Posted on 11/12/2015 6:04:15 AM PST by Elderberry
The Waco Grand Jury indictments on 106 individuals for engaging in organized crime are not convictions. The Grand Jury only determines whether the prosecutor has sufficient evidence to indict. The Grand Jury only hears from the prosecutor, no defense attorneys are allowed, and does not make a determination on guilt. As examining trials made clear, the basis of the prosecutor’s argument in many of these case relies solely on an individual’s association with a motorcycle club that that had members accused of committing a crime on May 17th.
These indictments based solely on association, particularly the cases where the prosecutor admits that there is no evidence that the individual participated in any crime or violence, flies in the face of recent Federal Court precedent. Those associated with motorcycle clubs are protected against government impositions based solely on membership in an organization that the government has labeled a gang or criminal organization.
Although the Grand Jury is not open to the public, or even to defense attorneys, past examining trials challenging the probable cause of the initial arrests reveal that mere association with a club labeled a criminal organization has been the basis of the prosecution’s theory for many of the accused. It is very reasonable to assume that many of the 106 indictments handed down by the Waco Grand Jury are based on nothing more than association.
The ability to challenge the prosecution’s theory should become more balanced during an actual criminal trial because the standard of proof is much higher. Although I agree with many that are concerned about the seemingly broken Waco criminal justice system, recent Federal decisions seem to say that the underlying assumptions of an indictment based solely on association are unconstitutional.
A US District Court this past September, relying on Supreme Court precedent, concluded that the government may not impose restrictions on an individual solely because of their membership in a motorcycle club, including a 1% club, that the government labels as a gang or criminal organization. The criminal activity of others does not justify denying rights and privileges solely because of association with an unpopular organization.
COLES v. CARLINI, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, Civil No. 10-6132 OPINION, 9/30/2015, p.28:
“Defendants have pointed to no evidence that by merely wearing Pagan’s “colors,†Plaintiff was involved in or associated with the alleged violent or criminal activity of other Pagan’s members. It is a fundamental principle that the government may not impose restrictions on an individual “merely because an individual belong[s] to a group, some members of which committed acts of violence.†In fact, the Supreme Court has long “disapproved governmental action . . . denying rights and privileges solely because of a citizen’s association with an unpopular organization.†– Healy v. James, 408 U.S. 169, 185-86 (1972).
The decision by the Waco Grand Jury comes as no surprise to many considering the obviously over-broad arrests, excessive bail, and unsuccessful challenges to probable cause during examining trials. And it will not be a surprise if the Grand Jury hands down indictments on the remaining individuals whose cases have not been presented for indictment.
It seems obvious to most that an overly-broad indictment affords the prosecution the ability to offer plea agreements to individuals that committed no actual crime. This achieves two goals of the prosecution. First, plea deals shield future lawsuits over due process and issues like probable cause. Second, mass indictments increase the probability that pressure will result in individuals providing witness testimony to help convict others.
For example, Alex Hernandez who writes the mcatty.com blog states:
“From here, as I have mentioned many times before, the game of law begins. With the indictments returned for engaging in organized crime with underlying offenses of murder and assault, this is no different than buying a car. Start high and work your way down. Think about it: you are facing organized crime charges, your attorney is asking you for money you do not have, and there is a good chance you will spend the rest of your life in prison if you lose at trial. As plea negotiations take place and 90% of cases are worked out with a plea, the State Attorney’s Office makes you an offer for a lesser offense. Maybe credit for time served or extended probation. What do you do? Chances are you take the plea and try somehow, to move on with your life. Of course, once you take the plea, there goes the civil rights violation lawsuit and the city of Waco lives to see another day.â€
As much of the motorcycling community across America watches events in Waco unfold, we can only hope that the criminal justice system in Waco begins to recognize the existence of the 1st Amendment to the US Constitution and that innocent individuals are able to persevere and preserve their ability to seek civil lawsuits for the obviously unconstitutional actions of law enforcement in Waco.
