Posted on 10/13/2017 3:27:48 PM PDT by Elderberry
In the midst of the first Twin Peaks biker trial in Waco, a judge has been appointed to hear a court of inquiry to determine if McLennan County District Attorney Abel Reyna or Waco police Detective Manuel Chavez lied during a hearing last year in the Twin Peaks shootout cases.
First Administrative Regional Judge Mary Murphy, of Dallas, on Friday appointed David Peeples, judge of the Fourth Administrative Region, to preside over the court of inquiry.
According to court of inquiry procedure, Peeples will now appoint a special prosecutor to handle the matter. No hearing date had been set Friday for the court of inquiry.
Based on an affidavit from Dallas attorney Clint Broden, 203rd State District Judge Teresa Hawthorne found Monday that there is probable cause to believe an offense was committed and to request a regional administrative judge to convene a court of inquiry.
Peeples, of San Antonio, previously served as a justice on the Fourth Court of Appeals in San Antonio and judge of the 285th and 224th state district courts in Bexar County.
The court of inquiry will focus on an Aug. 8, 2016, hearing in which Reyna testified to what Broden calls "extensive discussions" he had with Chavez before Chavez signed the identical, "fill-in-the-name" Twin Peaks arrest warrant affidavits for 177 motorcyclists following the May 17, 2015, shootout at the Twin Peaks restaurant in Waco.
Chavez testified he never spoke to Reyna that night.
Chavez has declined comment on the court of inquiry, while Reyna did not return a phone message Monday or Friday.
The Combined Law Enforcement Associations of Texas has hired Waco attorney J.R. Vicha, a former prosecutor in Reyna's office, to represent Chavez in the court of inquiry. Vicha declined comment Friday.
"If it appears from the court of inquiry that Mr. Reyna or Mr. Chavez committed perjury, the judge presiding over the court of inquiry will issue a warrant for the arrest of the offender," Broden said in a statement Monday. "The Texas Court of Inquiry procedure is not used often. However, its use is particularly appropriate where there is probable cause to believe a crime may have been committed by a public official that might otherwise not be investigated."
The court may also find that no perjury took place.
Broden and other attorneys have attempted to have Reyna disqualified based on the conflicting testimony at the hearing involving the cases of Matthew Clendennen and Ray Nelson, two bikers accused of participating in the deadly shootout, which left nine dead and more than a dozen injured.
"In my almost 30 years of law practice, I have never had to even consider requesting a court of inquiry," Broden wrote in the statement. "Nevertheless, perjury strikes at the core of our system of justice and, therefore, apparent contradictory statements under oath by public officials must be investigated."
Broden said earlier this week he anticipates other courts of inquiry to be convened to review other aspects of how Reyna's office handled the Twin Peaks cases, including information outlined in a recent motion to disqualify Reyna's office from prosecuting the cases because prosecutors released videos from a biker's cellphone through the discovery process that show him and his wife in a sexual encounter.
Broden has said he thinks the release of the videos constitutes a crime.
Good news! Were now on track for a SPECIAL PROSECUTOR to be named to handle district attorney Renas criminal acts.
Thanks for posting. Some of us want to learn the truth here.
what kind of bizzaro court is this anyway?
IBTG
Bttt.
5.56mm
Thanks for the info, must say never a dull moment in WACO
Marked for later
Well lookee here. Must be another one of them "jailhouse lawyers".
Add her to the list that includes Paul Looney, Clint Broden, and hundreds of other attorneys.
If David Peeples, judge of the Fourth Administrative Region in some way agrees Broden has a point, then he too can be added to the list of "jailhouse lawyers".
The bikers were mostly thugs, but some were not. Some without doubt committed criminal acts that day and many did not.
Reyna is also a perjurer. Most are bad guys but a few of the bikers are not. Reyna belongs in jail along with the criminals he is trying to prosecute. The criminals are simply criminal thugs most worthy of jail .
Reyna as an officer of the court is far worse. He has violated his oath of office. Some of those bikers deserve hard time in jail. Reyna deserves even more. He has used his position to not to uphold the law but to twist the law.
He is worse than the bikers as his position is to prosecute fairly and sure as hell not perjure himself. He is a bad man.
and there it is, thank you...
It was her that had sent the case to that other jailhouse lawyer, Judge Mary Murphy.
Are you a Person of GOOD MORAL CHARACTER ?
Take The Washington State Bar Examination and see for your self, Just for your own personal information see below some of the people that the Washington State Bar and its Board of Governors found to have GOOD MORAL CHARACTER.
Mr. Clark Garen was denied (Admission) because he did not have good moral character because he did not pay property taxes on two pieces of property that he owned, and was found because of this not to process GOOD MORAL CHARACTER.
