Posted on 06/02/2017 8:27:58 PM PDT by Elderberry
A Georgetown biker, who was frustrated after his trial date was passed over last month in favor of another Twin Peaks defendant, got a new trial date Friday, but it's four months later than he wanted.
Judge Ralph Strother of Waco's 19th State District Court denied a request Friday from Millie Thompson, an attorney for Thomas Paul Landers, to reinstate his trial date in July.
Landers, 60, a founding member of the Escondido motorcycle group and an active motorcyclists’ rights advocate, is among 155 bikers indicted on first-degree felony charges of engaging in organized criminal activity, with underlying offenses of murder and assault.
Landers had been set for trial in July. However, at a hearing last month, prosecutors made it clear they want Jacob Carrizal, a Bandido from Dallas, to be the first of the Twin Peaks bikers to go to trial. Strother went along with them, setting a Sept. 11 trial date for Carrizal.
Unfortunately for Landers, that bumped him from his July trial setting, as prosecutors continue to receive evidence from analysts and deliver it to defense attorneys. Strother and 54th State District Judge Matt Johnson have agreed to try biker cases on an alternating monthly basis. So Strother set a Nov. 2 trial date for Landers.
Matthew Clendennen, a member of the Scimitars group from Hewitt, is set for trial in 54th State District Court on Oct. 9.
"We asked for a July trial setting in February, your honor," Thompson said. "We were supposed to be the back-up trial to Carrizal if that fell through. How did we end up without a trial setting in July?"
"Because the court took it away from you," Strother replied.
Thompson called the system unfair and said she is considering appealing the judge's orders.
"I think that they are right," Thompson said after the 20-minute hearing. "Judges and the courts do have discretion over their trial dockets. There is a problem, however, when the state in any way dictates what that order is going to be. There is case law on that."
Thompson said the case has been hanging over Landers' head for more than two years now, and every delay increases his anxiety level and that of his family.
"You lose sleep. Everyone loses sleep," Thompson said. "They are not sleeping regularly like you are, plus the effect it has on their family. What does chronic anxiety do to people?
"They rushed to arrest these people. They rushed to set outrageously high bonds and kept them in jail for weeks, and they rushed to indictment. Now, it is complicated about who they actually want to try, and they are letting one particular defendant out of 150-something decide the order of trial. It doesn't seem fair."
Landers, a board member of the National Coalition of Motorcyclists and chairman of its legislative task force, has said previously that he arrived at Twin Peaks on May 17, 2015, prepared to give an update about the recent legislative session to the Texas Confederation of Clubs and Independents.
Landers said he and his groups, which include veterans, Christians and service-oriented groups, have worked closely with the Texas Department of Public Safety, Texas Department of Transportation, legislators and other agencies about issues relating to bikers.
http://www.freerepublic.com/focus/news/2153351/posts Post #37
Welcome to New Kenya (Africa U.S.A.)
“Where the law of the jungle has replaced the Law of the Land.”
12/23/2008 1:13:26 PM PST by Texas Fossil
—
Now, the problem exists not just in the Federal Court system but at the district court level in many states.
Political agenda has circumvented the rule of law and twisted the statutes past comprehension.
But in my opinion, the answer is less not more.
Destroy the ever reaching federal power grab which like a cancer has grown beyond bounds of the courts themselves.
Return all but the most heinous of crimes to the local level. Lowest possible level. With local people on the juries. I trust their judgment more than a gaggle of Harvard Lawyers.
At 2 or 3 trials per year, this is going to take awhile.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
How is this whole mess (along with most of the modern criminal justice prosecution system) not a violation of the 6th amendment?
That time it took 10 years to go thru the courts.
In assessing whether a defendant has been deprived of his speedy trial right, there must first exist a delay that is “presumptively prejudicial.” There is no set time frame that triggers the presumption, but a delay approaching one year is sufficient to trigger a speedy trial inquiry. Orand v. State, 254 S.W.3d 560 (Tex. App. Fort Worth 2008). Once it has been determined there is a presumptively prejudicial delay, the court will use the Barker Balancing Test to assess whether the defendant was deprived of his speedy trial right, and thus entitled to a dismissal. The Barker Balancing Test
Under the Barker balancing test, there are four factors that the court assesses:
Whether the length of the delay was uncommonly long;
Whether the reason for the delay was justified;
Whether the accused asserted his right; and
Whether the delay resulted in prejudice to the accused.
