The not-so "Gotcha" Moment

My buddy Jaime Abeytia dug himself and his candidate into a hell of a hole over the past few months.  He doubled-down on Lyda Ness-Garcia-Ourladyguadalupe-Hernandez-the third and lost.  Now he's trying to fight back and it's just not working.

He references a news story today that ABC7 did yesterday on the hearing for Ness-Garcia-Ourladyguadalupe-Hernandez-the third's open records request.  The story done by KVIA is nothing short of an embarrassment and Kevin Lovell's idol (mine too), Dr. Barthy Bird, would rip it to pieces.  Since Dr. Bird is busy, I'll rip it to pieces for her.

Go see the piece yourself HERE.

The story is introduced as a piece on Ness-Garcia-Ourladyguadalupe-Hernandez-the third's open records request.  However, the reporter never really gets into that issue and what the arguments for and against Ness-Garcia-Ourladyguadalupe-Hernandez-the third's position were.  Instead the whole package is a setup to ask Representative Lilly if she was ever forced to pay someone $117,000 in a lawsuit.  It's obvious that Ness-Garcia-Ourladyguadalupe-Hernandez-the third had this reporter on the hook from the start.

I watched the entire special city council agenda item from start to finish and the KVIA piece in no way covered what happened.  Ness-Garcia-Ourladyguadalupe-Hernandez-the third was beat like a red headed step child by every single person in the room save for her campaign manager.  It was so embarrassing for her that it was hard to watch.  None of this came through on the story filed by the KVIA reporter.

What KVIA showed was a story that was supposed to about an open records request, but ended with a gotcha question for Lilly. 

Jaime Abeytia swears that Ann Lilly met her Waterloo and proudly paraded the piece out on his blog.  He even went as far as to provide the documentation to prove that Ann Lilly lied. 

Well, poor Jaime loses again and along with him so does KVIA.  The only difference - KVIA should know better.  Kevin Lovell and Brenda De Andaknow better than to send a reporter out to ambush someone with a document that hasn't been checked out by someone who knows what they are looking at.  Jaime doesn't know any better.  Ness-Garcia-Ourladyguadalupe-Hernandez-the third told him to post the piece and he did what he was told.

You see, the document that the KVIA reporter referred to, and Jaime posted, isn't signed by the judge.  Without that signature, it's toilet paper.  Neither KVIA, nor Jaime took the time to figure out what the document ment. Now they both have egg on their face because both of them lack credibility due to the fact they used an unsigned court document as if it were signed and executed by the court.  It's less of an issue for a blogger because he has no credibility to begin with, none of us do.  The reporter from KVIA shames the entire news room with her actions.  Gary Warner wouldn't have stood for this.  The fact that Kevin Lovell and Brenda De Anda let this get by them is disappointing.  I like Lovell and part of the reason I got into media was De Anda and I'm crushed this came out of her news room (speaking of crush... I had the biggest one on De Anda in college). They both know better.

Here's the info on Lilly's lawsuit.  Lilly was sued for $117,000 over a dispute involving the sale of commercial property.  As I read the documents, Lilly offered to sell, then rescinded the offer for a better deal.  It went to court and the judge decided the case and implemented a "defense cost settlement" in favor of the person not named Ann Lilly.  It was roughly $18,000 in attorneys fees Lilly paid.  It was a disputed business transaction and it happens all of the time.  

I plan on providing the documents tomorrow - I have to vet the ones I've seen through someone who knows what they are looking at.  That's something the KVIA reporter and Jaime could have done to save themselves the embarrassment of quoting a useless document as gospel.  God knows there are a lot of motions etc that go back and forth and if you don't know what you are looking at, you could look really stupid.

I think it's hilarious that Ness-Garcia-Ourladyguadalupe-Hernandez-the third can't read a legal document and figure out what happened with the lawsuit.  Or, she knows what happened, but chooses to play this game in the media where she drops bombs she can't back up hoping they don't get the other side of the story. In this case, they didn't get the other side of the story from Lilly and Ness-Garcia-Ourladyguadalupe-Hernandez-the third gets what she planned for.  Mainly because the reporter doesn't know what she's doing.  A seasoned reporter wouldn't have done what she did because they take offense to being used.  Ask Crowder or Negron how they view people that try to use them to settle scores - they don't like it.  It demeans their craft.

