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April 27, 2011

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I hope she sues your ass for slander/libel. Apparently being sued by one person already for libel hasnt deterred you. You better check your facts. I was campaigning hard in the last campaign for another Judge in another Court when her opponent filed a TEC complaint. She promptly fired her treasurer and entered into an agreed CIVIL judgment with a requirement to return the money and pay a minimal fine. Pretty sure that they didn't have much to buy in a family law Court other then the fact they hated the incumbent.
I would double check your facts about your statement that she is already a delinquent filer. Tsk Tsk. Simply simply untrue.
You also better check your facts about the IRS from 2009 AFTER the election poll you publish. I know you are a momma's boy working for your family but owing the IRS money when you are in private practice is so common place it is a joke. You also better check your fact on whether it still exists. Just saying... Again, I am a civil lawyer and I would be happy to take this case pro bono to make sure you all get your facts straight.
The icing on the cake is your ridiculous allegations about the husbands who are brothers. BTW - putting alleged doesn't relieve your from liability.
I know you already have a lawyer on retainer from another lawsuit so maybe you should consult with him.

Where are all these attorneys who think so little of her and aaaaalll these emails circulating?
Better back it up bc whenever my employees ask for a referral... Her name comes up as one of the best attorneys out there.
Let's talk about issues.
Lilly never ever returns constituents calls. I called her 7 times and 10 emails about my road. Not one response. Not even a courtesy email. She sleeps all the time and admits to campaigning at work and somehow leaving a document on city copier.
Manny is a family values guy with a family violence arrest against his second wife?
Besco has serious anger control issues... His
f**k you moment to my party shows some serious immaturity and lack of restraint.
That Dr. Has no idea what's going on.
Ric... Perpetual candidate enuf said.
abe- MIA clearly not serious about this.
I read your links and as a business man and a republican even I think you are taking this too far and out of context. Not sure why you hate her so much. I heard her talk and she's smart, sweet and pleasant and listened well not at all like caballero.
So let's go back to the issues.
Come on David K. Ask the candidates questions about policies. Don't just engage in personal attacks. Let's elevate the discourse.

It's obvious these comments are written by her starving campaign staffers, who work for food and free rent.

That's funny Mark, aren't you the dude that works for Woody and Bob? You control the old bag that doesn't give a shut about us here in the upper valley, yet your coffers are filled by Woody's money! Give me a break! Lilly needs to come out and show some real concern. She needs to attend a Forum instead of being MIA. She needs to remember the names on her donation list. She needs to remember the promises she made to perverse our valley! Lilly needs to bow out gracefully before she takes her eternal nap ( instead of the cat ones she takes on Tuesdays )!

Wow, Ms. Lyda Mess-Garcia is a total thug in a dress.

Thanks for the heads up. This information needs to be exposed to the senior citizens of District 1. I think its only right and fair to warn them of this con-artist of a candidate. Regardless, that polls show she only has 5% of the vote and her campaign has been a complete debacle from the gecko.

district1voter,

You must be the dumbest attorney on the planet! I provided links to government documents - how is that libel/slander?

Grant,

You're not a republican - you wouldn't be supporting the ultra-liberal Ness. nice try.

Ron M.,

That's not Mark Smith posting a comment. Totally different Mark. And this Mark is right - people forget that I can see IP addresses.

Actually David, I am a registered Republican. I voted for Dan instead of your lazy ass in the county commissioner election. It's amazing that you think you see IP assesses, yet if that's the case you'd know exactly what Grant I am. Your libelous stances are quite awful considering you are being sued already for you BS. You misquote, misinform, and your information lacks facts. That is libel and I do hope you are slapped with another suit. Pick on a good attorney and your likely to get taken to the cleaners. You better call mommy now so you can afford a good defense.

Grant,

You vote for Haggerty too? You are a liberal!

Where did I misquote? Please provide one example. Also, misquoting someone isn't libel. You might want to go read up on libel and slander law before opening your mouth about it.

