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Open Records Act Violated By BPD, DA and others

by geral Saturday, Feb. 27, 2016 at 11:16 AM
gsosbee@gmail.com na usa

This report focuses on violations of the Texas Open Records Act by police, DA, and others.

February 27, 2016 AG File # 598043

Office of the Attorney General



Open Records Division



P.O. Box 12548



Austin, Texas 78711-2548



Re: Continued Intentional violation of the Texas Open Records Act (ORA) by the Cameron County District Attorney (DA), the Brownsville, Texas Police Department (BPD) and others.



This request for AG order to parties to comply with the ORA focuses on the crimes committed against SOSBEE and his wife as both SOSBEE and his wife tried to report to BPD on or about November 20, 2015.



The BPD refused to accept the report of the crimes which were reported by two victims: GERAL SOSBEE and his wife. About a month later the BPD ordered Detective Adrian Posada to put something in a file, so Posada wrote a creative but false/misleading report number 1512-2240.



The specific individuals who today refuse to comply with the ORA are: Luis V. Saenz, DA;Adrian Posada, Detective; Sergeant Martinez, BPD; James Paschal, Commander, BPD; Orlando Rodriguez, Chief of Police, BPD; George Delaunay, Investigator, DA; JoAnna Serrato, government position unknown; Janie Carrizales, government position unknown; Rolando Vasquez, BPD Internal Affairs; et.al. names not available.



Recent disclosures from the DA, BPD reflect the following refusals to comply with the ORA:



1) In Delaunay’s email to the fbi, Delaunay refuses to release the contents of the email and admits that GERAL SOSBEE (SOSBEE) is the subject of the message; Delaunay also refuses to release the fbi’s email to Delaunay regarding SOSBEE; Delaunay also refuses to release the contents of all of his meetings with DA, fbi, BPD officers, and any other person on the issue of SOSBEE. Delaunay admits to contact with fbi at ‘ryan.flint@ic.fbi.gov’ on or about January 15, 2016, 4:35PM., as per Janie Carrizales. Given the offenses committed by the BPD and the current cover up by DA (who refuse to meet with the victims in the case at hand) Delaunay is legally and ethically way out of line.



2) Posada continues to withhold his notes (every item) on the issue of his unlawful actions as I have previously documented with the AG and the DA. Note that Posada, upon initial contact with SOSBEE on a separate and unrelated offense, found SOSBEE to be a credible witness of such offense, and Posada advised SOSBEE to wear a body camera; recently, however, in the present case which Posada refused to investigate, he advises SOSBEE to “take the medication” (for paranoia) and that “filing a false police report is a crime”. These statements by Posada reflect the unprofessional and assaultive disposition of Posada toward SOSBEE and his wife in that Posada refused to do his job, engaged in threat by intimidation and other offenses toward SOSBEE and wife, as I have outlines for the past three months.



3) Martinez, who falsely states that “Sosbee is very upset” .



refuses to release his communications with Posada regarding all matters relating to the Posada misrepresentations. Martinez is the same BPD officer who previously (in a separate case) repeatedly violated the ORA. Martinez has never been in contact with SOSBEE on the current case referenced above in AG file #598043. So, he makes the above blatantly false statement for reasons known only to hm.



4) Also, all individuals listed above, or one or more of them, refuse to release the Sheriff’s report filed by SOSBEE (and now in the possession of the BPD and the DA) on the crimes which Posada refused to investigate (the Sheriff’s report may have internal notes, stamps, etc., which I am entitled to see.



5) Paschal promised to send me an email confirming his own investigation of the crimes that I and my wife tried to file with Posada. Paschal’s records, notes and meetings on the issues of SOSBEE are also unlawfully withheld.



6) Vasquez also withholds his notes of his own inquiry on Posada and notes regarding the visit with him by SOSBEE and his wife (a meeting that lasted about a half hour).



7) Chief of Police Rodriguez fails to order his officers at every level to stop covering up the lies and misrepresentations, slander and other offenses being committed by many in the BPD in connection with the SOSBEE reports of crimes against his person, his wife and his property.



8) Some of the reasons why the ORA should be enforced in this case are apparent:



a ) SOSBEE represents himself and his wife in efforts to stop the criminal assaults on himself, his wife and his property by unknown persons who are acting at the direction of either the fbi or some other government entity. All police officers over the past twenty five years have refused to investigate serious crimes (including attempted murder, torture, destruction of my cars, etc) in various cities as set forth in my site at sosbeevfbi.com. The most recent crimes of felony stalking and threats by intimidation were committed yesterday (2-26-16) at the Brownsville, Texas Mall. http://austin.indymedia.org/article/2016/02/26/disgrace-usa



b) The law is subverted when police capriciously hide or cover up their own failures or crimes.



c) Public policy requires *transparency from the police for obvious reasons; no less openness is mandated when evidence shows offenses committed by police and covered up by police and DA.



d) “An open government is the cornerstone of a free society.” AG



e) The police have become at times a part of the crime problem when they refuse to accept a report of crimes and then the same police threaten or intimidate the very victims whom the police are charged to aid. If the police are allowed to hide their offenses then no accountability be possible, and the entire society suffers.



*”emphasis on transparency and free, unrestricted access to knowledge and information, as well as collaborative or cooperative management and decision-making rather than a central authority.” Wikipedia



This letter is not sent to the above listed offices because they already are on notice of their refusals to comply with ORA. In connection with AG File # 598043



Thank you for your consideration.



GERAL SOSBEE, ATTORNEY



Texas State Bar # 18855625



P.O. Box 1548



Brownsville, Texas 78522

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