Try reading section 15.03 (a).
Miss that gate, and it's like a downhill skier missing the first one when needing hit that one most of all --or else be disqualified.
Posted on 03/30/2017 4:38:52 PM PDT by Elderberry
As recently as this morning it seemed impossible, but the Twin Peaks legal fiasco got even more ridiculous this afternoon.
McLennan County, Texas District Attorney Abelino Reyna, who is gratuitously prosecuting 192 people who were at the Twin Peaks restaurant in Waco on May 17, 2015, filed a ridiculous “disclosure” in the 19th Judicial District today, “in the spirit of Brady, the Texas Code of Criminal Procedure 39.14 (the Michael Morton Act), our ethical obligations under Texas Disciplinary Rules of Professional Conduct, and our duty to ‘see that justice is done.’ The document is titled “State’s Disclosure of the Existence of Federal Evidence Not in its Possession or Control.”
Disclose This
The disclosure begins: “On March 28, 2017, the McLennan County Criminal District Attorney’s Office received a letter from the United States Attorney for the Western District of Texas, Richard L. Durbin, Jr. This letter provides the broad outlines of an investigation into the Bandidos Outlaw Motorcycle Club, United States v. John Portillo, et al., Cause No. SA-15-CR-820 (see attached). In the letter, Mr. Durbin declines to share any information or evidence relating to that investigation at this time. Mr. Durbin has indicated that the information will be disclosed to the McLennan County Criminal District Attorney’s Office once the trial is complete.
“Although no specific disclosures were made, Mr. Durbin acknowledges that the federal investigation has information which relates to the events at Twin Peaks in Waco, Texas on May 17, 2015. Although the federal investigation was underway when that incident occurred, neither the fact of the investigation nor any information pertaining to the investigation were shared with this office.”
The “disclosure” continues:
“Despite repeated efforts to obtain this information, our office has no specific knowledge of the contents of the federal investigation. The information is subject to a protective order and not in our control, preventing our actual or imputed knowledge of the specific information. Tex. Rules Prof. Conduct 3.09; Rubalcado v. State, 424 S.W.3d 460 (Tex. Crim. App. 2014). The federal investigation has been ndependent of this prosecution, and no collaboration between the offices has occurred. This information may be exculpatory, mitigating, or impeachment evidence as contemplated by Brady v. Maryland, 373 U.S. 83 (1963).”
Tarradiddle
Reyna has been lip synching the same song for more than a year and a half. The disclosure is tarradiddle. The Waco bloodbath was the result of a federal investigation into the Bandidos Motorcycle Club. That was where Patrick Swanton got his “intelligence.” And anybody who has ever looked at multiple federal investigations of motorcycle clubs knows they all employ the same game plan. Federal investigators or deputies drawn from state and local police forces infiltrate and try to ingratiate themselves to the target club. The infiltrators act as agents provocateur, buying guns and drugs at well above market price, asking to store cigarettes in a club brother’s garage, offering large sums to out-of-work men for a few hours of “security” and encouraging violence.
Waco has always been reminiscent of the murder of a Mongol named Manual Vincent “Hitman” Martin on the Glendale Freeway in the middle of the night in 2008. Undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives had foreknowledge – if they did not kill him themselves – that Martin was going to be murdered. The undercover agents, whose names were Gregory Giaoni, Paul D’Angelo and Darrin Kozlowski, not only allowed the murder to occur but they incited it by picking on the wrong, bad dude in a bar. The next day Kozlowski used the murder as an opportunity to try to incite Mongols leaders to go to war. Something like that self-evidently happened at the Twin Peaks.
What’s Really Just Happened
Reyna has just plausibly denied that he ever knew anything about the federal Bandidos investigation, or its connection to the Twin Peaks. He did not arrest 177 people on the spot because he wanted to shut up all the witnesses to the brawl until the migrating press moved on. He arrested them all because it was his “duty.” Now he and his duty are hiding behind the federal case. And why, exactly 14 months after the Bandidos indictment was unsealed, should anything about the investigation that preceded it remain secret?
But what happened today is not merely about Reyna covering himself. Today’s “disclosure” was strategic. Reyna’s proclamation that there is evidence that might prove the people he has been persecuting for the last two years are innocent is almost as offensive as his statement that he made today’s filing because he is duty bound to “see that justice is done.” Everything Reyna says sticks to your boots and stinks.
