April 12, 2021: Finding legal malpractice in Charlie’s guardianship court filings https://t.co/qKFJ54SZeM
— Friends of Charlie Thrash (@MartinezThrash) April 13, 2021
How connected is Oscar Kazen? Plenty https://t.co/zPNWYwO7wF
— Friends of Charlie Thrash (@MartinezThrash) April 19, 2021
It's April 21, 2021 and
Charlie Thrash hasn't been seen in 777 days
That's when Judge Oscar Kazen ordered Charlie isolated.
Charlie Thrash's family hasn't seen him since March 6, 2019.
Help Charlie see his common-law wife Laura
for 1st time since March 6, 2019 - 777 days.
Intro to Charlie's case:
Petitioning Shavano Park, Texas residents
1. Guardian Mary Werner,
2. Judge Oscar Kazen,
and Mary's husband &
Mayor of Shavano Park
3. Bob Werner
to respectively
resign, recuse & explain themselves.
Hear from Charlie himself:
Letters to Charlie Thrash from his family & friends
that haven't seen Charlie in 777 days.
October 18, 2020
Dear Grandpa Charlie,
October 18, 2020
Hi Charlie,
October 19, 2020
Hi Charlie,
October 20, 2020
Dear Charlie,
October 16, 2020
Dearest Charlie,
October 16, 2020
Hi Charlie,
Until Judge Oscar Kazen allowed Charlie’s estranged grand-niece, Tonya Barina, to close the business down, fire all the employees that relied upon Charlie to earn a living, remove all the equipment, and lock it up, keeping Charlie from his livelihood and his life-long enjoyment of cars.
If that’s not cruel enough for you, the liquidation of Charlie’s estimated $3 Million in assets is all being done to pay the attorneys. Tonya Barina is kidding herself if she thinks she’s going to get a whole lot more than the 5% of Charlie’s estate the Texas Estates Code allows guardians to take from their Wards.
Nope, the lawyers at Cavaretta, Katona & Leighner (including Karen Andersen) are going to receive 85-90% of Charlie’s estate – that’s $2.85 MILLION – all for taking Charlie out of his life and from everything he enjoys about life, and sticking him in a guardianship controlled by a judge friendly to the needs of rapacious probate attorneys that demand wealthy clients to keep themselves well-fed and rolling in the Million$.
29 October 2020
Marc Duvoisin
Editor and Vice President
San Antonio Express-News
P.O. Box 2171
San Antonio, TX 78297
TO: Editor and Vice President Marc Duvoisin
Marc.Duvoisin@express-news.net
CC: Investigative Projects Editor
David Sheppard
dshepp@express-news.net
Metro Editor
Nora Lopez
nlopez@express-news.net
Political and Government Editor
Sandra Santos
ssantos@express-news.net
Letter to the Editor, Marc Duvoisin:
I’ve known Charlie Thrash and we’ve been close friends since ninth grade in 1953. Charlie and I have always enjoyed talking about Hot Rods and seeing each other at our class reunion. My wife and I loved going to his shop and the home which Charlie bought for his wife, Laura Martinez -Thrash. Charlie and Laura were very good hosts to my wife and I and our friend.
In my opinion, Judge Oscar Kazen should recuse himself from the case, given that he lives 3 blocks from Mary Werner, and Probate Judges are the only people who can award Wards to professional guardians like Mary Werner. In my opinion, given Mary Werner’s conflicts of interest, Mary Werner should not be entitled to any of Charlie’s money, the way Oscar Kazen has allowed it to be set up now. It seems as if there is Probate Corruption in Bexar County Probate Court, making it easy for bad actors to exploit my lifelong friend, Charlie Thrash.
As for Tonya Barina, Charlie’s grand-niece who’d never met Charlie until she went to court to gain control of Charlie’s money, in my opinion, Tonya Barina should not be entitled to any of Charlie’s money, the way Oscar Kazen has allowed it to be set up now. In my opinion, it seems as if Tonya Barina and Mary Werner and Judge Oscar Kazen are all in collusion to liquidate Charlie’s estimated $3 Million in assets, to pay it out to themselves and each other’s attorneys. It is a shame that these greedy people have taken control of Charlie’s prized car collection, and at the same time, have removed Charlie from Laura and the kids – for over 600 days now.
