Posted on 03/30/2017 4:38:52 PM PDT by Elderberry
As recently as this morning it seemed impossible, but the Twin Peaks legal fiasco got even more ridiculous this afternoon.
McLennan County, Texas District Attorney Abelino Reyna, who is gratuitously prosecuting 192 people who were at the Twin Peaks restaurant in Waco on May 17, 2015, filed a ridiculous “disclosure” in the 19th Judicial District today, “in the spirit of Brady, the Texas Code of Criminal Procedure 39.14 (the Michael Morton Act), our ethical obligations under Texas Disciplinary Rules of Professional Conduct, and our duty to ‘see that justice is done.’ The document is titled “State’s Disclosure of the Existence of Federal Evidence Not in its Possession or Control.”
Disclose This
The disclosure begins: “On March 28, 2017, the McLennan County Criminal District Attorney’s Office received a letter from the United States Attorney for the Western District of Texas, Richard L. Durbin, Jr. This letter provides the broad outlines of an investigation into the Bandidos Outlaw Motorcycle Club, United States v. John Portillo, et al., Cause No. SA-15-CR-820 (see attached). In the letter, Mr. Durbin declines to share any information or evidence relating to that investigation at this time. Mr. Durbin has indicated that the information will be disclosed to the McLennan County Criminal District Attorney’s Office once the trial is complete.
“Although no specific disclosures were made, Mr. Durbin acknowledges that the federal investigation has information which relates to the events at Twin Peaks in Waco, Texas on May 17, 2015. Although the federal investigation was underway when that incident occurred, neither the fact of the investigation nor any information pertaining to the investigation were shared with this office.”
The “disclosure” continues:
“Despite repeated efforts to obtain this information, our office has no specific knowledge of the contents of the federal investigation. The information is subject to a protective order and not in our control, preventing our actual or imputed knowledge of the specific information. Tex. Rules Prof. Conduct 3.09; Rubalcado v. State, 424 S.W.3d 460 (Tex. Crim. App. 2014). The federal investigation has been ndependent of this prosecution, and no collaboration between the offices has occurred. This information may be exculpatory, mitigating, or impeachment evidence as contemplated by Brady v. Maryland, 373 U.S. 83 (1963).”
Tarradiddle
Reyna has been lip synching the same song for more than a year and a half. The disclosure is tarradiddle. The Waco bloodbath was the result of a federal investigation into the Bandidos Motorcycle Club. That was where Patrick Swanton got his “intelligence.” And anybody who has ever looked at multiple federal investigations of motorcycle clubs knows they all employ the same game plan. Federal investigators or deputies drawn from state and local police forces infiltrate and try to ingratiate themselves to the target club. The infiltrators act as agents provocateur, buying guns and drugs at well above market price, asking to store cigarettes in a club brother’s garage, offering large sums to out-of-work men for a few hours of “security” and encouraging violence.
Waco has always been reminiscent of the murder of a Mongol named Manual Vincent “Hitman” Martin on the Glendale Freeway in the middle of the night in 2008. Undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives had foreknowledge – if they did not kill him themselves – that Martin was going to be murdered. The undercover agents, whose names were Gregory Giaoni, Paul D’Angelo and Darrin Kozlowski, not only allowed the murder to occur but they incited it by picking on the wrong, bad dude in a bar. The next day Kozlowski used the murder as an opportunity to try to incite Mongols leaders to go to war. Something like that self-evidently happened at the Twin Peaks.
What’s Really Just Happened
Reyna has just plausibly denied that he ever knew anything about the federal Bandidos investigation, or its connection to the Twin Peaks. He did not arrest 177 people on the spot because he wanted to shut up all the witnesses to the brawl until the migrating press moved on. He arrested them all because it was his “duty.” Now he and his duty are hiding behind the federal case. And why, exactly 14 months after the Bandidos indictment was unsealed, should anything about the investigation that preceded it remain secret?
But what happened today is not merely about Reyna covering himself. Today’s “disclosure” was strategic. Reyna’s proclamation that there is evidence that might prove the people he has been persecuting for the last two years are innocent is almost as offensive as his statement that he made today’s filing because he is duty bound to “see that justice is done.” Everything Reyna says sticks to your boots and stinks.
