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Op-Ed

Carmen Ordaz is still trying to use the Mexican Judicial system to harass Americans: This time she used it on me and it backfired on her bigtime

By Vince · April 18, 2016
I want to share an experience with the residents of San Carlso that I recently had with one of our local realtors named Maria Carmen Ordaz Aquiar, who is the owner of Star Realty. I think her company is still called Star Realty, I will double check on that. As many readers of my blog know I have written extensively on real estate fraud here in San Carlos. Real Estate fraud is essentially why this blog was started in the first place. Before I published my own blog I actively posted on the two forums in San Carlos. Of course what I found out was that more often than I could stand administrators of those forums would delete my posts. I thought that informing residents of fraudulent behavior was a community service that the local forums would welcome with open arms. Boy was I wrong. Anyway to make a long story short here on my own blog I am free to inform and so here goes!

The truth of the matter is I have been very busy with our new Non-Profit WorldsAquarium and since I have not heard that anything new is happening on the Carmen Ordaz Falsification of Legal Documents Case I reported on in October of 2014 I have been silent on the issue. I assumed, as often is the case in Guaymas, that the wheels of justice have screeched to a halt for a while. Our Non profit WorldsAquarium is working on creating a Marine Protected Area here in San Carlos so that takes up a tremendous amount of my time, but I think it is time to revisit the Ordaz case. Here is how I got reminded of Carmelita!

On the 4th of April a police patrol showed up at my house at 9 p.m. in the evening and shined a spotlight through my front window. I of course got my lazy ass off the couch to investigate the bright light shining through my living room window. The officer was just about ready to knock on the door as I opened it. He attempted to serve me a summons.

As I was reviewing the summons I was informed by the cop that I was expected to appear before a judge the very next morning. Which was total bull shit and not how the process works. After several minutes of reviewing the document I realized that my name was spelled incorrectly on the summons. I refused to sign the document based on that, besides the fact that it is completely ridiculous to think that a cop would come to my house at that late hour and insist that I go before a judge in the morning. This is Mexico for crying out loud! Of course the officer would not tell me what it was all about and would not leave me a copy of the complaint that was against me.

I have to wonder if this police officer was not given some incentive by someone special to deliver those papers at such a late hour and then tell me a bold faced lie about how I had to present myself in front of a judge first thing in the morning.

What makes me think that something fishy was a foot is the cop was utterly pissed off when I refused to sign the paper. Why should he even give a shit?  He is just doing his job like normal right? It should be irrelevant to him whether I sign or not. His attitude to me seemed suspicious and he walked away abruptly. That was the end of the event for that night. This summons was illegal, since he refused to give me an official copy of why I was being summoned for and I did not have to show up the next morning. I actually by law get to be summoned at least three times.

At this point I had no idea what this was about. When I discussed this with my lawyer and my team of advisers we all assumed it had to do with  the recent report we did on corruption over at CEA the water company or perhaps the latest video we posted on facebook of Yayita over at CEA trying to throw us out of the office for filming.

Two days later the police showed up in the morning at my house and harassed my daughter. I was out on the water teaching a sailing course. The police came back later that afternoon and finally caught me at home. This time they had a copy of all the laws I had supposedly violated, and here is where it gets really weird; the cops insisted that I come with them at that very moment to see the judge and that they would bring me back after I spoke with him. This sounded like a bad version of a Hollywood movie.

Sure officer I will get in your patrol car right now and march right down to the judge because you say so! The cop was adamant that everything would be just fine.

The officer said to me,

Don’t worry about a thing, this is the Juez Calificador, the reconciliation judge, and what ever he wants of you is no big deal.

I told the kind officer that he should not worry I will go down there to see the judge manana for sure!! And we all know what manana means don’t we. It is worth mentioning that this time the officer brought with him a copy of all the things I had supposedly done wrong. I asked him 12946986_954062737996903_1245325450_owhere was the paper I was supposed to sign and he told me I didn’t need to sign anything this time. I also asked him if he could leave me a copy of the summons so I could review it and he told me that I could not have a copy. I asked him if I could take a picture of it and he said yes so I did take a picture of it. That is when we started to go over the numerous things that I was supposedly guilty of. Now no where on this document did it say who was complaining about me. It was interesting to research all of my violations. They were basically domestic dispute issues that you might see between neighbors. For a while there I thought to myself that it was not unreasonable to assume that the reason I am being called down to the judges office could be because I forgot to pick up our dog shit from the street last week. I was essentially accused of many things, below are just a few. All of these articles are found in the Bando de Policia which is difficult to translate but is essentially a civil code of conduct among residents of a municipality.

