Posted on 08/17/2015 11:12:47 AM PDT by Prolixus
A visiting judge ruled Monday that Waco police had sufficient probable cause to jail a biker and his wife in the wake of the deadly May 17 shootout at Twin Peaks.
Retired State District Judge James Morgan denied a motion from attorney Paul Looney, who represents Brenham residents William and Morgan J. English, to clear them of engaging in organized criminal activity charges after a brief examining trial Monday morning.
In denying the motion, Morgan ruled that there was sufficient evideince to bind them over to a grand jury for indictment and that authorities had sufficient probable cause to arrest them.
Morgan has been given the authority to hear all of the 16 examining trials scheduled for the next two weeks.
Morgan is set to hear the case involving Cody Ledbetter at 2 p.m. Monday.
Morgan was appointed to hear the examining trial of Matthew Clendennen after the Hewitt man’s attorney, Clint Broden, was successful in having McLennan County Justice of the Peace W.H. “Pete” Peterson recused from hearing the case. Broden withdrew his request for an examining trial on Clendennen’s behalf last week.
Only two of the 177 bikers who were arrested on engaging in organized criminal activity charges remain in the McLennan County Jail, and the McLennan County District Attorney’s Office has been releasing some of its evidence to defense attorneys, so the examining trials don’t have the sense of urgency they did a few months ago.
Morgan, who will hear the examining trials in the courthouse annex visiting courtroom, has scheduled two hearings for Monday, two for Wednesday, three for Aug. 24, two for Aug. 26, three for Aug. 27 and three for Aug. 28.
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.
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.
And never mistake the law for justice. The two overlap sometimes by accident.
Does anyone have any idea just what “organized criminal activity” these two might have been involved in?
I don’t know their ties to Bandidos or Cossacks but it is a small club that admits ‘liberal lifestyle’ members.
From what I gather, the prosecutor is trying to say that the ‘gangs’ came heavy (armed, and with extra help) to have the Shootout at the OK Corral.
“And never mistake the law for justice. The two overlap sometimes by accident.”
Yeah, comrade, you tell it.
#BlackLivesMatter
>>> Does anyone have any idea just what “organized criminal activity” these two might have been involved in? <<<
Bad taste in clothing. Seriously...I’m not being facetious.
Wearing the wrong clothing made them participants in gang violence in the eyes of the Waco police.
I’ve been a lawyer for 20+ years. Before making snarky remarks, maybe you ought to consider that I know more about the legal system that you will ever learn.
Stop the “comrade” and “blacklivesmatter” horsesh#t.
It has nothing to do with communism or race and everything to do with a legal system that is rotten from the top (CJ Roberts’ Obamacare opinions is a perfect example).
Hands Up, Don’t Shoot.
“Officer, we were just here to have the raspberry iced tea and discuss motorcycle safety”.
I take you mean “liberal lifestyle” like we used to hear about Eskimos.
If you ain’t a lawyer in TEXAS, snarky remarks are darn-tootin germane.
In case folks have not seen it....
Note that the affidavit gives the police version of what happened, but does not say what any specific individual did in violation of the law.
And reposting the articles that states that the Organized Crime Law is to be applied in the presence of actual and specified criminal charges. That is not the case in Waco.
Would appreciate your reaction to my post 13.
Mistaken assumption on your part.
There no justice, huh, Just Us!
(shoo fits dood)
On its face, it seems to be the criminalization of the ongoing activity of freedom of association rather than focusing on actual crimes that took place on that particular day at Twin Peaks.
The "police are always right" FReepers who post here don't mind it when someone else's ox being gored.
However, the vague legal reasoning behind criminalizing association of like-minded individuals could just as easily be applied to a FReeper protest, a fraternity party, a fundamentalist Christian church BBQ, a Tea Party rally, or a meeting of Texans to discuss peaceful voluntary secession.
Troll.
That is the part the boot lickers refuse to see.
Ah, I wonder, when all the evidence comes out in the full trials, will the usual suspects around here still be pretending these folks were just innocent hobbyists targeted by the state? Time will tell.
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