What Reyna has been doing for the last two years – beside stalling – is trying to find a case he can win, with a poisoned jury, in Waco. Earlier this month there were five, scheduled Twin Peaks trials. Who Reyna really wanted to try, according to multiple sources, was a Bandido named Jake Carrizal. Reyna thought he could get a Waco jury to believe that Carrizal started the whole mess by running over a Cossack prospect’s foot. That did not happen but the accusations against the 192 defendants in the case have never had anything to do with consensual reality. It is at least possible that Reyna would have tried to convince a jury of his homeboys that Carrizal, not the Texas Rangers, erected the polecam just outside the Twin Peaks patio where the fight started. The way these things usually go, Reyna would have accused Carrizal of putting up the polecam because he wanted a “trophy video.”
But that’s not going to happen now. Carrizal’s trial was continued last Friday and it will be continued again because Reyna just learned yesterday that the feds might be holding evidence pertinent to all the Twin Peaks cases. Just yesterday.
Just Yesterday
So it is now Reyna’s “duty” to make sure nobody goes to trial until all the evidence can be disclosed. And that can’t happen until after the trials of former Bandidos President Jeff Pike and former Bandidos Vice-President John Portillo, and four more defendants who were just appended to the Bandidos indictment, are complete.
There have been three indictments in the Bandidos RICO case so far. Who can guess how many superseding indictments there will be this year? Next year? The year after that? And all of them so secret that no one who is a mere citizen is allowed to know anything more about the Bandidos case than the accusations.
Undoubtedly, some defense attorneys in the Waco case will want to take their clients to trial before the federal case finds its putative conclusion. But Reyna, and the feds, will never allow that to happen. Reyna has his “duty” you know.
I’m sorry but you know or should know your statement is totally false. The Grand Jury, citizens, not the DA, returned felony indictments against all these “fine citizens” that are awaiting trial.
Yes, I know it’s all a Communist plot and they are all total innocent, etc.... They were at the brestaurant only because they were lost on the way home from church.
And yes they are all innocent. Just ask them... or anyone else in prison.
Loll
Exculpatory evidence? Do you mean like the autopsy reports?
You must have been addressing that to the article itself.
If you can't see how this latest development could be further leveraged by Renya to seek yet more delays, perhaps you're not paying close attention. It seems painfully obvious to me that Renya is also hoping to induce defense attorneys to seek delays (you mentioned that) hoping to get away with doing that while attempting to indemnify himself and his prosecutorial office from charges of malfeasance (possibly also protect himself personally from charge of having denied 6th Amendment constitutional rights be afforded to defendants -- if he can get defense attorneys to take the bait!) and in hope of protecting any convictions he may eventually be able to win from potential grounds for appeal (this last, as you suggested, of course).
If you still can't see that Renya having just now pulled this at this late date is cynical manipulation of laws pertaining to discovery process, if you can't see this is more significant than the way you have presented apologia for that process, I suggest that could be due to how you having already --in your own mind-- convicted all ham sandwiches (all the indicted) of all being guilty of criminal conspiracy.
That is how they were charged, that and charged with murder (under charges of conspiracy)-- which could lead to life sentences for those convicted.
Where is the evidence establishing there was conspiracy?
In one of the preliminary hearings, a defense attorney, in court, asked a Waco PD officer if there was any evidence that individuals went to Waco that day having agreed upon committing crime. The answer was "no".
At that point, before it even got to the let's indict these ham sandwiches stage, if there was truly justice within our justice system -- the cases should have been thrown out until prosecution could come up with evidence for "conspiracy".
As alternative to pressing charges of conspiracy, McClennan County could have filed more specific charges along lines of "this guy criminally assaulted this other person" (or ANY "crime", for that matter) sans charges of criminal conspiracy, returning to refile charge of conspiracy at some later date against any individuals they may possibly have evidence for having engaged in that very thing.
What happened, instead? Along with those individuals who are likely to have been guilty of committing violent acts (some acts, such as self-protection potentially not unlawful) where persons quite possibly not directly involved in commission of unlawful acts at all, yet who were still jailed and held, held originally under million dollar bail amounts under charges of having engaged in criminal conspiracy - of which Law Enforcement admitted they had no evidence for (at that stage, anyway).
Were you OK with the process up to that point ---Yes, or No?
I raise the points that I have, and ask what I have in order to show the fatal flaw in your having turned towards arguing that grand jury indictments themselves provide justification for your own arguments, in face of challenges to those arguments. The initial indictments still have this initially ADMITTED TO lack of evidence aspect, looming over them.
