Sally Hernandez for Travis County Sheriff – Above the law?

Joe Martinez, the Republican candidate for Travis County Sheriff raises some good points…

I like his no nonsense answers when asked a question, I like that he has experience in the military, law enforcement, AND business owner – I think that the first and third of those qualifications are sadly lacking in most public servants  – especially that pesky budget and financial management stuff.

I already believe that Sally Hernandez is simply not the most qualified person for the job, nor does she historically exercise what I think could be considered “common sense”. If you think otherwise, please read my post (with supporting official documents and/or where to find those documents on your own) and consider carefully the decision making skills that led this woman to lie about being taken in off of the streets as a 15 year old runaway, to marry a man 7 years her senior – when she was  a junior in high school and 17 years old, to marry 4 different men – one of them at least three different times (and one other time, according to the Travis County Clerks records, that would have made her a party to bigamy), and her current marriage, to a former Austin cop with a history of domestic abuse, child support evasion, and beating an illegal alien prisoner he was transporting (Go Sanctuary Sally!).  She makes campaign promises that sound like she is unclear as to what a sheriff may and may not do, but then that shouldn’t really come as a surprise, since she has been willfully and blatantly breaking the law as a Constable:

Rented Out Deputies to Other Municipalities
As Travis County Constable Pct. 3, Sally Hernandez contracted with
municipalities outside Travis County to serve arrest warrants in other
jurisdictions using Pct. 3 constables funded by Travis County taxpayer
resources. She also said she intended to extend the contracts to local law
firms to serve private lawsuits, which could have benefited many of the
attorneys who have helped to finance her political campaigns.

In 2013, this news item appeared in the Austin American Statesman. The first line is a link to the full article, since I am only including what I felt to be the snappiest comments.

 

Travis County May Be Subsidizing Constable Work For Out Of County Towns by  Tony Plohetski – American-Statesman Staff  (May 25, 2013)

When Travis County constables from two precincts head out several mornings a week in their recognizable cruisers, they might not always be working for the local taxpayers who pay their salaries….

Thanks to the Travis constables, cities such as Elgin in Bastrop County, Buda and Kyle in Hays County, and Luling and Lockhart in Caldwell County have collected $300,000 in fines since January…

…Yet the benefit to Travis County taxpayers, who this year will spend about $13 million on five constable offices, is much less clear. At the very least, the time the deputies work on behalf of other cities is time away from the jurisdictions that pay them to work locally. In some cases, deputies might travel an hour away from their districts to serve the outside warrants

…At Precinct 3, meanwhile, newly elected Constable Sally Hernandez said she is considering getting back into the outside warrant-serving business over fear of having her budget cut from the income loss.

Since January, she has signed new contracts with nearby Bee Cave and with Elgin — 45 miles east of her precinct headquarters.

Hernandez said she also has recently reached out to local law firms, asking them to send civil legal documents to her office to serve in another effort to market her precinct’s services…

While that may sound perhaps merely stupid, to take Travis County paid deputies and send them off to run errands for some other city or county, while supported by Travis County insurance, bonds, salary and  authority, it is in fact not legal.

The following is excerpts from the Texas Attorney General’s Office Opinion regarding the subletting of deputies by a Constable. Again, the first line is a link to the full statement, including case law and lots of extra commentary, because I liked these snippets the best.

Texas Atty General Opinion  “…a constable is clearly authorized to deploy regular and reserve deputy constables to preserve the peace within his or her jurisdiction…”

“…peace officers acting within the scope of their official duties may not receive compensation from third parties…”

A regular or reserve deputy constable may not perform official duties in exchange for any type of additional consideration from another governmental or private entity, including contribution to a deputy constables’ association, nor may a constable deploy regular or reserve deputy constables to perform official duties in exchange for any type of additional consideration.

 

Grr. I have saved the Commissioners Court Agendas authorizing payments to Travis County Constables…apparently on one of two other computers that I am not currently at.  I will find those and post them here asap.