I don't know any "Grant" in El Paso, so I guess you're still a legend in your own mind. Don't be too upset - all this blog talking you are doing has led Lyda to a distant third place in the polls behind Tim Besco of all people.

Riddle me this with a federal tax levy filed against you and bill collectors banging on your door. But yet Lyda Mess lends herself $2,500 and has her parents donate $1,000 to her campaign. I think Lydia Mess-Garcia Campaign slogan should be "Chickens today feathers tomorrow".

Polls are about as accurate as your horseshit. If just us Save our Valley folks vote for her, to spite the back stabbing candidate you and Woody are supporting, than Ms. Garcia will be the next Dustrict 1 Rep. On Monday 6 SOV volunteers walked our neighborhood. You so under estimate how much we dislike Lilly. The mere fact so many came out and ran against her and the fact she doesnt have almost 70% of the vote should be a clear indicator! Lilly's days of barely floating above water are gone .... She's sunk!

I think taxes are poor judgment of charactor, our tax code turns us all into schemers and loophole larrys and hypocrates, we are all guilty. Judge a person on if they are true to their spouces or provide for their children etc but taxes please.

Also of course there is a exception to inc ie law firms, just more reason to excerise your right not to vote and support public funded elections like 8 states have.

This is what happens in a community that eats it's young. No quality candidate of any sort to choose from because anyone of quality will not subject themselves and their families to a group of sharks. Only ego driven self centered opportunists or bidders for others as useful idiots need apply to city council. God help us!

It's an IRS rule that when you pay a lawyer for services (even if the State of Texas is paying you) you must issue them a 1099 - regardless of their corporate status. Those 1099s are then compared to whatever tax return the lawyer files. So obviously the IRS discovered that Ms. Ness was not accurately reporting her income and/or failed to pay the employer portion of payroll taxes (withholding, FICA and Medicare)- which for most small business that get in IRS trouble 99% of the time its because they did not pay the employer portion of payroll taxes to the IRS. The IRS will work with you for a period of time. The fact that the IRS filed a lien tells me they have zero confidence in her ability to abide by the law and pay back the taxes owed. A blog poster earlier said she's paid it back. Really? Then maybe she should produce a release from the IRS that states that or proof the lien has been removed. If she has an installment agreement with the IRS then why doesn't she share it with the District 1 constituents to prove that perhaps she was ignorant of tax law when she opened her practice and failed to follow the IRS rules regarding taxes. But sorry - I'm not giving Ms. Ness a pass on the TEC complaint/violation nor the federal taxes. I am a small business owner and have been for 15 years. I don't have a college degree nor a law degree but I damn sure know chapter and verse what my tax responsibilities are as a business owner and I have never had an issue with the IRS. Ms. Ness is either incredibly stupid or just plain thinks laws are for other people and not her.

Beth Armstrong: I have watched the SOV group since 2004. They are incredibly angry, elitist and despise Hispanics, military and anybody that's not "rich and rides horses". SOV would support Stalin, Hitler, or Hugo Chavez if they promised to take Redd Rd. Extension off the City Thoroughfare plan. Your anger shows when you talk to other people - which puts them off. So don't be so overly confident.

100%,

I do talk to a lot of people ... and they all are voting against Lilly! No one in the Upper Valley is supporting Lilly. I hope that Rim turns out in hundreds, otherwise Lilly is going to be the loser. She could have easily been re-elected if she would have stuck to her original promises, but instead she decided to give in to Hunt and his big corporate money. Even Byrd (the Byrd that keeps Lilly awake) doesn't support the direction Lilly has turned. That Lilly Pad is about to see what it's like to piss off her base.

Just wondering about these SOV folks. I followed all of the doings surrounding the issues they support and never saw Ness out front fighting for the SOV and yet there was one who did but you won't support that person. Got to ask why?

Oh BTW ness's signs are posted on city property and state ROW's. Guess the law means nothing to her.

Just curious. How many of the candidates actually vote in elections.

"Slander"/"libel" those are Sarah Palin's buzz words.

