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Thursday, March 31, 2011

An Open Letter to Judge Cobb: "So go ahead and threaten me with your district judge"


You should pay attention to what Pct. 1 Commissioner Ingalsbe asked you, "Why is the county trying to settle when because of inaction by Ramus' attorney the case is on a DWOP (dismiss for want of prosecution) docket?"


Note: The RoundUp and Contributing Editor Charles O'Dell have reported on this sordid matter for more than three years. O'Dell has authored no less than nine stories. Click on the links at the bottom of Carolyn Logan's letter for the background and more. County
officials are determined to continue playing their game of political chicken with the rules and the law, and, it seems, with anyone who challenges their authority. Friends of the court continue to get favored treatment as in the case of a resident whose county fees for a reinstall of a septic system were waived recently at the request of Commissioner Will Conley and approved unanimously by the court.

Ms. Logan resides on the far east side of Hays County. She has suffered much indignity at the hands of county authorities over a neighbor's disputed septic system that has wound up in district court. Rather than follow the court's docket to dismiss the case, county officials are demanding Ms. Logan "settle" at a cost to her. In our view, the county's forcing a settlement to score a political point and to "show who rules" is not a fair settlement for Logan nor is it justice. This morning, we e-mailed a request for a comment from County Judge Bert Cobb, asking specifically what he meant when he told Logan he has his "district judge in place." As of press time, we had yet to receive a response.

Judge Cobb,

Concerning the meeting last Friday, March 25th, with you and Commissioner Ingalsbe, I explained to you that as intervenor in Ramus' suit against Hays County that all I asked for was for the county to follow it's own rules. I said that Ramus built most of his project under the eyes of Tom Pope and Hays County before he had submitted plans and state and county required documentation. I said that Ramus never went to commissioners’ court to ask for a variance and he never got one. I said there were many installers including Doug Wheatley who looked at the property and declined to design and construct the OSSF, because it was not feasible for many reasons. I had official documents for all of these points and others, including copies of the Snowden Engineering reports saying that the permit should not have been issued because the OSSF would not hold up for long and it would put the environment and neighboring properties in a health and safety risk.

You cut me off with your question of, "What did the judge tell you"? I told you the judge did not rule on the septic system, but ruled on whether the county had the ability to rescind a permit. You refused to look at my pictures of the failed septic system and the cesspools that would not leach. You said that I had e-mailed you pictures for the last 3 years, that is not true. Until the night that I ran into you at the --------- Restaurant, where you and I talked about your proposed run for county judge and how Jim Powers, Linda Kinney and others were putting out great efforts to dissuade you from running, I had not seen or talked to you in many years.

You refused to look at legal documents stating the county did not follow or enforce its or the state's laws on the Ramus OSSF and that included a signed and sworn verification by Tom Pope that all statements contained in the documents are true.

You wanted to know why I was not talking to Kennedy because, "Mark Kennedy was in charge of this issue." Debbie told you that just a couple of days earlier Mark said to her that he didn't know anything about a DWOP docket that this case was set for dismissal on or a proposed settlement.

You said that you wanted this case to end. You said that you are looking to, "save the county MONEY." You said that you have, "your district judge in place and that he is going to order me to pay Ramus' atty fees and grant him a legal permit if I didn't agree to a settlement." I told you that I will not agree to pay to give up my property rights or my right to protection under the law, and that you all know that failed system is unsafe.

You said that Ramus had to have a permit to sell the property and asked if I didn't want to see him move. I told you that I didn't care if he moved or not, I just wanted to protect my livestock and family from his failed OSSF and the huge amount of commercial restaurant sewage that the permit granted, illegally. You said that Ramus, "needs the permit to sell the property because his money man flew and he doesn't have any money." I said that is no concern to me. You said when he sells the property that the county would have to re-inspect the system before it is put into operation, if it wasn't up to code it wouldn't be allowed to operate and I told you that it is in operation because there is only one system out there and Pope allowed him to connect the residence to the failed commercial system. I also said that it would be fraud to do that to an unsuspecting buyer. I said that Ramus swore in his Chartwells suits that he was going to have to sell his property and offered copies of his deposition to show you that.