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The Many Marriages of (Would-be Sheriff) Sally Hernandez

 

Ms. Hernandez presents herself as a stable woman who has fought adversity to get where she is today.  The truth is, she has had a great deal of help along the way – and most certainly hasn’t been “on her own” at any point.

In an October 24 Facebook post, Matt Mackowiak (UT Austin grad, Political Commentator and CEO of Potomac Strategy Group) said this about his recommendation of Joe Martinez for the office of Travis County Sheriff  (copied and pasted from his post):

Travis County Sheriff: Joe Martinez — The Democratic candidate for Sheriff has pledged to make Austin a ‘Sanctuary City,’ a position so extreme and irresponsible that she has united the outgoing Democratic Sheriff, Greg Hamilton, and the much more qualified Republican candidate, Joe Martinez, in opposition to her dangerous proposal. Would she release dangerous criminal aliens on her first day? How can the Sheriff refuse an ICE detainer issued by a federal judge? Who conducts the national security background checks in our county jails if ICE is thrown out? How much is Sally Hernandez prepared to cost Travis County when the Texas Legislature defunds Sanctuary Cities this spring? Joe has 40 years of law enforcement experience, a ten point platform (read it at MartinezForSheriff.com), and is the only bilingual candidate and the only Austin native running. To my Democratic friends, this race alone should persuade you not to vote straight ticket this year. Sally Hernandez, who has been married nine times to four different men, would be a disaster and she is manifestly unqualified.

Now…You might say what possible bearing does Sally’s married life have on her ability to be sheriff?  Following is a Cliff’s Notes timeline.  Ask yourself what this says about her personal values, her decision making skills, her interpersonal communication skills, integrity, follow through, problem solving skills and commitment.  One of my proofreaders asked me “well, what if it wasn’t all her fault?”   And my answer is the same as I give my friends who wonder why all of the people they date are rotten people:  Guess who was one half of every one of those failed relationships?  At some point you can’t blame being young and stupid, just stupid, needing a father figure, having a bad childhood….at some point you have to admit that you make shitty decisions, and are having a bad adulthood.

Without further ado, I present: Sally’s Timeline of Love

 

21 Feb 1958     Birth of Sally Irene Riedle (Probably somewhere in Texas

*****circa 1973        Sally claims “I ran away from an abusive home when I was 15 years old but a woman named Jeannette took me in, kept me in school, and gave me a                                                          second  chance. ”  (http://capdaustintx.org/docs/capd_candidates_questionnaire.pdf  see page 25 for more of her answers to a candidate questionnaire)

20 May 1975  Luckily, Mr. & Mrs. Gregg Riedle, the parents Sally ran away from about 2 years prior, were on hand to announce her pending nuptuals in the The Llano News.

15 Jul 1975     High school Junior Sally marries 22 year old Cleo Gene Wooten (b. 1953 – d. 2002) in Llano, Tx.  It sure was nice of her estranged parents to show up and presumably consent to the                            marriage of a girl who’d celebrated her 17th birthday 5 months prior, to a 22 year old man.  The age of consent in Texas, for both sex and marriage, is 18.

 28 Jun 1979  Birth of Son William Cody Wooten (1979–2003) in Llano, Texas.  According to Sally “I had a child with special needs”  (from same questionnaire as above).  I am not trying to pick on a special needs kid or a mom who is doing everything she can, but it seems a bit odd that I can’t find anywhere that Sally has mentioned what her deceased son’s special needs were.  Most people in the public eye would use their fame to help others afflicted with whatever condition their loved one had, and try to raise awareness for acceptance or prevention or a cure.

6 Oct 1982    Sally Riedle Wooten and Cleo Gene Wooten divorce in Llano County.

START PAYING ATTENTION NOW, BECAUSE THIS IS ABOUT TO GET FUN

20 May 1983  Sally Riedle Wooten marries Mickey Joe Whitley (1957 –  ) in Llano County.  Mickey Joe went to Llano High School with Sally.