Here are some better phrases perhaps Ms. Mess could use, they are from an obscured disgraced public figure.

"This is political blackballing" against me.

"This reprimand is an earnest effort to blackball me"

"I have been politically ostracized."

Why people choose to be publicly humiliated time after time is beyond comprehension. Maybe it's egotistical cry for help.
My heart goes out to the families who have to be associated with these scandals and have to see their loves one continue these self-destructive cycle time after time.

April L.R.

Grant said, "It's amazing that you think you see IP assesses, yet if that's the case you'd know exactly what Grant I am."

I have no ulterior motive to tell you that yes, David can/does sees your ip address. It doesn't mean all that much -- it's not like your ip address will produce a real comprehensive criminal background check -- but he can tell the location you are posting from (assuming he remembers the ip address of places like City Hall, and I'm confident he does. ;) )

Thanks for the (always) intelligent posts Carl Starr. xoxo

Mojo,

If that's the case then David will know I'm at home in the upper valley. Frankly since David is coming off a loss himself I'm not sure he has much room to talk. And speaking of families, I hear his wife was having an affair. I wonder if that really is his kid or is it the UPS driver's? I mean it's probably not appropriate to bring up, but it seems like David is no holds bar and wants to bring it all out? And about that criminal history, wasn't it a DWI that got DK in trouble? I mean since were triwing stones and all, let's talk about the class house you live in! After reading Jaime's latest blog disproving DK's alleged facts ... It's ironic that the company that David works for (his mommy and daddy), they too have IRS trouble. No wonder DK knows so much about tax issues. Load, Aim, Fire ... Keep slinging mud David. You need to be weary of the accusations you make. You've already lost a lot of respect in this city.

Juan,

Nobody believes your bullshit, but it is quite funny. So my wife is with UPS guy, but we prefer federal express!

As far as tax trouble - it's public record. Find it and post it.. you can't because it's not true.

Besides, I'm not on trial here - nobody cares.

You ness lovers are a bunch of big babies. The poll broke your heart because you're losing to Tim Besco... who is in second place behind Lilly.

Lighten up.

Juan,
David will know -- assuming you are a poster with "stats" to compare -- what ip address you are posting from -- the computer you use at 3am might have a different ip address from the one you post on at 1 pm -- and he will be able to see this information. If other posters are posting from the same ip address you post at 1pm, a blog administrator (ie DK)can compare locations. This information doesn't amount to much but he's not just blowing smoke -- He Can See every ip address that crosses his path. This isn't real new or sophisticated technology peeps. If you are worried about your ip being tracked you can try a program like this >>> http://anon.inf.tu-dresden.de/index_en.html

