Live tweets from 1st Twin Peaks shootout trial

WacoTrib ^ | 10/11/2017

[Elderberry]

Tribune-Herald staff writer Tommy Witherspoon is live-tweeting from inside the courtroom in the trial of Jacob Carrizal, the first biker to be prosecuted for his alleged role in the May 17, 2015, Twin Peaks shootout.

Jury selection is underway, and opening statements are expected to be given this afternoon.

Nine people were killed and dozens injured in the melee between rival biker groups the Bandidos and Cossacks.

The judge and attorneys are talking to prospective jurors individually now. These are the ones who asked not to speak publicly about issues.

The judge is talking to the parties in chambers. They might begin calling in potential jurors who didn't want to talk about issues in public

Her last question: "Will each of you promise to give Jake Carrizal the fair trial he deserves and has been waiting so long to get?"

Gotro is asking each of the 145 or so on the panel if they will follow the law.

Gotro said a jury is allowed to disregard evidence if it finds the evidence was illegally obtained.

Gotro is asking the panel about items searched and seized without probable cause.

The gun discussion is ongoing. Gotro has really got the panel talking now, with comments on all sides of the issue.

Many say there are too many guns but they aren't comfortable with the government seizing guns from lawful owners.

Now she's got the panel in a 2nd Amendment discussion, asking if there are too many guns and if they fear the government will take them.

Gotro is saying that "technicalities" that people often chide defense attorneys for exploiting are actually important constitutional rights.

Gotro asked why someone would lie to a police officer.

Gotro is talking about the unreliability of eyewitness testimony and reasons why it can be flawed. One juror said Twin Peaks served alcohol.

Gotro is warning jurors against what she called confirmation bias, having formed an opinion and only listening to evidence that supports it.

She is asking if witnesses, including police officers, always tell the truth. One juror said it is unlikely a police officer would lie

Gotro is picking up her voir dire where she left off Tuesday evening. She is asking why defendants might not take the stand.

The parties have agreed to proceed without the missing juror, but the judge ordered deputies to continue looking for him to execute the writ

The judge told the panel that we can't proceed at this time and recessed the proceedings actually before they started.

The judge issued a writ of attachment for a no-show juror and the judge is recessing the panel until he is located.

Stay tuned. There is never a dull moment around here and you never know what is going to happen next. But you can bet it won't be ordinary.

The jury panel is coming in now and defense attorney Casie Gotro will continue her voir dire examination of the panel.

[TexasGator]

As my post detail, you have it totally basackward.

But I also remember you saying you would never post to me again yet you butt in just to make a bass of yourself.

[Elderberry]

The jury has been deliberating two hours this morning with no contact with the court. That's about 11 hours total. 11:05 AM - 10 Nov 2017

Just as I say that, we have a note from the jury. Stand by. 11:08 AM - 10 Nov 2017

The judge is waiting for the parties to return to court. 11:13 AM - 10 Nov 2017

[BlueDragon]

Read from bottom up for proper flow -- times noted out-of synch due to copy/past, recheck feed, copy/paste additional tweets and editing delays on my part;

Tommy Witherspoon‏ @TSpoonFeed 3 minutes ago The lawyers are still conferring with the judge in his chambers. Tommy Witherspoon‏ @TSpoonFeed 6m6 minutes ago; The judge is waiting for the parties to return to court.

Tommy Witherspoon‏ @TSpoonFeed 5m5 minutes ago
Just as I say that, we have a note from the jury. Stand by.

8m8 minutes ago
The jury has been deliberating two hours this morning with no contact with the court. That's about 11 hours total.

1h1 hour ago
But we will have to wait and see.

1h1 hour ago
If after that the jury remains deadlocked, the judge likely will declare a mistrial.

1h1 hour ago
Have wasted everyone's time here and another jury will have to be brought in to do the job.

1h1 hour ago
An Allen charge basically says they have heard all the evidence that another jury would hear and if they don't agree, they will essentially

1h1 hour ago
If the jury says it's deadlocked again, the judge will call them in and read what is known as an Allen charge and ask them to continue.

1h1 hour ago
The jury stayed last night at the Hilton Garden Inn and were brought kolaches for breakfast when they got to the jury room.

1h1 hour ago
Jurors are instructed to tell jurors who violate the court's instructions to stop and to report it to the court if they persist.

2h2 hours ago
The judge instructed jurors no to share personal experiences with other jurors and to not let bias or prejudice enter into their verdict.

2h2 hours ago
There is no provision for replacing a juror in Texas unless one becomes disabled.

2h2 hours ago
Sources said the juror disclosed his ties to the motorcycle shop on a questionnaire potential jurors filled out in early October.

