Attorney Paul Looney
Posted on 01/09/2016 9:24:30 AM PST by don-o
A judge declined to throw out an indictment Friday against a biker who saw his stepfather killed May 17 at Twin Peaks and claims to be a crime victim rather than a criminal defendant.
Houston attorney Paul Looney, who represents Cody Ledbetter, a member of the Cossacks group from Waco, also failed in his attempt Friday to have a trial date set for Ledbetter after asserting for the third time his client's demand for a speedy trial.
Looney alleged that Ledbetter's case should catapult to the top of Judge Ralph Strother's 19th State District Court felony docket because Ledbetter is seeking a trial as soon as possible while no other defendants are making similar requests.
Michael Jarrett, McLennan County first assistant district attorney, argued that the local courts have systems and procedures in place and Ledbetter has no right to buck that system, putting his case ahead of others.
Jarrett also told the court that the investigation of the complex case by the DA's office and state, federal and local authorities is still in "its infancy stage as far as being ready to go to trial."
Jarrett said prosecutors have produced thousands of pages of discovery to defense attorneys but are still waiting for analysis of cellphone and ballistics evidence and the examination of thousands of biker Facebook posts, including ones by Ledbetter.
The delay in setting Ledbetter's trial is causing him "serious and long-standing harm," Looney told Strother. Looney characterized Ledbetter as a crime victim and said his indictment and wait for trial are preventing him from applying for state crime victim compensation because he saw his stepfather, Daniel "Diesel" Boyett, killed in the shootout at Twin Peaks.
Jarrett countered that it "flies in the face of justice" for Looney to refer to Ledbetter as a victim instead of a defendant.
'Boiler-plate' indictment
In his argument to quash the indictment, Looney told the judge that the "completely wide-open and boiler-plate" indictment is not specific enough to inform his client what he is being charged with.
"This is the first time in my career where the indictment or discovery documents don't tell me what my client did that he is on trial for," Looney said. "I don't know what conduct he is being charged with."
Jarrett argued that the indictments, which charge 106 bikers with first-degree felony engaging in organized criminal activity, with underlying offenses of murder and aggravated assault, track the language of the statute and are legally sufficient to allege an offense.
Jarrett said the bikers are being charged with being members of a criminal street gang and attending the meeting of a biker coalition as a show of force.
Strother denied the motion to quash the indictment, saying that the cases represent the aftermath of a unique, complicated and complex series of events. The judge also conceded that the identical 106 indictments were "not crafted as a matter of literary art," but are legally sufficient.
The term of the McLennan County grand jury that returned the 106 indictments Nov. 10 was extended by 90 days on Dec. 17 to conclude its investigation into the deadly shootout.
No date has been set for the grand jury to return.
IBTG
Attorney Paul Looney
In just after TG in pictures.
“preventing him from applying for state crime victim compensation “
He rides with gangsters and is charged with murder and wants the state to pay him for his ‘victim’ status?
Your reading comprehension skills are sorely lacking. Work on them, for your own good.
L
“Your reading comprehension skills are sorely lacking. Work on them, for your own good.”
LOL! Another personal attack without substance.
Troll booth?
I hope every single biker ends up a billionaire by the time this is over with and I hope it’s over with within a year at the longest.
This central TX county will have the highest property taxes in the nation as they try to pay back what they owe due to the civil court cases they will lose.
TG; it’s good to finally see what you look like. Fits.
I haven’t even really been following this story. I only picked up on the odd last name: “Looney”. Made me think of Monty Python.
“I hope every single biker ends up a billionaire by the time this is over with and I hope it’s over with within a year at the longest.”
Why do you support gangs?
Jarrett also told the court that the investigation of the complex case by the DA’s office and state, federal and local authorities is still in “its infancy stage as far as being ready to go to trial.”
Jarrett said prosecutors have produced thousands of pages of discovery to defense attorneys but are still waiting for analysis of cellphone and ballistics evidence and the examination of thousands of biker Facebook posts, including ones by Ledbetter.
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“its infancy stage as far as being ready to go to trial.”??
Un-F’n believable.
Who says I am? I'm sticking up for a bunch of people wronged by some inbred's in Waco. You're the one with gangs on the brain.
The real question is why can't you see who was wronged. How many LEO's are dead from this incident. That alone should tell you who the bad guys at this event were. Hint: They had the rifles with scopes. The good guys never had a chance. Just mowed down like grass on Sunday. Ambushed and killed or maimed. Then the survivors were arrested for a still unknown reason that makes any sense and ordered to pay $1M bond. In what galaxy does that make sense in your mind? Certainly none I've ever heard of.
It's exactly this kind of thing giving LEO's a bad name. The LEO community needs to clean up its own before asking others to give them the benefit of the doubt in the future. Dragging these cases on endlessly is NOT the way to do that. You simply can't be on the side of what's right and decent and support the DA, and by extension, what the LEO's did on May 17, 2015 in Waco. You simply cannot.
McLennan County District Attorney Abel Reyna has demoted prosecutor Michael Jarrett, two weeks after Jarrett fired a colleague’s new pistol through a DA’s office window.
LOL — Apparently idiocy is endemic in government circles in Waco.
Hey TG! Is this you? The guy who ran into 2 bikers in TX. He was just indicted too. What are they feeding these good old boys down there anyway? Scrambled eggs and nails? Something is sure as heck making them mean as buckshot grizzly’s.
http://dfw.cbslocal.com/2016/01/09/granbury-driver-who-hit-motorcycle-on-viral-video-indicted/
Lol
Bandidos the good guys!
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