Pick a name – any name of any Twin Peaks defendant – there were 177 original “offenders” – Write it on paper and pin it to your chest where a badge would go. If asked to identify yourself, give them that name.
The burden of proof is on the state that it is not your name. Jurors must decide unanimously to convict. Be a man. Return as you said you would – as warranted by the state and promised by your bond.
Y’all come; have black-eyed peas, hog jowls, and chow chow for luck, dear hearts.
We shall invoke the great Roman concept – Vox Populi – the voice of the people.
No one can recall any prosecution in which the defendants were enjoined and ordered under pain of bond revocation to not return to the jurisdiction where they were arrested and charged – unless the Court has summoned them for a proceeding.
This is a direct abrogation of your right to travel without passport or any special permission, within the borders of your nation.
If the defendants cannot find a way to cross the line, we shall cross it for them. We shall take their names to court.
We will draw the line in the sand. Do you have the brass in pocket to step across and be one of us?
Sons Of Liberty MC – Turba Regula – Loyal Nine, composed of three threes…
F. Clinton Broden and Julissa West following her ouster from the stand
STORY BY: Legendary Jim
REPORTING BY: Jane Carter
Waco – The hearing was over before you knew it had begun.
As Julissa West took her place and introduced herself on the witness stand, F. Clinton Broden asked her if she knows Amanda Dillon, an assistant prosecutor on the case against former Scimitar Matt Clendennen.
When she said yes, he asked her what she had learned from Ms. Dillon; the state’s attorney objected as to hearsay.
The judge allowed the questioning to proceed, but when he heard that Ms. Dillon told Reyna’s former staffer something, he cut her off, saying, “You may step down.”
When she turned to question him, Judge Doug Shaver, a senior visiting judge from Houston, said, “Get down! You’re through.”
When the attorney tried to interject, Judge Shaver said, “This is ridiculous! The motion is granted.”
With that, the 11th hour motion entered by elected Criminal District Attorney Abel Reyna to quash subpoenas for a host of very important witnesses including Ms. Dillon, lead prosecutor Michael Jarrett, 19th Criminal District Court Judge Ralph T. Strother, former First Assistant District Attorney Greg Davis, and others was granted, and the hearing into the allegations of political opportunism, evidence tampering, and withholding exculpatory evidence by the DA was all over.
The judge determined that pre-trial motions may be presented by the three special prosecutors he appointed, all experienced trial lawyers from his home jurisdiction in Houston, on March 5 and 6. April is targeted for the trial of Matt Clendennen.
One may see a Youtube interview with a former legal assistant who, like Julissa West, worked in the law office of the partnership of Reyna and 54th District Judge Matt Johnson, named Jane Carter.
The instrument contains allegations of political opportunism for campaign contributors, the suppression of the evidence, resistance to discovery, and collusion with confidential informants not turned over to the defense.
There are numerous exhibits regarding these allegations that would have been presented had the hearing been allowed to progress.
Here is a copy of an e-mail from FBI Agent Brust: (click for full size)
There is evidence of suppression of evidence from legal instruments:
In addition, there is an audio tape, which is referenced in this text message:
Obviously, someone determined not to allow the material on the record “in the interest of justice.”
Casie Gotro, defense counsel for Bandido Jake Carrizal, sent this frantic e-mail denouncing the evidence obtained from Ms. Carter and Ms. West:
“jane carter is making shit up. i have a recorded conversation between myself and a lawyer from the AG’s office. said lawyer accuses reyna of instructing folks not to comply. I DO NOT BELIEVE THE AG.”
When left a phone message seeking clarification, she did not respond immediately. Curiously, the ladies all seem to be talking about the same thing.
When asked about that, she said, “I made the recording of the DPS lawyer…When you say I did not respond, it makes it look like I’m hiding something.”
We do not. Think. That. For. One. Moment.
Ms. Gotro obtained a take nothing judgment in her defense of Carrizal following a 5-week trial when the jury hopelessly deadlocked in favor of his acquittal. The trial judge, Reyna’s former law partner, Matt Johnson of the 54th Criminal District Court, declared a mistrial after applying the “dynamite” charge to try to prevent the deadlock.