2h2 hours ago
Jurors' identities are confidential and the Tribune-Herald will not identify him without the juror's permission.

2h2 hours ago
At least one member of the jury has close ties to a McLennan County motorcycle shop and his last name starts with a P.

2h2 hours ago
So we are back today in a darkened courthouse closed today for Veterans Day holiday.

2h2 hours ago
One note from the foreman said a Mr. P on the jury had experiences with Cossacks and he was not going to change his mind.

2h2 hours ago
The jury deliberated about nine hours Thursday before they told the judge they needed to sleep on it.

2h2 hours ago
Jurors told Judge Matt Johnson that they were deadlocked on all three counts, but the judge told them to keep deliberating.

2h2 hours ago
The jury was sequestered last night, the first time a jury has been sequestered in McLennan County in at least four decades.

[Elderberry]

The lawyers are still conferring with the judge in his chambers. 11:22 AM - 10 Nov 2017

Casie Gotro, Carrizal's attorney, and Carrizal just left the courtroom. No announcements have been made by the judge. 11:26 AM - 10 Nov 2017

[Elderberry]

Still waiting for Gotro and Carrizal to return to court. 11:34 AM - 10 Nov 2017

The jury said they have come to a conclusion on one count but not the other two. The judge is telling the jury to continue. Gotro objects. 11:41 AM - 10 Nov 2017

[Elderberry]

She said because of the late disclosures to the defense, she feels another jury would hear different evidence than this jury heard.
11:42 AM - 10 Nov 2017

[Elderberry]

Judge overrules her objection and sends Allen charge back to jury.
11:43 AM - 10 Nov 2017

[Elderberry]

Allen Charge

http://www3.ce9.uscourts.gov/jury-instructions/node/395

Members of the jury, you have advised that you have been unable to agree upon a verdict in this case. I have decided to suggest a few thoughts to you.

As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience. Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. During your deliberations, you should not hesitate to reexamine your own views and change your opinion if you become persuaded that it is wrong. However, you should not change an honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict.

All of you are equally honest and conscientious jurors who have heard the same evidence. All of you share an equal desire to arrive at a verdict. Each of you should ask yourself whether you should question the correctness of your present position.

I remind you that in your deliberations you are to consider the instructions I have given you as a whole. You should not single out any part of any instruction, including this one, and ignore others. They are all equally important.

You may now retire and continue your deliberations.

[Elderberry]

The note from the jury said that some jurors are willing to wait a month and are not willing to consider a review of the evidence. 11:50 AM - 10 Nov 2017

It said jurors are worried about financial repercussions if they go on much longer. 11:52 AM - 10 Nov 2017

Gotro objected to the Allen charge being given, but she did not request a mistrial. 11:53 AM - 10 Nov 2017

[BlueDragon]

At risk of some duplication in the below of what you've posted:

I'm getting impression (from Witherspoon and other sources) that "P" may be a hold out against acquittal, instead of conviction, though I could be wrong...and see fresh tweets that the jury has decided on one count...and the judge has sent them back for more deliberation over Gotro's objections which appear to me to be seeking mistrial (rather than risk that the hold-out is against acquittal rather than against conviction).

If "P" who has had contact with Cossacks, and according to Witherspoon's tweet" was holding out against conviction of the Bandido Carrizal, does the man not know that acquittal for Carrizal (which could be fitting, not because the man is necessarily innocent of all, but because he appears may not be *exactly* enough guilty as charged) would not be the same as betrayal of Cossacks, and could serve to help Cossack defendants in the future as much as possibly harm some number of those? Judgement should be neutral.

Next up after Carrizal should be Clendennen, or one of about three others who have filed demand for speedy trial -- provided the attorneys assigned to prosecute Clendennen decide attempt win conviction against that particular defendant and those others, in the first place. In which case, if they do not, they should formally drop the charges. No more "Book of Waco" as the book of procedure to follow, please.

I doubt we'd see Rayna rushing to bring somebody else to trial real fast-like whichever way this one (Carrizal) goes. If he tried, there would be a howling heard that would echo maybe all the way to DC and the Supreme.

---

Two more;

Tommy Witherspoon‏ @TSpoonFeed 36s36 seconds ago
The note from the jury said that some jurors are willing to wait a month and are not willing to consider a review of the evidence.

8m8 minutes ago
Judge overrules her objection and sends Allen charge back to jury.

[BlueDragon]

That right there -- those three.

Does that speak to how a defendant could be possibly be wrongfully convicted --- or what???

Jurors under their own financial pressures pitted against some number (maybe even only one) holdout (either for, or against conviction) and either of those pitted also against some number of jurors who signal they are willing to work at it for a whole month if that's what it takes.

