Posted on 02/02/2017 8:08:43 PM PST by Elderberry
BEFORE he was elected in 2011 to serve as the McLennanCounty district attorney, Abel Reyna represented criminal defense clients for 13 years.
So Reyna, not surprisingly, offers an opinion—or two—about the strategies of a criminal defense lawyer who represents one of the 155 bikers who was indicted based on charges stemming from a May 17, 2015, shootout in the parking lot of a Twin Peaks restaurant in Waco, Texas.
"There is no way in hell I would be a part of those shenanigans," Reyna said about criminal defense lawyer Clint Broden of Broden & Mickelsen in Dallas.
So what are the "shenanigans" to which Reyna refers? Broden's client has filed a petition for writ of mandamus, pending before an appeals court, in which he seeks to overturn a trial judge's ruling against a motion to disqualify Reyna from the bikers' prosecutions.
In the mandamus petition, Broden, who represents one of the indicted bikers, argues that his client will be denied due process unless Reyna is removed from the case. He alleges that the DA has a "huge" financial interest in the bikers' prosecutions.
Specifically, some bikers have sued and sought damages from Reyna and the police chief in federal civil court based on allegations that they violated their civil rights.
According to Broden and other defense lawyers who support Broden's strategy, Reyna will fail to persuade an appellate court, as he did a Waco trial court, that he, as a government official and acting in his official capacity, should be granted immunity in the civil case.
Broden and other defense lawyers argue that Reyna forsook his government official immunity privileges based on how he behaved on the night of the shoot out—allegedly pressing for the arrests of bikers, despite contradictory conclusions reached by the police detectives on the scene.
"I have no doubt that as soon as we get it out of the hometown zoo that is Waco, his behavior at the scene will be viewed as way out of line of the traditional role of a prosecutor," said Paul Looney about Reyna.
Looney, of Looney & Conrad in Houston, represents a criminal defendant in the Waco biker case, and he supports Broden's strategy—and even helped develop it—although his own client is not pursuing the disqualification of Reyna.
As a result of the shootout at the Waco Twin Peaks restaurant, nine people died, dozens were injured, and some 177 bikers were arrested. Most of those arrested bikers were charged in what defense lawyers have criticized as "cookie cutter" indictments of engaging in organized crime.
A Slow Road to Justice
For those indicted bikers, justice has been anything but speedy. Although more than 18 months have gone by since their arrests, none of the bikers have had their defenses heard at trial, and 154 of their cases are pending. One case against a biker was dismissed because the defendant died in a motorcycle accident, according to Reyna's office. The first trial is scheduled to start in April.
At an Aug. 8, 2016 hearing, 54th District Judge Matt Johnson in Waco considered Broden's client's motion to disqualify Reyna. Brent Stroman, the former Waco chief of police, and Robert Lanning, an assistant chief of police, testified at the hearing.
Lanning served as acting chief on the night of the massive biker arrests because Stroman was on the East Coast visiting with his family, according testimony at the disqualification hearing.
Lanning told the court that in Storman's absence, Reyna sought to arrest all the bikers wearing "colors" who were present at the Twin Peaks restaurant, regardless of what specific motorcycle club they belonged.
Initially, Lanning testified that he objected to arresting all those bikers.
"When it first came up, I told Mr. Reyna that if the decision was mine, that we were not going to make the arrests. I didn't feel comfortable doing that as the acting chief. And he asked that I call the chief. And he said, if you're not going to make it, will you call the chief and see what his opinion is?"
According to Lanning and Stroman's testimony, Reyna eventually spoke that evening with Stroman.
At the hearing, a defense lawyer asked Stroman to tell the court if it was correct to conclude that "even though Mr. Reyna couldn't put the handcuffs on people, it was clear to you that he wanted your department to arrest all these people?"
Stroman replied: "That's what I—that was what was presented to me."
According to the mandamus petition, Stroman, although not personally on the scene, ultimately acquiesced to Reyna's request. Hence, the bikers were arrested and most of them ultimately charged.
For his part at the hearing, Reyna, when asked if he advocated for the arrests, told the court: "I don't know that I did that."
In an interview with Texas Lawyer for this story, Reyna said about the arrests: "The chief made the call."
In his client's mandamus petition, Broden argues, "Mr. Reyna does not enjoy absolute immunity from suit because he was actively involved in the initial investigation and he advised regarding, if not advocated for, the arrests of the motorcyclists. He also involved himself in the investigative phase of the cause prior to a determination of probable cause. As such, Reyna could be personally liable for damages arising out of the false arrests of the motorcyclists and, consequently, his career and financial well-being are in jeopardy. Nevertheless, if Reyna is somehow able to obtain a conviction in this case, he reduces his personal financial exposure for the false arrests for which he advocated."
In the civil cases bikers have filed against him, Reyna faces possible damages of more than $500,000 and the county, his employer, has not offered him any extended indemnity coverage, Broden states in the mandamus petition.
At the hearing, Reyna's lawyer Tom Brandt of Dallas' Fanning Harper Martinson Brandt & Kutchin, argued that if Reyna were disqualified, it would set a dangerous precedent by which every criminal defendant could sue the prosecutor handling his case to get him removed.
Johnson, the trial judge, agreed, ruling to let Reyna remain as the prosecutor on the bikers' cases. Johnson's decision prompted Broden's client to file his mandamus petition shortly before the end of last year.
By mid-January, the state is scheduled to file a response to the mandamus petition against Johnson.
U.S. District Judge Sam Sparks in the Western District of Texas in Austin, who is presiding over the civil case filed by the bikers against Reyna and others, has stayed that litigation until Jan. 16.