I am Lyda's mother and I am in the best position to know the truth and respond to the assumptions, 'hunches' and mudslinging. In terms of the IRS - I guess no one has ever dealt with the unreasonableness an incompetency of this government arm that has been given more power than it deserves. In 2006 I get a bill from the IRS stating I owed the $50K. when I called them up they said INote that I was salaried and working for General Motors where taxes (FICA etc) are automatically deducted) It turns out that they had 2 accounts under my SS#. when I produced my tax returns it was found that since I filed jointly and since my husband's SS# was named first on the 1090 form they could not cross reference my SS# - real incompetence. They also said that I hadn't update my married name in 1983 when I was married and had the wrong name at SSD. Yet I had been filing taxes jointly since 1983.It only took the 23 year to figure there was a problem with their files! It took the IRS over a year to sort out the 2 accounts they had under my SS#. They could not cross reference my SS# to the joint returns and the IRS bills kept rising exponentially. I can tell you when the woman is a professional we focus on our jobs, we do not have time to mess with the incompetencies of government bureaucrats.
Now to my daughter's case - as a struggling small business owner (and a staff that had been stealing clients from her - a paralegal taking prospective clients and channelling into her own practice - an illegal act as paralegals cannot practice law) her business was struggling. My daughter at that time was new and naive to business and trusting of people based on her own character and standards. She learned the hard way how you cannot trust even your own employees. These employees were also treasurers of her campaign, and whether from incompetency/ignorance or knowingly (I suspect the former) they handled the contributions. When my daughter found out she fired them. You will note the Ethics Board found no wrong doing and did NOT sanction my daughter, believing it was an oversight and just asked her to return the small amount that was above the limit. If the Ethics Board did not sanction my daughter who made you judge and jury.
What my daughter experienced from the IRS was typical IRS logic that you are guilty until you can prove otherwise. As a small business owner she was struggling in the begining until she could build her reputation to get clients (which she has subsequently done). Her grandmother and I gave her financial assistance until she could get her business running. She also had her new car stolen (that was in my name since I bought it at employee price - I worked for GM). The insurance paid me and I sent the check to my daughter. All this money the IRS said was income from her business and it took us for ever to show that we had given her the money that showed up in her bank account as deposits. We had to look through our files, contact insurance for a duplicate copy of the check, etc. Anyone who runs a small business has had the pleasure of an IRS audit can tell you what a nightmare this can be and how eager agents assume any bank deposit is income. Unfortunately the IRs wrongfully assumed deposits were income. I have close friend who own restaurants and other small businesses that have similar stories and experiences. The government, in their eagerness to fill their coffers, immediately overestimate the prophets and you are left trying to prove otherwise. They do not go after large corporations the way they do after small businesses.
Note that both my issues with the IRS and my daughter's were under the Republican Administration (I am ashamed to say)
By the way, my poor widowed disabled mother was chased by the IRS for the measly amount she made with her income being a small Social Security check that didn't even cover her medications and my father life insurance that was small.

When the government and IRS start going after the big corporations and not nickel and dime small businesses, widows, retirees, etc. I will give them legitimacy.

100% voter - pray tell what IRS rule requires the hundreds of clients who hire attorneys all give them 1099's? Ha Ha - too funny. In my 32 years of practice I have never received a 1099 except for work done for the county.
First, if you have not paid your payroll taxes you would not be running a business. Plain and simple. So stop hypothesizing and just stick to the facts.
We know that something happened many many years ago.
We know she is still practicing law and her license is valid.
We know there is no levy against her or garnishment.
So what do we know from that? That whatever happened years ago was de minimus or she was given a pass because she was newly in practice or... who knows? Not you or I.
I hope you have had the luxury of never having a bad year but I promise you that in the legal field we have tides and flows just like a lot of industry. So as many business owners she might have had a rough year and I dont begrudge her that. Trying to make ends meet as a single mother (who if your bloggers are correct) doesnt get help from her ex.
I commend her for picking herself up and moving along. Redemption is a powerful thing.
The fact she doesnt dignify this libel (and yes libel is the written dissemination of untruths) means that she doesnt want to dignify these personal attacks.
Its like these "birthers" where Obama broke down to the bullying hysteria and produced his birth certificate.
As for the TEC - it is so tiresome. I sat on the ethics board here in El Paso for Bar complaints on two separate occasions during my career. So of course your allegation peaked my interest. I actually read it. Her incumbent opponent filed a civil complaint. She returned the money (only 1/3) and paid a small fine. All agreed. All simple with no admission of fault or not. Oh yeah, and she fired that treasurer/office manager.
And back to the bar complaints and grievances. It should be noted that her law record is clear which tells you something about the way she practices law. I have only met her once in Court since I dont practice family law, but she is anything but a bully. She is charming and very intelligent and very reasonable. Licensed in three States and board certified.
I would suggest rather then throwing dirt that you actually talk to the woman in a civil manner and ask her the questions. The conspiracy and ridiculous hypotheses about everything is lazy reporting.