In my opinion, Shavano Park resident Judge Oscar Kazen; Shavano Park resident and wife of Shavano Park Mayor, as well as being Guardian of former Shavano Park resident Charlie Thrash, Mary Werner; and Court-appointed guardian of Charlie’s liquidated assets, Tonya Barina – as well as all the attorneys (six in total, and counting) that are paid from Charlie’s liquidated assets upon Tonya Barina and Mary Werner’s direction – should be being thoroughly ashamed of themselves, and should resign immediately, due to their many conflicts of interest.
What Probate Judge Oscar Kazen, Mayor’s wife & professional guardian Mary Werner and estranged family member Tonya Barina have done to Charlie Thrash in seizing Charlie from his home, forcing him into an assisted living facility while Charlie owned his own home free & clear, all while liquidating Charlie’s estimated $3 Million is assets in order to have funds to pay themselves and their attorneys may be technically legal, but it is completely amoral.
Hasn’t the Express-News presented the lies that supported Kazen’s, Werner’s and Barina’s actions long enough? Please publish a re-examination of the facts surrounding Charlie Thrash’s case. The facts that have been stricken from the record by a compliant court, seeking to reward its political donors, can be read at FreeCharlieThrash.com.
Sincerely,
Warren Jennings
who, what and where is Shavano Park, Texas?
When Charlie Thrash paid $800,000 cash for a house in Shavano Park, Texas, in 2016, for him and his common-law wife, Laura Martinez, along with two of Laura’s adult children, to live in, they had no idea of what was underneath the surface of the attractive, upscale “City living with country charm” that is called Shavano Park, Texas.
Charlie Thrash's legal wishes
It's always important to read the wishes of the proposed ward, in this case Charlie Thrash, written in June 2016, a full 14+ months before a court-appointed doctor declared Charlie 100% incapacitated requiring a full guardianship
.
From Nov 15, 2018 onward, these properly stated, legal wishes of Charlie -- to have Laura Martinez-Thrash, his common-law wife, be his agent and protector - have been ignored by both judges, first Tom Rickhoff and now, Oscar Kazen.
court action
Court-filed papers, pertaining to Charlie Thrash’s guardianship, including Charlie Thrash's guardianship Orders by Judge Oscar Kazen, awarding Charlie to Kazen's neighbor, political campaign financial supporter & wife of the Mayor, Mary Werner.
The Judge said WHAT?!
From Oscar Kazen demanding to know "is there a relationship between Mr Thrash and Mr Ross," to Tom Rickhoff offering glancing blows at Frost Bank for the guardianship - it's all the news you'll never read in any Hearst newspaper, much less the San Antonio Ex-News.
Charlie's Letters to Judge Kazen
Read Charlie Thrash's letters to his neighbor & fellow Shavano Park resident Judge Oscar Kazen, who also happened to award Charlie in guardianship to the Mayor of Shavano Park's wife, Mary Werner, based upon Charlie's estranged grand-niece's recommendation, to whom the court had already awarded Charlie's estimated $3 Million in assets.
How could these letters be written by a man who is incompetent? Charlie's letters demonstrate his competence. Maybe that's why the judge - Oscar Kazen - has ignored them, as he has ignored Charlie - because Charlie & his letters don't conform to the Judge's desired narrative about Charlie's supposed incompetence. Charlie has never received a single response from Judge Kazen, nor an acknowledgement that he received these publicly-recorded documents.
Texas Estates Code
What does Section 1055.003 really say? Find out what lawyers representing Mary Werner & Tonya Barina don't want you to know. Judge for yourself how badly lawyers for Tonya Barina & Mary Werner mischaracterized and misrepresented these clear-cut statues to the Court, time and time again.
Laura's exoneration
Documents and excerpts from court hearing transcripts that demonstrate Laura Martinez-Thrash, Charlie’s common-law wife, was innocent and cleared of any allegations that she had converted Charlie’s assets, or was abusing Charlie in any way. NONE of the allegations were proven, and Adult Protective Services (APS), called by Frost Bank to investigate, cleared Laura 100% of any allegations. All allegations were proven FALSE. Unfortunately, this did not stop the lawyers at Cavaretta, Katona, Leighner and Andersen from lying in court, and falsely claiming without any evidence that APS had found the allegations against Laura to be true.
Lawyers lie, media repeats
One of the hallmarks of an abusive guardianship is the lawyers’ lies in the courtroom, that are picked up and amplified by an unquestioning media, who repeats the lies, and omits any exculpatory evidence presented in court, under oath. Unfortunately, this did not stop the lawyers at Cavaretta, Katona, Leighner and Andersen from lying in court, and repeatedly, falsely claiming without any evidence that APS had found the allegations against Laura to be true, lies which the San Antonio Express-News picks up & repeats, verbatim, as if the lies were the truth.
most recent articles
Check out the latest research into facts surrounding Charlie Thrash’s guardianship
Frequently asked questions
At the outset of the Trial on the Merits of a permanent guardianship for Charlie, held May 22, 2018, Judge Rickhoff knew that if he asked the right questions, Laura would be shown to be Charlie’s (common-law) wife. So instead Rickhoff asked if Laura was legally married, to which Laura could only answer ‘No.”