You also said that you had been on and walked every inch of his property. Pct 1 Debbie Ingalsbe wasn't privy to nor did she walk every inch of his property with you. Yet, you refused to answer when, why, or who you were with. I told you that there are no audio or visual safety alarms turned on to that system. You started yelling at me that I better not be trespassing, I told you that I wouldn't set foot on that filthy place if someone rolled out a red carpet, I said that I didn't need to be on his property in order to see every inch of it. I simply had to step on to my back porch, pasture or the public property.

You said that you had a deal with me. I don't agree. Who had the authority to make a deal? You want to save the county money and you have your District Judge in place that will order me to pay if I don't settle. Well, as I said to you I am not paying to agree to give up my rights to protection under the law or property rights conspired to and violated by Tom Pope and Nick Ramus, or to a conspiracy for an act to defraud a unsuspecting buyer with a known illegal permit and septic system. Ramus is not going to sell the property, if he did that place would have to be razed and the junk hauled to a landfill, this is the same thing he claimed in his Chartwells suits. Anyway, that is his business and responsibility, not the county’s.

This whole illegal septic Health and Safety issue that was created by Conley/Pope and Ramus, spun as a, "neighborhood feud," and advanced by Jim Green and Barton for political reasons is as corrupt today as it was when they initiated it. It is common knowledge that, "two commissioners took a stand and are not budging," Conley is going to "protect his staff'. Well their "stand" has given power and encouragement to a former psychiatric patient and has put my life in HARMS WAY, and I no longer enjoy peace on my 34 year homestead because of the corruption and political games played out by these players. It has been obvious that there is no price to pay for Ramus or Pope. So go ahead and threaten me with your district judge. Go ahead and get your district judge's ruling, I've already been through that once in this dirty, rotten political game. Your job and that of the commissioner's court is to uphold the laws of the state and county, didn't you swear to that in your oaths of office? Or, did you swear to "protect our staff" when you know they did not and are not enforcing the law, because of a corrupt political stand?

You should pay attention to what Pct. 1 Commissioner Ingalsbe asked you, "Why is the county trying to settle when because of inaction by Ramus' attorney the case is on a DWOP (dismiss for want of prosecution) docket?"

The problem is that Pct. 1 Commissioner Ingalsbe is not aware of or a part of all the dealing and background movement in this case that has not been noticed on any agenda in the last 3 months.

I still want my rights to the law, because I am not willing to let my land be used for Ramus' drain field for the illegal commercial system that is in operation because of Tom Pope's corrupt actions and by this twice convicted Public Nuisance.

Sincerely,
Carolyn


Ramus punishment delayed pending ruling
High stakes suit
Victim in long delayed deadly conduct
Justice turned on its head
Hello Health Department: We've got a problem here
Clear and present danger
Attacking our democracy
Political games and public trust
Commissioners court: The good, bad and ugly
Hays County Government: By and for the well connected

20 comments:

Anonymous said...

"you said," "you said," "you said," "you said," "you said,"- sounds like a bunch of hearsay to me.

Sorry - no one cares about this anymore. You're just beating a dead horse.

RoundUp Editor said...

Part of Ms. Logan's letter was garbled during the editing process. We apologize for the inconvenience and will get it straightened out as soon as possible. Thanks.

Anonymous said...

"a former psychiatric patient"?
Mrs. Logan, you should be ashamed.
Of course, your pride won't let you admit that YOU are the one who needs to be committed.

Les said...

Ms Logan has many good points and did support the current county judge. The judge seems to not have a leg to stand on, no legs underneath him at all. What happened to the judge's rhetoric about property rights during the primary and general election campaigns? And how about the public health issue, Doc? Sure didn't take long for a guy to go from no back room deals to nothing but back room deals.. probably in record time, but why?

Sam Brannon said...

I'm not sure what Judge Cobb meant by his I-have-my-Judge comments, but it doesn't sound good.

I can't imagine why the county would want to settle this case when its on a drop docket, ready to be dismissed. What is Cobb thinking?

If Cobb walked every inch of that property, why won't he review Carolyn Logan's documentation on the illegal septic system that was put in. Who's he working for?

Commissioner Ingalsbe voted to rescind the permit. If she was not aware of the settlement talk, then who's running this show in her precinct?

Who's going hold the Environmental Health Department accountable for the county even being involved in this mess? It should never have been permitted. Who's responsible that?

