Posted on 10/20/2017 9:00:30 AM PDT by BlueDragon
They sure have made Broden mad at them. He's hittin' right-left-right-left-left-right, and now this one right on Reyna's nose.
One hellava' lawyer. He pushing them up against other walls too, pressuring them on several fronts at the same time. That's what the DA's Office brought upon itself by dragging it out as long as they have, then playing games with just about everything they've touched. I think they went and seriously pissed the guy off, not only beginning with Amanda Dillon having accused him of "playing cynical games with the process" but even before then.
Anyone one know if there's any truth to that rumor?
It appears that Broden is convinced of this other, ah, 'rumor', outlined in the article that I've seen recently circulating among other sources.
HOW MANY YEARS HAS THIS BEEN GOING ON NOW???
Just the first 2 years and going on many more.
IBTG
Two years...five months...and three days...
Trying to be reasonable, maybe the prosecution should have been spotted 4, or 5 months to get their act together after the initial warrants for arrest were obtained?
But once indictments came down prosecution no longer had excuse for delay (but Book of Waco operates "differently" than other locales). Just ask Paul Looney. One of his client's hearings was rescheduled in ex parte hearing in judge's chambers (between a magistrate and an Assistant DA) outside of his presence. I'm led to think that's not how the laws indicate those sort of things are to supposed to happen. The prosecution's sole convenience (lacking agreement of the accused) is not without limits, and even then those limits have been stretched in regards to proceedings considered more kosher than 'Book of Waco' ways of skinning the targeted subjects.
I mean, they're going to charge a man with being complicit in the murders of 10* -- woopsy! -- 9 persons (two at least of whom the DA knows full well were shot and killed by LEO's), well then, they better be ready johnny-on-the-spot to back that up. That's the way it should go lacking agreement on part of the accused to waive their right to speedy trial -- which very many do "waive" and so therefor prosecutors get used to being able to delay things as long as they need. Take that away from them (or even try) and they get huffy. Well -- am I supposed to care?
If the DA's Office was not in position to proceed, or was unwilling to proceed against some, or even any of the defendants, they should not have filed the indictments against those defendants. It's pretty much that simple.
But no, the prosecution wanted to have that (potential life sentences) hanging over a whole bunch of people's heads so they could extort [limited] "confessions" in exchange for the accused point fingers at somebody else. That's a formula that could bring out the worst (not the truth, not 'unvarnished truth') but could bring out ANYTHING they thought would get themselves off the hook.
One of Looney's clients, which I think does have a court date now, has suffered having two previous set trial dates having been unilaterally yanked away from him...one of those dates was given to the guy presently, as of this writing being tried [Carrizal]. That change came only AFTER Assistant DA Amanda Dillon attended the trial of Howard Wayne Baker, in Fort Worth. I know this because I saw her there with my own eyes. She took copious notes. The template of "expert witness" testimony to build the impression within the minds of jurors that Bandidos (and other MC's too) are all criminal "gangs" she must have obtained from there. Why else, 10, to 12 days after that trial ended, a trial date that been set for Paul Looney's remaining client was unilaterally taken away and imposed upon Carrizal? As a possibly helpful hint here -- Howard Wayne Baker was characterized as having been "president" of Fort Worth chapter of Bandidos MC. Carrizal had been supposedly (according to what the McLennan County DA claims) vice- president of the Dallas chapter of Bandidos MC at the time of the blow-up at Twin Peaks, on May 17, 2015.
Looney has stated that he has filed FOUR demands for speedy trial for his client Cody Ledbetter, and I think Broden has about that many (or more) motions of that nature on record for his client, Matthew Clendennen.
Check out this recent one; https://www.dropbox.com/s/np4jsp3ysajfuhi/opposecontinuance.pdf?dl=0 which opposes DA's motion for "continuance" ("continuance" meaning yet more delay for Clendennan having his named cleared, but the DA wanting to put that off 'cuz hey -- they be busy. right?)
and this...
https://www.dropbox.com/s/96gj7u56hlb5a5t/show%20cause.pdf?dl=0 which is filing for show of cause why the State (in this respect, the DA's Office) should not be found in contempt and fined for failing to follow a Judge's order to ..."provide the defense council a "realistic" exhibit and witness list by Oct. 17, 2015".
It looks to me like the McClennan County DA's Office was so used to getting their way in most all "things" that they've neglected the very Constitution(s), and laws that empowers them to bring persons to trial in the first place.
How many more delays can they drum up?
See post #7
may you blow your adversaries to kingdom come, utter oblivion
There was hidden hand behind the build up leading to the events that led to the Twin Peaks incident --where things went haywire fast, just about as soon as the Dallas chapter rolled in, and bumped into one of the BMC previous members who'd quit that club, and according to a survivor (a man with last name of Luther, iirc) had expressed that he had a bad feeling about going to that COC&I meeting. That man ended up seriously injured (I do not recall his name) did nothing but not get out of the way fast enough (as he himself related it at one point) and is now paralyzed from the neck down.
I'm sort of wondering why the Bandido who was Dallas chapter president at the time that this occurred isn't on trial rather than Carrizal, who at the time was supposedly 'vice-president' of that chapter.
Maybe clues will come out in the trial? I've been disconnected from Witherspoon's, from courtroom; https://twitter.com/TSpoonFeed for the last three hours.
It's not complete transcript of course, but does convey some of the highlights soon after those come into mention.