At the May 22, 2018 Trial on the Merits of a permanent guardianship for Charlie, Probate Judge Rickhoff asked Laura to testify to a mixture of fact and law, which a lay person is not equipped to answer.
Acting on her attorney’s advice, Laura said she wasn’t married.
However, two basics points of law remain:
- March 21, 2019 – a week after the guardians filed a petition to find the marriage void, lawyers representing Charlie’s Guardians set a hearing for temporary orders. Judge Kazen decided there was no need for an evidentiary hearing. Charlie has already been adjudicated to lack capacity by both Judges Rickhoff and Kazen, so Judge Kazen decided the marriage was automatically voided.
- But Texas law states a marriage between two people, once of whom is incapacitated, is *voidable* but not necessarily void.
The Texas State Supreme Court rejected without comment an appeal of Charlie Thrash’s guardianship case, which means it’s more imperative than ever to sign the petition to Free Charlie Thrash now – before it’s too late!
“Appellants respectfully submit that this Court’s resolution of this appeal will determine whether senior Texans subjected to guardianship proceedings like Charlie Thrash can realistically expect to be treated with dignity and respect by Texas courts or whether their fundamental human rights and/or constitutional and/or statutory and/or common law rights, privileges and immunity may be summarily denied, while their property is used to pay their guardian’s attorneys to thwart anyone, who gets in their way.”
~ Attorney Philip M Ross, writing on behalf of Plaintiffs Charles Innes Thrash, Brittany Martinez-Thrash, Laura Martinez-Thrash, and himself
As of October 8, 2020 the Texas Supreme Court has resoundingly answered, “NO, You cannot expect to have any of your rights respected in a guardianship in Texas.”
Simply put, in all 50 states, judges are responsible for 100% of all guardianships.
While anyone can apply to be the guardian of another human being, only a judge can approve the application for guardianship, and issue Orders of guardianship.
Therefore only one person can end a guardianship – and that is a judge.
Oscar Kazen could decide to change his mind at any point in time, and revoke the guardianship over Charlie Thrash. It is disturbing to see that Oscar refuses to correct the legal errors that occurred under his watch (since Jan 1, 2019) in Bexar County Probate Court No 1. Oscar refuses to entertain any idea but to continue the legal actions currently ongoing in his court, which have the effect of draining Charlie’s estate to pay for all the lawyer to argue that Charlie must be kept in a guardianship.
Meanwhile, anyone who wants to see Charlie released from the guardianship is barred from participating in Oscar’s courtroom, unconstitutionally and falsely denied legal representation, while the abuse of Charlie Thrash, as a human being, and the abuse of Charlie’s money by the court-appointed guardians, steamrolls ahead, without even missing a beat.
That depends upon either Shavano Park resident and neighbor of his appointed guardian, Judge Oscar Kazen, OR a higher court considering the different appeals pending in this case, deciding that Kazen’s incorrect Guardianship Orders, based on omitted sub-paragraph (d) in §1055.003 and omitted sub-item (a)(5) of §1051.104, deserve, in the interests of the Law being correctly administered, to be immediately overturned, thus revoking Kazen’s Orders of Guardianship of both Charlie Thrash’s person, and of his estate (money.)
We don’t want to dwell on any unwanted outcomes, but we remind everyone that at 82 years old, Charlie Thrash is the oldest participant in this ‘legal’ guardianship proceeding, and therefore most likely has the least amount of time left, than the rest of us.
Is it possible to receive any respect for one’s personal wishes, once a person becomes older, and needs assistance? Or, are we all doomed to be fleeced by our neighbors and their predatory representatives, instead of being allowed to age gracefully, with dignity, and with respect?
In Shavano Park, Texas, as things stand now, we’re no longer sure of the answer to that question.
Charlie's team
The Court's Team
All attorneys arguing for the continuation of Charlie Thrash's
guardianship are all paid 100% out of Charlie's estate (money)
Because you can’t put a wealthy person into guardianship solely by hiring one of the most expensive teams in town, supplemental attorneys were brought in to help bolster Tonya Barina & Mary Werner’s legal arguments.