SANDERS, J. (dissenting)
[most of this information, is provided/ found in pages 18, and 19 of the dissent. Total of 44 pages for the dissent and seven pages from OPINION OF THE CHARACTER AND FITNESS COMMITTEE for a total of 51 pages.]
In re Clark Garen, Bar Applicant
B.A. Number 61 Dissent by Sanders, J., Denial of Application to Practice Law
In the case of Mr. Wright, for example, the court concluded second degree murder does not exhibit good moral character. In re Wright, 102 Wn.2d at 859. By the same token, prior engagement in criminal enterprise may also point to bad moral character. Cf. In re Belsher , 102 Wn.2d. At 851-52. Even so, we have admitted or readmitted others to practice notwithstanding prior criminal conduct when rehabilitation is demonstrated. Let us weigh the claims of the Bar by the standard we have set for ourselves in prior proceedings.
We have reinstated attorneys who have committed serious illegal and/or immoral acts including: second-degree assault (In re McGrath, 112 Wn.2d 481, 482, 772 P.2d 502 (1989));
Footnote:1
Dennis Belsher, for example, blew up his parents car with a home-made bomb, although his parents miraculously escaped injury. Nevertheless, the Board of Governors found Mr. Belsher fit to practice law in this State, although ultimately this court turned aside the favorable recommendation, concluding it was not in the interest of the public or the Bar to admit Mr. Belsher to practice at this time.
misappropriation of client funds (In re Moynihan, 113 Wn.2d 219, 220, 778 P.2d 521 (1989); In re Rosellini, 108 Wn.2d 350, 355, 739 P.2d 658 (1987); In re Chantry, 84 Wn.2d 153, 154, 524 P.2d 909 (1974)); witness tampering (In re Stroh, 108 Wn.2d 410, 41, 739 P.2d 690 (1987); In re Shain, 24 Wn.2d 598, 166 P.2d 843 (1946)); lying to a client (In re Livesey, 94 Wn.2d 251,252, 615 P.2d 1294 (1980)); possession of bank robbery proceeds (In re Egger, 93 Wn.2d 706, 707, 611 P.2d 1260 (1980)); burglary (In re Krogh, 93 Wn.2d 504, 505, 610 P.2d 1319 (1980)); grand larceny (In re Johnson, 92 Wn.2d 349, 350, 597 P.2d 113 (1979)); assault with intent to commit rape (In re Simmons, 81 Wn.2d 43, 44, 499 P.2d 874 (1972)); fraud (In re Eddleman, 79 Wn.2d 725, 489 P.2d 174 (1971)); mail fraud (In re Lonergan, 23 Wn.2d 767, 767, 162 P.2d 289 (1945)); embezzlement (In re Lillions, 196 Wash. 272, 82 P.2d 571 (1938)); and having an affair with a juror in a cause in which the attorney was counsel (In re Bruener, 178 Wash. 165, 34 P.2d 437 (1934).
Moreover, regarding just the last seven initial applicants for admission considered by this court, we have granted admission to applicants who have: sold seven ounces each of cocaine and heroin (Bar Applicant No. 60); conspired to import and distribute marijuana and transported $250,000 to another country (Bar Applicant No. 59); engaged in vehicle tampering and shoplifting (Bar Applicant No. 58); sold over a pound of cocaine to undercover officers for $30,500 in addition to possessing over a half-a-pound of cocaine (Bar Applicant No.57); furnished alcohol to a minor, delivered a controlled substance to a minor, and committed third degree sodomy with a 14-year-old girl (Bar Applicant No.56); broke into a liquor store, burglarized a home, stole payroll checks, and drove under the influence (Bar Applicant No.55); and possessed marijuana and attempted to commit fraud (Bar Applicant No.54);
In re Clark Garen, Bar Applicant
B.A. Number 61 did make a motion to {Washington Supreme Court} have this decision to be a "published decision," they (the Wa. Sup. Ct.) denied the motion, hence, the above is from a "NON-Published Decision." Justice Sanders was the only yes vote to Publish.
IBTG!
We had a few Freepers who had been so sure those Duke Boys had to be guilty join this little Mike Nifong pity party for a while.
Maybe TG can tweak the logo and provide support for Abel Reyna.
Birds of a feather and all that.
Speaking of TG ,he hasn't shone-up yet , do you suppose he is under a GAG ORDER from the court ,,,,,hmmmmm
Sorry, but all this diversionary table pounding is simply fools trying to pretend these motorcycle drug dealing gangs won’t deservedly go to prison for a very long time.
Sorry ‘bout that.
shown ..
I still compare you to Baghdad Bob , run your mouth and only propaganda comes out ,,,,,,
“As MY lawyer once told be in MY case make them feel that they’re part of your family . They’ll be on your side.
LOL! We all know that that is the only reason for these gang-supporting posts!
But you are going to have to work harder to make the jurors feel like part of a family of murdering drug-running pimping pedophiles!
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