And the floggings will continue until morale improves.
As it has been written, some days are diamonds; some days are stones.
Gracie, an Alabamian mistress of cuisine and merchandising, reports the unquiet spirits of sporting women occupy the second floor of “The Yellow Rose” in downtown Walnut Springs – Breakfast and Lunch Room
As a crew relay station for the Texas Central Railroad, Walnut Springs saw busy times before the highways took over local freight deliveries.
When Gracie moved in, she adroitly bought up buildings and lots in this sleepy town once boarded up and isolated on Hwy 144 between Meridian and Glen Rose.
Those days are long gone. It’s a great place to see the world – one person at a time, as the people go by on a weekend. No alcohol at this establishment, that’s next door, but the cuisine is country, southern, and real good, boarding house style.
There is an internet cafe in the front room, and a lunch room in the back.
But it’s upstairs that is a constant draw of attention. There are multiple unquiet spirits of sporting women who like to jack with men who visit on missions to plumb, wire and repair the old building.
The like to slap their butts! They don’t bother with women, but they are hell and Jesus on the dudes.
That’s why Gracie believes they are just what they sound like. They see to it the floors are strewn with dimes, dimes that appear when there is really no one there.
Ghost tours are in the offing, following a thorough analysis by several teams of supernaturalists who devote their attention to such matters.
Thanksgiving dinner is from 11-2 on the great national take an Indian to lunch day.
Waco – Rolando Reyes asked the judge to disqualify the elected Criminal District Attorney in the case against him, a charge of engaging in organized criminal activity filed on Sunday, May 17, 2015, following his arrest at Twin Peaks Restaurant.
The motion drafted by his attorney former Galveston District Judge Susan Criss is adamant about Reyna’s allegedly biased and criminal role in his administration prior to the Twin Peaks affair, as revealed in an affidavit filed by Greg Davis, a former lead prosecutor from Reyna’s office.
Reyes is one of a trio of defendants including Matt Clendennen and Paul Landers who sought and obtained the recusal of Criminal District Judge Ralph T. Strother for bias against them in an August 30, 2017, ruling by visiting Judge James Morgan.
Reyna called for his own recusal in the Clendennen case, prompting the appointment of three special prosecutors by visiting judge Doug Shaver of Harris County, who had himself been appointed to hear the case following the self recusal of 54th District Judge Matt Johnson, Reyna’s former law partner.
“Due to his presence and actions at the scene of the alleged offense there are matters only he can testify to at trial.” There also exists the potential that lead prosecutor Michael Jarrett and Assistant District Attorney Amanda Dillon will be called as witnesses;
Reyna failed to disclose to defense counsel that he and Judge Matt Johnson practiced law together as partners in a law firm in Waco;
Reyna has been and may still be under investigation by the FBI for criminal acts;
Both Jarrett and Amanda Dillon have interviewed with the FBI about criminal matters and failed to turn over material about their allegations to the defense as exculpatory evidence as outlined in the landmark case, “Brady v. Maryland,” which requires it;
Due to concern about their own employment, Jarrett and Dillon chose to hide their participation in the investigation against him, thus causing a conflict of interest prohibited by the Texas Code of Professional Responsibility, and the law, which requires the disclosure of all such items;
Newly revealed documents detailing certain information alleged in the federal prosecution of two national officers of the Bandidos MC at San Antonio raise the possibility that Reyna and his staff withheld exculpatory evidence as part of a quid pro quo arrangement with federal authorities to delay the Twin Peaks cases and thereby obtain leniency from prosecution for their transgressions against the law through their assistance in controlling the flow of information to the public and the defense;
“Regardless of the outcome” of the Twin Peaks prosecutions,” Reyna and his staff have added “voluminous” amounts of information that would assist prosecutors and federal investigators in obtaining information useful in future criminal litigation against the Bandidos and other alleged “outlaw” criminal organizations.
These and other allegations are the subject of a hearing on November 20 before Judge Shaver in the Clendennen case, as well as alleged aggravated perjury in a Court of Inquiry in a Dallas District Court.
