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Lawsuit Alleges Waco Biker Grand Jury Conflict of Interest
ABC News ^ | 7/10/2015 | EMILY SCHMALL

Posted on 07/10/2015 8:22:34 PM PDT by Elderberry

A biker arrested after a deadly shootout involving bikers and police in Waco, Texas, argued Friday that it's a conflict of interest for a policeman to preside over the grand jury that may hear his case.

Matthew Clendennen, who sued after he was one of 177 bikers arrested following the shootout, alleged in a court filing that James Head's presence as foreman of the randomly-selected 12-person panel should not be allowed.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: plantinfestation; texas; waco
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1 posted on 07/10/2015 8:22:34 PM PDT by Elderberry
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To: Elderberry

The Legal System is not looking good in this event.


2 posted on 07/10/2015 8:24:07 PM PDT by Paladin2 (Ive given up on aphostrophys and spell chek on my current device...)
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To: Elderberry
you gotta be friggin kiddin me...
3 posted on 07/10/2015 8:31:56 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY)
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To: Elderberry

They aren’t even the slightest bit concerned about “optics.”


4 posted on 07/10/2015 8:36:15 PM PDT by E. Pluribus Unum ("One man with a gun can control a hundred without one." -- Vladimir Lenin)
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To: Chode
Thread from Wednesday...

Waco police detective named foreman of grand jury that may hear Twin Peaks cases

5 posted on 07/10/2015 8:36:46 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: UCANSEE2
thx dint see the earlier post but i believe it alright... what amazes me is that somebody that passed the bar actually thought this could fly!!!
6 posted on 07/10/2015 8:40:47 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY)
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To: Elderberry

can you say “bias”?


7 posted on 07/10/2015 8:44:32 PM PDT by Crim (Palin / West '16)
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To: Elderberry

Where have I left that old copy of The Declaration of Independence? I know it is here somewhere.


8 posted on 07/10/2015 8:52:58 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Chode

Whazza matter?

Thatza way itz alwayz done!

Nobodyz cumplained aboutit be4now!


9 posted on 07/10/2015 8:59:01 PM PDT by Elderberry
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To: Elderberry

The lawyers involved must really be salivating. This is a cluster F of the greatest proportions.


10 posted on 07/10/2015 9:00:55 PM PDT by Parley Baer
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To: Parley Baer

the waco police are shamelessly swinging for the fences on this case its starting to look like the really screwed up and will do anything to cover it up


11 posted on 07/10/2015 9:17:00 PM PDT by jneesy (rough seas make skillful sailors)
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To: Elderberry
prolly more than a little truth in that...
12 posted on 07/10/2015 9:20:14 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY)
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To: Paladin2

As compared to a regular trial jury, do you know what a Grand Jury is and does? Please tell us.


13 posted on 07/10/2015 9:23:12 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: X-spurt

Yep, Grand Jurys indict Ham Sandwiches.


14 posted on 07/10/2015 9:32:56 PM PDT by Paladin2 (Ive given up on aphostrophys and spell chek on my current device...)
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To: Paladin2

In Travis County they have been known to.

Just checking, from many of the postings it appears many have no clue on the make-up, intent or results.

A Texas Grand jury is real close to a Kangaroo Court. The only lawyer allowed to present evidence or argue the case is the DA. The DA also decides what cases and what evidence will be presented. Sworn testimony is not required and any evidence including here say can be presented.

To be fair, Grand Jury is only able to either ‘indict’ or
‘no bill’ a person charged and is more or less a filter to decide who gets off without trial and who goes to trial.

Grand Jury must date to Merry Ol England days.

Mr. Clendennen may rue the day he let his counselor talk him into this pissin contest.


15 posted on 07/10/2015 9:44:44 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: Paladin2

Bahahahahhaahha


16 posted on 07/10/2015 9:47:08 PM PDT by easternsky
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To: Elderberry

Forget about bias. How about “stupid.”

In many jurisdictions, LEOs are not even allowed to serve on juries, at least petit juries.


17 posted on 07/10/2015 10:03:35 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: X-spurt
A Texas Grand jury is real close to a Kangaroo Court. The only lawyer allowed to present evidence or argue the case is the DA. The DA also decides what cases and what evidence will be presented.

That just ain't so. Many believe it to be so, which is misinformation that badly needs corrcting:

Art. 20.09. DUTIES OF GRAND JURY.

The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credible person.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

The GJ can look into anything they dang well please so long as they have some knowledge of the matter themselves or if informed about it by a credible person. They have to look into whatever the state's attorney bring them, but after that, they can tell him to STFU while they issue whatever subpoenas they want and question whatever witnesses they want.
18 posted on 07/11/2015 12:25:39 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: X-spurt
Mr. Clendennen may rue the day he let his counselor talk him into this pissin contest.

Clendennan isn't the sharpest knife in the drawer either...that 40 minute press conference he gave was foolish and will come back to bite him in the hind quarters.

19 posted on 07/11/2015 7:29:43 AM PDT by mac_truck (Aide toi et dieu t aidera)
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To: BuckeyeTexan

Art. 20.09. DUTIES OF GRAND JURY.
The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credible person.

That is correct as far as it goes.
The kangarooness comes in when no one (credible person) not brought in by the DA gets to present anything to GJ and by GJ’s ability to consider here-say and unsubstantiated testimony from persons who may have anon-related axe to grind against a defendant.

It can be somewhat reminding of the Inquisition. The GJ process just seems to fly in the face of our Constitutional legal philosophy, IMHO.

I agree something like the GJ may be necessary to filter who goes to trial, and usually those that are likely guilty are indicted, but sometimes ‘connected’ folks get whitewashed right on to a no bill.

I thank my luck stars for never being called for Grand Jury duty.


20 posted on 07/11/2015 12:54:20 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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