Broden gets busy quickly, doesn’t he? Interesting that he alluded to Texas counties that permit defense attorneys to be present for GJ proceedings. McClennan does not.
I had thought that secrecy, above all, ruled. I wonder how common this allowance is.
The role that Broden suggests is one of an advisory nature, a counterbalance to the prosecutor when the prosecutor misleads on the law, or doesn't follow the law and his ethical obligations. All Broden suggests in these Demands is that the grand jury should have been apprised of the case law. It's then up to the prosecutor to tell the GJ about the evidence - and Broden would NOT be allowed in the GJ room for that.
The sooner his clients' criminal cases run their course, the sooner he can proceed with civil action against the city of Waco, McLennan County, and police officers.
Too bad that Houston Chronicle article is behind a paywall. A couple other "legal experts" weigh in against Reyna's action.
Amanda Peters, a South Texas College of Law professor, as well as former Harris County prosecutor and defense lawyer, said ... "Not all of these men look equally culpable, yet the indictments treat them as if they are."Veteran defense lawyer and former prosecutor Rusty Hardin said that from what he has seen of the case, there is no way prosecutors will be able to convict everyone.
"They are going to have a hell of a time convincing a jury or appellate court that everybody who rode a motorcycle there that day was engaged in organized crime," he said. "The last time I checked, driving a motorcycle was not a crime."
The Texas Court of Criminal Appeals has Broden's Second Emergent Motion to vacate online. I know the court had Wednesday off, but it took all day Thursday, at least, before that filing was online. The indictments break the ice a little bit, on the gag order, because the court filings aren't gagged unless Reyna requests the court to seal them, and he needs a good secrecy reason for that (typically for the purpose of maintaining cover for undercover witnesses).
Heh. Still looking for text of the indictments. Nevermind "speedy trial," it appears to me that Texas has an issue with "speedy arraignments."
Looking at the 19th District Court Docket for the week of November 9, arraignments are scheduled for today, and some of them have a bondsman listed as time in jail. 68 days, 67 days, a couple at 61 days, 76, 77, and one at 93 days. There are others with much shorter jail time, 3, 4, 9 days.