For the almost six long years that this case was quietly manipulated through the courts from 1997 to 2003, Montgomery County Commissioner’s, led by Judge Alan B. Sadler, went into secret “executive sessions” (as allowed by the statutes) to plot and plan a costly and morally bankrupt strategy to have the County Attorney delay and stall the plaintiffs from having their day in court and to keep the “scathing” details of the events of this “gestapo” type action from leaking to the public. (Click Commissioner Court Minutes Example)
Voters should remember when they go to the polls that their elected officials knew and also didn’t care that their chosen legal course of “cover-up” and “stalling for time” would be funded by what they seem to view as their very own private piggy bank of “endless” taxpayer dollars.
This stalling “tactic” is one that shyster attorneys often resort to when they know or suspect that they’ll lose the case in court “on the evidence” but decide to “milk” the client for all they can get while also hoping for witnesses memories to dim; or for them to move away; or for the plaintiffs to run out of money; or to even die.
In this case, during the almost six years, one plaintiff and one defendant did, in fact, die (probably due to the stress). When the businessman plaintiff died on April 19, 2000 his widow remained as the only other plaintiff (besides the businesses themselves) which may answer why, in the end, she may have felt helpless to keep up the fight against the “good ole boys” machine.
So, the county’s plan worked. The evidence in this case never made it before a jury nor did the horrendous details ever become generally known. Because of this, I am obligated to point out that everything in the docs posted here are only “allegations” though much of it is sworn to “under oath” in depositions and affidavits legally taken by attorneys in the case. No one involved in this case was ever found guilty of anything. (What a travesty of justice!)
J.R. Moore, Jr.
The litany of mostly unsuccessful “motions” and “objections” filed by the County Attorney appears to have specifically targeted the exoneration (or severing) of one particular defendant, tax assessor J. R. Moore, Jr.
Speaking of tax collector Moore, he is alleged in this lawsuit to have acted under color of his office to: 1.) sign a “false” affidavit; 2.) deprive a delinquent taxpayer of his constitutional “right to due process”; 3.) authorize the “complete dispersal” of company assets without legal authority; and 4.) selecting auctioneers who were identified as his “friends” and were alleged to have padded their bill. (Click Auctioneer’s Paperwork/Contract)
As it turned out, after more than five and a half years of spending the taxpayers money the county was unable to find any court (all the way to the Fifth Circuit Court of Appeals) that would agree to sever Mr. Moore from the suit.
Be sure and read the 5th Circuit’s opinion of J. R. Moore’s actions which led the court to state that “a trier of fact might conclude that Mr. Moore dispatched the lawyers (from Heard Goggan) to close the business“ and that “a trier of fact might also find that Mr. Moore later signed a “false” affidavit asserting that the already seized property was not secure”. (Click Fifth Circuit Opinion)
As a matter of fact, hollow as it is for the plaintiffs in this particular case, our own illustrious Mr. Moore can be so proud of the fact that his appeals in this lawsuit brought forth a Fifth Circuit Court “precedent-setting” opinion that lowered the “standards” and CONROE CREOSOTING v. MONTGOMERY COUNTY, et. al. is now being cited by other courts as reason for denying other defendant politicians’ claims of “official immunity”. A small victory for the public at large. (Click Two Examples)
Only after all appeals of Mr. Moore to get himself removed from the suit failed AND in light of the very “damning” Fifth Circuit findings about his part in the “unfortunate affair” did the County, Mr. Moore, Applewhite/Brouse and Heard Goggan manage to get the original plaintiff’s widow (“worn down” no doubt by the county’s tactics), to agree to dismiss the suit. (Click Agreed Motion to Dismiss)
I’ve been unable to find any reference to specifics of any agreement except that the Docket record does state that each party agreed in the end to pay their own costs of litigation. The Docket Sheet gives an overview of all the legal maneuverings in the case listed in descending date order. (Click Docket Sheet)
Commissioner’s Court minutes dated 9/8/03 reflect that the taxpayers of this county paid the costs for the county to fight this lawsuit! (Click Comm. Court Minutes)
I would encourage anyone who is interested to know the total amount of taxpayer money that was expended on the case to request the figures under the Public Information Act. Whatever the amount is, the commissioners of this county should have had the decency to see that that taxpayer money went to the plaintiffs as damages instead of spending it to defend the tax collector and his pals.