At a hearing in May 2016, Sparks sounded frustrated by the layers of unresolved litigation and expressed some skepticism about prosecutors in Waco and their response to the biker shootout. According to an account in the Waco Tribune Herald, based on a transcript, Sparks labeled the potential conflicts between the civil and the criminal cases as a "Catch-22" situation.
"That's the reason I called this little powwow," Sparks said. "Here, we've got lawsuits wherein the chief of police, policemen and the district attorney are sued, which would normally mean that I can't do anything in this case until the criminal case is over. And I noticed in the paper where they're seeking to disqualify the district attorney, but that won't eliminate the problem. ... So if y'all have any novel way of trying to break up this logjam, I'll be glad to listen to you, but I don't see anything until the—somebody comes in outside of Waco to prosecute these cases." Sparks also sounded displeased with the prosecutors. "It's been a year, and y'all don't even know who is going to prosecute these cases, which is inexcusable," the federal judge said.
For his part, Reyna, who earlier told Texas Lawyer that the defense lawyers' treatment of him as a target is "flattering," double-downed on the argument his lawyers made before the trial judge. "It's a waste of time and merely an opportunity to acquire free publicity on the part of the criminal defense lawyers," Reyna said about their strategy to get rid of him. About their arguments that he has a conflict, Reyna said: "I don't see it at all. They created the conflict."
Now that Trump is in office and he is filling positions, the time is approaching for the persecuted bikers’ attorneys to present discovery requests to the involved federal agencies (e.g., BATF, FBI, DOJ) with the likelihood that Sessions will MAKE SURE NO COVERUP IS ATTEMPTED and the true facts will come out.
Reyna is SO screwed!
LOL — I guess I wasn’t IBTG!
The Waco biker shot it out in self defense. They have total defense. This is a waste of tax payer money. It will fail!!
They are charged with conspiracy. Self defense plea won’t work.
Looney & Conrad
Only those agencies were not involved.
Lets Pray he is this has been a farce from the beginning
Not even close.
There is an old legal saying:
Trial outcomes are determined by the Law and the Facts.
When you have the Law on your side, but not the Facts, pound on the Law!
When you have the Facts on your side, but not the Law, pound on the Facts!.
When you have neither the Law nor the Facts on your side, pound on the table!
This is table pounding.
PS, RE: the defense lawyer’s statement; “I have no doubt......”
Defense lawyers never have any doubt about their client’s innocence, even after the jury’s verdict.... that is, until the client’s appeal money runs out.
“...This is table pounding.”
***********************************
Hell, Reyna won’t even allow the table to be set let alone pounded. He has been doing everything possible to DELAY, DELAY, DELAY. IMHO, the reason is because he KNOWS he has NO CASE against the great bulk of the individuals being persecuted in this malicious prosecution.
Time will tell whether Reyna is a hero or a MONSTROUS VILLAIN. My money is on the latter.
Well, Kent State and Ludlow Massacre are examples. Of the strategy in play. Gonna be another eight years before the cover up starts to unravel.
Seems to me that in the interests of justice, these cases all need to be moved out of McLennan County. Furthermore, from the comments by the Federal Judge, it would appear that he’s pissed off about “justice being delayed is justice being denied.” No one has any idea of exactly what happened, but it seems clear that many of those arrested had no part in the violence, and yet they have had their lives ruined. I am not a fan of bikers, they are still entitled to the same legal protections and processes as anyone else. One is left with the distinct notion that the whole “just us system” in Whacko, with all of it’s inbred good ole boy participants, is trying to pull off a massive coverup and its long past time when the cold light of day is shone on all of it. If prosecutorial malfeasance is proven, I hope the city, the county are hit so hard financially that the citizens are forced to take notice and that most especially Reyna and the PD personnel, go home in a barrel financially (and spend some time in the slammer).
Conspiracy to do what? Ride motor cycles? They don’t have any evidence— no witnesses— no case. IT WAS A FIGHT. Someone shot!! First trial is in April against the president from San Antonio. I suggest it will be dismissed for lack of evidence to support a verdict as soon as the prosecution rest. One guy started shooting and others defended themselves. Which one shot first ? Also the 4 of the 9 death victims that were shot there were shot police RIFLES ( AR 15s) !!!
I’m just glad I am not picking up the taxpayer bills for this fiasco.
“Conspiracy to do what? Ride motor cycles? “
I guess you don’t know much about the gangs.
The Bandidos run Texas. They extort fees from other clubs and then give them permission to put on their jackets and ride the roads of Texas.
If the other clubs don’t pay the extortion money, they get whacked.
“No one has any idea of exactly what happened, but it seems clear that many of those arrested had no part in the violence”
If you are the driver for a bank heist and one of your buddies kills a guard, you can be charged for murder even though you did not pull the trigger.
” Also the 4 of the 9 death victims that were shot there were shot police RIFLES ( AR 15s) !!!”
Even some of the bikers said that the cops swift reaction probably saved many lives.
Proof? witnesses? videos or just conjecture. .
I used to live in Texas and when I was there ,it is my opinion that about 3000 public safety officer and Texas rangers and 15000 law enforcement officers did quite well in ruling Texas. For example, try driving an Interstate with drugs in Texas. It is positively uncanny how accurate they are with those satellites.
I guess we will see in the trial. All it takes is evidence and verdict and the appeal process but these guys and all citizens in Texas must be afforded notice, hearing and due process and the trial of peers with admissible evidence and I just think the State is heading for a huge train wreck.
“If you are the driver for a bank heist and one of your buddies kills a guard, you can be charged for murder even though you did not pull the trigger.”
Wow! That’s a true statement, but in the context of what happened at Twin Peaks, it’s a real stretch. From your point of view, if I were a customer in the bank at the time of the robbery, I’d get hauled in as an “accomplice!” As I said, while I am no fan of bikers, I am a fan of the Constitution which applies even to people I don’t happen to like.
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