01 Mar 1985   Birth of Son Thomas Gregory Whitley (1985 – ) in Travis County

24 Jul 1987    Sally Riedle Wooten Whitley and Mickey Joe Whitley  divorce in Llano

31 Dec 1987   Sally Riedle Wooten Whitley marries MICKEY JOE WHITLEY.  Again.  5 months after their divorce was final. (Llano County)

 

14 Nov 1988  Less than a year after remarrying, Sally and Mickey Joe Whitley call it quits again, this time divorcing in Travis County.

 

18 Dec 1988  34 days after her second divorce from Mr Whitley is final, Sally Riedle Wooten Whitley Whitley marries Dan Howard Best (1950 – ) in Travis Co.

22 Mar 1990  A year and 3 months later, Sally Riedle Wooten Whitley Whitley Best bids adieu to hubby number 3 (or 4, depending on how you are counting) Dan Best, in Travis, Co.

15 Sep 1990  A whole six months later, Sally marries…….Mickey Joe Whitley. Again.  That’s the third time, if you are keeping score. (In Travis County, for the record. And actually, the records are                             all available online.  I couldn’t make this stuff up if I tried.)

13 Sep 1995  I bet you’re just shocked to learn that the third time was not the charm… Mrs. Riedle Wooten Whitley Whitley Best Whitley divorces Mickey in Travis County.

19 Dec 1995  Mickey Joe Whitley married somebody else!  He tied the knot with his brand new bride, Karen, in Travis County

14 May 1996  According to the County of Travis, on this date Sally and Mickey Joe Whitley trotted on down to the Travis County Courthouse and either applied for a marriage license OR got                                themselves married for the FOURTH time.  I imagine that Karen Whitley was surprised, seeing as how she is STILL married to Mickey Joe, and haven’t even divorced                                    once.  If you need to see it with your own eyeballs, the info is found by searching for Mickey Joe Whitley marriage licenses in Travis County, or look for: Certificate #73553; Date of                         Application 5/14/1996; Book 242; Page 172 http://traviscountyclerk.org

25 Oct 1997  Always a bride, never a bridesmaid – Sally married Doroteo Salas Hernandez Jr (1961 – ) in Travis County, making her Mrs. Sally Riedle Wooten Whitley Whitley Best Whitley                            Whitley Hernandez.  The happy couple have not divorced at all since their first marriage to each other.

 

Now, go back up and look at the second date on the timeline.  The one about Sally running away, and a kind woman named Jeannette – dang, I guess Sally couldn’t remember Jeannette’s last name, or how they met….Don’t worry.  I am delighted to help out! See the next post to find out who the apparent good hearted stranger took in a 15 year old girl off the streets of Llano. Wait, why would anyone run away to Llano??

 

Sanctuary Sally’s Austin Police Officer Husband Beat An Illegal Alien While On Duty

 

How can Ms. I-Will-Protect-Illegal-Aliens say with a straight face that she will make Austin a safe harbor for those here by non-legal means, when 4 years into her marriage to CURRENT husband Doroteo “Ted” Salas Hernandez Jr., while she was an investigator for the Travis County District Attorney, Ted’s fellow officers accused him of beating Mr. Rosales so badly that the jail refused to allow the prisoner to be processed and sent him to receive medical attention?  

So Sally Hernandez is telling Travis County voters that she is going to make a difference, and help…who? Oh yes – the very people Ted Hernandez has terrorized and abused. Ted was arrested for family violence and then in the year he married Ms. Sally Irene Riedle Wooten Whitley Whitley Whitley Best Hernandez, Ted was arrested again, but for violating the protective order his victim (and former spouse, and mother of one of his children). A few years later, he does this…and all while “serving” as an Austin Police Officer.
CASTILLO VS CITY OF AUSTI
Filed Date
11/18/1997

THE LINK TO THE STORY:

http://amarillo.com/stories/2001/08/27/tex_ofbeating.shtml#.V9rfcDQ8LCS

 

Plain text cut and paste of article as it appears online:

Police officer accused of beating was fired before
Posted: Monday, August 27, 2001

The Associated Press
AUSTIN (AP) – A police officer accused by colleagues of beating a handcuffed prisoner last week was fired in 1997 after his arrest on charges of domestic violence and violating a protective order.

