Posted on 08/12/2015 6:00:55 AM PDT by don-o
After three months of complaints, accusations, recusals and resets, a visiting judge Tuesday approved a revised examining trial schedule for 17 bikers arrested in the May 17 Twin Peaks shootout.
With only two of 177 bikers who were arrested on engaging in organized criminal activity charges remaining in the McLennan County Jail, and the McLennan County District Attorneys Office releasing some of its evidence to defense attorneys, the scheduled examining trials dont have the sense of urgency they once did.
Retired State District Judge James Morgan has been given the authority to hear the cases. McLennan County Justice of the Peace W.H. Pete Peterson, who was recused in one case, will allow Morgan to hear 16 others filed in Petersons court.
Morgan was appointed to hear the examining trial of Matthew Clendennen after the Hewitt mans attorney, Clint Broden, was successful in having Peterson recused from hearing the case. Broden withdrew his request for an examining trial on Clendennens behalf earlier this week, Peterson said.
Morgan, who will hear the examining trials in the courthouse annex visiting courtroom, has scheduled three hearings for Monday, four for Aug. 19, three for Aug. 24, two for Aug. 26, three for Aug. 27 and two for Aug. 28.
Examining trials are rare in McLennan County and are set normally for those who remain in jail, have not been indicted and who challenge the sufficiency of evidence backing their arrests.
Primarily, the hearings are used by defense attorneys to get a look at the evidence against their clients.
If a judge rules there was not probable cause for the arrest, the defendant is freed from obligations surrounding his arrest, including conditions of bond. But it does not preclude the district attorneys office from indicting the defendant later if prosecutors think they have a case.
Burden of proof
The states burden of proof in examining trials is much less than in a criminal trial, in which a defendants guilt must be proved beyond a reasonable doubt.
Four bikers who had requested examining trials withdrew their requests in the past few days, and two others have requested them, Peterson said.
Morgan presided over the 220th Judicial District of Bosque, Comanche and Hamilton counties before he retired.
Broden filed a judicial complaint against Peterson and has been openly critical of Petersons involvement in the wake of the May 17 shootout that left nine bikers dead.
Broden complained that it was inappropriate for Peterson to say he set bonds for 177 bikers arrested at $1 million to send a message about the gravity of the incident.
He also was critical of Peterson issuing arrest warrants that relied on what Broden called fill-in-the-blank arrest warrant affidavits that Broden claims included insufficient probable cause and identical allegations for every biker.
List of dates at source. Also hot links for previous stories for those who may wish to catch up on a story that is little reported.
What happened to the reported pay backs that were coming?
You are referring to the hordes that were coming to Waco to gun down every cop they could find? It sure is taking them a long time....
Don’t Mess With Texas!
The payback dates will be received from their “Big Leroy” cellmates down at the Texas Dept. of Corrections pea farm.
bing-o
don-o
Short man syndrome.
Ahhh! So returns “copy and paste” and as usual dragged in some of them big ol non-redneck words picked up on DU.
From what I had read as claimed by inmates, in the joint, its convenience and availability, not faggetry. But then you may know more than do I about such things.
Actually I read somewhere, maybe you copied and pasted, that was among the criminal bike gang initiation thingys?
Well, is homoerotica really unexpected from Monica’s Dress spurt?
Mark
English is a member of the Distorted MC. I wondered why they called themselves 'distorted' till I got more info:
"Julie Perkins, a full patch member, left her ol lady at home not feeling well ... "
https://amyirenewhite.wordpress.com/2015/05/26/the-distorted-truth-biker-victims-of-waco/
Ga-a lee, it wuz you that started up Project Erectile to hep your friends doing time? You just never know when you might run across some real big shot here on FR.
Maybe Leroy won’t be needing any blue pills to help out with the soon incoming Waco herd.
You know what Leroy, there are a lot more stupid and unemployed people with big falutin edamacation in wordsmithin, than us dumb ol get-along country boys.
What I know is when looking in the dictionary for ‘full of themselves and full of shite’, there is robert teasdell.
Heck, it wuz grate jaw-jackin with ya. Wish you could mosy on down here to Texas, might try out Twin Peaks for a cold Shiner longneck, but I’ll dang sure wear my Kevlar.
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