only one "search" warrant, # LC-01-02-007, was
provided, however. After this document is fully posted, notice no
specific "property" or items sought, nor location of such "property" is
indicated. -- Nor is it completely listed in the arrest warrants. --
Nor does it agree with items listed on the Inventory Control Form. --
Nor does it indicate TWO different locations were "searched". (Readers
are reminded NET Sergeant Brent Nichols quickly "searched" Elena's
bedroom at the Ridgeway address.)
All this and more raises serious Fourth Amendment issues regarding the
bust that will have to be carefully investigated by defense counsel
prior to trial. -- If corrupt and abusive "jurists" indeed allow
sufficient time. The "search" warrant itself will be posted first
followed by the Fourth Amendment:
WARRANT NUMBER # LC-01-02-007
THE STATE OF TEXAS
COUNTY OF LLANO
***SEARCH AND ARREST WARRANT***
The State of Texas to the Sheriff or any peace officer of LLANO County, Texas, or any peace officer of the State of Texas.
GREETING:
Whereas affidavit in writing, under oath, has been made before me
by Sergeant investigator Brent Nichols which said affidavit is attached
hereto and expressly incorporated herein and made a part hereof, and
said affidavit having stated facts and information in my opinion
sufficient to establish probable cause for issuance of this warrant:
You are therefore commanded to forthwith search the place and
premises therein named and described for the property named and
described alleged to be kept and concealed, and, if you find that for
which you are directed to search, you will seize the same and bring it
before me. You are further commanded to arrest and bring before me each
person or persons whose names, description, and identities are unknown
who may reside or be found on said place and premises, accused of
possessing and concealing said property including the said:
Evaristo Mirelez Jr.
Adam Mirelez
Fabian Mirelez
Ismael Mirelez
Elena Mirelez Limon
Maria Limon Mirelez
Further, you are ordered, pursuant to the provisions of Article
18.10 Texas Code of Criminal Procedure, to retain custody of any
property seized pursuant to this warrant, until further order of this
Court or any other Court of appropriate jurisdiction shall otherwise
direct the manner of safekeeping of said property. This Court grants
you leave and authority to remove such property from this county, if
and only if such removal is necessary for the safekeeping of such
seized property by you, or such removal is otherwise authorized by the
provisions of Article 18.10, T.C.C.P. You are further ordered to give
to this court, as part of the inventory to be filed subsequent to the
execution of this Warrant, and as required by Article 18.10, T.C.C.P.,
of the place where the property seized hereunder is kept, stored, and
held.
Herein fail not, but have you then and there this warrant within
three days, exclusive of the day of its execution, with your return
thereon, showing how you have executed the same. Issued at 4 o'clock
p.m. on this the 13th day of February, 2001, to certify which witness
my hand this day.
GUILFORD L. JONES III
MAGISTRATE IN AND FOR: LLANO COUNTY, TEXAS
Judge
33rd District Court
********************
Fourth Amendment:
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
********************
Although not an attorney, it does not take one to understand the
meaning of the Fourth Amendment. Certainly, the Founders intended
search warrants to be open, clearly listing the items to be seized and
their location. Why? To prevent the establishment of a police state.
Corrupt "judges", using unconstitutional statutes, however, have
bastardized and eviscerated the Constitution and Bill of Rights in an
unsuccessful effort to "win" the "drug war". Readers are reminded the
Constitution, including the Bill of Rights of course, is the supreme
law of the land. -- Superseding unconstitutional and corrupt statutes
protecting Nazi police agencies.
Publisher's Note: Due to a catastrophic Internet Service Provider
failure, nearly 20Kbytes of posted material was lost yesterday. The
material was re-posted as quickly and as accurately as possible through
the use of notes. T.C. March 15, 2001.
There is much more to be posted regarding NET and the Mirelez
raids, -- as well as egregious corruption and waste within the School
District and the Hospital. ... All this at a time when serious
consideration is given by this writer to simply walking away from The
Ledger due to a glaring lack of financial support by the readership. As
strongly asserted in Special Edition V65, lacking any vested interest
and no longer owning property in Llano County, why continue in the
absence of financial support from a cowardly and selfish community? --
Despite a combined Llano Ledger and Llano Ledger 2 visitor count
exceeding 83,000?
Tim Chorney, Publisher
The Llano Ledger
Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609
llanoledger@mailcity.com
Page Updated Wed Jun 13, 2001 6:05pm EDT