Cobb sold himself as a guy who wouldn't stand for this nonsense. I and many others supported him for just that reason. There are a lot of disappointed Hays County voters out here now...

This just ain't right.... said...

Well, as for not caring about this issue anymore, I am sure glad that my neighbor's septic field isn't in MY backyard!

This is just one more example of people being denied fair and equal treatment under the law.

Mrs. Logan is in her rights to be upset about this. You would be, too.

Reason for Anonymous said...

I believe Ms. Logan because Tom Pope is a sleazebag.

I remember calling Pope about a SM property that was held by the County because of back taxes. Pope was very defensive and uncooperative - but I finally got a look inside.

Two weeks later Pope called me to see if I was going to buy the property and said he knew someone who wanted to buy it. I knew then and there he was using his position to get his cronies below market deals on houses that he had inside information on.

I knew with Pope in his position, the County was corrupt in its business dealings.

If I ever hear that Pope is being prosecuted for that type of criminal behavior, I would contact the authorities and offer to be a witness to what i experienced.

Anonymous said...

The word, “crotchety” comes to mind, describing both Logan and O’Dell.

Mary said...

This whole letter lost all credibility when the author used the term "a former psychiatric patient". There is no room for that kind of irrelevant prejudice in our county's public affairs. That kind of improper talk would make me want to disregard Ms. Logan just like Dr. Cobb is doing.

Charles O'Dell said...

"a former psychiatric patient"?
Mrs. Logan, you should be ashamed.

How so?

Ramus, has been shown to be a pathological liar and having among his many convictions deadly conduct for pointing a loaded gun at Mrs. Logan---and you don't believe being, "a former psychiatric patient" has any bearing on Mrs. Logan's safety or personal sense of well being?

You really don't get it---or are you just another one of the Conley/Barton crowd of hooligans trying to discredit the real and life threatening concerns of Mrs. Logan?

Which is it?

Conley/Barton have from the beginning used their official positions and family media to paint Ramus as a victim of political favors, when even a cursory review of the evidence demonstrates that Ramus is officially protected and thereby especially dangerous to Mrs. Logan and to the public health and safety.

More dangerous are those government officials who have broken our laws and been protected by elected officials Conley, Barton and our DA, Sherri Tibbe.

Tibbe wouldn’t even investigate documented allegations of wrongdoing in the Environmental Health Department and when the same protected Tom Pope kills an unarmed young man riding a bicycle, shooting him through the door and in the back, Tibbe once again protects Pope from the grand jury.

Ramus couldn't violate the OSSF laws without help from Pope, and now Conley and Barton, who used Ramus for their dirty political games, must protect them both to save their own hides---no matter who is injured or killed.

Still believe being, “a former psychiatric patient” has no bearing on this matter?

BarkR said...

As Pete Townsend wrote:

"Meet the new boss, same as the old boss..."

Too bad, I had high hopes for Dr Cobb.

Too bad we can't perform a recall election...

Is it time for a Liz Sumter "Do you miss me now?" billboard?

Peter Stern said...

Too many people are dealing emotionally regarding this long-time issue, which should NEVER have become an issue in the first place.

The varied problems occurred due to the manipulation of the legal system and poor decisions made by the previous County Commissioners.

It has always interested me that Mr. Ramus has had such "clout" with our elected officials, as though he has some sort of hold over them.

I know for a fact that in the past Mr. Ramus has lied about being a disabled veteran. I took the time to contact VA Records and various VA groups who stated that they did NOT have documents that show Mr. Ramus is a disabled veteran.

While it is not illegal apparently to lie about being a decorated disabled veteran, it is still a lie and shows us the true nature and character of Mr. Ramus. His actions do not lie.

The man at best and at the least is of questionable character, but apparently he has maneuvered himself away from any sort of true prosecution for his actions, including trespassing and weapons threatening.

His previous actions also show that not many of us would want Mr. Ramus as a backyard neighbor.

Mrs. Logan has every right to be concerned, angry and frightened of Mr. Ramus' presence and actions, and she deserves more protection by the legal system and by law enforcement. She is NOT getting that.

Had Mr. Ramus tried to intimidate a different person with the same shotgun actions, someone else may have shot him re: his trespassing with a loaded weapon. I certainly know that had Ramus ventured that way on my property he would not be alive today and the law would have protected my right to that action.