In a legal memorandum filed in support of the motion for disqualification, Judge Criss alleges the withholding of due process of law that is held by common law holdings to balance the excessive amount of power federal prosecutors wield in their criminal actions against accused offenders.
Because a prosecutor is not just a party to a controversy, but the representative of a sovereign, the primary responsibility of the office of prosecutor is that of obtaining and establishing justice, not just the role of seeking victory in a case, according to a landmark case cited in the legal memo.
Therefore, the defense counsel holds that the prosecutors in the Twin Peaks cases have thereby rendered themselves of a diminished capacity to provide the most important of legal services intended for We The People of the State of Texas, whose peace and dignity are to be guarded by the Criminal Courts of our state.
The war veteran’s charge of carrying a gun into suburban Valhalla, the high school football stadium, had a complication – public intoxication
Midway – The Waco suburb of Hewitt takes its football and its school district as seriously as any buttoned-down, upwardly mobile community in the nation.
The stadium and the pass-fail and university entrance stats are the pride of the couples who locate here. An ultra-modern library dominates the civic center with its City Hall and Police and Fire complex tucked in the middle of a big field where multi-family condos and apartments are going up like mad off the main drag.
And then Vincent E. Sampson, a hard-charging Balkan War veteran of the Kosovo campaign, Army drill instructor, recruiter, and football player from the Boston Suburb of Wakefield, Massachusetts, showed up at a Freshman game his son was playing in with his bulldog on a leash and a Glock semi-auto roscoe sticking out of the waist band of a pair of walking shorts in October, 2016.
Jeffrey Foley is a Hewitt Police Officer who is permanently assigned to the Midway school system as a school resource officer. A big part of the job is keeping order, and seeing to it that kids are safe during sporting events at the athletic compound that dominates a spot on the hill in the middle of town.
The stadium has two entrances to its Home seating area; both surmount a system of concrete steps and ramps at the 30-yard line either side of the 50, on a level where you either go up the stands toward a towering press box, or down to the primary seating so close to the field you can see the Quarterback wipe the beads of sweat off his face with a towel attached to the Center’s belt and wipe his hands dry when he begins to call the play at the line.
They take it seriously. Sgt. Sampson should know. His dad retired as a football coach at his alma mater back in Massachusetts.
Something that emerged in his jury trial Wednesday afternoon for public intoxication when Foley caught him with the pistol at a school boy sporting event is that most of Hewitt’s cops know Vinnie. He’s a loud and profane professional soldier from one of the Yankee-land’s most pugnacious, brawling metropolitan areas – Bean Town’s Southie.
Yeah, That place, where Ted Williams slugged it out, year after year..
Where they had the Tea Party, fired the shot heard round the world..
Sergeant Vincent E. Sampson, war veteran, Army employee
When the cops come to his door, he’s no shrinking violet. He makes a lasting impression on the peace officers. Just ask them. On Wednesday, you didn’t have to ask. They volunteered the information.
Foley told Vinnie they were going to take a stroll to parking lot, put his gun in the trunk of his car, and he could come back to talk to Mrs. Sampson, a veteran public school teacher who was manning the hot dog stand, and enjoy the game.
As they strolled, Sampson decided to take the pistol out of the waist band of his shorts and slip it into the pocket of his shorts.
Foley freaked out. You can see it on the surveillance video. He had his gun out and pointing smack dab between the man’s eyes in one, swift move. Bingo!
Vinnie tossed the Glock to the ground behind him and tried to walk away with Bowser, who was getting out of town fast.
Foley told him to get on the ground, pronto, tracking his nasal-ocular cavities with the muzzle of his Glock, and that got the Yankee’s attention. He hit the deck and the bulldog unassed the leash and collar, slick as a whistle, cowering and circling, sidling away and turning.
When Officer Joe Jones, a veteran K9 officer and Patrolman showed up to cuff Vinnie, you could see he was pumped up. He recalled for jurors that he has had numerous conversations with Sampson, some in which, surprisingly, he is just as cogent and congenial as he can be. There are other times when – Johnson just shakes his head as his voice trails off.
It’s like that.