By the way, my husband and I are Republican, and I can assure you my daughter is neither a communist nor a socialist. Just because she believes in civil rights for all and as a child has always stood up for the underdog and those who are unable to fend for themselves does not make her a communist. How absurd. It is ironic that because she is concerned about preserving what makes El Paso attractive to outsiders and businesses because of its wonderful panoramic views makes her a communist/socialist. Are you too stupid to see that preserving El Paso's assets will attract businesses because they can attract well qualified employees to El Paso. I am a Republican and I too am concerned of destroying El Paso's beauty! I hate to think the party I support does not stand for preserving natural resources and responsible development!

Oh Oh David. You've pissed off a candidates mother...
(not that mothers are biased or anything... ~rollingeyesface~ )

This election cycle has a controlling, behind the scenes husband, and a stage mom! That's a "win win" in a Jackie Collins novel. ;)

Hard to believe I know, but I'm betting on city council being even stranger than it is now after all this shakes out...

Behind the scenes? My name is posted! And you are not biased? At least I know my daughter (strengths, weakness and all) better than all of you.

My daughter is not aware I am doing this and probably will not be pleased that I am meddling but I will not stand by and see the garbage that you put out that impact her family and my grandchildren.

God does not like 'Ugly' ... beware of Hubris.

Don't you just love the how her supporters blame everyone else for her actions and never speak to the obvious lack of personal responsibility...

Lets be frank...we'll give you a pass if you screw up your taxes once due to lack of experience, but multiple years? 2004, 2005, 2006 and 2007 resulting in over $180,000 in multiple tax liens?
Get serious and hire a CPA. Having this occur over and over shows a lack competency and a track record of ignoring your obligations.
You also don't get a pass for not paying AT&T for your fancy $20,000 Yellow Pages ad(s).

Make all the excuses you want and try to spin this as some kind of conspiracy or personal vendetta...the fact is every single one of the examples David posted above was a result of her own doing and she bears the responsibility for her actions.

Forget the blogs we need to book the Mess family on the next episode of "Jerry Springer".

Common sense would be it's best I get my affairs in oder before running for office. In reference to Mommy Mess, where were you to mentor and advice your daughter that this was not the best time to run for office.

I "get" that you are not "behind the scenes," (some might find that to be a problem in a political race when you are the candidates mother... but I digress...) It was in reference to a candidate from District 8 -- there are other races going on.

You are probably right about your daughter not being pleased. I do appreciate where you are coming from, however; If my mother responded to anything DK might say on the blog he pays to have -- it would embarrass the crap outta me, and piss me off bad. Humility is such a shitty lesson to learn during a campaign -- as one poster explained earlier -- it's one reason Not to campaign. ;)

This town seems to allow amateurs to run with zero direction and little control -- is it like this in other big cities? Would an Austin, Baltimore, NYC Candidate have someone on staff to say -- "Hey -- tell your mom NOT to POST on spiteful bloggers websites, no matter what might be said. It just stirs up more shit." If not -- there is a big political void to fill. ;)

P.S. -- the spiteful blogger website remark is meant with much luv and respect. :D

Mother Mess gives herself the titles of Medical Doctor with a Master's degree in Public Health & Fellow, American College of Occupational and Environmental Medicine, but yet manages to have a lot misspelled words and grammar errors.

Death benefits of a life insurance policy, these funds are free from income tax to the beneficiary or beneficiaries. Seniors with only social security income of less than $25,000 is non-taxable.


Jerry,Jerry,Jerry,Jerry

Mojo,

Priceless. I'm laughing out loud.

Meanwhile back at the farm

Lyda A. Mess Garcia for City Representative District 1
Over 60% of the voters in the latest poll do not agree with the incumbent's direction! We have overcome name recognition and evened the playing field with former Congressional candidate Tim Besco. To ensure our place in the runoff ballot please call your friends and talk to your neighbors and groups! Our grassroots effort has to compete with $17K worth of mailers our opponent's specific interest group has paid for!

Lyda Mess-Garcia talking to her supporters on the campaign trail

Laura Valerio: I heard I am not able to vote since I live in Horizon? Is this true?

Lyda A. Mess Garcia: correct - only city district 1 can vote. Meaning if you live anywhere from rim road, north of mesa and up to westway in the city of el paso you can vote in this specific district.

