Posted on 05/19/2017 5:38:17 PM PDT by Elderberry
Saying it is time to get the ball rolling on what seems like a perpetual stream of criminal and civil cases arising from the Twin Peaks shootout, a judge set a Sept. 11 trial date Friday for what could be the first of the 155 indicted bikers to go to trial.
Over objections from the McLennan County District Attorney's Office, 19th State District Judge Ralph Strother set the trial date at the urging of an attorney for Christopher Jacob Carrizal, a Bandido from Dallas.
"I wish it had been sooner, July or mid-summer. But I appreciate the judge's diligence. I think September is fair," said Carrizal's attorney, Casie Gotro, of Houston, after a contentious hearing in which Strother scolded Gotro and prosecutor Michael Jarrett for their constant bickering.
When asked about the sniping among the attorneys, Gotro said, "Generally speaking, when district attorneys act that way, they have proof problems with their case."
Jarrett argued that legal and ethical boundaries prevent the DA's office from taking a biker to trial in McLennan County until federal authorities in San Antonio are finished trying national leaders of the Bandidos in a murder conspiracy case there.
That trial recently was postponed from August to Feb. 5, and there is speculation it might be postponed again.
McLennan County District Attorney Abel Reyna informed the court in March that he received a letter from U.S. Attorney Richard Durbin telling him that federal authorities prosecuting the Bandidos in San Antonio have information that relates to Twin Peaks cases but said they will not share it with McLennan County prosecutors until after the federal trial.
That development has already delayed the trials of a few bikers in Waco, but Gotro said Friday she had spoken with the lead prosecutor in San Antonio, who assured her there is no evidence in their possession that is favorable to Carrizal.
Therefore, Gotro argued, there is no reason to delay Carrizal's trial, although she declined to waive any of his rights to appeal if information from the San Antonio prosecution ends up being relevant and favorable to Carrizal's case.
Jarrett told Strother that under the Michael Morton Act, prosecutors are bound to wait to view the federal evidence and share it with defense attorneys now that Durbin has notified Reyna's office that they have evidence that relates to the Twin Peaks cases.
The Michael Morton Act requires prosecutors to reveal all evidence, especially favorable evidence, to defendants' attorneys.
Jarrett said that's why "150 lawyers aren't knocking down the door" to go to trial, because they get it.
Reyna made it clear to Strother at a previous hearing that his office wants to try Jacob Carrizal first. However, Jarrett, Reyna's first assistant, continued to argue that the Twin Peaks cases must be postponed until his office is allowed to see the evidence in possession of federal prosecutors.
Going to trial before it can be reviewed creates a legally precarious position in which Twin Peaks defendants can appeal, if they are convicted, on the grounds of ineffective assistance of counsel, actual innocence or newly discovered evidence, depending on what the evidence shows, Jarrett said.
Gotro told Strother that in her conversations with federal authorities in San Antonio, she asked if they had any information about Carrizal. Much of the evidence against the Bandidos was obtained through wire intercepts, Gotro said. When the investigation is done, defendants either get indicted or they receive a letter from the government that says they were the target of wire surveillance, she said. Carrizal was not indicted in San Antonio and did not receive such a letter, Gotro said.
Also, she asked for a list of all Department of Public Safety troopers and agents and Texas Rangers who were listed as case agents in the Bandidos investigation, Gotro said. She compared that list to officers listed in the Twin Peaks investigation, and there was no overlap, she told the judge.
"Based on those things, I don't think they have any evidence related to Jake Carrizal in San Antonio," Gotro said.
As the hearing continued, tension between Jarrett and Gotro increased. Repeating a scene from an April hearing, Jarrett asked that Gotro not put her hand in his face during her arguments. The judge asked if he needed to separate the two, prompting Gotro to walk around her client and stand next to her co-counsel, Thomas Lane, on the far end of the counsel table to distance herself from Jarrett.
The arguments grew more vociferous, and Strother cautioned, "This is not a kindergarten playground. Everybody back off."
