Another Twin Peaks defendant seeks to disqualify Reyna

A biker under indictment in the May 2015 Twin Peaks shootout is seeking to disqualify McLennan County District Attorney Abel Reyna’s office, in part, on grounds that Reyna has a financial stake as a defendant in civil rights lawsuits and because he could be called as a witness in the case.

Austin attorney Millie Thompson, who represents Thomas Paul Landers, a founding member of the Escondido motorcycle group and an active motorcyclists’ rights advocate, filed a motion Friday asking 54th State District Judge Matt Johnson to disqualify Reyna’s office from prosecuting Landers’ case.

Attorneys for other bikers have tried to disqualify Reyna’s office on various grounds. Those efforts were rejected at the trial court level and upheld by an intermediate appellate court in Waco.

Another motion to disqualify Reyna is pending before Johnson, who is waiting to listen to a county jail telephone recording between Dallas attorney Clint Broden and his client, Matthew Clendennen, a former member of the Scimitars group, before ruling on the motion.

Clendennen alleges Reyna’s office should be disqualified because his attorney-client privilege was violated when his telephone calls were recorded at the jail.

Inmates are warned by a recording that their outgoing calls are routinely recorded. Attorneys can make special arrangements to call their clients without being recorded, jail officials said.

Prosecutor Michael Jarrett said members of the district attorney’s office have not listened to the tapes.

Landers, who was part of a trio of bikers who got 19th State District Judge Ralph Strother recused from their cases last month, alleges in his motion that Reyna has a financial stake in the case because Landers and more than 100 other bikers have civil rights lawsuits pending against Reyna and others in a federal court in Austin.

“A prosecutor should be disqualified from prosecuting a case when he is a witness that will be called at trial, and/or when a party demonstrates actual prejudice that stems from the prosecutor’s dual role as advocate-witness,” Thompson wrote in the motion, citing a ruling by a Texas appeals courts in Corpus Christi.

Persuaded Strother in an improper ex parte communication to order bikers to report to court so the DA’s office could execute DNA warrants

Engaged in ex parte communications with Strother to establish a trial lineup that benefits the state’s trial strategy

Deprived Landers of due process by convincing Strother to bump Landers from his original trial slot

Deprived Landers of due process by preventing him from calling Reyna as a witness at a previous hearing

Deprived Landers, and all Twin Peaks defendants, of due process by issuing a press release that painted the 154 defendants as pedophiles by revealing the discovery of child pornography on certain cellphones confiscated from bikers

Flooded the defense with “voluminous irrelevant discovery for the purpose of preventing the defense from properly preparing the case for trial and hiding the relevant discovery that the state has, or has not, provided.

Strother and Reyna both have denied at previous hearings that they participated in improper ex parte communications in which it is alleged they spoke about matters involving the case without defense counsel being present.

You're the ignorant one! You supposedly live in TX and don't even know what the "State Prosecuting Attorney's duties are:

Since 1923, the State Prosecuting Attorney has been charged with representing the people of Texas before the Court of Criminal Appeals, the State's highest criminal court. The office has assumed additional responsibility over the years, as changes and improvements have been made in the criminal justice system. The duties of the office are set out by the Texas Legislature:

The State Prosecuting Attorney represents the state in all proceedings before the Court of Criminal Appeals.
The State Prosecuting Attorney may also represent the state in any stage of a criminal case before a state court of appeals if she considers it necessary for the interest of the state.
The State Prosecuting Attorney may assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney.
The State Prosecuting Attorney may be assisted by a district or county attorney in representing the state before the Court of Criminal Appeals.

In carrying out these duties, the State Prosecuting Attorney and two assistant State Prosecuting Attorneys keep abreast of the latest criminal law issues and review the opinions from Texas appellate courts; submit petitions, briefs and oral argument in the cases of greatest importance to the State's criminal jurisprudence; and work closely with local district and county attorneys across the State on emerging criminal law issues. Our goal is to provide the highest level of legal advice and counsel to prosecutors and the best possible representation to the citizens of Texas.
District Attorney

Represents the state in prosecuting felony criminal cases.
Works with law enforcement officers in the investigation of criminal cases.
Presents cases to the grand jury.
Represents victims of violence in protective orders and represents the state in removing children from abusive households.

County Attorney

Represents the state in prosecuting misdemeanor criminal cases.
Works with law enforcement officers in the investigation of criminal cases.
Provides legal advice to the Commissioners Court and to other elected officials.
Brings civil enforcement actions on behalf of the state or county.

Some counties do not have both a County Attorney and a District Attorney. These counties have either a Criminal District Attorney or a combination County and District Attorney. In these counties, one office performs the functions of both the County Attorney and the District Attorney.
For more complete information about the duties of a county and district attorney and other county officials, see the “2016 Guide to Texas Laws for County Officials."

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.