THE STATE OF TEXAS § IN THE DISTRICT COURT § § VS. § JUDICIAL DISTRICT NO. 54 § § THOMAS PAUL LANDERS § MCLENNAN COUNTY, TEXAS
DEFENDANT’S 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.”
Thanks for the ping. And, oh yeah, IBTG....LOL