In conclusion - Jaime's "gotcha" moment turns out not to be anything but an unsigned document that proved him wrong and his enemy right.  KVIA now has to live with the fact that they took a credibility hit because their reporter has a personal relationship with the subject of one of their stories.  And Lilly still wins easily. 

Jaime would do good to copy what I do when posting documents that are probably a little over his head.  I simply post them and let the readers decide what they mean.  You keep your shoes out of your mouth when you do that.

Comments

[Andre]

David,

Upon review of the documents in question as posted on Jaime's blog I noticed that: 1) you are correct. The document is not signed. 2) page 3 shows a "FILED" stamp on 25 Mar 2010.

I personally do not know but how can a unsigned document by accepted into public record?

[JamesS]

Andre and David.
Lets talk research. There is a corresponding document that shows that the Judge signed the document. That is how a civil docket works.
This was KVIA's baby - it looks like they showed it to Garcia at City council along with Lilly (who was clueless) I dunno why you are giving credit to Ness for that? KVIA broke this and everyone is along for the ride.
As for everyone getting a chance to have their limelight. The reporter did give Lilly a chance to explain.
Whose fault is it Lilly couldnt give an honest side of the story? HERS! What is crazy is that Lilly looks senile and clueless? How is it she is unable to even give a coherent response? Add to that KFOX interview and I have serious concerns about her having some brain damage after her coma those years ago.
I mean she is relying on you (without evidence) to explain something she should be able to - I mean lets call it like it is. You have no problem throwing bombs without basis.
Why is it you, her handlers and her attorneys speak for her?
Why do you and your mom support this old lady? There are so many other options.

[JamesS]

Just watched the City Hall
What a farce?
Hell, after that I would vote for that Ness gal!
The little highschool click was embarassing. Voting to deny before comments
The mayors sarcastic statement?
Lilly Voting?
They AAALLLLL make me sick. I am so sick of them all.
All covering eachother and their liberal agenda.I hope they all get voted out.
I respect Holguin for running out to avoid this joke. He knew what was going down. Robinson kinda suprised me.

[bueños dias]

James, David and "mommy to the rescue" along with Anne are owned and told what to do by the "People for their Own Prosperity ." Its all about money.

[100% voter]

buenos dias: why do you have a problem with people supporting a candidate for office? Why do you believe there is a hidden agenda behind someone's support of a candidate. If I made the same accusation against you and your support of a candidate what would you think about that? Instead of making an argument of why one candidate is more qualified than others, all I see from posters on this blog is mean spirited ugly comments that have nothing to do with any candidates platform, the issues, and what they would do once in office. Everyone that is eligible to vote gets to vote for the candidate of their choice. They should not be demeaned or ridiculed because of their choice. If you want to change someone's mind about supporting a candidate then why don't you state what you believe your candidate can/will do versus the other. Quit calling people names, and making accusations. You come across as someone that really has little interest in the outcome of an election and just loves to post on blogs and call people names. Man up and openly support your candidate and tell all of us why that candidate is the best person for office.

[gabriel]

100 percent voter = davidk or eileen.

[Lisa Turner]

Saw the interview take place. It looked like a sorority reunion taking place between Ness and the reporter. Could mean nothing but could mean something deeper.

And to another poster yes it's all about the money so it's with great hope you will pick a Dist 1 candidate with experience not someone like Ness who has become a huge disappointment in my opinion. Her message changes according to what forum she is at. Worse is her lack of understanding of the issues facing the City. Not uncommon in this election as many found out where City Hall was for the first time when they had to file for Office.

[Lisa Turner]

As a poster on the Strelz's site said in regards to Ness and her Special City Council meeting:
"She actually out Melina Castroed Melina Castro. "

[OUCH!]

