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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.
1 posted on 08/17/2015 11:12:47 AM PDT by Prolixus
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To: Prolixus

And never mistake the law for justice. The two overlap sometimes by accident.


2 posted on 08/17/2015 11:17:42 AM PDT by peyton randolph (I am not a number. I am a free man.)
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To: Prolixus

Does anyone have any idea just what “organized criminal activity” these two might have been involved in?


3 posted on 08/17/2015 11:25:36 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Prolixus

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.


20 posted on 08/17/2015 1:17:11 PM PDT by Boogieman
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To: Prolixus
Here is the substantive material that the judge relied on to find probable cause - either that, or the judge relied on the "magic words" that substitute for evidence, in Texas.

Department of Public Safety Lt. Steven Schwartz, a 17-year department veteran, testified at the morning hearing that William and Morgan English wore patches that identified them as members of a group called Distorted. Another patch identified them as members of a support group for the Bandidos, which Schwartz said has been identified as a criminal street gang. ...

He said he thinks the Englishes were aware of the rift between the Cossacks and Bandidos and they were there that day as a show of support for the Bandidos.

However, under cross-examination from Looney, Schwartz said neither he nor other DPS investigators were aware that the seven-member Distorted group existed before May 17. Looney said that of the seven members, only William English has a hint of a criminal past, what he called an "old DWI."

Schwartz said they wore patches that said they support the Bandidos, so that tells him they are at least "somewhat involved in criminal activity."

He said he saw nothing that day and has developed no subsequent evidence to show the Englishes are involved in criminal activity.

Schwartz suggested the Distorted group and others who ride motorcycles in Texas might think it is safer to wear a patch showing support for the Bandidos as they ride around the state. ...

Schwartz agreed with Looney that the Englishes were cooperative and agreed to talk to investigators after the shooting. He said they told police that one of their friends brought a gun with him, but they left it locked up in the car.

"Other than that, all we have is that they were merely present at a murder. Correct?" Looney asked.

"Correct," Schwartz said.

My prediction has been that the courts will find probable cause regardless. If the courts found absence of probable cause, that finding would be used by plaintiffs in deprivation of rights claims.
39 posted on 08/17/2015 4:12:37 PM PDT by Cboldt
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To: All

Pretty good job letting the POS fascist trolls talk mostly to each other today!


49 posted on 08/18/2015 10:55:55 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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