I should take this opportunity to explain that many of the court records contain disturbing and potentially embarrassing references to personal and private matters of the plaintiffs and recount numerous sleazy and defamatory statements allegedly made by several defendants. I have decided to “black-out” as much of this garbage as possible in an honest attempt to soften the sting of re-opening what surely must be the very personal wounds already suffered by plaintiff’s family. Nothing that I’ve crossed out is of importance to the reader’s overall understanding of the alleged motives or criminal nature of the acts associated with this case and leaving them intact would only serve the prurient interests of the few.
Also, I would like to point out that there appear to be many missing pages from the sworn depositions. Certain depositions also appear to have pages mixed up from other depositions. Though this results in some confusion (and a little frustration) as one reads through them, the information gleaned from each deposition is enough to give a real sense of each person’s desire to be truthful or not. Readers should know that depositions posted below are exactly as I found them in the official court records. Nonetheless, the depositions along with all the other documents I have chosen to post will give the readers a complete enough picture of who is lying and who is telling the truth and who did what, to whom and when and why. It should be noted here that there was testimony given in depositions that indicated defendant’s FEAR for themselves and their family in retaliation of their testimony given in front of other defendant’s attorneys!
I should also state before closing that defendant’s (pathetic) “defense” consisted of denying allegations of illegality and impropriety with each claiming to “not recall” important details and that they were only doing their jobs! Key defendants also appear to have decided to use “smear” tactics in what I see as an attempt to make their own outrageous actions seem less egregious.
One last thing, I intentionally am not wasting my time or the reader’s time by posting all of defendant’s filings. I will however, set up a new forum over in the “General” section of the Forum on this website where anyone is free to ask questions or to make comments.
When the documents posted here have been read it should make every voter’s blood boil to know that Mr. Moore has been re-elected several times and is still operating in power in this county and has gotten off “scot-free” for so long a time. Not to mention Ms. Myrta Kaye Applewhite/Brouse, partner at Linebarger who, for some reason is still in charge of collections in this county! It looks like Mr. Moore is not up for re-election until next election. If he doesn’t get arrested (or resign) by then the voters should be certain to throw him out of office (if he is arrogant enough to run again at that time)!
THE VOTERS NEED TO JOIN FORCES THIS YEAR TO “CLEAN HOUSE” IN MONTGOMERY COUNTY BY VOTING OUT ALL INCUMBENTS!! This should include giving “walking papers” to all the current sitting commissioners in this county who continue to vote to contract for the services of Linebarger, Goggan, Blair & Sampson (with its’ reputedly sleazy reputation). (Read 1997 HGBW Contract)
Until next time,
Maxxbuster
The BANE of Our Society……..Ill-Gotten Gain and Arrogant Public Servants
PLEASE BE PATIENT WHEN CLICKING ON DOCUMENT LINKS. SOME OF THE DOCUMENTS ARE QUITE LARGE AND WILL TAKE A FEW MINUTES TO LOAD.
Documents Linked In Article
1. Plaintiff’s Amended Petition
6. Tax Warrant Affidavit/Paperwork
10. Auction Paperwork/Contract
12. Two Examples of Precedent Cases
14. Docket Sheet
15. Commissioner Court Minutes (9/8/2003)
Documents NOT LINKED in Article
17. Officer Return/Writ of Execution
19. Muller Affidavit
20. Plaintiff’s Atty Gregg Affidavit
23. Checks Disbursed Post-Auction
24. Comptroller Notice of Freeze
26. Applewhite/Brouse Deposition
28. Dep. Emmitt Houser, Jr. Deposition
30. Capt. Vanckhoven Deposition
32. J. R. Moore, Jr. Deposition
35. Judge Grady Spikes Deposition
Join the forum discussion on this post
See Ya At The Polls….Don’t Forget To Vote Today!
Maxxbuster
“The BANE of Our Society…..Ill-Gotten Gain and Arrogant Public Servants”
Just shows Brett Ligon is evil and is going to hell. How can this awful man even sleep at night?
Getting “good” feedback from potential voters…..thanks
Maxxbuster
“The BANE of Our Society…..Ill-Gotten Gain and Arrogant Public Servants.”