I suppose all of Mess Ness' entourage left her for one reason or another.... I remember the days of Mr. Rollins and her constant shadow Kristin Perez, from the days of EP4Equality to the beginning of her campaign... Now it's Ms. Ness against the world, taking on city council. Where is Mr. Rollins? And from what I've observed Ms. Perez went from her bed and call to work for the Niland campaign, something I find very interesting, volunteering for a candidate that doesn't even represent your district. I wonder what sweetened the deal, Perhaps a spot on the cities payroll? Can't say I blame her, the economy is rough. I say to Ms. Niland, watch who you have on your team, flip-flopping can be as bad for candidates as it can for their staff..Keep your nose clean Candidate Niland, you are a great candidate thus far, with many qualifications other's don't have. This by far has been one of the most interesting and convoluted, election's, since the State Rep race.

[Diana]

James, you are an uninformed idiot. You can tell that news clip of Rep. Lllly was altered.

As for the outcome, it was the right one. Why should we, the taxpayers, pay for Ness's nonsense? Anyone filing an ORR has to pay, media included. So she can cry me a river and jump into it. She came across as crazy as Theresa Caballero.

[court person]

http://www.ktsm.com/news/city-representative-being-investigated-misuse-of-city-resources

Just 2 email replies from city employees, not even Lilly herself? That's all they got? LOL!

[Sammy C]

Just thought I would share some info I received by e-mail with your readers. It is some interesting information from someone very close to the mess.

http://www.facebook.com/notes/sammy-carrejo/the-lyda-ness-garcia-freak-showthe-e-mail-from-some-dude/161278010602297

[Carl Starr]

Secondary law-mitigating...181 Cal. App. 4th 236; 104 Cal. Rptr. 3d 93; 2010 Cal. App. LEXIS 59; 188 L.R.R.M. 2131 January 22, 2010, Filed.‘Campaign activity’ does not include the incidental and minimal use of public resources, such as equipment or office space, for campaign purposes, including the referral of unsolicited political mail, telephone calls, and visitors to private political entities. [¶] (3) ‘Public resources’ means any property or asset owned by the state or any local agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and state-compensated time. [¶] (4) ‘Use’ means a use of public resources which is substantial enough to result in a gain or advantage to the user or a loss to the state or any local agency for which a monetary value may be estimated.” (Gov. Code, § 8314.)Because appellants contend that the preparation and dissemination of the e-mail was “campaign activity” within the meaning of Government Code section 8314, the validity of their contention necessarily rests on the [***81] premise that Alvarado “use[d] or permit[ted] others to use public resources for a campaign activity” within the very limited definition of “campaign activity” set forth in Government Code section 8314, subdivision (b)(2). 2 “(b) For purposes of this section [Government Code section 8314]: [¶] … [¶] (2) ‘Campaign activity’ means an activity constituting a contribution as defined in Section 82015 or an expenditure as defined in Section 82025.” (Gov. Code, § 8314, subd. (b)(2), italics & underscoring added.) Government Code section 82015 provides: “ ‘Contribution’ means a [**127] payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes.” (Gov. Code, § 82015, subd. (a).) Government Code section 82025 provides: “ ‘Expenditure’ means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes.” (Gov. Code, § 82025.) No evidence was produced at trial that the preparation and dissemination of the e-mail, which appellants claim was “campaign activity,” was a “payment” of any kind, a “forgiveness of a loan,” or a “promise to make a payment.” Hence, the preparation and dissemination of the e-mail did not fall within the very exclusive definition of “campaign activity” to which Government Code section 8314 applies. Consequently, the trial court did not [*280] err in rejecting appellants' contention that the preparation and dissemination of the e-mail violated Government Code section 8314.

[Marie]

Pearson was fired for misappropriation of funds. He is mad at Lilly and started this mess to get even and in the hopes of Ness hiring him. I feel so bad for her current secretary. She probably did not think twice. She checked the calendar, saw she was free, and responded. She made a mistake but because of ugly, mean, vindictive, horrible Ness, she will probably lose her job.