The following is a letter I just sent off to the United For Education coalition:
May 20, 2012
Norma Ramirez, President, United For Education Coalition
To: UFE by President Norma Ramirez:
Please forgive this ultra-formal response to the allegations leveled against me by Randy Gamez, but unlike Mr. Gamez, who does not answer to a formal corporate structure imposed by law, I do. As you know, the California League of Latin American Citizens (CALLAC) is a California Corporation. At the outset, let me point out as a matter of principle, unincorporated coalitions of individuals and organizations such as UFE, as movimiento associations, generally espouse the ideal of being more democratic than the institutions of government and/or the structure of both for-profit and non-profit corporate American institutions that we criticize and attempt to influence for the better.
Certainly, as a purported revolutionary, Mr. Gamez would theoretically agree that institutions created by the people rather than the government or corporate America, should have internal procedures that provide more due process rights rather than less, than are provided by the laws of the State of California. As a minimum, I should be afforded at least as much as the due process rights I would be accorded by the California Corporations Code for members and officers of non-profit organizations accused of offenses for which disciplinary action may be taken.
First, I am requesting that any allegations against me be made in writing and that these written charges specify:
1. The definition being used by my accusers of the term “conflict of interest” since that term was bandied about by people who have obviously never had an attorney explain what it means to them and have no idea what the implications of the concept are;
2. Since this whole issue obviously implicates my personal exercise of free speech rights outside of any organizational structure through my personal blog and my personal website, I am requesting that Mr. Gamez (and any other accuser or detractor) explain in writing why or how any coalition has any right to interfere with my rights under the United States Constitution, the California Constitution, and the International Covenant on Civil and Political Rights;
3. For any allegation that Mr. Gamez claims is false as to any person or organization that purports to constitute a “conflict of interest” or any other offense, he should specify:
(a) the specific language of the allegation I am purported to have made and where/how I made it (i.e., a citation as to the source);
(b) all the facts which demonstrate that the allegation(s) is/are untrue;
(c) the name and contact information for each person who Gamez purports to be a percipient witness to those facts;
(d) the writings as defined in California Evidence Code Section 250 which demonstrate that those facts are untrue;
Second, I am requesting that Mr. Gamez explain why he does not have a conflict of interest in representing whatever organization he purports to represent in UFE, based upon the following facts and criteria:
On December 26, 2011 I posted a letter from Jeronimo Blanco, a letter in which he discussed both Randy Gamez and his mother on my blog entitled “Communique from the Aztlan Civil War” [http://janbtucker.com/blog/2011/12/26/communique-from-the-aztlan-civil-war/].
Following this posting, I received a polite request from Randy’s mother requesting removal of her real name (she did not want it publicly associated with her Nahuatl nom de guerre). I complied with that request for the reasons she stated in her request which were reasonable.
I received a threat of a libel suit from Randy Gamez demanding that I remove the allegations being made by Jeronimo Blanco against him that I posted in the blog. I emailed Randy back explaining why he had no basis for a libel suit, why it would be thrown out of court on a motion pursuant to Section 425.16 of the California Code of Civil Procedure, and offered him an opportunity to post any rebuttal he wished to provide. I never heard back from him.
It would appear to be a prima facie case that Randy is utilizing his position as representing some organization(s) to retaliate against me for posting Jeronimo Blanco’s allegations against him (It should be noted that I did not take any position in my blog supporting or opposing Blanco’s viewpoint; The fact that Randy did not avail himself of any opportunity to even deny those allegations that I offered him speaks for itself).
By utilizing his position to retaliate against me based on these facts, Randy may be violating his duty of loyalty, his duty of care, and any fiduciary duties he might have to that organization, if his organization requires those duties of him.
Third, it has been publicly alleged by another Brown Beret faction on its Myspace page that Randy spent seven (7) years in prison for attempted murder. Unsubstantiated rumors I have heard include (a) that this charge resulted from his stabbing his girlfriend and (b) his purported explanation that he was framed due to his political organizing activities. I have no idea what the truth of these through the proverbial “grapevine” allegations are.
That said, I do know, because last night I did my own reasonable inquiry and due diligence and determined that it is possible that Randy may have failure to appear and/or failure to pay fine bench warrants outstanding in San Bernardino, Riverside, and Ventura counties. He also may have had his California Driver License revoked because of these apparent FTA/FTP violations.
I bring this up because it is irresponsible for any organization in the UFE coalition to appoint somebody to represent it who is not legally squeaky clean. As we know well, the College Bureau of the Los Angeles Sheriff’s Department harassed UFE President Norma Ramirez precisely because of her official duties on behalf of UFE, i.e., appearances before the Board of Trustees. If she had not been innocent and squeaky clean, that could have had dire consequences. Even with Norma being clean and innocent, I had to personally expend a considerable amount of professional time to making sure that the matter did not get out of hand and that instead of Norma being under attack, the Sheriff’s detective wound up being thoroughly discredited as an imbecile. Additionally, Norma was subjected to extreme personal distress by being under attack.
Randy Gamez, to clear the air, if it can be cleared, should:
1. Provide a copy of a valid California Driver License and a certified printout from DMV demonstrating that he has not been suspended or revoked;
2. Confirm or deny that he spent time in prison as publicly alleged by a Brown Beret unit;
3. If he confirms that he spent time in prison, he should provide a copy of his probation report (and any other documentation he desires to present) so that UFE can evaluate whether he was indeed framed for political activities or whether he engaged in a serious act of domestic violence.
In conclusion, I am requesting that this letter be distributed to everybody who attended the meeting at Los Angeles Mission College on May 18, 2012, including but not limited to Randy Gamez, to all UFE participating organizations, to Xenaro, Ernesto, and Libertad Ayala, and to anybody else concerned. I reserve the right to publish this letter on my blog and/or website since it is quite obvious that Mr. Gamez and his allies have disseminated his accusations in a wider circle than within UFE.
Sincerely submitted to UFE, I remain,
Respectfully Yours, Jan B. Tucker
1 I am particularly interested in receiving the facts, witnesses and documents that refute my publicly questioning whether the resources of “Partido Nacional de La Raza Unida” are NOT being used to promote felony wire fraud in violation of 18 USC 1343. I offered Ernesto Ayala during a Facebook chat exchange three (3) opportunities to deny this allegation and he declined to do so. If anybody dares to deny this allegation in writing, I offer, in any public place where I have internet access, in the presence of neutral witnesses, to produce my evidence as to why I am asking the question publicly in the presence of Xenaro Ayala, Ernesto Ayala, and Libertad Ayala to give them an opportunity to explain why my evidence does not mean that they are violating 18 USC 1343.