Atriculo 13 fraccion I. (Causar o Provocar escandalo como la producción de sonidos y otros similares que perturben la tranquilidad de las personas); Making loud noises and disturbing the tranquility of people.

fracción VI. (Vertir o arrojar aqua y otros liquidos o substancias asi como cualquier objeto en las vias de libre transito); This one is weird, throwing water or other liquids on someone while they are on a public side walk or road.

fracción VIII. (incinerar objetos en cualquier lugar publico); Incinerating objects in public.

I thought I might go the next day and posted sarcastically on Facebook that I was going to the police station in Guaymas and if I was never seen again that the police station would be a good place to start the search for me. I decided not to go that next day but some friends of mine thought I was going and they went to the judges office to look for me at the designated time. And guess who showed up? Yes it was none other than Carmen Ordaz and one of her lawyers! I didn’t find out about that though until several days after I had already gone to see the judge on a different day!

When I finally showed up to speak with the judge we actually got lucky and were able to speak with his supervisor. Since I had taken a picture of the articles against me we showed up thinking that we could at least defend me based on what I was accused of. The supervisor then informed us that all the articles that were mentioned in my summons had nothing to do with why I was brought into the judge. I then cut to the chase and asked the judge,

Can you please tell me why I am here then?

As the words Carmen Ordaz rolled of his the judges lips we then finally knew what this was all about. It really was quite a relief!
Believe it or not the judge could not give me a copy of her complaint against me, so be it the loco systema in Mexico.
But he did read her statement and also showed me the file. Carmen had printed a page off of my web site where I had published her mug shot and formal court documents from the time back in September of 2014 when she spent two weeks in Jail while trying to post bond for the charges of Falsification of Legal Documents. The page is in english of course and the judge could not read any of it. This was not mentioned in the summons because this would not be grounds for bringing me before a judge. I was simply disseminating information on a court case. There is nothing illegal about the freedom of the press in Mexico and dissemination of information such as this is called freedom of expression under the Mexican Constitution and protected. However serving me a summons under false pretenses is not legal.
Now what everyone should understand is that the Juez Calficador, or as I translate it, a reconciliation judge has absolutely no power to do anything other than try to resolve some kind of dispute between two individuals. What the judge offered to me was that if I wanted he could set up a meeting between myself and Carmen Ordaz and then try to mediate any of the problems there were between us. I could accept the meeting or reject the meeting. And that was it. I mentioned to the judge that I might be interested in meeting Ordaz on one condition, that being that my camera would be rolling the whole time we were together. He told me that was not permitted. I don’t really have an issues with Carmen Ordaz so I doubt I will take the judge up on his offer to have a reconciliation meeting with her but one thing is certain.
My lawyers and I are going to file a formal complaint against the judges office. The manner in which they summoned me before the court and the fact that according to Mexican law the judge should have investigated the complaint against me before they summoned me to the court was completely illegal. There is no doubt of that what so ever. There are many many inconsistencies in how all this went down and we will take the opportunity to formally denounce the office of the judge for all the errors and illegalities that they committed.
Now the other thing is I really do have to thank Carmen. I had pretty much forgotten about her case. But now that she has reminded me I will see what I can dig up on the charges that she was accused of. It would seem the wheels of justice have been halted for a while but I promise I will try to find out what is up with the Costa Bella case. As many people remember one of the lawyers and friend of ours who was involved in just some of the Costa Bella law suits was Pedro Parasuelos. Pedro was murdered while coming out of church in Guaymas just a year ago.

 

So in the end what Carmen Ordaz did to me is what they have been doing for years to anyone that might get in their way. They use the corrupt Mexican judicial system to try to harass anyone who might speak or publish the truth about any of their legal problems in public. Going to the Juez Calficador is really just a cry for attention from Senora Ordaz. It definitely worked, she got my attention.

As I departed the judges office I had one last question for him. I asked him this,
If madam Ordaz thinks I have done something wrong by her why is it that she does not simply go down to the ministerio publico and make a formal complaint against me. Much the way she tried to railroad Susan Caneli and Kimberly Mcdonald?
The judge remained silent on that.

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