Fiddrill Documentation

I can provide a summary of these facts during a short concise discussion.





I am forwarding information concerning the Free Speech / Freedom of Assembly lawsuit naming San Antonio

TX Police Chief William McManus, city attorney Michael Bernard ( brother of White House Social Secretary

Jeremy Bernard, Mayor Julian Castro for the City of San Antonio TX ( Obama campaign co-chairman)

along with information submitted to the Court and law enforcement concerning City Councilperson Diego M

Bernal ( author of the Non-Discrimination Ordinance- NDO) for his active role in the criminal conspiracy and

unconstitutional ban.







Background:



In 2005 as the City's new Telecommunications Manager I uncovered and reported massive long-term theft/

fraud, the theft of upwards of $200,000 by city IT manager Jose Medina and vendor Isabel Gonzaba

via "padded" invoices processed across state lines, accounting fraud, grant fraud and many other crimes

including the fact that I had been threatened by my supervisor City IT manager Jose Medina to not say a word

and help hide the long-term criminal activity. I discovered that upwards of 25% of 911 calls were failing , the

fact that the City's communications system was in dire straights and filed reports with the Office of Municipal

Integrity, SAPD and others. A Municipal Integrity investigation was begun that was collecting proof of the

crimes and cover-up but still I was denied funding needed to repair the failing 911 system.





Internal City documents show that the theft/fraud was characterized as “a bottomless pit of money” citing the

fact that “The largely unsupervised and unregulated billing of departments across the City under the guise of the

telephone “variable” for the last 25 years has resulted in departments having been billed for an untold amount

of goods and services from which their department received no benefit”. The impact is listed as “millions

of dollars”. In HUD-OIG case hl-10-0465 city officials AGAIN violated the law when they submitted false

statements to federal investigators admitting that they only misspent $648 of HUD funds for years 2004-8 via

“radio accounts” and fail to even mention the “variable billing account” accounting fraud, telecom account

fraud, the “BOTTOMLESS PIT OF MONEY”, up to $200,000 of fraudulent Avaya, Inc. invoices submitted

and approved by city IT manager Jose Medina and vendor Isabel Gonzaba ( IG Communications) , secret no-bid

contracts with huge markups steered to friends, the bond fraud, the threats, the "fraud upon the court of 2009",

etc ( see attachment "unfounded" where OMI manager Virginia Quinn provides some insight into the cover-
up showing how the investigation was closed for lack of evidence BUT in reality several city officials knew in

2005 of the three decades of fraud/theft. Quinn lies when she states that no laws or rules were violated and lied

under oath in Court in February 2009 to hide the criminal activity)

Corrupt City of San Antonio, Texas employees/official pilfered, misused and otherwise misappropriated

millions of dollars a year from City, State and Federal coffers since as early as 1982. City employees illegally

used an internal service fund- the “variable” telephone billing account in conjunction with Avaya, SBC/ATT

and Texas Department of Information Resources (DIR) contracts to secretly gain illegal access to the funds and

then submitted fraudulent reports, audits, statements, etc. falsely stating that millions of dollars of expenditures

were for payments of monthly Centrex (207 #s) telephone bills from SBC. Long after the monetary limit

set by law for contract purchases was attained vendors continued to process invoices. Avaya, DIR, SBC

and possibly others added their own fees based partially on the cost of the illegal purchases when they too

profited from the criminal scheme to defraud our government and our taxpayers. City employees/officials/law

enforcement “cooked the books”, presented false statements to auditors, falsified official statements/audits,

published fraudulent Municipal Integrity reports, fired/harassed whistleblowers , presented a “fraud upon our

courts”, violated the Texas Open Meeting Act, turned taxpayers away from elected official’s offices, “ripped

up” police reports and most recently submitted false statements/audits to federal investigators . Asst. District

Attorney Barry Elliott identified the crimes, obtained a search warrant but then suddenly joined in the cover-
up. Texas Ranger Hank Whitman identified crimes in violation of the Texas Penal Code, vowed to obtain

additional proof of the crimes but too suddenly joined in the cover-up. Sworn statements collected by Municipal

Integrity investigator Steve Harrison reveal that the fraud/theft did in fact exist for many, years contrary to his

and other "official" lies.



