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Options limited for replacement prosecutor for Twin Peaks
KWTX ^ | 10/30/2017 | Paul J. Gately

Posted on 10/30/2017 5:32:19 PM PDT by Elderberry

Since McLennan County District Attorney Abel Reyna has voluntarily disqualified himself and his office from prosecuting a pending Twin Peaks case, a new prosecutor must be appointed in his place, but who might that be?

Reyna recused himself, and therefore the rest of his office, from prosecuting the state’s case against Matthew Clendennen last week after Clendennen’s lawyer successfully argued Reyna would be called as a witness in his case and under state law, would be prohibited from acting as an attorney in the same case.

Clendennen, of Hewitt, is charged in connection with the May 17, 2015 shootout at Waco’s Twin Peaks Restaurant that left nine dead and more than 20 injured.

Section 2.07 of the Texas Code of Criminal Procedure provides: “(a) Whenever an attorney for the state is disqualified to act in any case or proceeding, … the judge of the court in which he represents the state may appoint any competent attorney to perform the duties of the office during the … disqualification of the attorney for the state.

Section 2.07 Para. B goes on to say if the attorney appointed already is a state’s attorney, the special appointment is to be considered part of his regular duties.

But if the attorney appointed is a private or retired attorney, he is to be paid at the same rate as any attorney appointed to defense of an indigent person.

So, someone has to be appointed to prosecute the case for the state, and it can be anyone who is a qualified attorney, not necessarily a prosecutor, but not someone out of Reyna’s office.

(Excerpt) Read more at kwtx.com ...


TOPICS: Chit/Chat; Conspiracy; Miscellaneous; Weird Stuff
KEYWORDS: biker; reyna; waco
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1 posted on 10/30/2017 5:32:19 PM PDT by Elderberry
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To: Elderberry

Who would want to touch this stinker?


2 posted on 10/30/2017 5:45:40 PM PDT by MrEdd (Caveat Emptor)
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To: MrEdd
“He’ll (Reyna will) have to go to the (Texas) Attorney General’s office because nobody else can handle this,” another of the veteran defense lawyers said.

The public information spokesman for the attorney general on Monday said he was not aware that the office had been asked to assist McLennan County.


3 posted on 10/30/2017 5:48:38 PM PDT by Elderberry
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To: Elderberry

Hopefully, Mueller will soon be available...


4 posted on 10/30/2017 5:57:50 PM PDT by Paladin2 (No spelchk nor wrong word auto substition on mobile dev. Please be intelligent and deal with it....)
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To: Elderberry

Regardless of the errors and criminal acts of the cops and prosecutors don’t forget who it was that came to Waco armed and ready for a fight. These aren’t local motorcycle clubs made up of dentists, accountants and auto mechanics.


5 posted on 10/30/2017 6:03:25 PM PDT by Seruzawa (TANSTAAFL!)
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To: Elderberry
this is such an open and shut case it seems that any assistant prosecutor should be able to step in and get convictions of all those indited with ease...
6 posted on 10/30/2017 6:04:13 PM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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IBTG.


7 posted on 10/30/2017 6:05:00 PM PDT by mad_as_he$$
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To: Seruzawa
Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

The guilty should be punished to the full extent of the law.

8 posted on 10/30/2017 6:09:13 PM PDT by Elderberry
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To: Seruzawa

Peace officers know how to keep the peace. Attempting to run a sting to get a high profile conviction is not the same thing.


9 posted on 10/30/2017 6:09:35 PM PDT by Hieronymus (It is terrible to contemplate how few politicians are hanged. --G. K. Chesterton)
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To: Elderberry

he guilty should be punished to the full extent of the law.


If the cops set up an OK Corral situation and got a bunch of people killed, do they count as guilty?


10 posted on 10/30/2017 6:24:11 PM PDT by Hieronymus (It is terrible to contemplate how few politicians are hanged. --G. K. Chesterton)
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To: Hieronymus

I would suggest that if they kept medical help from being administered after the scene effectively was secured and people bled out during that time they are at the very minimum guilty of manslaughter and need to be permanently removed from law enforcement.

If they retired since the incident their pensions need to be rescinded.

What does the video show?


11 posted on 10/30/2017 6:32:24 PM PDT by MrEdd (Caveat Emptor)
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To: Hieronymus
If the cops set up an OK Corral situation and got a bunch of people killed, do they count as guilty?

The problem is, who would indict them?

12 posted on 10/30/2017 6:33:31 PM PDT by Elderberry
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To: Elderberry

The problem is, who would indict them?


If they walk, let the people who they set up walk.

Between confiscation laws and an unwillingness to hold over-zealous officials in check, the government sometimes looks like a really inept gang.


13 posted on 10/30/2017 6:41:24 PM PDT by Hieronymus (It is terrible to contemplate how few politicians are hanged. --G. K. Chesterton)
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To: mad_as_he$$

IBTG


14 posted on 10/30/2017 8:19:27 PM PDT by kiryandil (Never pick a fight with an angry beehive)
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To: kiryandil

Lots of People carrying that title lately, waiting for marching orders I assume. LOL


15 posted on 10/30/2017 9:15:10 PM PDT by easternsky
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To: Chode
this is such an open and shut case...

No, it really isn't.

16 posted on 10/30/2017 9:26:45 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Elderberry

How many years has it been now?


17 posted on 10/30/2017 9:31:40 PM PDT by Rebelbase (There are only two genders. The rest are mental disorders.)
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To: MileHi
did you read the entire post??? i dint really think i needed a tag...
18 posted on 10/31/2017 4:11:05 AM PDT by Chode (You have all of the resources you are going to have. Abandon your illusions and plan accordingly.)
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To: Rebelbase
How many years has it been now?

Going on 3 yrs.

19 posted on 10/31/2017 4:47:34 AM PDT by Elderberry
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To: Elderberry

Then apply the same standard to antifa.


20 posted on 10/31/2017 7:07:24 AM PDT by Seruzawa (TANSTAAFL!)
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