Austin officer Doroteo “Ted” Hernandez appealed his firing and was back in uniform six months after the criminal charges against him were dropped, the Austin American-Statesman reported Sunday.

According to disciplinary records the newspaper obtained, the civil service arbitrator who gave Hernandez his job back ordered the officer to seek counseling, visit a department psychologist and stay out of trouble.

According to the disciplinary records, San Marcos police arrested Hernandez at his home in January 1996 after receiving reports of a domestic dispute. Hernandez was charged with assault and family violence with bodily injury.

Hernandez was fired after he was arrested again in October 1996 on charges of repeatedly violating his now ex-wife’s restraining order against him.

Hernandez, 40, a six-year veteran, now faces accusations from other officers that he repeatedly struck a handcuffed but combative Fernando Rosales on Aug. 17 while trying to force the drunken driving suspect into the patrol car.

Rosales, who is from Monterrey, Mexico, was taken to Brackenridge Hospital with head and facial wounds.

 

From the district clerk’s online records (at https://www.traviscountytx.gov/district-clerk/online-case-information):

Cause Number D-1-GN-03-002984
Case Status CLOSED
Style ROSALES VS AUSTIN
Filed Date 8/15/2003
Hearing Date February 28, 2005 09:00 AM

DEFENDANT     JANE DOE                               SANDERS ROBIN

DEFENDANT     CITY OF AUSTIN                   SANDERS ROBIN

DEFENDANT     TOM OWENS
DEFENDANT     DANNY JOHNSON
                               BURNETT MICHAEL                              
                               LEONARD RAY

DEFENDANT      DOROTEO HERNANDEZ
DEFENDANT      AUSTIN POLICE DEPARTMENT
                                DOYLE JAMES D

PLAINTIFF          FERNANDO ROSALES

 

 

By the way – this law enforcement power couple has another fun item that kinda fits in here as well. Cause Number D-1-GN-97-012978; CASTILLO VS CITY OF AUSTIN; Filed 11/18/1997  (Search for it at https://www.traviscountytx.gov/district-clerk/online-case-information).  Ted was part of a group of APD officers who sued the city for “back pay” owed to bilingual officers.  I’m impressed that Ted had the time for work AND court appearances that year.

 

Cause Number  D-1-GN-97-012978
Case Status  CLOSED
Style  CASTILLO VS CITY OF AUSTIN
Filed Date  11/18/1997
Hearing Date  —
Attorney Type Full/Business Name First Name Middle Name Last Name
SMITH DAVID ALLAN DEFENDANT CITY OF AUSTIN
PLAINTIFF DEBBIE TREVINO
PLAINTIFF JOVITA LOPEZ
PLAINTIFF ERIC MORENO
PLAINTIFF JAMES CASTRO
PLAINTIFF CHRIS G VALLEJO
PLAINTIFF ADRIAN DURAN
PLAINTIFF GERARDO MOLINA
PLAINTIFF DOROTEO S HERNANDEZ
PLAINTIFF RAFAEL GUTIERREZ
PLAINTIFF LUIS DELGADO
PLAINTIFF GUSTAVO BARRERA
PLAINTIFF MARY ANN STONE
ADKINS D PHILLIP PLAINTIFF MICHAEL CASTILLO

 

COMING UP NEXT: LIES SALLY TELLS, TRUTHS SALLY AVOIDS – I’ll show you how in her own publicly released, very own approved statements, this unqualified and unethical pretender to the throne misleads you, the citizens and voters of Travis County.

