Video discovery from officer’s car implicated in shooting must await ‘analysis’ – agreement

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Officer Michael Bucher with some young friends at a local school

 Six Shooter Junction – Video from DPS pole cameras and in-car video from Waco Police Officer Michael Bucher’s unit will not be provided until “after analysis” if attorneys sign an extensive “agreement on discovery and nondisclosure of evidence,” an examination of the proffered document shows.

Officer Michael Bucher is an alleged shooter involved in the rifle fire of Waco Police Officers on May 17 at Twin Peaks Restaurant at a Confederation of Clubs meeting that left 9 dead, 20 wounded, and the arrest of 177 persons. A Grand Jury in November cleared he and two other officers of any wrongdoing in the shooting death of a fleeing robbery suspect. Bucher is a 10-year veteran of the Waco Police Department who has extensive plainclothes experience as a narcotics officer. His wife is also an officer employed by the Waco Police Department. 

A large number of the defense bar representing clients indicted or as yet unindicted but charged with conspiracy to commit capital murder by participating in “organized criminal activity” are in open revolt at signing any such agreement.

They say it’s not legal. Under the new rules of discovery, it is unlawful for the State to put any conditions on what will be turned over as evidence or exculpatory evidence. 

They and specialist members of the Texas Criminal Defense Lawyers Association held a press conference on Thursday, Nov. 19, to say as much, citing the amendment to the discovery rules in Article 39.14 of the Texas Code of Criminal Procedure known as the “Michael Morton Act.” Morton served nearly three decades in the penitentiary for the beating murder of his wife before exculpatory evidence surfaced which had been concealed by the prosecutor, who was by then a sitting judge at Georgetown. DNA evidence proved that a “monster with red hands” his son told an investigator about actually killed Morton’s wife.

The agreement, which includes four pages of inventory of what materials will be provided, stipulates the following, a requirement in order to receive the materials so requested, which is the legal, constitutional right of any person charged with a crime in Texas or in the United States at large.

*NOT INCLUDED IN THIS PACKET AT THIS TIME IS DPS POLE CAM VIDEO AND MICHAEL BUCHER IN CAR VIDEO WHICH WILL BE PROVIDED AFTER ANALYSIS. ANY ITEMS RECEIVED AFTER AUGUST 31, 2015 WILL BE PROVIDED IN SUPPLEMENTAL DISCOVERY. THIS DISCLOSURE DOES NOT INCLUDE CRIMINAL HISTORIES, ATTORNEY WORK PRODUCT OR OTHERWISE PRIVILEGED INFORMATION IF APPLICABLE.

The entire document may be viewed by clicking here:

https://www.dropbox.com/s/c3pmnohqdsfuyqy/-1448027592-Rd.%202.%20TWIN%20PEAKS%20DISCOVERY%20TABLE%20OF%20CONTENTS-2%20%281%29.pdf?dl=0

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