I seriously doubt that if evidence can be found for some number ---actually went to Waco that day intent upon committing crime -- there was 'agreement' that would extend to all who were present. Being present there, on the day of the scheduled meeting, is not enough.
' Under the Texas criminal conspiracy codes ---- each person charged had to be aware there would was intent to commit some crime. See Texas Penal Code Sec. 15.02 (a).
The charges break down whenever turning to say "but crimes did occur" and "they are all guilty because they fit definition of being member of 'a gang' " in instances where there was no previously agreed upon plan (to commit crime at that particular time and place) or possibly even as furtherance of some prior pattern of "crime". It is that very last thing I mentioned (some prior pattern) --- being merely alluded towards by Renya that apparently is what he's betting most all his own marbles on.
Guilt by mere association alone -- IS NOT THE WAY the criminal code reads.
How in the hell could anyone defend themselves against the way Renya appears to be trying to apply the laws? He keeps stalling, too.
So-- answer the question. Were you all good with the process prior to it this being sent to grand jury proceedings? Another question could be; do you recall how it worked out, mathematically speaking, how much time was spent by the grand jury in their deliberations per defendant?
Your having said this;
rankles.
Just between ourselves here on this forum, let's get that out of the way. I'm not an attorney, but the other fellow you are talking to, I do believe just may be.
I see no problem with what he said in reply #19.
Pointing to grand jury indictment as defense against contemplating what CBolt had said there makes you look like a jackass.
Care to try again? Read what the man wrote. See if anything, as you go along -- is wrong with it. No more of the hand-waving b.s'ing like you just tried to get away with. Or maybe, just shut up. Mmm'kay?
PFL
No, it’s a very simple legal issue that in some FReeper’s hate for government and LEOs, they either refuse or do not see.
1: P is required to disclose to D any possible exculpatory information. They did. It’s that simple.
2: Because one police officer had no evidence, you assume no one did?
3: The crime for which the conspiracy existed did not have to be murder. As you say, SOME crime is sufficient. It was well known within these gangs that gang and individual incomes came from drug dealing. If the murders occurred during the commission of that or other felony, then all participants in the underlying crime can be charged with murder. Evidence obtained at the scene of the killings can be introduced to substantiate this.
At trial, the State will have it’s opportunity to try to prove the conspiracy existed. The Defense will have their opportunity to try to refute those charges,
4: Suggest you review Texas law dealing with identifications of “gangs” as being, by definition, involved in a criminal conspiracy.
Finally, one of the problems here is that some crimes occurred. People were shot. The State has the right and in fact, the obligation, to try to prove in court those charges it thinks it can prove. All the personal attacks on the DA are very illustrative that some have a hate of government and LEOs to the point they are willing to attack his motives, as opposed to considering that the people and laws of Waco do not tolerate such action as happened there that day.
By the way, “Tomorrow’s Headlines Today” The cases will be very simple to prove at trial, as some of those indicted will roll over and testify against others. That combined with the physical evidence, and 12 angry Texans, and one L and O judge, will send at least some of the perps to Huntsville for a very long time.
Old legal saw: If you can’t do the time, don’t do the crime. Shooting people is generally considered a crime.
Also, a recommendation; when making a legal argument, remove all the hyperbole adjectives and adverbs. They scream to any experienced reader, “I’m using them because that’s all I’ve got.
Regards.
Amazing how many support murdering, drug dealing pimps.
If the D thinks they are in their favor, they will introduce them at trial. Legal arguments that matter are made at trial, not on the internet.
This is all really a very simple case. The DA and people of McClennan County are very pizzed that these “outsider trouble makers” shot up Waco, and are, within the law, seeking to prosecute this case to the fullest extent of the law (”throw the book at them”.) They may or may not succeed. The trial will determine that.
Like it or not, I’ll bet there aren’t any biker gangs stopping for any conclaves, or any reason whatsoever, in McClennan County these days.
Thanks for asking:
Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back. Head: Medium Caliber NOT from police .223; Back: Medium Caliber NOT from police .223
Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.
Back: Medium Caliber NOT from police .223; Abdomen: Not Determined
Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back. Head: Medium Caliber NOT from police .223; Trunk: Undertermined
Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head. Head: Medium Caliber NOT from police .223
Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks. Knee: Medium Caliber NOT from police .223; Buttocks: Small Caliber .223 or .22
Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head. Trunk: Small Caliber .223 or .22
Daniel Raymond Boyett, 44, Waco, shot two times in the head. Head: Medium Caliber NOT from police .223; Abdomen: Medium Caliber NOT from police .223; Head: Undetermined
Charles Wayne Russell, 46, Tyler, shot once in the chest. Chest: Small Caliber .223 or .22
Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.Neck: Undertermined; Abdomen: Undetermined
Spaz. Arm: Not Available ... yet!
