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Visiting judge sets examining trials in biker cases [Waco]
Waco Herald-Tribune ^ | August 11, 2015 | TOMMY WITHERSPOON

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 Attorney’s Office releasing some of its evidence to defense attorneys, the scheduled examining trials don’t 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 Peterson’s court.

Morgan was appointed to hear the examining trial of Matthew Clendennen after the Hewitt man’s attorney, Clint Broden, was successful in having Peterson recused from hearing the case. Broden withdrew his request for an examining trial on Clendennen’s 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 attorney’s office from indicting the defendant later if prosecutors think they have a case.

Burden of proof

The state’s burden of proof in examining trials is much less than in a criminal trial, in which a defendant’s 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 Peterson’s 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: waco
h/t cboldt

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.

1 posted on 08/12/2015 6:00:55 AM PDT by don-o
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To: don-o

What happened to the reported pay backs that were coming?


2 posted on 08/12/2015 6:10:27 AM PDT by Joe Boucher ( Obammy is a lie, a mooselimb and pond scum.)
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To: Joe Boucher

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....


3 posted on 08/12/2015 6:14:38 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

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.


4 posted on 08/12/2015 7:05:58 AM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: don-o

bing-o
don-o


5 posted on 08/12/2015 7:12:12 AM PDT by Joe Boucher ( Obammy is a lie, a mooselimb and pond scum.)
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To: X-spurt
The payback dates will be received from their “Big Leroy” cellmates down at the Texas Dept. of Corrections pea farm.

What homoerotic shlock. Do you advocate prison rape as extrajudicial punishment? 8th Amendment much?
6 posted on 08/12/2015 7:26:15 AM PDT by Robert Teesdale (III% | 4GW)
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To: Robert Teesdale

Short man syndrome.


7 posted on 08/12/2015 8:01:12 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: Robert Teesdale

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?


8 posted on 08/12/2015 8:05:42 AM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: Robert Teesdale

Well, is homoerotica really unexpected from Monica’s Dress spurt?


9 posted on 08/12/2015 9:52:59 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: don-o

Mark


10 posted on 08/12/2015 9:58:30 AM PDT by sport
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To: don-o
Short man syndrome.

It would be funny if it wasn't tied to advocated jurisprudence and corrections management.
11 posted on 08/12/2015 10:04:30 AM PDT by Robert Teesdale (III% | 4GW)
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To: Robert Teesdale

12 posted on 08/12/2015 10:08:15 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: X-spurt
Ahhh! So returns “copy and paste” and as usual dragged in some of them big ol non-redneck words picked up on DU.

Evidently you are finding challenges in reading some of my posts. Allow me to share my empathy with you. It can be challenging to struggle in a milieu where one does not possess facility of comprehension. The good news is that, being responsible for your own education and advancement, there are a multitude of not merely impactful but also quite pleasurable channels where you may avail yourself of growth opportunities.

Dissertations on the English Language (Webster)

You may find it useful to segue from that free material to other, equally robust entries at the link which also do not require fees. Broadening the mind and understanding through application of education is not restricted to our whining and murderous collectivist friends at Democratic Underground, despite being one of their claimed differentiators.

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.

Correctly spelled it is "faggotry". And regardless of whether it is inflicted as a result of convenience, availability, preference, dominance or simple abuse it is a cruel and unusual punishment, unsanctioned by law, and in violation of the inherent God-given rights of Man when included as expected consequence of adjudication.

To gloat in the anticipation of human rights violations is foul and evil.

Actually I read somewhere, maybe you copied and pasted, that was among the criminal bike gang initiation thingys?

I have not discussed initiation practices on the Waco threads, or to my memory on any other thread in fifteen years of posting at Free Republic.

I have, however, previously addressed prison rape as de factor 8th Amendment violation. I have also done so in person at closed press conferences in front of the Bureau of Alcohol, Tobacco, Firearms and Explosives and thereby forced changes in public advertising on Project Exile.

I would therefore suggest, quite gently, that you are not merely disingenuous here... but also speaking nonsensical and insecure bile out of the corner of a slavering mouth rather than taking action where defense of liberty is, upon occasion, warranted by men and women of conscience.


13 posted on 08/12/2015 10:43:08 AM PDT by Robert Teesdale (III% | 4GW)
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To: don-o
10:30 a.m. Morgan J. English, Brenham

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/

14 posted on 08/12/2015 11:43:37 AM PDT by TexasGator
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To: Robert Teesdale

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.


15 posted on 08/12/2015 2:48:04 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: X-spurt
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.


Are you drunk?
16 posted on 08/13/2015 5:30:41 AM PDT by Robert Teesdale (III% | 4GW)
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