Free Charlie Thrash from guardianship - before it's too late

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This petition concerns the removal of my husband, Charlie Thrash on March 6, 2019 from his home at 310 Harvard Oak, Shavano Park, TX 78230  (a teeny community of approximately 3,926 people, which is surrounded by San Antonio) by Mary Werner, wife of the Mayor of Shavano Park, acting under guardianship orders of Judge Oscar Kazen, who also lives in Shavano Park.

Update May 1, 2021: Judge Kazen, in his Order of January 29, 2019 wrote that Charlie had no current guardian of the estate or guardian of the person, which Judge Kazen had to have known was factually incorrect. But omitting the facts apparently gave Judge Kazen legal cover to not just conduct a hearing to consider the re-appointment of Charlie’s guardians, but rush and hold the retrial on Jan 29, 2019, and have Judge Kazen make a decision — all in one daywithout going through the required legal procedure to remove & Replace a Guardian. This is in part because there were no legal grounds established to remove me as Charlie’s guardian, much less replace me with Mary Werner, as stated in Texas Estates Code 1203.051. REMOVAL WITHOUT NOTICE; APPOINTMENT OF GUARDIAN AD LITEM AND ATTORNEY AD LITEM.

Furthermore, Judge Kazen violated Charlie's rights to Due Process by denying Charlie the right to counsel of his choice (attorney Phil Ross) during the January 29, 2019 hearing, as well as by failing to appoint both an Attorney Ad Litem and Guardian Ad Litem during the removal of his guardian, as required by Texas Estates Code 1203.051.

Judge Oscar Kazen obviously misstated the obvious facts on Jan 29, 2019:
"The Ward is an incapacitated per on as defined by Section 1002.017 of the Texas Estates Code, who has no legal Guardian of his person and estate, such incapacity being evidenced by recurring acts or occurrences within the preceding six-month period and not by isolated instance of negligence or bad judgment."


To make a factual error of this magnitude in a guardianship Order cannot be excused as an 'oversight', or a 'mistake'. Judge Kazen knew full well that on Jan 29, 2019 Charlie had both a guardian of the person (myself) and guardian of the estate (Tonya Barina), yet Judge Kazen allowed obviously false statements to be included in his January 29, 2019 Order.

By misstating the facts, Judge Oscar Kazen blatantly and deliberately ignored the provisions of Texas Estates Code 1203.051 - Removal without notice, so as to circumvent all legal protections put in place to protect Wards from this very type of judicial overreach.

How can Judge Kazen's January 29, 2019 Order removing and replacing me as Charlie's guardian with Shavano Park Mayor's wife Mary Werner be accepted as legitimate, when this Order is 1) based on obvious factual errors and 2) fails to follow the law? I believe that since Oscar Kazen included misstatements of facts in his January 29, 2019 Order, while failing to follow the law that would have protected Charlie's rights during the removal process, that none of Charlie's guardianship holds any legal validity. It's only the lawyers who'd have everyone believe these lies should stand as true fact and that's because the lawyers paid from Charlie's estate make tons of money so long as Charlie remains trapped and isolated in a guardianship.

Because of these judicial errors, I am suing Judge Oscar Kazen to hold him accountable for violating law and Charlie's rights, removing Charlie's freedom & liberties, and basically wrecking our home and lives. You can read the original petition of Martinez v Kazen here.



Petition to Free Charlie Thrash:

It did not matter one whit to Oscar Kazen – not only a judge, but also a lawyer who is expected to know Probate Law – that I held a valid Durable Power of Attorney, signed by Charlie on June 24, 2016, naming me as Charlie's agent. Oscar has only ever heard the one-sided argument the attorneys Cavaretta, Katona & Leighner (CKL-Lawyers.com) keep bleating: that since I was not married to Charlie I had no standing in a guardianship hearing, thus denying me my rights as a spouse, which indeed, even as a common-law wife, gives me priority standing over the estranged family member – a grand niece of Charlie's named Tonya Barina, the self-appointed applicant to become guardian of Charlie’s estate, a right to which Barina was awarded on November 15, 2018, by then-Judge Tom Rickhoff.

As the first judge in the case, Tom Rickhoff appeared to at least respect Charlie's wishes that he remain in his Shavano Park home, with me as guardian of Charlie’s person. But once Oscar Kazen was elected to Bexar County Probate Court Judge and assumed office in January 2019, replacing Tom Rickhoff, Oscar had no such compunction, and Oscar Kazen replaced me as Guardian of Charlie’s person, and put in my place his neighbor Mary Werner, wife of the Mayor of the small community in which we all lived - Shavano Park Mary Werner was awarded Charlie in guardianship by her neighbor & chosen political candidate for judgeship, Oscar Kazen, acting in his capacity as probate judge, on January 29, 2019.

And by March 6, 2019, Charlie was removed from our home, I was evicted along with my three adult children, all property inside the house was seized, whether it belonged to me and my adult children - or Charlie - and we were made instantly homeless.