That "whole month" type of claim, I think I've seen before. Most of the time it only lasts a few hours, but can stretch for a while longer.

The Clash

[Elderberry]

12 Angry Jurors

[BlueDragon]

She said because of the late disclosures to the
defense, she feels another jury would hear different
evidence than this jury heard.
11:42 AM - 10 Nov 2017

At first blush this seemed to signal that Gotro had opposite impression than I of which way the jury may have been in majority.

On second thought, I see the part about "different evidence" was included hedging bets towards ground for possible later appeal which she'd been establishing.

She's quite a lawyer. Nobody can take that away from her, not right now, anyhow. And Carrizal? If convicted, could not imaginably have any grounds for complaint based on suffering inadequate defense. The little (fiercely intelligent, dedicated & self-sacrificing) lady has done the job. I admire her. If I'm ever unjustly accused and brought to trial I would hope and pray there could be someone of her caliber on my own side.

---

Hot off the presses! A new soundless noise from Witherspoon's Tweet Machine!;

The jury has decided one thing. They want Chick-fil-A for lunch. It is on the way.

---

sounds like a plan it's a conspiracy i tell you..

[Elderberry]

Judge declares a mistrial. 2:48 PM - 10 Nov 2017

Trial is adjourned. 2:49 PM - 10 Nov 2017

[Elderberry]

There is no unanimous decisions in anyone of the three counts. The numerical split varies on each of the three counts. 2:47 PM - 10 Nov 2017

Given additional time, there is no chance of reaching a unanimous verdict. 2:48 PM - 10 Nov 2017

[MileHi]

The numerical split varies on each of the three counts.

Be interested to learn more about that.

[BlueDragon]

I just saw that...and

" Judge declares a mistrial." ...adjourned...

That one's over for the time being, maybe for good(?), and was the one the DA'a Office thought they could win.

[BlueDragon]

To respond to a previous comment;

12 angry jurors, huh? (I didn't want to sign in to youtube just to watch it -- maybe later I will).

I wonder how many of the jurors chomping on Chick-fil-A (oh, eh?) in Waco today recalled one of Reyna's last provided example of himself, the DA BigMan himself *not* getting it right --

Tommy Witherspoon‏ @TSpoonFeed
Nov 9

Reyna told the jury there were 4 coalition meetings a year and one scheduled for the same day in the Dallas area, but Carrizal chose Waco.

According to the prosecution witness who testified at request of one of Reyna's Assistant DA's, and who owns the establishment where that "one scheduled for the same day in the Dallas area" , the meeting that had been scheduled for that location (Diamond Jim's, in Arlington) was canceled, and re-scheduled to be held at the Twin Peaks in Waco.

Carrizal could have chose to take his group of Bandidos to Arlington that day, but there was now meeting still scheduled at that location. The raffle ticket in one of Carrizal's pockets must have thrown Reyna off the scent? My, my, so easily distracted and mislead is our man (the 'State's' man) Reyna?

I don't know this Carrizal character, and I don't care about him any more or less (generally speaking) then I do my other fellow Americans.

What I do care about is accuracy.

Right there (even up to?) among Reyna's last statements made to the jury just prior to them beginning deliberations was a misrepresentation of facts.

It's inexcusable, for it was established within the trial by testimony that no one disputed, by a witness the prosecution (not the defense) had called to provide testimony.

Reyna twisted things up right there at the end, trying to get in one last rhetorical "whack" of accusation in order to make it part of the allegations. How much else has this DA mixed up, lied about, or simply misrepresented?

Reyna, although having been forced to ask that he recuse himself as acting prosecutor against Matthew Clendennen and other potential defendants, does stand to be called as material witness in any trial brought against Clendennen.

Will he exhibit the same propensity to 'tell the story' in whatever ways he most prefers things be thought of and regarded as, or will the man tell the truth? Is he even capable of telling the truth?

He may be, but what he is not is dependable, and trustworthy ---in regards to telling the truth. It might help if first one became well enough acquainted with it.

The recused DA has now been impeached as witness as far as I am concerned. I do hope he discovers that he may not be excused in near & upcoming already scheduled future (not in this world, in other words, and I do hope the Bar disciplines him though will not hold my breath in expectation that will occur) although there's still a hope'n' a'prayer for himself as towards the next realms we'll all be a'going to eventually. He may find forgiveness there. Until then -- I'm not willing to accept 'plea bargain' from the guy and restore to him any trust which may, or not be due to State District Attorneys.

[MileHi]

... and was the one the DA'a Office thought they could win.

I expect Reyna to go all in. He has cost the county a bundle, not counting the upcoming civil suits. He has to try and save face.

[Elderberry]

With no guilty verdict on this one, it doesn’t look good, for the state, for the remaining 153? indictments.