Lyda A. Mess Garcia:But you can volunteer!

I would assume this how Lyda Mess picked her 2008 campaign treasure and her campaign staff for this election.

If Mess Ness Sr. and Mess Ness Jr., spent more of their time campaigning than blogging she might get 7% of the vote.

Annoying that she is expanding the precedent set by adding a Hispanic name to her name to appeal to Hispanic voters.

And what on earth is Ms. Mess Jr., doing allowing her mother to blog?

No matter who gets elected they are still are being elected by the 14 to 25 percent,depending on the election turn out numbers, who turned out to vote.A minority group of voters once again rules El Paso.El Paso has had a shining track record with that approach.Yep!That has really worked out well.

Is that Paralegal's name Roseanne Stogner?? This Paralegal was a fine example of funneling clients into her own (illegal) practice and when that was not enough she embezzled money from her employers.

A perfect example of being a victim by a person with no values or morales and the "Cannons of Ethics" was a far cry to Ms. Stogner's beliefs. This woman left a trail of victims and I hope that she is brought to justice. Too many attorneys elect not to prosecute their paralegals for fear that their clients will draw the conclusion that hiring incompetence is because the lawyer is in fact incompetent themselves.

I must say this can be a reasonable conclusion to draw when you give a Paralegal full access to your practice?

What is worse? Bob Hoy's BANK OF THE WHITES crowd who will own Anna Lilly, or Lydia the Mess Ness, who is steered by the resurected Onate - Eliot Shapleigh and his group? The Eliot Shapleigh group not only play footsy with the Bob Hoy crowd, they do their dirty work in exchange for their personal pet projects.

Ness is a Mess, Lilly is a stooge, vote for Besco, Hinojosa, or Peinado. Break up that gang of corrupt elected officials!


Bank of the Whites?
Bank of the Browns?

Good thing I bank at the First Light FCU - they don't care what color my money is!

Bank of the Whites: Rick Francis, Bob Hoy, Paul foster, Robert Brown, Ted Houghton, Maria Teran (token)...

Bank of the Whites = Bank of the West.

You gotta have a big portfolio to be banked at Bank of the Whites. Stick with First Light buddy,

But Bankf of the Whites is buying all your political representation.

How about that .... It looks like your narcoleptic incumbent got the boot from the Times! She was the only current office holder that they thought should go home. I guess the Times felt she can nap at home just as well as she does from City Hall. Dulce Suenos Señora Lilly!

Happy Birthday, David!

Anyone that gives any weight to an endorsement from the Times or any other group or organization is an idiot.

Who cares?..don't you have a brain to form your own opinion w/o someone leading you by the nose?

Happy B.D., D.K.!
Winning!
~vegasstyllllle~ ;)

If the SOV manages to elect Ness-Garcia, they will have to live with the embarrassment of having yet another person on our City Council who operates outside the letter of the law.

I have personally looked up the IRS claims against Ness-Garcia and it appears she owes approximately $190,545 in back taxes and there is no release of the tax lien against her. Therefore, the taxes remain unpaid. All of this is public information and anyone can obtain it through a simple search.

It is always easy to vote against someone but voting for someone takes a little research and information. Do you really want a person who doesn’t pay their taxes reviewing our city budget, making decisions on the legality of city actions and deciding how to spend taxes that the rest of us pay?

Saul: I agree with your comments.

We need to change the City Charter to state that a city council person may not be sworn into office if they owe state or federal taxes or have any judgments against them. Currently the Charter states they can't take office if they owe the City any back taxes, fines, etc. That way it would certainly keep people from seeking office that owe money to the government or they would sure hurry up and pay off their debt in order to run. I can't see Ms. Ness's law practice producing $190,000 net income to pay off her debt to the IRS and then there is the $33,067 in judgments she owes (plus 18% interest). She needs a lottery win or a sugar daddy to get out of her financial mess.

You and Jiame fuck each other behind closed doors.

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