Jones told the city prosecutor when asked, the dispatcher sounded animated, excited. “He said, Vinnie Sampson just pulled a gun on Foley at the football stadium,” That got his attention. He responds to domestic calls about Vinnie; Foley is a brother officer.
Somehow, the subject of Vinnie’s drinking came up, and guess what. As a Drill Instructor, the Army’s finest are known to get loud – not a good thing down south, but try to tell the Army Veterans of Massachusetts something like that.
Jones charged him with the Class C misdemeanor of Public Intoxication to top off the Class A offense of carrying the pistol on school district property during a sporting event.
From there, the situation deteriorated to the point that – well – let’s let Carol Jo Mize’s recollection speak for the record. She’s an Educational Officer from the Texas Juvenile Justice Department. She said she doesn’t know Foley or Vinnie, either one.
But she couldn’t help noticing what happened when Foley leveled his pistol on the area between the soldier’s eyes.
She saw him go by with “a big, aggressive-looking dog,” and then, she saw “Foley turn him around” and frog march him back down the sidewalk.
She was on her cell phone, she said, and told her acquaintance she was hanging up because she somehow felt she would be serving as a witness for whatever was going to happen next.
“I knew I was the best witness to the situation.”
Vinnie wouldn’t get on the ground. He wanted to talk it over.
“He seemed to have a delayed reaction to requests,” said Ms. Mize. “He was unable to follow instructions.”
Cody Cleveland is a young attorney with a clear vision of what it takes to convict a defendant, something honed by years of serving as an Assistant DA in the Falls County seat of Marlin.
During the examination of the venire, he introduced himself by saying that he is married and that he spent his first anniversary waiting at the hospital for his wife to domino with their first child, a boy. His second anniversary, he said, was spent the same way, but that time, Mrs. Cleveland gave birth to a girl.
He got the message across with style. He is a busy man, and when the prosecution and he made their strikes for cause and for peremptory purposes, a panel of six ladies were seated at the exclusion of all the men in the room. They eased out the door with backward glances and knowing looks at one another. Ladies who were not chosen from the original venire of 16 walked with their heads held high, determined to show they were unfazed by their rejection.
Behold, Cody Cleveland, Esquire, defense attorney, dressed in a gray woolen suit and a tasteful tie knotted in the collar of a white business shirt.
He has the level head and clear logic of an experience professional. Catch his act. You will learn something. Depend on it.
As he made his opening statement, he told the ladies that it is a matter of fact that Sampson took a loaded pistol to a high school football game, and he added something very important.
“They loaded him with this charge of public intoxication, which they can’t prove.”
As he questioned the witnesses, he let the jurors learn from the witness that Foley was too busy keeping Sampson away from the gun he threw down and the dog away from his legs and buttocks to smell any alcohol on his breath or evaluate his behavior for signs of inebriation.
Jones, it was learned, not only made no field sobriety test, he did not have his blood or breath alcohol concentration checked, when all such remedies were available.”
Jones also made no written report of his findings. He admitted as much when asked, answering by saying, rather vaguely, “I don’t know what happened to that.”
He was too busy helping Foley take witness statements, recovering the weapon and checking its load, and keeping people away from the crime scene.
Asked about the sole purpose of making a written report of a violation, he agreed with Cleveland; it’s all about being able to remember exactly what happened. He blithely dead panned his answer with a level gaze at the attorney.
As each witness testified, the ladies of the jury got a load of the dialogue, then turned as a group to stare at Sampson, who alternately tried to engage the bailiff and others in the courtroom in conversation, sat with his head in his hands, and muttered to himself constantly that, “He’s lying!”
To a woman, they sat with their arms crossed over their breasts, defending their hearts and vital organs from what they clearly perceived as terror.
During a break, Sampson explained that his continued career as a transportation specialist in the Military Entrance Processing Center at the Earl Cabell Federal Building in Dallas depends on a favorable resolution to the charges. He was needing an acquittal on the intoxication charge if he hoped to be able to support his wife and son the way he has been able to over the years previous.
He transferred out of his former employment fielding calls for the people needing information from the VA at their Regional headquarters in downtown Waco when he took the job offer commuting to downtown Dallas.