What Reyna has been doing for the last two years – beside stalling – is trying to find a case he can win, with a poisoned jury, in Waco. Earlier this month there were five, scheduled Twin Peaks trials. Who Reyna really wanted to try, according to multiple sources, was a Bandido named Jake Carrizal. Reyna thought he could get a Waco jury to believe that Carrizal started the whole mess by running over a Cossack prospect’s foot. That did not happen but the accusations against the 192 defendants in the case have never had anything to do with consensual reality. It is at least possible that Reyna would have tried to convince a jury of his homeboys that Carrizal, not the Texas Rangers, erected the polecam just outside the Twin Peaks patio where the fight started. The way these things usually go, Reyna would have accused Carrizal of putting up the polecam because he wanted a “trophy video.”
But that’s not going to happen now. Carrizal’s trial was continued last Friday and it will be continued again because Reyna just learned yesterday that the feds might be holding evidence pertinent to all the Twin Peaks cases. Just yesterday.
Just Yesterday
So it is now Reyna’s “duty” to make sure nobody goes to trial until all the evidence can be disclosed. And that can’t happen until after the trials of former Bandidos President Jeff Pike and former Bandidos Vice-President John Portillo, and four more defendants who were just appended to the Bandidos indictment, are complete.
There have been three indictments in the Bandidos RICO case so far. Who can guess how many superseding indictments there will be this year? Next year? The year after that? And all of them so secret that no one who is a mere citizen is allowed to know anything more about the Bandidos case than the accusations.
Undoubtedly, some defense attorneys in the Waco case will want to take their clients to trial before the federal case finds its putative conclusion. But Reyna, and the feds, will never allow that to happen. Reyna has his “duty” you know.
Now, now, now, remember what the doctor said.... It’s not good for one to let little things get one upset....
PS, did you bother to read the laws in question? If you can’t understand them, I’ll try to get you a copy of “The Texas Penal Code for Dummies”
Have a GREAT weekend!
act=fact
Try reading section 15.03 (a).
Miss that gate, and it's like a downhill skier missing the first one when needing hit that one most of all --or else be disqualified.
Obviously you have NOT read the autopsies.
These dudes always make claims which reveal they have no idea of the facts.
Simple presence does not equate to fulfillment of (2) (b) it should be added.
They were charged with murder. Lacking being charged with conspiracy to go there that day to commit some other crime, prosecution should have evidence that each and every one indicted went there planning on murdering others.
All along in this also; deaths arising from acts of self defense are not "murder". Not when there was no other plan to commit what would clearly be crime.
If that not be so, then every concealed carry permit holder, if knowingly arming himself against potential danger, successfully defended himself by eliminating a threat to their own life by killing another ---would be guilty of murder.
One of the most basic of all civil rights is the right to one's own life. Therefor, the right to engage in acts of self-protection cannot be abridged.
Our rights do not come from law, nor from the Constitution. According to the framers of the Constitution, as it is written in the Declaration of Independence, those rights originate from Nature's God (hence, are natural rights not arising from codification of law).
Civil Rights or God-Given Rights? [Michael Peroutka]
So shoot me a link. But they still aren't ballistic reports.
Google twin peaks autopsies
I’ve reading them. I’ll get back to this after dinner.
Thanks
Mr. Dragon, Sir,
I have re-read your legal opinions.... and I am incredibly embarrassed. I (and perhaps Mr. TexasGator as well, although I do not have Power of Attorney to speak for him) am ashamed that I did not see your spot-on and decisively convincing legal reasonings at first glance.
I hope you do not object, but I have forwarded a compilation of them to the Sitting Clerk at the Texas Supreme Court. As I’m sure you know from your years of legal practice, SOOTSOT has a clerk available 24/365 to receive emergency motions, requests for stays of execution, Habeas Corpus pleas, etc, and of course, for the incredibly solid legal reasoning such as you displayed.
I hope you do not mind but I took the liberty to remove the spelling, grammar, punctuation, syntax, subject-verb agreement, capitalization, tense, pronoun and citation errors in your posts, but what the heck, compared to your Nobel-level jurisprudencial breakthroughs, what are a few dozen junior high school-level English errors?