If you found your way over to here you may be interested in reading the linked article below about Judge Sadler’s “handling” of the information that came to light last year that his business partner was under Federal Indictment and his early announcement that he was seeking to hold onto his title of County Judge.
http://montgomerytx.countymoni…..in-doctor/
Maxxbuster
“The BANE of Our Society…….Ill-Gotten Gain and Arrogant Public Servants”
See Ya At The Polls……….don’t forget to vote!
Maxxbuster
“The BANE of Our Society……Ill-Gotten Gain and Arrogant Public Servants”
See Ya At The Polls….Don’t Forget To Vote Tday!
Maxxbuster
“The BANE of Our Society…..Ill-Gotten Gain and Arrogant Public Servants”
Maxxbuster,
I found your post informative and enlightening, I would like to ask some questions concerning how the election system works in Montgomery county, and how I can possilbly find out more on how a judge rules in certain cases, I have no idea how to do this, but there must be some way to get a judge’s rulings and how to look this particular public information up. Could you possibly tell me how I could go about doing this and checking public documents concerning a judge or judge(s) ruling on certain kinds of cases? And I would like to know, according to what I have found, when a judge turns in his contribution report how do I find out exactly who contributes to him, when I looked this info up all I saw were numbers, but no ledger information showing how a judge came about said contributions.
Thanks
Laddiegrl
Laddiegrl…….
Thanks for the encourgement. Glad you liked this posting. Hope you intend to vote and I don’t hesitate to state that I hope you don’t vote for any incumbents in this county!
About your inquiry concerning searching judge’s “rulings”. The only place I know to steer you is to suggest starting at this link: http://www.findlaw.com/10fedgo…..ourts.html
If you scroll down to the state of Texas you will see all of the District courts links for each courts opinions, rulings etc. Hope this is helpful. Or if you would like to post here the specific ruling (and judge) you are interested in I will try and find out any info I can about it.
Also, if you google “campaign contributions” or the specific judge’s name along with the term “campaign contributions” you will get answers that you can click on and be brought to that database’s search page (where you will be able to put in the officeholder’s name).
Maxxbuster
“The BANE of Our Society…….Ill-Gotten Gain and Arrogant Public Servants”
So who do you think stole the $40,000 from the box in the office safe? There appears to only be a couple of possibilities, no? Do we think only one person ended up with the dough……or did the thief share the bonanza?
Maxxbuster
“The BANE of Our Society……Ill-Gotten Gain and Arrogant Public Servants”
Maxxbuster,
I took your advice and didn’t find anything as far as case rulings, I am currently collecting information on how judge’s rule in domestic violence cases, and divorces where domestic violence is a factor. I would also like to know what happened in the case concerning Conroe creasole, what happened to all the deputies that found and misused this woman’s nude picture? Were there charges brought forth in their conduct? Was a civil case filed against them? I am new to this area and found your web site by accident…your articles are very enlightening, don’t you worry about what all these high ranking officials will do? It’s a tight circle like any corruption, like the mafia they cover for each other, and cover for each other…..on and on….
Any feedback you could give me would be helpful…
Thanks
Laddie
Laddiegrl…
Why don’t you let me in on why you are interested in judges domestic violence case rulings and which particular judge you are wanting info on? Maybe the readers will be able to help you out with info you don’t have now.
About the Conroe Creosote crimes….The head Constable (Billy Colson) died of natural causes (probably from the stress of anticipating going before the jury) before the case was concluded. One of the deputies (Emmitt Houser, Jr.) lost his job in retalitation for his going to the DA and County Attorney and telling all that he knew about his co-workers misconduct and criminal activities.
I have information that Houser is presently a law enforcement officer elsewhere.
Then there is the Justice of the Peace (Judge Grady Spikes) who was called into Constable Colson’s office to look at the nude photo and who comes off as a bold-face liar (along with several others) in his “sworn” deposition
……and I’ve been told by “kbrouse” (in the comment below this one) that he died some years ago of a heart attack and that his son, Trey, is standing in his father’s stead as the current MoCo Pct. 2 Judge!
The underlying conduct by the main “players” in the Conroe Creosote case is NOT isolated to this case only.
