Posted on 12/29/2015 5:32:21 PM PST by Elderberry
An attorney for a biker charged after the May 17 Twin Peaks shootout is challenging the McLennan County District Attorney's requirement that he sign a release form to receive the prosecutors' evidence in the case.
A hearing date has been set for 11 a.m. Jan. 15 before Judge Matt Johnson of Waco's 54th State District Court for a motion filed by Robert Callahan, whose client William Aikin was among the 106 indicted in the case so far. The noon-hour shootout left nine people dead and 20 wounded.
Callahan's motion states he has not been able to receive the information after numerous requests, because he won't sign a condition of release regarding talking to the media.
He is asking for the prosecutors' evidence collected during discovery to be released without the requirement he sign the release agreement.
The motion states the district attorney should not be allowed to limit the release of evidence based on an agreement regarding media after he gave an extensive TV interview explicitly designed to erode applicant's presumption of innocence.
"Such hypocrisy is exacerbated by the fact that the District Attorney has subsequently given numerous interviews, despite being ordered by this court not to speak to the public regarding these cases pursuant to a gag order," the motion states.
McLennan County District Attorney Abel Reyna did not return a phone message seeking comment.
Callahan, who ran a write-in campaign against Reyna last year, said he's not signing the condition of release for the evidence against his client because of the principles of the matter. He said Reyna's conditions go against an important state law.
The Michael Morton Act was fought for hard in Texas after an innocent man was wrongfully convicted because of information he wasn't given access too, Callahan said. The 2013 law says prosecutors must give defense attorneys access to discovery evidence or produce the evidence "as soon as practicable after receiving a timely request from the defendant."
Attorneys across the state fought for the Michael Morton Act, and for a district attorney to whittle away at that law by issuing a condition is unthinkable, he said.
Callahan also said Reyna's release form is not needed since state law already limits public disclosure of evidence before a trial.
"There are people that argue, 'Well you're required to abide by these rules anyway,' and that's true. However, I don't need a district attorney to give me a lecture on what those rules are and how they work, particularly after there's been so much media surrounding his statements in the news," Callahan said. "We are trying to say as little as possible on our side in order to make sure we are upholding our end up the right to a fair trial, but when there are just so many problems and so many conditions placed on these cases, we're constantly having to fight these battles."
Callahan hasn't been the first to cite problems accessing evidence in the case.
At a news conference in November, attorney Susan Anderson also mentioned the release by condition and that the agreement violates the state's Michael Morton Act, which says prosecutors must permit defense attorneys access - without conditions - to the evidence "as soon as practicable."
In Callahan's motion it states discovery was requested June 1 and the district attorney refused to provide discovery without defense counsel signing an agreement which does not comply with the Michael Morton Act. Discovery was re-requested, but denied orally on multiple occasions, according to the document. It was requested yet again, this time in writing, on Sept. 13. The district attorney's office informed defense counsel that they believe the Michael Morton Act does not require discovery to be produced prior to 20 days before trial, according to the document.
"In light of frequent reports that over 8,000 pages of discovery will be produced in this case, the assertion that the District Attorney can wait to produce discovery until 20 days before trial is an affront to the justice system," according to the document.
Callahan said it's obviously in the interest of the judicial system to be expedient and efficient.
And the complete lack of plea bargaining continues.
Something VERY fishy about this incident and everything occurring thereafter. ‘False flag’ comes to mind. This was a ‘gubmint operation’ perhaps part of Jade Helm, IMO. The ensuing cover-ups have been obvious to an obscene level. DISGUSTING.
Opposing attorneys in an adversarial legal system behave as adversaries. That’s what they do. The judge is required to be the impartial referee. I haven’t seen that part.
Is Waco Texas Clinton Country?
Texas District 17 of the United States House of Representatives is a Congressional district that serves a strip of central Texas that from 2002 to 2013 stretched from south of Tarrant to Grimes County, including former President George W. Bush’s ranch at Crawford, known as Prairie Chapel Ranch.[1][2] The district is currently represented by Republican Bill Flores. The 2012 redistricting removed the northern portions of the district, with Waco now serving as its northern border.
The district includes two large colleges, Baylor University in Waco and Texas A&M University in College Station; both universities are known for being conservative.
Representation
Along with MS-4, TX-17 was the most heavily Republican district in the nation represented by a Democrat, according to the Cook Partisan Voting Index, which rates it R+20.[3] This is due to the 2003 Texas redistricting, engineered by former House Majority Leader Tom DeLay. The district was drawn to make it Republican-dominated and unseat its then Democratic incumbent, Chet Edwards. Ultimately, this failed, and while several of his colleagues went down to defeat, Edwards held on to the seat in the 2004, 2006 and 2008 elections.
However, In the 2010 Congressional elections, the district elected Republican Bill Flores over Edwards by a margin of 61.8% to 36.6%.[4] Flores, who took office on January 3, 2011, is the first Republican ever elected to represent this district since its creation 91 years ago.
Exactly, the prosecutor represents the government, judges are supposed to know they don’t.
The "money shot." At this point, though, it really should be "beleaguered" McLennan County District Attorney Abel Reyna...
“Is Waco Texas Clinton Country?”
In 2012 McClennan county voted for Romney and Cruz 64% ...
“Callahan also said Reyna’s release form is not needed since state law already limits public disclosure of evidence before a trial.”
So, what is the big deal?
It is not required a DA offer or consider a Plea Bargain. Usually they won’t if they have a pretty strong case.
Its either plead Guilty and let the Judge decide what to do or plead not guilty and go to trial.
My experience is that out of control prosecutors and law enforcement have been encouraged by conservatives, particularly on election day whether they are Republican or Democrats. We love someone who is tough on crime. The Germans loved that, too.
The big deal is that he has not received any of the prosecutors' evidence.
Nor will he.
Of course, the law requires him to provide the evidence. That’s called discovery. But, of course, the DA has not shown any inclination to follow the law, so I suspect that you might be right.
“The big deal is that he has not received any of the prosecutors’ evidence.”
Sign the release.
Talk about over your head ....
Charges
DUI
Drug Possession
Assault
Theft
Probation Revocations
Family Violence
Sexual Assualt
Juvenile Charges
Experience.
Zealous.
Expertise.
Affordable.
Instead of working to convict the murderers, the DA seems to be obsessed with the political reindeer games. Unprofessional at the least, incompetent possibly, and stupid certainly.
Sure! Just forget about the Michael Morton Act, which says prosecutors must permit defense attorneys access - without conditions - to the evidence “as soon as practicable.”
” without conditions “
That is not in the Act.
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