The clerk promised to receive it and have the on-call Associate Justice review it tonight. He expects to be able to send telegrams before midnight, CDT, to all involved that a stay on all prosecution has been issued IMMEDIATELY.
Likewise, he promised that Chief Justice Hecht will have your moving papers on his desk before 9:00 Monday. He says the CJ likes a blueberry muffin with his morning coffee, and he will cover the muffin with your papers so the CJ cannot avoid reading your learned work.
The clerk expects a permanent stay before noon, and an emergency bill before the State Senate and House to compensate the poor, downtrodden victims of this judicial abuse for their time, pain and the psychological abuse they have suffered at the hands of the State.
He also said, despite what will probably be the Governor’s firm desire to do so, they will not be able to buy more ammunition for the Banditos, nor high-grade meth for those who had it confiscated, but they will buy new motorcycles for all charged.
The Gov regrets he will not be able to pay for the medical bills of those shot nor the stage makeup for their upcoming TV appearances.
Sorry.
Thank you again for your unique legal perspectives. It is certainly no exaggeration that we all, especially Mr. TexasGator and myself, shall I dare say, were “amazed” by them.
Wacotrib 3/31/17
http://www.agingrebel.com/15174
---Whatever the feds are hiding seems to be immediately discoverable to the defense attorneys in the case. Reyna has charged everyone in the case with conspiring to participate in an affray yet, curiously, Durbin has not yet accused anyone except the Bandidos with declaring “war” on the Cossacks. Which is it? Who did it? Did Morgan English do it? Would, for example, the evidence the federal government is hiding prove Morgan English innocent? Thirteen months ago, before he started to crack like cheap paint, Reyna lied that he had no idea what Durbin, the DEA, the FBI and the Texas Department of Public Safety might be hiding. Wednesday, he declared that he thinks that Durbin is hiding exculpatory evidence. For at least 13 months, Reyna has been hiding behind what is in effect a federal firewall. He has said first that he does not know if the Department of Justice is concealing exculpatory evidence and now he has said he thinks it probably is.----
Can you also send to AG Sessions?
I called him. He’s busy.
Sorry.
Gator chooses to ignore the wound size in favor of the MEs opinion about the size of the recovered, deformed projectiles and hang his hat on that to exonerate law enforceent of any wrong doing. I doubt the ME is a ballistic expert, but it fits Gators bias. It may or may not be a valid opinion. As I said in the first place, these are not ballistic reports.
I have no doubt bikers shot some of those people. The question is how many. Also, of the ones not shot by AR-15 rounds, were any shot by undercovers with handguns? If so, were they shot in self defense? We, including Gator, don't know.
Regardless of ones opinion about the deceased, they are entitled to due process. And so far, this process stinks on ice.
“Gator chooses to ignore the wound size in favor of the MEs opinion about the size of the recovered, deformed projectiles and hang his hat on that to exonerate law enforceent of any wrong doing. I doubt the ME is a ballistic expert, but it fits Gators bias. It may or may not be a valid opinion. As I said in the first place, these are not ballistic reports.”
The wound size is NOT used to determine caliber. That is why it is ignored ...
Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back. Head: Medium Caliber NOT from police .223; Back: Medium Caliber NOT from police .223
Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.
Back: Medium Caliber NOT from police .223; Abdomen: Not Determined
Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back. Head: Medium Caliber NOT from police .223; Trunk: Undertermined
Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head. Head: Medium Caliber NOT from police .223
Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks. Knee: Medium Caliber NOT from police .223; Buttocks: Small Caliber .223 or .22
Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head. Trunk: Small Caliber .223 or .22
Daniel Raymond Boyett, 44, Waco, shot two times in the head. Head: Medium Caliber NOT from police .223; Abdomen: Medium Caliber NOT from police .223; Head: Undetermined
Charles Wayne Russell, 46, Tyler, shot once in the chest. Chest: Small Caliber .223 or .22
Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.Neck: Undertermined; Abdomen: Undetermined
Spaz. Arm: Not Available ... yet!
“Regardless of ones opinion about the deceased, they are entitled to due process. “
They are getting due process.
Thanks for posting this.
“Also, of the ones not shot by AR-15 rounds, were any shot by undercovers with handguns? “
Is that the best you gang-loving dudes can keep coming up with?
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.