No, the Creosote “players” (and others in concert with them) are well aware of the fact that there is other specific documented details of this same type of systemic conspiracy to ruin people perpetrated upon other (unsuspecting persons) and being covered up all too ”smoothly” by some of the same powerful individuals (employed by the county) as took part in the Creosote “dismantling”.
The “bad guys” in charge of things may lose lots of sleep worrying about how many copies of detailed documents are out there and whose hands they are presently in AND when the details of all of their criminal acts will be exposed, too.
I’m intrigued about your collecting info on the judges rulings. Tell me more.
Maxxbuster
“The BANE of Our Society……Ill-Gotten Gain and Arrogant Public Servants”
Grady Spikes died some years ago of a heart attack. His son, Trey Spikes, is now a JP.
kbrouse……
YOU oughta know…..
It’s hard to keep the “generational” kin of the “Good Ole Boys” around the county separate. Not “hanging” with that notorious crowd like YOU do, I wouldn’t know when (father and son) both have the same name and are not one and the same person, would I? Thanks for clarifying that.
Your posting raises one BIG GLARING question, though, as I first saw your name attached to the Spikes comment above……….I asked myself why would Myrta Kaye Applewhite/Brouse be choosing only now to comment here in this Conroe Creosote Forum about so minor an issue……when YOU have chosen NOT TO ADDRESS ANY OF THE “DAMNING” EVIDENCE AGAINST YOU in this lawsuit since it was posted here on February 26th!
It boggles the mind that you and all the other “players” in the Conroe Creosote seizure action have decided NOT TO ADDRESS EVEN ONE OF THE VERY REAL, DISTURBING AND IMPORTANT ACCUSATIONS OF CRIMINAL WRONGDOING (as spelled out under oath by the plaintiffs and YOUR OWN co-defendants) but have chosen to literally “ignore” the chance given to you to “set the record straight” here in this forum (or any forum out there).
UNTIL NOW………now you come here to post 2 sentences to clarify for the readers that Judge Grady Spikes is no longer with us!??**@@#???!
Lady, you’re a piece of work. (an exceptionally “transparent” piece of work)
Aren’t you the same “kbrouse” who commented last year on this website over in a forum titled “tax office”, demanding that I “stick to the real corruption” and the same one who falsely inferred that I was “throwing out unsubstantiated claims” about tax office corruption? You warned me about MY credibility. That’s a laugh……given all that was exposed about YOU in the court documents. How’s YOUR credibility these days? After the public has gotten a real insight into exactly how you and your crony friends “mete out the law” here in Montgomery County?
And, aren’t you the one who “feigned” ignorance of any business seizure that ruined people that involved our worthless tax collector? Yes, I think you pretended not to know what I was talking about all the while knowing that YOU were named by your co-defendants as the “ringleader” of the seizure that I was posting about?? Let me see….I think that was you…….
Yeah…..here it is….your previous comment posted in the Tax Office Forum was on October 21, 2009 at 933 am:
__________________________________________________________
kbrouse said:
Well, Ms. Applewhite/Brouse, here is some “calm and very rational discussion” for you……
Taking your 10/21/09 advice…..I have been “sticking to the real corruption”, no? YOU are the one who has so far flat out refused to address any important issue of corruption brought forth in all the documents posted here by me.
Your refusal to also set the record straight about the underlying issues here (of the charges in the lawsuit) and so arrogantly posting this “unimportant” clarification only makes YOU look bad, not me. Bad, like in…..you have a ”judgement” problem (but then we all know that, as a result of the glimpse at your true character that the lawsuit gives). Your silence since February 26th (when the Creosote documents were exposed) screams volumes. Volumes about you and your character.
As far as the Judge Spikes info, I made a wrong assumption about a father/son shared name. I belive my credibility is solidly intact on every single UNDERLYING ISSUE I have brought forth on this site. The truth is that all of the “players” non-responses “says it all” as far as I’m concerned.
I post facts (backed up with documentation) AND include my opinion of those facts for the voters of this county or anyone else who cares to read what I think. Like Glenn Beck, if I have a fact wrong, I want to know so I won’t make the same mistake twice.
Personally, Ms. Applewhite/Brouse, I believe you stole the Hawthorne’s $40,000 in cash from the office safe during the seizure. I also believe the seizure action was intentionally pursued in order to “ruin” the Hawthornes (and their 50 yr. old business) not so much because the mister wouldn’t back your run for a judgeship but because YOU were green-eyed jealous of his “prettier” wife.
