DIMS' Constitutionality Still a Question -- Its Unfairness is Not

Last week Judge Montalvo issued a ruling on the Bittakis case and Judge Cardone issued rulings on the Tellez and Terrell cases. In all three cases the Plaintiffs had asked the courts to issue a ruling on the constitutionality of DIMS (an arrest system set up by Jaime Esparza whereby he decides who goes to jail and who does not, i.e. Joe Wardy at airport with a gun does not. Mark Bittakis at the airport with laundry soap does.) The point of that request was so that if the court had said DIMS was unconstitutional then the defendants, i.e. Esparza, could take the ruling up on appeal, maybe all the way up to the Supreme Court. What happened is that both judges refused to rule on the program's constitutionality. They said the plaintiffs had not properly put the issues before the courts and therefore they were not ruling on it. It was reported by the press that contrary to the Courts saying that they were not ruling on the constitutionality of DIMS, Jaime Esparza said that the courts had ruled on DIMS and declared it constitutional, or if those were not his exact words, he had left the reporters with the impression that that was what the courts had ruled. If the press properly reported the above, then Esparza has once again put his credibility at serious, serious issue. I often ask myself why Esparza does not just tell the truth. Politicians who lie to the public do not deserve to hold office. If we had a strong legal bar it would move to impeach prosecutors who lie to the public and who lie to the courts. What IS well-settled is that DIMS, "constitutional" or not, is a very bad system (keep in mind that slavery was taken up to the Supreme Court and upheld. It took a civil war to make it unconstitutional). Under DIMS, Jaime Esparza had made himself the gatekeeper of who goes to jail and who does not. There is no wonder why Esparza clings to this power as if he were holding a newborn in a storm. DIMS dictates that the police just make their arrests. Esparza has castrated the police. The Joe-Wardy at-the-airport-with-a-gun case is the clearest example of how bad DIMS is. That offense was committed in violation of state law in the presence of police. If Esparza had not gotten involved, Wardy would have been arrested by the police and taken to jail just like everyone else. But because the police need Esparza's permission before the can proceed under DIMS Wardy got a "Do Not Go to Jail" card issued by card dealer Esparza. Esparza has created two El Pasos: one for us and one for his friends. What Esparza has failed to understand each and every time is the while he is spinning his yarns on what the judge ruled or who is setting bonds or who didn't get raped by cops or why he pays his personal secretary, Amy Lujan, tens of thosusnads of dollars over her salary, or why he throws some people in jail and not others, the PEOPLE UNDERSTAND. The people know what the bottom of Esparza's boot feels like. Woe to Esparza for thinking he could try and get the People to believe that being ground into his heel is their natural condition. While he tell us, "let them eat cake" the people are getting their pitch forks ready.

P.S. I got yet another call on Friday from someone who had been polled. After she answered the question that she had an unfavorable opinion of Esparza she was rudely interrupted. What happened?




David K's new Radio Show on 1650 AM at 10:00 a.m.

Today at 10:30 a.m. I was invited and appeared as a guest on the David K radio show on 1650 AM. I want to thank Mr. "K" for inviting me to be a guest on his radio show as a candidate for District Attorney. Today was Mr. "K's" second day on the air and he hosted a fantastic show!

David called me and asked me if I would be a guest on his show to talk abut my candidacy. I appreciate his political acumen in recognizing that the race for the seat of DA is a hot one. I also appreciate his sense of fairness in wanting to get out the multitude of issues involved in this very important race. Remember all politics is local. David's show runs from 10:00 a.m. to 11:00 a.m on 1650 AM.

When I entered the studio at 10:20 David was hot on the air with callers. He must have had at least 15 callers from the time I went on until he finished (30 minutes later). Having been on radio before, I can tell you that a caller every two minutes is a fabulous drawing from the public. My impression was that David is very young and ambitious and wants to foster Democracy in El Paso by bringing different voices to bare on the political establishment by getting the hot button issues before the public. Be sure to tune to his show.

As for my appearance, the turn out was stunning. Most of the callers were supportive of my candidacy. The callers, Thomas, Ed, Lloyd, etc., were well informed about the fact that we have TWO El Pasos, one El Paso for my opponent and his buddies and the other El Paso which is the rest of us. The callers were angry that were two different sets of rules for the haves and the have nots. They were well aware of the fact that my opponent had let Mr. Wardy off for possessing a gun at the airport, while at the same time he has prosecuted others with full force for the same offense. The callers were informed about the injustices of DIMS and asked about that horrible program. I answered them and it was not a pretty sight for my opponent.

I want to thank the people who took the time and the trouble to call my office after the show offering their support for my cadidacy. I'll take it! Tell ten people about my candidacy and about the show that aired my views.

Listen to David K on 1650 AM. He is trying to bring balance to the multitude of voices in El Paso who have long gone unheard. When the voices of the People are ignored, it is not a good thing for Democracy. With a balanced program on the air for the People to be heard, it is over for the corrupt establishment.


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