Judge reverses order to extend McLennan County grand jury’s term

Waco Tribune-Herald ^ | July 2, 2015 | TOMMY WITHERSPOON

[Prolixus]

Two days after a state district judge extended the term of a McLennan County grand jury to consider the Twin Peaks shootout case, he changed his mind and withdrew the order.

Judge Matt Johnson of Waco’s 54th State District Court declined Thursday to discuss why he reversed his decision, but his order says a new grand jury plan for McLennan County was approved on June 11, which requires selection of all McLennan County grand juries from a randomly drawn panel.

While Johnson declined comment, McLennan County District Clerk Jon Gimble said the judge thought it best to use the new method of grand jury selection since the judges already had put the new plan in place.

Johnson had extended the current grand jury’s term by 60 days at the request of the district attorney’s office “for the purpose of concluding the investigation into the incident at Twin Peaks, allegations and circumstances surrounding such incident.”

Because grand jury sessions are confidential, it is not known if prosecutors have been reviewing the Twin Peaks shootout with the grand jury or had begun an examination of actions taken by Waco police officers involved in the May 17 shootout.

McLennan County District Attorney Abel Reyna did not return requests for comment on Thursday.

The grand jury’s term expired at the end of June. A new grand jury will be selected under the new system on July 8. The Texas Legislature passed a new law that limits the manner in which grand juries are selected to randomly selected panels, in the same manner that juries are selected in criminal and civil trials.

The change puts an end to the so-called key-man or “pick-a-pal” system that McLennan County has used historically.

Under that system, judges selected four or five commissioners, and those commissioners nominated four or five prospective grand jurors each.

The first 12 who qualified and agreed to serve made up the grand jury.

Clint Broden, a Dallas attorney who represents Hewitt biker Matthew Clendennen, filed an objection on Wednesday to Johnson’s decision to extend the grand jury’s term, saying the “pick-a-pal” system violates the due course of law clause to the Texas Constitution.

“The pick-a-pal system was done away with in the recent Texas legislative session,” Broden’s objection says. “The sponsor of the bill changing the pick-a-pal system, Sen. John Whitmire, noted that the pick-a-pal system cast doubt upon the integrity of the process. ‘It’s just the perception — and the reality — that judges handpick their grand jurors through their commissioner. ... It is just not realizing the diversity, the transparency, the openness that we’re looking for. It diminished the confidence that many communities have in the grand jury system.’ ”

The judge said he had not seen Broden’s objection when he decided to withdraw his order extending the grand jury.

[Prolixus]

Sounds like score 2 for the rule of law.

[deport]

And sounds like the pick a pal group didn’t want to be
involved with a potential long drawn out process.

[Parley Baer]

Yep, the spotlight was turned up high on McLennan County and they are covering their backsides.

[don-o]

So half of the 90 days Reyna has to obtain indictments is gone gone gone.

[Prolixus]

45+ days and not one indictment? When police and their video recorders were present during the shootings?

I’m still thinking they’re trying hard to link the weapons “found at the scene” to crimes not linked to the Twin Peaks shooting. It could result in awkward charges such as a young guy being linked to an old crime due to his being in possession of an old weapon.

[MrEdd]

I demanded my state representative actively oppose every request request for state money regarding this Waco mess.
If other Texans have been doing the same, maybe this is just a win for budget constraints.

[don-o]

bump

[don-o]

http://www.wacotrib.com/news/courts_and_trials/indictments/mclennan-county-grand-jury-indictments-june/article_b3b10e8f-04df-51b6-b284-fad8aee1947e.html

Here’s the list of indictments - none from the 5/17/15 at Twin Peaks.

I wonder how close they are to getting a new GJ convened. The clock continues to run - 90 days from 5/17.

As I understand it, they now have to use the same procedure to select a GJ as a regular jury - mail out notice to appear for selection and go through that whole process. That has to involve at least a week - more likely, two,

[don-o]

The grand jury’s term expired at the end of June. A new grand jury will be selected under the new system on July 8.

Well, there is the answer in the article. Renya will have a month, at most, to get 177 indictments.

[mad_as_he$$]

I have responded to jury summons many times. Once I tell them I am an engineering by training dismissal is swift. That said I would do about anything short of perjury to not get on this Waco GJ circus.

[don-o]

I have never been summoned for Grand Jury. Perhaps someone will chime in with how that selection process works.

The fact that Renya asked for a 60 day extension tells me that he knows he has a lot of work to do, starting from scratch. And looking at that 6/30 list as an indication of regular criminal activity, he will have a bunch of actual criminal cases to deal with that happened after 5/17.

[mad_as_he$$]

Basically the process I saw was the same as a regular jury except that they asked if you could commit for an extended time. About half the pool said no and they were excused. Twice I made it to the selection process and was dismissed once I told them about my education. Once the judge stopped the DA and asked if I was a fair minded person. I said yes and the DA dismissed me anyway. This was in Kalifornia.

[Delta 21]

Stressful times inside the WACO PD. Probly multiple internal briefings a day on what not to say and how not to say it.