During his cross examination, Cleveland made it clear that Sampson is a combat veteran who suffers from the kind of bone-crushing injuries that explosives cause.
He is challenged to walk a straight path due to injuries to his legs and a hip joint. He confided with this reporter that it was an improvised explosive device that blew his vehicle sky high when the enemy detonated it. He habitually speaks in a loud tone of voice, his torso and chin thrust forward. there are discolorations on his scalp and the sides of his face that could be mistaken for birth marks, but on closer inspection you realize the man was hurt badly when he was wounded.
“I have a lot of pieces of metal in me,” he said. Magnetometers are not friendly to Vincent E. Sampson. The security officers who man them are even less inviting. They could never explain why they let him walk through unchallenged, or at least without further investigation. It’s a daily reminder of who he is – and what happened on foreign soil where he earned a Purple Heart, inscribed, “For Valor,” the first medal created by General George Washington, Commander in Chief of the Army of the United States of America.
He receives 100 percent compensation and pension for his service-connected condition of Post Traumatic Stress Disorder, something that makes him seem boorishly aggressive, loudly defiant when his sensibilities are challenged by differing opinion.
In the end, the complaining witness, Jones, agreed with the defense counsel that his reports of Sampson’s aberrant behavior is really just Sampson being his normal self.
The posture of the ladies in the jury seats softened. Most of them uncrossed their arms, sat back in their seats; the worried expressions melted from their faces.
To prove public intoxication, said Cleveland, one must prove an impairment of physical faculties and a blood alcohol content of .08 or more, as well as an impairment of mental faculties, the ability to figure 2 plus 2 equals four with normal rapidity.
“Two of those are out, aren’t they?” he asked Jones. The officer ruefully agreed, sucking a canine tooth with an expression of resignation.
“Vinnie Sampson normal is not a normal person,” said Cody Cleveland, attorney at law, who had been forced to turn his back on Sampson at the defense table, concentrating on his notes and listening intently to the direct examination of the prosecutor.
Clearly, his seeming alienation from his client was helping jurors form an opinion, just the impression he was looking for.
In his jury summation, he said, “The officer who wrote the ticket didn’t even bother to write a report.”
Jurors deliberated for less than a half hour – something more like 15 or 20 minutes when you count the bathroom break.
They returned a unanimous verdict of not guilty.
As Sampson left the parking lot to get into his souped-up Shelby Cobra Mustang, a lady from the panel stopped him as she sat in the driver’s seat of her soccer mom SUV.
She asked, “Vinnie, don’t you have a son who was playing football in that game?”
He said yes.
“Well, I have a son who goes to school at Midway. Did you know that?”
He told her, “No.”
“I would like it if you never take a gun to the school again. Will you do that for me?”
Then he said, “And if I do carry it concealed, not act like a total moron?”
She said, “No, Vinnie. No. You cannot carry a concealed weapon on a school property sporting event, remember? That’s against the law. Okay?”
He said, “Okay. I tried to get away with it, but the answer is no. You’re right.”
They parted as friends.
Sampson chatted with Judge Francis, a veteran jurist who more often than not accepts guilty pleas and conducts judge trials.
He explained the difference between the level of proof and the totality of circumstances considered by jurors, as opposed to a judge acting alone.
It was a congenial conversation. This is what it sounded like.
It occurs to The Legendary that in the end, it’s the judges who teach the law – to one student at a time.
We will cover Vincent E. Sampson’s jury trial for the offense of unlawfully carrying a firearm onto a school district property where a sporting event is in progress at County Court at Law No. 2 in the future.
Cody Cleveland, father of two. Vinnie Sampson, a Veteran of Wars
Honor Abel Reyna for his predictable nature on 1/1 with black eyes
Waco – Black-eyed peas, jowls, chou chou, pepper sauce and jalapeno cornbread to be served from a big cooker on the square?
Anything is possible in the fight for freedom. No balloons for the kiddies, the water fowl might eat them, says the Audobon Society, and there should be music, but the jury’s out on what kind. We’re working on it.
But rest assured: This is the way, the truth and the light. Rain or shine, time to be announced – but me, I like High Noon when it comes to a showdown.