How Travis County Sheriff Candidate Sally Hernandez Will Save Austin!!!

Hmm.  How WILL Sanctuary Sally save Austin?? Why, it’s super easy!  All she has to do is…keep her husband at home! Doroteo Salas Hernandez has been married to Ms. Sally Irene Riedle Wooten Whitley Whitley Whitley Whitley Best Hernandez (bet you … Continue reading

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New Texas Law – Tx HB 2268

In summer 2013, Governor Rick Perry signed into law0 Texas House Bill 2268

This has been hailed as a boon to consumer privacy, as it requires that law enforcement obtain a warrant if they are requesting, for example, a persons actual email content or IP address information.

More importantly for people like me, who have been the victim of cyberstalking, this law also gives companies like Twitter, Google / Gmail, AOL, etc, NO MORE THAN 15 DAYS TO COMPLY WITH THE WARRANT. If the magistrate signing the warrant chooses, he or she may pare down that time to three days if they feel the urgency is required. The law also requires that a warrant signed by any judge in the state of Texas be honored by any company that does business in the state of Texas. Proof of doing business in the state may consist of that little check box you click, swearing that you’ve read the Terms Of Service for the company. (I know you haven’t read any of them – just read one. Like Facebook’s. Scary stuff)

That’s pretty important, because Google and the others (I’m picking on them because they are the biggest thorn in my butt) have a tendency to claim that they only will honor warrants obtained in the same county as their base of operations. Fun game of hide and seek when a company’s HQ is in Denver and they are incorporated in Delaware – or outside the USA.

The caveat here is that the warrant must be “properly worded”. That might suck, depending on the literacy and competence level of your investigating agency.

I have heard, probably a dozen times, that we were waiting on _________ to comply with a warrant and it just takes time, gosh darn it.

Well, it takes 15 days now in Texas. Make sure that your own Keystone cops know the law, and know that YOU know the law.

The New & Unimproved 92nd District Court

I had posted this and then removed it because someone wrote and gave me quite a bit of grief over it. After considering carefully, I am reposting it. The beauty of the USA and my freedom of speech is that I am allowed to publicly voice my opinion that elected officials have made mistakes. Being quiet and trying to “play nice” has gotten me consistently fucked over in this divorce. Pardon my squeaking wheel.

When Judge Jaime Tijerina was appointed by Gov. Rick Perry to fill the position vacated by Ricardo Rodriguez, I was optimistic. Even knowing that he had gone to school with my exhusband from elementary school at Our Lady of Sorrows all the way through McAllen High School.

I mean how much worse could it get, right?

Famous last words.

I’m working on a nice detailed timeline to post, but a few of the highlights:

1) When shown documentation of a $100,000 settlement that my ex had tried to conceal from me, the judge simply ASKED my ex what was “left”, without requiring any sort of accounting or proof, and accepted my ex’s verbal estimate of $10,000 as gospel. He then misstated the source of the funds in the judgement, and refused to correct it in our final orders.

2) In our April 3 hearing, Judge Tijerina was shown documentation of an asset that was purchased before final orders were given. Judge Tijerina refused to enforce his own order that any asset concealed from me during the trial and judgement would be awarded to me.

3) Because my ex travels out of the country regularly and has family in Mexico, I have repeatedly asked for restrictions on my daughters passport. The part of the orders concerning her passport, presented for entry by my ex’s attorneys, bore no resemblance to what the transcript of the judges oral orders stated. Judge Tijerina ignored my protests and further refused to make the rewritten orders reflect what he had proclaimed. I requested that at least the written orders be amended to mirror federal passport law, and was refused, with Judge Tijerina saying “the law will prevail over the orders”.

What the fuck?

As I know first hand, what is “legal” and what a government employee, elected official, or officer of the court does can be at opposite ends of the spectrum. As an example, how about Judge Tijerina’s predecessor, Hidalgo County’s next District Attorney Ricardo Rodriguez? He blithely made those Temporary Orders Pending Appeal in this SAME CASE, that were out of his jurisdiction by 8 months. And then proceeded to enforce them, for which my protest of earned me 2 weeks in jail and a restraining order.