I believe the God of the universe WILL collect His “due” from you and your evil friends.
I also think you have an impulse control problem that causes you to post things online that may jump up and bite you in the
later!
Following is my “take” on how it happened that you posted here today (under your own name)……….you might call this a “Modern Day Fairy Tale” of sorts.
As you were reading my last comment here to “laddiegrl” (wouldn’t know who that is would you?) you finally found something I was wrong about. Your heart skipped a beat. You were glad. Now you could play “gotcha” with maxx, you thought. You hoped you could make me look bad……sorta as a “retaliation” for how bad YOU end up looking to anyone who reads the details in the Creosote lawsuit that I posted on this site. Details, I may add, that include very credible-sounding allegations of YOUR “retaliating” against others.
I think you failed. To make anyone but yourself look bad.
Maxxbuster
“The BANE of Our Society……Ill-Gotten Gain and Arrogant Public Servants”
kbrouse said:
maxxbuster says:
And so it goes……..in “good ole boy” country.
Maxxbuster that was beautiful. It brought a smile.
For you KB, I can only say that I should let you look at my stat counter on my site. You should see who looks at your firms stuff, besides the publicans.com.
IRS, Rangers, Feds, 5th circuit and hundreds of cities, counties, and other lawfirms who do what you do. Sadler and Kapadia are a big hit with the feds, follwed by Pate Transportation.
You have to ask yourself, are they building a case, and or are the lawfirms going to file suit under anti-trust or Rico?
Let me give you a suggestion KB, when you piss people like us, we just did deeper.
Oh, my wife had a question, do you work on billable hours or do they pay you to surf the net?
Tennessee is our nation’s most corrupt state, followed by Virginia, Mississippi, Delaware and North Carolina, according to the study. Our neighbor to the north, Oklahoma, came in at number 10.
The Daily Beast created databases from the Department of Justice and FBI and weighted equally five categories, including public corruption, racketeering and extortion, forgery and counterfeiting, fraud and embezzlement. Texas ranked in the top 15 in the racketeering and forgery categories and 27th in overall public corruption.
The study is a companion to a column by Richard J. Tofel warning that diminishing coverage of statehouses by the traditional press is an invitation to corrosive corruption across the country. Tofel, general manager of the investigative, Pulitzer Prize-winning website ProPublica, says hope for holding state governments accountable may lie in nonprofit websites. Over the past few years, groups like ProPublica, the Franklin Center for Government and Public Integrity, Texas Watchdog and others have put experienced journalists to work reporting on corruption at the national, state and local levels, building on the work of earlier nonprofit news business models such as the Center for Public Integrity and the Poynter Institute.
mdonn…
After reading the article over on TexasWatchdog.org I was not surprised (except I would have thought that Texas would be higher up in the ranking) given the corrupt nature of our legislature.
Having personally uncovered so much corruption going on all around us in this county, and then learning from the watchdog article that Texas is ONLY the 13th most corrupt state tells me that the 12 states that are MORE corrupt then Texas must be literally “unbearable” to live in. I can’t imagine MORE corruption than this state is full of.
One small consolation though, was that I was encouraged by seeing on the Watchdog website that they ask for people to email them tips (and they give the email address right HERE) about local corruption around the state.
I implore everyone and anyone so inclined to email Texaswatchdog.org with a link to this website (especially pointing them to public documents posted by maxxbuster) in regards to Judge Sadler, J.R. Moore, Aslam Kapadia and others.
For all of you citizens out there who think there is nothing YOU can do about all the corrupt politicians…..you are wrong!
This is one thing you can easily do.
Yep, along with all the other things that are being done everyday by me and other fed up “citizen-activists” (like mdonn) I am asking any member of the public to join us in emailing tips and links to my (maxxbuster) postings on this website to friends, co-workers, family, TV stations, Investigative Reporters, FBI, US Atty., Democratic Party officials, Kapadia’s Prosecutor, Pre-Sentence Supervisor (Click for Number), and any others you can think of.
The more individuals who inundate influential (and not-so-influential) people with “links” to all this, the better.
Together we WILL take back our county!
maxxbuster
“The BANE of Our Society…..Ill-Gotten Gain and Arrogant Public Servants”