Posted on 08/08/2016 7:22:39 AM PDT by Elderberry
WACO, Texas (AP) — A federal judge has questioned whether the Texas district attorney prosecuting bikers arrested in a deadly melee outside a Waco restaurant has a conflict of interest because he's also being sued for his handling of the shootout that left nine people dead.
U.S. District Judge Sam Sparks also said it "makes one wonder" why 154 bikers were indicted following the May 2015 shootout outside the now-closed Twin Peaks restaurant, the Waco Tribune-Herald reported Sunday (http://bit.ly/2b5iQ4D ). Sparks did not ask attorneys to respond to that comment during a June hearing in Austin, according to a transcript obtained by the newspaper.
"It's just so far from all of the experiences I've had. It's just staggering to think of the problems," said Sparks, referring to the number of people indicted.
Sparks is overseeing a civil lawsuit that several indicted bikers filed against McLennan County District Attorney Abel Reyna, the Waco police chief and others law enforcement officials. The bikers claim they were unlawfully arrested and jailed under $1 million bonds with no justification or evidence of wrongdoing.
Sparks is not presiding over the criminal case. On Monday, a hearing in state district court in Waco begins over whether Reyna should be disqualified from prosecuting the cases. Reyna is opposing those efforts while simultaneously trying to stop the civil lawsuits against him in federal court.
"These people have a substantial interest. They're being sued in their personal as well as official capacities," said Sparks, referring to Reyna and others named in the lawsuit.
Dallas attorney Don Tittle, who represents 15 bikers suing Reyna, said that although district attorneys usually can't be sued that immunity is lost, he said, when a prosecutor "steps into the role of the police." Records filed in the case show Waco police officials had already interviewed, identified and photographed a busload of bikers detained that afternoon and decided to send them home when Reyna and two of his top assistants arrived at the Waco Convention Center, where bikers were being held.
Attorneys for the bikers have claimed from that point on, almost every biker was jailed under $1 million bonds after Reyna gave orders to arrest anyone with ties to rival biker groups the Bandidos or Cossacks.
"If you are asking me personally, unless the county has already told Reyna that they will pay for any jury verdicts against him, then he clearly and without a doubt has a direct financial interest in virtually every case he is prosecuting," Tittle said.
Neither Reyna nor his attorney returned calls to the newspaper for comment.
Sparks called the situation a "logjam" and has not ruled on whether the civil lawsuit will proceed.
Fearless forecast: This thing is such a clusterf**k that none of the bikers will be convicted of anything. Once again we have another Nifong wannabe.
Congratulations, Waco. You are now the most corrupt city in Texas.
“Congratulations, Waco. You are now the most corrupt city in Texas.”
I understand the number biker gang wars in Texas is down substantially since Twin Peaks ...
Not only will no one be convicted but evidence is being and will continue to be with held for years.
And we could reduce corruption in DC dramatically by murdering a dozen or so congresscriminals in broad daylight as well! Thanks, TG. I am starting to come around to your way of thinking.
“And we could reduce corruption in DC dramatically by murdering a dozen or so congresscriminals in broad daylight as well! Thanks, TG. I am starting to come around to your way of thinking.”
The analogy you are trying to express would be more like the congressmen pulling guns on each other during a house session!
If this is backed up by statute or case law, then Reyna and the state is in trouble. Doesn't matter how evil the eeeeevil bikers were. It seems plainer and plainer that this was a dragnet to somehow avenge the evil of the eeeeevil bikers, rather than to address a specific crime.
IATG
That would be a win/win.
That's because they've all been in jail and/or trying to get themselves out of jail, and getting lawyered up to sue Reyna. I hope the city has to file for bankruptcy in order to pay off the coming judgments against it and it's “law enforcement morons.” Then maybe a new group will be brought in that understands what the Constitution says about due process. I don't condone biker violence, but I also think that everyone who runs afoul of the law deserves to be treated equally.
Is anyone’s case actually scheduled for trial at this point?
I doubt it. This has to be dragged out until even the Internet has forgotten about it. A court date would mean “discovery” and the authorities can’t have that.
Nope.
More Maypole dancing in the judicial circus that is Waco, Texas . . .
Reminds of that old comic where the cowboy is holding a very angry rattlesnake, and his friend says, Okay. So you snuck up on it and grabbed it. How you gonna let go of it, now?
Waco has one big ol’ handful of rattlers.
Just a crazy coincidence that 90% of bikers are conservative voters.
Nothing to see here.
Somehow this shouldn’t be allowed to just go invisible. The Texas treasury shouldn’t be able to invisibly pay to make it go away. Reyna should be forced into the spotlight to do some ‘splaining.
Think he has done to much splaining that is why were where were at.
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