Posted on 09/06/2017 6:14:55 PM PDT by Elderberry
A hearing initially set for Thursday morning to determine if 19th State District Judge Ralph Strother should be recused from the first Twin Peaks biker case set for trial was canceled late Wednesday because neither the biker nor his attorney could attend the hearing.
Houston attorney Casie Gotro, who represents Bandidos Dallas chapter President Christopher Jacob Carrizal, notified the court Wednesday evening that she and Carrizal were given inadequate notice of the hearing and won't be able to attend.
No new date for the recusal hearing is set, but Senior Judge Dan Mills, appointed to hear the motion, has suggested 1:30 p.m. Friday.
Gotro could not be reached Wednesday evening and had not responded to the court's email about the alternate hearing date.
The hearing Thursday would have been held eight days after a visiting judge recused Strother from hearing the cases of three bikers arrested at Twin Peaks.
Gotro filed a handwritten motion to recuse Strother on Friday as Strother was preparing to impanel 180 potential jurors in Carrizal's case and ask them to fill out background questionnaires to aid in jury selection.
Jury selection in Carrizal's trial is set to start Tuesday. However, if Strother is recused again, it could put Carrizal's case on hold until regional administrative Judge Billy Stubblefield sorts through the litigation limbo.
Stubblefield appointed Mills, who presided over a court that covered Blanco, Burnet, Llano and San Saba counties, to hear Gotro's recusal motion.
The hearing was set because Strother declined to recuse himself, despite the fact that Gotro incorporated the same set of allegations attorneys for the three bikers used to get the judge recused.
"Judge Ralph Strother should be recused from this case," a supplemental motion filed later by Gotro states. "His comments and his actions have demonstrated he is either unwilling or unable to remain fair and impartial in this case.
"Further, Judge Strother's blatant bias for the state and equally blatant animus for the defendant and his counsel have reached fever pitch and are so extreme they have resulted in an outright denial of defendant's rights to counsel, effective assistance of that counsel, due process and due course of law."
Strother has presided over several heated hearings in which Gotro has accused prosecutors of lying and not providing her the evidence to which she is entitled, putting her in a precarious position of demanding a speedy trial for Carrizal but saying she can't be ready until the state provides the evidence.
McLennan County District Attorney Abel Reyna has said his office wants to try Carrizal first. He and assistant Michael Jarrett continually have assured the court they have provided all materials they have available to Gotro, adding that when some DNA and ballistics evidence that Gotro wanted retested returns, they will provide that as soon as possible.
Gotro charges in her recusal motion that Strother ignored her pleadings to present evidence regarding the existence of police audio and video recordings made at the May 2015 Twin Peaks shootout that left nine dead and dozens injured.
"When defense counsel was finally able to locate enough independent corroboration proving the evidence existed, the state finally produced the evidence to include an additional hour of video footage from one police car and nine audio recordings of witness statements all of which have been in the exclusive possession of the state for two and a half years and all of which are now known to be favorable to the defense," the motion states.
"Judge Strother has failed to make a single inquiry of the state regarding this material and favorable evidence," according to the motion. "Rather he continues to blindly accept the state's illogical and preposterous excuses."
Mills was appointed in 2005 to be the first judge of the newly created 424th District Court. Before that, he served as a federal prosecutor in Austin for the Western District of Texas, which also includes Waco, for 18 years. Prior to that, he worked eight years as an assistant attorney general.
In removing Strother from cases involving bikers Thomas Paul Landers, Rolando Reyes and George Bergman, Judge James Morgan of Bosque County wrote the average man on the street might say, "Judge, you're are just not being fair."
So now you're claiming that the restaurant was a criminal enterprise? And I suppose you believe that every customer that was in there is a criminal! You really need to be back on your meds....you've become totally delusional and have lost touch with realiity.
“So now you’re claiming that the restaurant was a criminal enterprise? “
I never claimed that. You just made that up! I guess when you have no argument you just make stuff up?
But now that you bring that up, though, it appears that THAT Twin Peaks was arm-in-arm with a criminal enterprise!
“Defense and Crime: 100% Conservative, 0% Liberal “
I think you need to adjust your numbers!!!!!!!!!!!!
Concurring bump...hard to spin it any other way.
But the prosecution is hoping to deliver a knockout blow to all the affiliated bikers by proving the Texas Bandidos were engaging in organized crime, so its understandable why the defense would be squeamish about getting started.
LOL. Nothing in my post referred to Twin Peaks!
Can’t you read?
OMG - you don't even remember what you post, even though you can go back and look at it!
Post #62 - YOUR words: "But now that you bring that up, though, it appears that THAT Twin Peaks was arm-in-arm with a criminal enterprise!"
“I did not make that up! “
LOL! You made it up! You were the first to mention Twin Peaks, not me.
“Post #62 - YOUR words: “But now that you bring that up, though, it appears that THAT Twin Peaks was arm-in-arm with a criminal enterprise!” “
Yes. You brought it up by falsely accusing me of bringing it up which I did not do.
Well.... now you know how some of the bike club members felt.
Do you know what the 'showdown' was about ?
“Do you know what the ‘showdown’ was about ? “
What most motorcycle gang showdowns are about ...
Turf!
“Well.... now you know how some of the bike club members felt. “
LOL! I really didn’t feel anything. Unlike some of you, I have no personal investment in this issue other than the general safety of the public.
OTOH, I have never felt the pressure of a ‘gang leader’ forcing me to ride to a showdown!
“Do you know what the ‘showdown’ was about ?”
I think, as I recall it was over “turf” and that some of the Cossacks “feeder clubs” were wearing “the Texas Rocker,” which somehow pissed off the Bandidos.
Personally, I think they are all a bunch of useless children, but I also believe in the rule of law and the Constitution. The fact that so many were charged without sufficient direct evidence of involvement, and that now, nearly 900 days since the event in Waco, no one has been tried, gives rise to prosecutorial misconduct. Which is most likely a result of the Waco cops committing multiple murders under color of authority. I’m fine with all of them going to jail, if found guilty, I just see a crooked “justice system” operating in McLennan County and everyone should be concerned with that. You end up wondering who is in jail there who did not receive equal justice under the law.
Kicking the can down the road again. Headshake.
BUMP!
According to your own statement, you felt falsely accused, isn't that correct?
Here is YOUR statement.
"You brought it up by falsely accusing me of bringing it up which I did not do."
Me: LOL! I really didnt feel anything.
You: According to your own statement, you felt falsely accused, isn’t that correct?
Not correct. I expressed NO feelings. I just made a statement of fact.
U CAN SEE that right?
You "THINK"! ROTFLMAO! Bandidos have been whacking Cossacks for months over the Texas rocker. I don't think these are 'feeder' dudes. I know you have seen this photo before and also aware of the 'double lightning' tattoos...
So Gator, what’s your solution?
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