Both Mr. Ramus and Mrs. Logan are lucky to be alive.

There is nothing new about two neighbors in disagreement and being hostile to one another; however, in this instance it is NOT Mrs. Logan who has perpetrated the initial issue. It is the courts and previous Commissioners who orchestrated some of the events that have escalated to the current problems.

Court mediation, a.k.a., third party mediation is needed at this time, yet there is no movement towards this objective. Judge Cobb could move towards that goal.

Current Commissioners could aid this volatile situation by encouraging a third party mediation. It would be the right thing to do.

So, why is no one moving towards mediation?

Lock up your daughters said...

I know many of us would love to know just what mysterious power ol' Nick has over Barton and Conley and apparently now, Bert Cobb?

What is this odd relationship between Nick and Tom Pope?

Sure looks to me like ol' Nick has some great dirt on somebody.

I am just an outsider looking in, but seems to me Ramus knows where the bodies are buried.

Thinking long-term said...

Why isn't someone from outside this county government being asked to take a look at this case?

It is fairly obvious that this whole thing is fraught with insiders who all know each other too well and have past and present business and personal relationships outside of this particular case that are not being disclosed.

Take out who is related to who, who is covering for who and who just knows too much about the other people's business and you would get to the heart of this case in no time.

Peter Stern said...

To Thinking long-term:

Because it's not in their juriediction. They don't have the legal authority.

Anonymous said...

To Peter Stern:
The Texas Attorney General has jurisdiction over matters across the entire state. If I was Ms. Logan, that's who I would contact.

Anonymous said...

If our county officials have no respect for the law and operate arbitrarily, and if we have a DA that will not prosecute law breakers, and if we have District Judges who rule arbitrarily, then yes, its time for outsiders to step in and enforce the law.

Absent of that, its up to each of us to stand up and speak out.

I was reminded yesterday that we have a long history in this country of taking matters into our own hands when those who hold public office insist on bad behavior. Let's hope we avoid this.

Peter Stern said...

To last Anon:

DA Tibbes past actions and inactions have shown quite explicitly that her office is part of the problem and NOT part of the solution. Don't look for any REAL help from that office.

Peter Stern said...

Last Anon:

The Texas AG is notorious for NOT getting involve in county matters, despite the capability of doing so.

In addition, you must have reasonable "beyond a shadow of a doubt" documentation that the county is doing something illegal or proof that those in charge are engaging in corrupt actions.

Do we have that? It is questionable.

Charles O'Dell said...

Peter,

Commissioner Conley must have called you after your first post.

I should point out that his, “reasonable,” and, “beyond a shadow of a doubt,” are two different standards. The first is a threshold for investigation. The second overstates the standard for criminal conviction, “beyond a reasonable doubt.”

At a minimum, we have certainly presented abundant “reasonable” documentation that Pope and other public officials conspired with Ramus in breaking numerous OSSF laws and violated other criminal laws such as altering official documents, and using his office to threaten and coerce an equipment manufacturer into supplying missing equipment “as a favor to the County,’ to name a few. Pope’s own email has been used to show that he knew two compressors were stolen and that he lied to public officials investigating that matter.

There is much, much more that has been documented sufficiently that any responsible DA would at least look into the matter. Tibbe turns a blind eye to such evidence.

You are correct to believe that Tibbe is part of the problem. She also refuses to prosecute cases brought to her by the sheriff department and the San Marcos Police Department. A former sheriff said to me, “No matter how many cases we took to her for prosecution she often refused to prosecute.”

“According to the 2009 and 2010 reports, the proportion of cases assigned to (SMPD) detectives that were closed due to lack of cooperation from victim, lack of evidence, or a case decline by the Hays County District Attorney’s office increased from 10 percent in 2009 to 40 percent in 2010.”

But County officials who are above the law can depend on Tibbe to investigate and find them innocent. Officials like commissioners Conley and Ingalsbe, and Tom Pope. You already know about those farce investigations.

On the other hand, should an attorney file to run against Tibbe, she will not hesitate to obtain an indictment against him. That takes care of political opposition.

Commissioner Conley is working hard to, “protect staff,” maintain control of commissioners court and to obtain any kind of a settlement between the County and Ramus so he can save his own rotten hide.

You are too savvy to be bamboozled by smooth talking Conley.