http://www.agingrebel.com/15908
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.”
Tomorrow, Austin attorney Millie L. Thompson, ... will move for Judge Johnson to quash Landers’ indictment ...
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
Waco – DA Abel Reyna’s prosecutorial misconduct is “so egregious” the indictment
against Paul Landers should be quashed, according to his attorney.
Made the man look small, weaselly-faced, he did.