In October 2005 when city attorney Michael Bernard took office the investigation was suddenly closed and I

was denied access to the report and other information including an audit of the telecommunications contracts.

Open records requests were denied and I was denied access to many offices in the IT building including the

billing file area.



In February 2006 ( after civil service protection for managers was removed by the City on February 1st ) I was

placed on leave and terminated the following month. A reason for my termination was not provided when I was

walked to the door .



I went to court in February 2009 - three years later. City attorney Deborah Klein, attorney Mark Kosanovich

( Fitzpatrick & Kosanovich) and city IT Director Hugh Miller coached numerous city witnesses to present

fraudulent testimony in an effort to discredit me and cover up the long-term criminal activity. The jury ruled

that I did not make reports about the criminal activity in good faith. The law firm of Fitzpatrick & Kosanovich

was paid upwards of $58,000 to defraud the court and hide the criminal activity. Chief Information Officer

Richard Varn provided the critical false testimony while his deposition , administrative directive 6.12 and other

docs proving his lies under oath were kept secret. Other city witnesses with the expert coaching of city attorney

Klein and attorney Kosanovich offered their false testimony.....many of them putting themselves in the running

for some prestigious acting awards.



I hired another attorney to file a motion for a new trial but it was quickly dismissed by Judge Antonia Arteaga

with city attorney Klein stating that there was no perjury. I hired another attorney to file an appeal but she left

out a critical element so the $10,000 plus appeal was just about worthless.



Immediately after I delivered proof of the ongoing criminal conspiracy two armed SAPD officers came to my

home on July 1, 2009 serving me with a criminal trespass warning. They could provide no reason, time limit,

due process avenue, etc. Requests of the City to provide a reason, time limit, public hearing, etc. were ignored

for years.

The illegal, unconstitutional ban remained in place until April 1, 2013 - a total of forty-five months - almost

four years. The Texas Open Meeting Act was violated for almost four years….making city business null and

void.



The ban was lifted when US District Judge Rodriguez issued an injunction in the similar case of Michael

Cuellar who was banned for about seven months when he was investigating corruption inside the San Antonio

Fire Department.





I filed a lawsuit on February 26, 2013 citing violations of my Constitutional Rights to Free Speech and Freedom

of Assembly



Reports of the Texas Open Meeting Act violations for the forty-five month period when entry into public

meetings was prohibited by one or more than one law-abiding citizen have been ignored by the local District

Attorney in an effort to protect her former First Asst. District Attorney...now city attorney Bernard ( brother of

WH Social Secretary Jeremy Bernard and a former President of the ACLU ) . Almost four years of city business

is voidable via the Courts due to the illegal meetings that officials willingly participated in from July 2009 to

April 2013.





The City filed motions to dismiss the lawsuit and to strike all the documentation I submitted detailing the

ongoing criminal cover-up. On Sept 4, 2013 Judge Rodriguez denied the Defendants motion to dismiss the

lawsuit stating “Each day that Plaintiff was allegedly barred from accessing public facilities he suffered a

constitutional injury". The Judge ruled that the constitutional violations began on the date of the criminal

trespass warning - July 1, 2009- , ended when the ban was lifted on April 1, 2013 and the harm persisted for

the entire time it was in effect. The Judge cites that the injury flows from “the fact that for close to four years

Plaintiff was prohibited from exercising his rights to free speech and assembly".





In documents submitted to the Court attorneys hired by the City ( Fitzpatrick & Kosanovich) and the

Defendants falsely claim that there was no perjury during the February 2009 whistleblower trial and that there

is no conspiracy.......two lies told to the Court in an effort to hide their criminal acts. The law firm of Fitzpatrick

& Kosanovich is again being paid with tax dollars to defraud the Court and hide the criminal activity. Formal

Complaints have been filed with the Court, the FBI, the DOJ and others.



City officials ignore requests for safe passage into public meetings and requests for assurances that SAPD

Chief McManus, city attorney Bernard, Councilperson Bernal or others will not attempt to arrest law-abiding

citizens for speaking publicly about the criminal activity. The criminal conspiracy continues.