On April 4, 2019, lawyers acting for Mary Werner and Tonya Barina filed motions to sanction myself, my adult daughter Brittany Martinez-Thrash, and our attorney Phil Ross a total $262,391.77, adding court-ordered debt and impoverishment to the misery of homelessness the court had inflicted upon us. less than a month earlier. The motions to sanction me, Brittany and Phil is based upon misrepresentations to the Court as to the full reading of Texas Estates Code §1055.003(d) and §1051.104(a)(5), both of which give me, Laura Martinez-Thrash, as holder of Power Of Attorney signed by Charlie in 2016, priority over guardianship (in front of Tonya Barina) and standing in the court to be party to Charlie's guardianship -- all rights denied to me by Oscar Kazen, acting under half-complete and inaccurate instructions & descriptions of these statutes.

Oscar Kazen legally holds the authority as a probate judge to rule any way he likes on any guardianship case that comes before him. The only way the citizens have to hold Oscar Kazen accountable is to vote him out of office, but they can’t vote out Charlie’s court appointed guardian, Mary Werner, who lives around the corner from from Kazen, or hold her accountable for her actions.

It should raise red flags that the Mayor Bob and his wife Mary Werner hosted a political fundraiser for Oscar Kazen's election to Bexar County Probate Judge in 2018 the position of power from which Oscar has taken Charlie from his home, seized approximately $3,000,000 of Charlie's money, and awarded Charlie as a ward to Mary Werner, for her financial enrichment and career advancement.

I ask you: Is it not Public Corruption when a politician's elected office is financed and his election ensured, by the very same people who then financially benefit from the rulings and orders the judge issues from his bench?

If there's any abuse of power over Charlie's assets going on, it's been done under the authority of the court-appointed Guardian of the Estate, Tonya Barina, who has sold millions of dollars of Charlie's assets to pay both Mary Werner's and Tonya Barina's lawyers to defend their control over Charlie and his estate.

List of Charlie's property sold off:
his home
his condominium
his hangar at Boerne Airport
his airplanes
his prized Corvette, trucks, cars
his prized Harley motorcycles
his prized Triumph motorcycles
his gun collection
his personal jewelry – Rolex watch, 14K gold Cadillac signet ring, 14K gold class ring
his safe deposit box at Frost Bank, believed to have contained $100,000+/- cash, jewelry, coins & other valuables – all seized by Tonya Barina, who has not provided any inventory.
his businesses on West Ave, including all equipment, tools, and inventory
his livelihood and a means of earning money

Total estimated cost of Charlie's assets and possessions sold to pay for Mary Werner and Tonya Barina: a minimum of $2.5 to $3 Million dollars, from which a Guardian of the Estate, by Section 1155.003(b) "A fee of five percent of the gross income of the ward’s estate and five percent of all money paid out of the estate..." which could equal $150,000 - $200,000 Tonya Barina created for herself - all by filing and being awarded guardianship of her estranged, but quite wealthy, grand-uncle, whom she had never met, until she guardianized him on Nov 15, 2018.

List of Attorneys paid from Charlie's estate:
Kristopher L. Bowen, Jr., the Bowen Partners
Andrea Tidwell Bowen, the Bowen Partners
Karen R. Andersen, the Andersen Firm
Laura Cavaretta, Caravetta, Katona, Leighner
Les Katona, Jr., Caravetta, Katona, Leighner
William Leighner, Caravetta, Katona, Leighner
Barrett Shipp, Shipp, Ecke, Cromeens

Total estimated cost of all attorneys paid for out of Charlie's estate (and there are no limits on how much lawyers can charge an estate for keeping a person under guardianship, where the lawyer have open access to all funds from which to be paid) -- at a minimum 262,391.77 but most likely the legal fees removed from Charlie's liquidated assets most probably approaches $1 Million - all to keep Charlie in a guardianship which is unwanted and unneeded.

Attorney paid for by the taxpayers of Bexar County representing Oscar Kazen:
Martin Collins – Staff Attorney for Bexar County

For all these reasons, and many more, available at the website FreeCharlieThrash.com, We, the undersigned

1. Call upon Mary Werner to resign as guardian of Charlie's Person, in favor of Laura Martinez-Thrash.

2. Call upon Oscar Kazen to immediately:

  1. Recuse himself from Charlie Thrash's guardianship case, and
  2. Pledge to recuse himself in any proceeding to appoint his neighbor and political fundraiser, Mary Werner as guardian of residents of Shavano Park.

3. Call upon Mayor Bob Werner to immediately:

  1. Explain the privately-held, non-profit corporation Going Green in Shavano Park that is registered as a taxpayer entity at his home, as well as release a complete membership list, and all minutes, records, purchases, and assets this privately-held corporation had in determining that the entire community of Shavano Park would become dedicated to environmental causes that many voters, resident and taxpayers may not wish to see their tax dollars dedicated to; and
  2. Explain and list in detail all financial support provided to neighbor Oscar Kazen in his successful bid to become a Bexar County Probate Judge, including all parties hosted at the Mayor & Mary Werner's residence Shavano Park, for Oscar Kazen residing at Shavano Park, any other functions held anywhere for Oscar's election as Probate Judge, as well as all in-kind contributions of any value.

Sincerely,

Laura Martinez-Thrash
Wife of Charlie Thrash

Brittany Martinez-Thrash
Adult daughter of Laura, adopted by Charlie

Billy Duncan
Friend of Charlie Thrash since 1953

V. Warren Jennings, Friend of Charlie Thrash since 1953