Tags: 1st Amendment, Bikers, Club, clubs, Colors, Confederation of Clubs, constitution, first amendment, Freedom, Gang, Law Enforcement, Motorcycle, Motorcycle Club, Motorcycle Gang, motorcycle gangs, Profiling, Rights, Waco, waco grand jury
Any of the bikers who accepts a plea deal would be foolish IMHO.
People tend to make rational decisions that work best for them. They are not willing to sign up to carry the flag on a forlorn hope in the interests of justice for all. If you are interested in that, read Shakespeare. These people are between a rock and a hard place and they don't have some deep pockets guy behind the scene who will underwrite the fight against the city and county. If they were liberals, any number of liberal organizations would be providing lawyers pro bono or supporting a legal defense fund. Don't expect that to happen here, but it's possible if someone organizes a crowdfunding effort. I think that the prosecutor, the city, and the county are going to take a beating in court, but the defendants will not individually benefit.
This case is not about the bikers anymore. It’s about the Waco police trying to cover up whatever the heck it is they’re so intent on keeping secret.
My own suspicion is that the people who were shot and killed all died from police gunfire. I say that because if the truth were different then the police would be bragging about their actions all over the media.
Because police only keep secrets when they’ve done something wrong.
For me, it's been about failure to establish individualized probable cause, setting of excessive bail ("to send a message") and a full voiced propaganda campaign from Waco PD and DA Abelino Reyna, carried out before the accused could even get their bearings.
The slow walking of the process coupled with the gag order increases suspicions.
And they can't indict even one for assault, attempted murder or murder???? Give me a break!
Look up Vic Feazell in the 1980s. (I was a good friend of the ADA at the time and knew the facts.) The entire system in Waco has been corrupt for years. Feazell refused to play along with the crooked cops and lawyers and was put through hell. He was a strong Christian and fought to the end. He was acquitted of bogus charges they tried to use to get him to see things their way.
Channel 8 in Dallas had slandered and libeled him based on bogus information fed to them by the “machine”. They paid Vic millions in the end.
Guess ya’ll wouldn’t want me on that jury cause as far as I’m concerned just belonging to a 1 percenter club should qualify you for execution.
“Any of the bikers who accepts a plea deal would be foolish IMHO.”
Completely agree. Stand strong then sue the chit out of them for wrongful arrest, imprisonment, and tarnishing their good names.
Make the city, state, and feds pay hundreds of millions to every single one of those arrested except for anyone proven to have maliciously killed someone not in self defense.
My hope is all those arrested are one day very very rich due to this farce. Like JP Petersen said; send a message. I wonder if he will appreciate the message when it’s directed at him.
Do you really HAVE TO BE an a@@hole? You’re not the slightest bit funny.
Judges have absolute immunity for all action from the bench. Professional courtesy shared among them.
You don’t always need a high dollar attorney.
My wife had a traffic ticket for stopping on the line at a red light. To deliver the ticket, the police officer in a dark jacket covering most of his identifying information, marched into the middle lane at a red light from slightly behind the vehicle (in her blind spot), banged on the window (startling my wife) and proceeded to write her the ticket even after the light turned green and traffic was passing her on both sides. The infraction was “running the red light”... for stopping on the line.
We were not happy about the situation, so we hired an attorney. At trial, the attorney basically told us that we had no hope. The officer always showed up to court and they never beat him on technicalities. Within earshot of the DA, I told the attorney... winning the case wasn’t even our objective. Our objective was to get the officer on the stand and ask him the specifics about how he wrote the ticket to have him on record for our complaint we planned to file with the police department.
Mysteriously, our case never came up and at the end of the courtroom session, we were informed that our case was dismissed. The officer may have been willing to testify, the attorney was willing to fold, but the DA knew that winning the trial was going to be more trouble than it was worth.
With 106 people, there are a lot of cases that Waco can’t let go to trial. It becomes a game of chicken. Unfortunately, it is much easier to play chicken over a traffic ticket than what these bikers face.
Good way to handle it!
What are you doing here on FR?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.