Thanks
THE STATE OF TEXAS § IN THE DISTRICT COURT § § VS. § JUDICIAL DISTRICT NO. 54 § § THOMAS PAUL LANDERS § MCLENNAN COUNTY, TEXAS
DEFENDANTS MOTION TO QUASH THE INDICTMENT FOR PROSECUTORIAL MISCONDUCT
At the bottom, from the defense attorney herself;
an entirely different, and much older composition being same title;
Peggy Lee & Benny Goodman How Long Has This Been Going On? (1941)
which vocal style, seems to me may have been inspired by the
Lee Wiley and Fats Waller version (1939)
and according to
http://greatamericansongbook.net/pages/songs/h/how_long_has_this_been%20going_on.html
it's been covered by many, from Ella Fitzgerald to Audrey Hepburn, Judy Garland, Twiggy, Van Morrison, Boz Scaggs, Sarah Vaughan, Van Morrison, Boz Scaggs, to reprise by Ray Charles w/ Count Basie Orchestra.
So from at least as far back as 1927, to answer the question in another way. To continue thinking about this in another "other" way, that's why there are codifications of law, accompanied by case law precedent that places certain demands, and limits too, upon both prosecution and defense council.
Give 'em an inch, and they'll haul in whatever they can, hand over fist. But then again, I state the obvious...
Thompson Too
It gets worse for the prosecutors.
Tomorrow, Austin attorney Millie L. Thompson, who represents defendant Thomas Landers, will move for Judge Johnson to quash Landers’ indictment “for prosecutorial misconduct that is so egregious that Landers cannot receive a fair trial and is being deprived of Due Process.”
So far, the State has been hiding what detective Rodgers knew and did and when, where and with whom.
“The discovery that the State has provided is missing the offense reports, supplements, other written material, and media created by, and/or used by, the lead detective on the Twin Peaks case up to the shooting – Jeff Rogers,” Thompson wrote.
“Detective Rogers was responsible for getting intelligence from members of the Cossack motorcycle club about their plan to go to Twin Peaks, as well as intelligence that some members of the Cossack motorcycle club planned to invade a party in Pflugerville, Texas held by non-Cossack support clubs (and was attended by grandmothers, women, and children). Detective Rogers coordinated with the Texas Department of Public Safety to set up the surveillance camera at Twin Peaks before the shooting. Detective Rogers informed DPS that there was a high likelihood for violence at Twin Peaks if the Cossacks went to that meeting, and he – along with DPS – knew that the Cossacks were at the Twin Peaks restaurant before anyone from any other motorcycle club appeared.
“The State’s prosecutor held in their possession email communications from Jeff Rogers addressed to DPS agents and other law enforcement and failed to provide them to the defense in discovery.”
“State’s prosecutor Michael Jarrett explicitly told the court on September 19, 2017 that the State had given EVERYTHING to defense attorneys….”
“And yet, on October 18, 2017, during the trial of Christopher Jacob Carrizal, after Carrizal’s attorney showed an email from Jeff Rogers that was received from DPS’s responses to defense counsel’s subpoena, then and only then, did the State show that they too possessed those emails.”
“Counsel for Landers was forced to subpoena the material directly from the Waco Police Department, only to receive a Motion to Quash her subpoena, instigated by the State, but not signed by any prosecutors so that they do not look like they are withholding evidence.”
“As this case stands today, the State is refusing to provide discovery about an essential witness in the case – Jeff Rogers. When the defense has attempted to get that evidence directly from the police department, the State responds with obstruction. As the case stands today, Landers cannot get a fair trial because the State is obstructing his access to necessary, material, exculpatory, and impeachment evidence.”
Agree, I’m not a Bandito fan, but I also know any clubbers are mostly just working guys.
I’m interested in how hard the DA is working to hide and obfuscate evidence. Like a cat covering $hi+ on a concrete floor. The bikers aren’t good guys, at least some of them, but the Waco prosecutors, and some judges it looks like, are no better.
any=many
Among the charges on either; the arrest warrants, or the original indictments --if I remember correctly-- was charge of conspiring to deprive others of their rights. Imagine that.
Rebel had some good info. He may be getting good info on other things too, like the part about Reyna consciously picking and choosing what cases to prosecute in order to further his political aspirations?
Whatever the information was, however it made it's way to Broden, it was enough to have Broden believe it. I can't imagine that he'd jeopardize a client's case with something like that, if he had not ascertained that it could be proved. How to get a judge to make inquiry to State agencies about it though..? One could think that even hint of investigation into a matter such as that would be enough (specially in light of all else, a judge would needing only review the case history as framed in Broden's chain of motions, and the responses and recent results of those) to see there could be appearance of multiple conflicts of interest, and more. And it does add up to either; depriving his client of right to speedy trial, or else puts the defendant at unlawful disadvantage, needing forfeit a right or rights in order to enjoy other rights due to himself. Book of Waco, baby. It's that Book, again.
I got a kick out of how 'Legendary' presented one of the same quotes from today's filing, under this pic
Made the man look small, weaselly-faced, he did.
McLennan County DA dismisses allegations of FBI investigation
Reyna denied the claim.
“I was always taught in dealing with a case: If you have the law, you argue the law. If you have the facts, you argue the facts. If you don't have either, you attack the other side,” Reyna said in the statement.
“Mr. Broden's most recent ridiculous and untruthful allegation regarding a make-believe federal investigation, is proof that this saying is true.
It's unfortunate that the same whisper campaign, carried out by the same individuals during my last re-election bid in 2014, has found a new ‘mouthpiece’ in Mr. Broden two weeks before his client is set for trial,” he said.
“I stand by the decisions I have made in this office, and the history and integrity of my family name, which are rooted in this community and the walls of this courthouse,” he said.
It’s Waco, face it, someone needs to report the truth, not just the truth but the gawddamned truth the way the people who were never dressed as princesses or never had the pleasure of having history altered to suit the elevated vision of “the Family”, by the church, the Shrine, or Waco in general.
ABEL REYNA UNDER INVESTIGATION BY FBI FOR “SELECTIVE PROSECUTION” in Motion filed by Clint Broden Biker Atty.
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