4) According to what my attorney relayed to me regarding what was said “off the record” in chambers, Judge Tijerina told the attorneys that he wanted this case out of his court! I have requested repeatedly that this case be moved – neither my ex nor I lived in Hidalgo County when he filed for divorce, and we now live 4 hours away.

But I guess now this case is inconvenient for the judge. What do you think my odds are of getting another court to fix what this court has spent four years screwing up?

5) Back between August and November, when a total of FIVE different judges had been assigned to this case, and it had been rescheduled by the court (not including the two continuances the parties had agreed to) THIRTEEN TIMES, I started getting a little worried. So I did what any voting taxpayer would do: I started calling my elected officials.

Sen. Judith Zaffirini’s office ran it by their legal team and they agreed that a phone call letting the latest judge (Tijerina) know that this tax paying, voting mother was desperately ready for a fair trial. Please quit with the rescheduling and get this three year old case wrapped up.

Judge Jaime Tijerina’s reaction to Senator Zaffirini doing her job as my elected official? To call my attorney and REPRIMAND me, via my lawyer. I was told to “call off the dogs” – if I’d made any other phone calls, that I needed to make sure no one else called about my case.

6) At our hearing at 1:30 Thursday April 3, 2014, we were the only thing on the docket for that afternoon. That date had been selected after the court set a hearing date without bothering to check with my side as to our availability. So my attorney and I make an 8 hour round trip, only to be told by Judge Jaime Tijerina when we get there, that we have TWENTY MINUTES, because he has somewhere he needs to be. After rescheduling me more than a dozen times in the last year or so, one more would have certainly been preferable to an 8 hour trip to see a judge who apparently has no interest at all in actually doing his job.

And those dogs I called off? I won’t make that mistake again. I forgot how much it intimidates would be authority figures when an individual knows and exercises their rights.

I would like to once again thank the OWLS for graciously taking the time to be in the courtroom. I am grateful that I had respected and impartial witnesses present to hear that a judge was too busy to do his job, refused to enforce his own order, and insisted upon leaving language in an order that he knew was in direct conflict with federal lawn.

Dr Curley – His Attorney’s Reason For Delay

For some reason, only Erie, PA journalist Emily Matson and I seem to be at all concerned with this case dragging on. Thank you and applause to her for getting more information. The following is quoted directly from her 03/26/14 article. It can be seen in its natural setting here.

The top doctor at the John Kanzius Cancer Research Foundation will make his way into a Texas courtroom in April.

57-year old Dr. Steven Curley is charged with illegally spying on his ex-wife’s computer activities.
A hearing that was scheduled for Wednesday in Harris County, Texas is now set for April 15th.
His lawyers are trying to get their expert to take a forensic look at his ex-wife’s computer.
Curley is facing a felony charge for allegedly installing tracking software on his ex-wife’s computer, without her knowledge.
Curley is free on $10,000 bond.
He’s still working on the Kanzius project, at the Baylor College of Medicine.

Awesome. He’s free to move about the cabin. I wonder what kind of deal he would get if convicted…you know, with MD Anderson, Kanzius and Baylot pulling strings for him? Or are those strings keeping him out of court altogether?

Gasp! Dr Curley / Hank Lehmann Spyware Felony Case Delayed!!!

You are, I am certain, flabbergasted to discover the unexpected and startling news that the MD Anderson doctor and his alleged sidekick did not face the justice system today. Once again, both criminal cases have been reset; this time both … Continue reading

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O.W.L.S. Of Hidalgo County

I’m not originally from Hidalgo County, and until recently my most notable interaction with judges had involved reciting marriage vows. I’ve been blessed in that my in laws have been supportive and have remained my family even though I’d be … Continue reading

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