I am not a fan of biker gangs but I would like to know - were all those shot, shot by cops. I think if all the killed and wounded were shot by cops then as a defense lawyer I could get my guys off on that fact alone.
What a legal disaster. They will all claim self defense. There won’t be 10 convictions out of this.
Second Emergent Motion to Vacate Gag Order Based on Abelino Reyna's Unclean Hands.
FN2 Could Mr. Clendennen then thumb his nose at the gag order and hold a press conference announcing that his indictment is, in fact, a travesty of justice and questioning how any fair and impartial grand jury could possible consider 106 motorcyclist cases in one day (on average only approximately five minutes per case)? Clearly that would violate the gag order.
I can picture Reyna going ballistic, as Broden uses court filings in lieu of press conferences, and gets approximately the same statements "out."
That should keep the criminal courts busy there.
A Defendant's Right to a Speedy Trial -- Texas Law -- May-June 2010
Because the sole form of relief for violation of a defendant's right to a speedy trial is full dismissal of the charges, courts are understandably reluctant to find that the right has been violated. The burden on the defendant is therefore an especially high one, and courts often deny relief where the defendant has failed to show all four [Baker] factors weigh in his or her favor. ...It is safe to say that if eight to twelve months have passed since the defendant's arrest, most judges will find that sufficient time has passed to trigger an inquiry into whether the defendant's right to a speedy trial was violated. ...
Some of the cases found that a speedy trial was granted, even when astonishingly long intervals passed between arrest and trial -- including almost four and one- half years for a DWI and over eight years for speeding.
A defendant who files motions basically tolls (holds) the speedy trial clock, so the time taken to litigate a motion to dismiss for failure to allege facts that make a crime aren't part of the speedy trial clock.
Also, the complexity of a case and the size of the court docket, even when the complexity and court docket are generated by the state, cuts in the state's favor. The bigger the screw up, the more likely to get away with it, when the entity screwing up is the state. "Too big to fail." Little losses are allowed and then used to show that the system is fair.
Why Did Prosecutors Indict So Many People in the Waco Biker Shootout Case? - The Atlantic - David A. Graham - November 12, 2015
I'm still seeking the text of the indictments, and this article popped up.