NOW, WHAT WOULD YOU PAY? But, wait, there’s more, buy the…
THE CORRIDOR: Behind the black curtain leads to the jury room, the Cat Walk, the clerk’s office, the DA’s Office, and the Grand Jury room…
WACO – Pay no attention to the man behind the curtain!
Please do not let your doggie into the theater to fiddle with the accoutrements, and do NOT let your children sit on the chopping block. (We might get a little behind in our business.)
Security is tight. There is a great potential for VIOLENCE! Beware, and if you SEE SOMETHING, you should definitely SAY SOMETHING.
“I wanted to thank you for all the information you have shared on DeLuna and let you know that it has been shared with the prosecutor and placed in the file for consideration on his cases.
“In refL to Cargill. Our office requested and was able to have his bond held insufficient by Judge Johnson this morning. His two felony cases (that have been indicted, but are still pending) have been increased to $250,000 each. His new cases stemming from yesterday’s assault have had bond set at $10,000 each for Continuous Family Violence and Unlawful Restraint and $1,500 for the misdemeanor Terroristic Threat.”
Abel I just talked to Delinda Cargill, she has seen a plastic surgeon, the Dr’s in Waco said her face is to severe for them to do the surgery so they referred her to the Surgeon from Austin, but my main concern right now is that Clint Cargill is calling g her house from jail, that’s breaking her protective order. I told them to call the SO office and make a report.
The part talking about a Mr De Luna is where my daughter’s ex burned down our house with me and my granddaughter in it about 3 years ago in Waco city limits, with over 300 text messages and phone recordings saying he was going to do it, Of course nothing was done ask Kevin Fisk about this case in very close to him it was all covered up by Waco fire department and Waco PD also because they hate me, Miss Sherry Kingery detective of Ex I should say, is behind alot of that! Anyways another story if the good ole boys club of Waco PD, my son is also in prison on two 10 year sentences that he’s not responsible for because of Sherry Kingery, you can ask Kevin Fisk about that also, I should have a big law suit against The city of Waco myself
Those pictures are the last time he beat Lindy her son was there and witnessed this he is testifying this time, his cousins are all SO officers by the way for MC Lennan county the man that beat her, that’s why he kept getting off,
I had a call at my house and confronted him myself and asked house his wife beating pussy cousin was doing he didn’t like it too much either
She didn’t know who you was I didn’t tell her I was sending it to you I’m sorry I started cleaning my grandkids room out for the holidays I’m so sorry Jim , Ballew is the SO and she thought that’s who you were, she called me wanting to apologise to you that was her phone number, mine is 254-XXX-XXXX
Well he’s in jail fixing to go to trial I pray for life, I’ve raised so much hell and put it all over Facebook book
Even called the news
Her son is 12 and is testifying I want her daughter back from his family the father abuses the mother just as bad that child doesn’t need to be around this
But they have money
Lindy is not on drugs she was bcause he was shooting her up so badly against he will she couldn’t do anything she was a zombie
You mean Ballew, the dog handler?
Yes Ur correct
OK, I get it. He’s hot, in trouble.
Always Been like that for awhile. And was tippi g him off telling him Everytime the cops was coming
MISTRIAL ONLY OPTION FOR JURORS WHO DON’T SEE THE CASE
WACO – Just like the riotous conditions provoked by the police at Twin Peaks, the final day of deliberations was over before you knew it had begun.
The final question asked, “Would you have had a better chance at acquittal had you been able to obtain timely discovery?” provoked only a wave of the hand and a hip-slung pirouette to the privacy of a conference room on the rotunda of the old courthouse.
It was a question that deserved no answer, prompting laughter from the excited gallery, a bit of comic relief.
Casie Gotro and her co-counsel Thomas Lane obtained a take nothing judgment in a bruising criminal conspiracy trial of a man accused of being a party to capital murder, aggravated assault, and the brutal treatment of nearly 300 persons gathered for a political meeting on Sunday, May 17, 2015 at a trendy theme bar-restaurant, Twin Peaks.