“Like it or not, I’ll bet there aren’t any biker gangs stopping for any conclaves, or any reason whatsoever, in McClennan County these days.”
The suspects had to get court permission to go to the local Harley shop ...
“I see no problem with what he said in reply #19.”
You have no problem with this? Everyone has specified charges against them.
“and in most of these Waco Twin Peaks cases, the prosecutor has not specified the charge,”
As an example of how far the murder charges could apply....
A, B and C drive to a drug deal. D knows about it and lends them his car to drive to the deal.
A and B get out of the car and start to do the deal with X, Y and Z. C never gets within 50 yards, never handles drugs, money or a gun. He is just the driver.
The deal goes bad and B shoots X. X dies. A, B, C and D can all be charged with murder, although the case against D is harder to prove, because State must prove what he “knew” in addition to what he “did.”
The State’s case against some of the Waco Defs will be tough to prove, but if there was no prosecuteable case, many Def’s would have already been successful at the Appeal level in getting charges dismissed.
The bottom line is, separate Defs into 3 groups. 1: The “Deep Do0-Doo Defendants,” shooters, etc. 2: The ACTIVE conspirators and 3: those foolishly caught up because of the associations with a “gang” as defined under Texas law.
Lawyers for group 3 won’t have too much to deal with in order to roll over and testify. But group 2? They have some power. Trust me on this, their lawyers are already in a “race to the courthouse” to see who can get the first/best deal for their clients... and lawyers from group 1 know it. That is why they are conducting such a PR campaign against the DA, plus TV news time helps them get more clients for the next crime.
Old Texas saying: “Don’t mess with Texas”
Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back.
Head: Medium Caliber NOT from police .223, Maybe from police 300AAC Blackout
Back: Medium Caliber, Labeled 15 over 8023 over SMH NOT from police .223, Maybe from police 300AAC Blackout
Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.
Back: Medium Caliber NOT from police .223, Maybe from police 300AAC Blackout
Abdomen: .25 Exit, Maybe from police .223
Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back.
Head: Medium Caliber,Labeled 15-8021 over CS NOT from police .223, Maybe from police 300AAC Blackout
Trunk: .25 entrance, Maybe from police .223
Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head.
Head: Medium Caliber NOT from police .223, Maybe from police 300AAC Blackout
Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks.
Head: Unknown Labeled T-P over 8016 over 15, Maybe from police .223
Knee: Medium Caliber Labeled 15 over 8016 over T-P NOT from police .223 Maybe from police 300AAC Blackout
Buttocks: Small Caliber .223 or .22, Maybe from police .223
Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head.
Head: Small Caliber .223 or .22, Maybe from police .223
Daniel Raymond Boyett, 44, Waco, shot two times in the head and once in the abdomen.
Head#1: .25 entrance. , Maybe from police .223
Head#2: .25 entrance. , Maybe from police .223
Abdomen: Medium Caliber NOT from police .223 Maybe from police 300AAC Blackout
Charles Wayne Russell, 46, Tyler, shot once in the chest.
Chest: Small Caliber .223 or .22, Maybe from police .223
Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.
Neck: .25 entrance; Maybe from police .223
Abdomen: 1.0 entrance
Spaz. Arm: Not Available ... yet!
“Maybe Maybe Maybe Maybe Maybe Maybe Maybe Maybe Maybe Maybe”
Maybe, you could please stick with the facts...
Absolutely, the LEO’s shot all of them with guns they did not have at the brestaurant.
If only those bikers had stayed after first service at First Baptist for Sunday School, the cops would never had shot them.
There is also possible evidence that the 2d Assistant Pastor at First Baptist was also the police chaplain and radioed the LEOs on the scene to shoot them because they only left one dollar bills in the collection plate!
(Let’s see how long it takes for this BS to be accepted as fact by the hate the government and all LEOs crowd)
Facts?
Him?
You have got to be kidding!
:)
Can you “hep” me here?
Somehow, despite trying very hard, I just can’t see any Banditos or Cossacks at Alter Call....
But after a decent Scotch tonight... I’ll keep trying.
:)
FRegards.
No fewer facts than you are showing, possibly more.
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