Later into the hour-long hearing, as the bickering continued, the judge said, "Everybody sit down and take a deep breath. I'm doing the same thing."
After Strother decided to set the trial date, he asked the parties to "talk to each other in a civilized manner" to try to resolve other pretrial issues.
Jarrett responded that in every email response he has gotten from Gotro, "she has been smarmy and unprofessional."
"Oh, I only got smarmy in the last week," Gotro countered.
"That's hard to believe," Reyna said.
"Did you say something, Mr. Reyna?" Gotro asked.
"You heard me," Reyna said.
By Friday afternoon, news of Carrizal's trial date had spread to other lawyers representing Twin Peaks defendants. Attorney Millie Thompson, of Austin, thought her client, Thomas Paul Landers, was set for trial in Strother's court in July. She, too, had urged a speedy trial in Landers' case.
However, a court coordinator told her Friday afternoon that Strother had passed over Landers' case and that Carrizal would be tried first.
Thompson said she will come to Waco on Monday to file a new motion for speedy trial and ask for a hearing date.
The Beat goes on and on and on, getting crazy again out there. Thanks again for the update, now waiting for the crazies.
I’m not one of the crazies. But I’ve been watching this circus from the beginning. In total disbelief.
2 years? Headshake.
Maybe we need a Constitutional Amendment Guaranteeing Citizens the right to a Public and Speedy Trial by a Jury of their peers.??
Stick around they will arrive LOL
Stick around they will arrive LOL
Guess I could be termed one of them. Sorry laying down typing, enjoying Free Republic up and running
Yes, I’ve seen them many times. However, the past week has shown a little sobering on the part of the prosecution.
I think they know the delay time is about over. The September 1 date is probably as far as the Judge will allow this to be swept under the rug.
This will end badly for the prosecution, Waco, State of Texas, Feds if exposed. They new from the beginning that most of the bad players were dead. And that a lot of innocent people were jailed and ruined. Payback will be expensive.
OH I hope so
Another change?
Sessions is AG. I don’t think he will tolerate this much longer. Fed’s involvement was real at some level, in spite of the nonsense denials of some who were here 2 years ago.
Feds had to play with their data mining tools for criminal investigation. Don’t think this was textbook example.
“Sessions is AG. I don’t think he will tolerate this much longer. “
You are right!
“I have a message for the gangs that target our young people,” he said. “We are targeting you. We are coming after you.”
Not exactly what I thought as I stated what I did.
I have no issue with what you suggested, but also am still very troubled about the process in Waco with Twin Peaks shootings and aftermath.
It’s been 2 years and not a single case has been tried. There are a lot of good people caught in this operation that have had their lives destroyed.
Most of the bad guys are dead.
Are there more criminals in group? Probably.
Are there a lot more innocent people in the remaining group? Probably.
“There are a lot of good people caught in this operation that have had their lives destroyed.”
The only good people that have had their lives ‘destroyed’ are the children of the pedophile gangsters.
I never mentioned pedofiles. The article was about the Twin Peaks shootings. (Judge sets September trial date in Twin Peaks case)
No sane person makes excuses for pedofiles.
But issue with the Twin Peaks shooting and aftermath is about insane legal process.
“I never mentioned pedofiles. The article was about the Twin Peaks shootings. (Judge sets September trial date in Twin Peaks case) No sane person makes excuses for pedofiles. But issue with the Twin Peaks shooting and aftermath is about insane legal process.”
The issue IS about a bunch of pedophile gangsters having a gunfight on a Sunday at a family plaza.
“I never mentioned pedofiles”
I would never expect you to.
What is that meant to say? An implied insult.
“What is that meant to say? An implied insult.”
Go back to your earlier post and see how it portrays a lot of pedophile gangsters as good people.
“What is that meant to say? An implied insult.”
I am clear where I stand when it comes to pedophile gangsters. I don’t refer to them as ‘good’ or ‘innocent’.
Don't count on that. Strother has been part of the problem from day one.
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