Barker v. Wingo, 407 U.S. 514 (1972).
Of the four factors, the state bears the burden with regards to the first two factors and the defendant bears the burden of proving the other two factors. The court will evaluate the factors, separately and together, to determine whether they weigh in favor of the state or the defendant. If a majority of the factors weigh in favor of the defendant, the court may find that his right has been violated and his charges may be dismissed.
I drove through there about a year before this happened. Didn’t stop for anything. Just had an uncomfortable feeling and I’m not a biker (though I do have an old motorcycle in the garage).
There must be something in the water. This is one strange thing. Beyond bizarre. I’d say if you were innocent, your life is pretty much destroyed. I’m having a hard time believing 155 people went there to kill that day.
Have a notice, an update to what I'd posted a couple of weeks ago about other trials.
Ft. Worth trial will be two trials. Had been scheduled for 22nd of May.
First trial slated to begin 9 AM Monday, June 5, 396th District Court Tim Curry Criminal Justice Center, 6th Floor, 401 W. Belknap, Fort Worth, TX 76196-0215
Howard Wayne Baker (the one with the Harley wing tattoo across his forehead and to side of face).
Supposedly another pre-trial update for Robert Stover scheduled for a week or more later. I forget exact date for that one. But like I had guessed would possibly happen --- Baker appears to be left holding the bag. They may make Stover share it. I really do not know. Kinda' feel sorry for them, even though G.Brady in no wise deserved being attacked out-of-the-blue like that, then shot and killed, when -- I think-- he was fighting back.
I'll try to be there, I suppose. Not sure I can make it though. Well see...
Anyone desiring to check prior to heading that way (if interesting in being self-guided observer) could call 396th District Court, Court Coordinator Tommie LaRue
My apologies to anyone out there in everyone-land (N.Texas, anyway) for having not published the info on this forum early enough to call the Court prior to next Monday, when it's scheduled to start fairly early (9 AM).
I forgot to call earlier today to make sure there had not been yet another re-scheduling, or something. Guess I'll have to wing it. Coming from the Eastbound I-30, get off at Henderson, drive North past Belknap, (turn at Belknap then look for the first right turns into that area neighborhood) or perhaps better, take the first left that can be made after passing Belknap, either the first street, or else at the traffic signal. There is some free parking available around there, just pay attention to signage because it's not all free, and not all of it is public street parallel all-day parking. Do not try to use the TCJC parking to the North in that area -- according to signage they will tow if vehicle bears no TCJC parking sticker.
At this rate it’s gonna take 15 years to get through all of this.
IBTG Yet another delay for a persecuted Waco biker.
Seems to me they are getting awefully lenient with the speedy trial requirements.
That’s what I’m thinking. We’re supposed to have a right to a speedy trial. 2 years plus is not speedy
“I wonder if AG sessions is aware of the nonsense involved here?”
I wonder if AG Sessions would know if his fly is open? What a looser!
“I drove through there about a year before this happened. Didn’t stop for anything. Just had an uncomfortable feeling and I’m not a biker (though I do have an old motorcycle in the garage).”
I’d be uncomfortable too. Here we have the “great” State of Texas, ostensibly run by Republicans, and yet in their “hinterlands” they have these a$$holes pretending to be judges like this useless pr!ck Strother. He even has a “Texas Tick Turd” last name. The abuse of it’s citizens by it’s “judiciary” seems to be endemic to the entire state.
Maybe we should all start yelling for Texas be given back to Mexico?
“At this rate it’s gonna take 15 years to get through all of this.”
I guess that’s what The Constitutional requirement for a “speedy trial” means in Texas!
Attorney General Sessions To Gangs: ‘We Are Targeting You’
“”You lose sleep. Everyone loses sleep,””
Some lost their lives ...
I guess it was because I knew of what happened there to many misguided people at the hands of AG Janet Reno and company.
Never felt that way in any other part of Texas. (I was mostly up and down I-45 from Dallas to Spring but came back up a different route.
After this thing, I will never even drive through Waco once more; never again. This abuse of 155(?) citizens for what probably are the actions of a dozen or less is, frankly, suitable to be discussed on Infowars - only, it’s not tinfoil.
“I’d say if you were innocent, your life is pretty much destroyed. I’m having a hard time believing 155 people went there to kill that day.”
They were ordered to go there. It was a gang confrontation. Violence is expected when warring gangs have confrontations.
Which gang do you belong to?
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