Jake Carrizal is a Bandido who drives locomotives for a living, delivering freight to warehouses and rail yards all over the Metroplex and most of north Texas.
His government spent a month tarring him with the brush of guilt prosecutors failed to prove to a jury desperate to get back home to careers and kids, wives and husbands – fearing financial hardship if they could not.
Prosecutors complicated the preposterous case against the man who rode in at the head of a column of brother Bandits on his Harley into an ambush by nearly hundred angry gun-wielding Cossacks bent on revenge.
They tried to kill him, his brother, and his father, and the unseen hand of a “law enforcement-based entity” ordered his arrest along with 176 others on a cookie cutter, fill-in-the-blanks arrest affidavit with no particularized accusation of any specific act judged to have caused the deaths of 9, wounding of 20, and the hateful flight from fear that made men and women crawl across the filthy floors of restrooms and barrooms, hiding in coolers and waiting for the all clear while police officers wielding rifles stood over wounded men as they bled out.
In the end, the defense attorney who hails from Houston told the jurors that if it had not been for the swift action of a SWAT team member who shot his assailant, her client would probably have been murdered by a Cossack on a murderous rampage with a six gun in his hand.
Lead prosecutor Michael Jarrett told them that Jake Carrizal has not the right to self defense because he “fits the criteria” of a member of an outlaw criminal street gang as determined by “expert” gang investigators.
“You don’t bring a gun to a fight and claim self defense,” he said.
Jake got on the witness stand and admitted he had a two-shot derringer that he fired twice.
It didn’t matter, according to the elected Criminal District Attorney Abel Reyna. He told jurors in both his opening and closing statements that just being there was good enough for a conviction that would land a man in the penitentiary potentially for 99 years and a minimum of 15 on the charge of engaging in organized criminal activity, 25 on the charge of directing the activity of a criminal organization, the Bandidos.
Their chief evidence?
He sent an e-mail to members of his chapter of the club, saying, “Bring your tools,” and not to bring their old ladies.
This is code for going to a gunfight.
Next time, he answered a prosecutor, he would probably just go ahead and say, “Bring your guns.”
“We were targeted.”
There is ample evidence of that, exculpatory in nature and suppressed as inadmissible hearsay in an audio recording released near the end of the trial that set the defense scrambling.
The pattern persisted from the time the defense began to assemble its case, said Ms. Gotro. She would get emails from prosecutors that claimed either they had already furnished the items requested, or that it didn’t exist.
In the middle of the prosecution’s case, she caught numerous items of this type as the subject of direct examination questions of witnesses. Each time, she would stop the music, make a complaint of prosecutorial misconduct, and request dismissal of the three-count indictment.
The judge persistently overruled her objections.
At one point, she stalked from the courtroom, shouting at the top of her lungs.
“It’s criminal!” she said of the prosecution’s ongoing campaign of withholding evidence of an exculpatory nature.
After hours of deliberation on Thursday, November 9, jurors sent a note to the judge saying they were hopelessly deadlocked. He sent them to a hotel for the night.
About 10:30 on Friday, the jury foreman sent a note that said a mysterious Mr. P was deadlocking a count of the indictment 11-1, and later, at point in mid afternoon, the foreman indicated that the sands had shifted yet again, that the jurors were deadlocked on each of the counts, that further deliberation would yield no results.
He said some of the jurors, fearing economic hardship if they couldn’t get back on the job, were refusing to consider any evidence whatsoever.
They were finished, ready to walk away.
After sending the “dynamite charge” allowed by a Supreme Court decision to prevent deadlock, the judge examined the jurors in the courtroom.
The foreman said he couldn’t remember how many votes for and against acquittal had been cast. He just said they were deadlocked. His desultory affect announced to the world that this is someone else’s problem, from here on in, and the judge released them from their service.
In a brief hearing, he ordered all the exhibits returned to their original sources, which means that if a subsequent proceeding is initiated on the original charges, the discovery process will have to start all over again.
And with quick and effusive statements to the media gathered to hear the news, Ms. Gotro and her associates left the building the same way they arrived.
The family Carrizal, three brothers, a mother and father, strolled away to the parking lot, so relieved they were radiant.