‘Like Being Arrested For Speeding At The Indy 500’

MILLENIAL OFFENDER: Bobby Joe Nichols first registered as a sex offender in 2000 for a 1995 complaint of indecency with a child

Waco – Disgust spewed from a pretty young lady prosecutor’s mouth as she advocated what amounts to a life sentence for a man who allegedly molested his 14-year-old biological daughter in 1995.

From the witness stand, his sister testified, “He pleaded guilty just for probation.” Bobby Joe Nichols did not really commit the crime of indecency with a child with sexual contact, said Pamela Johnson.

“That’s what his attorney told him to say.”

Her inability to answer the rapid fire questions of the lady prosecutor with a simple yes or no built to a crescendo of rage between the two women, a conflict that polluted the air of the courtroom with a tension one could taste and feel, like a miasma of leaden sulfur lingering in the air.

Quite simply, she squeezed into her testimony over the prosecution’s loud objections, the opinion that her brother was the victim of a bad girl’s accusations, an unhappy family affair.

It was one of those very brief hearings that occur during a busy day in 54th Criminal District Court, a bare few minutes filled with bluff emotions that speak a lifetime’s history of misery.

The story tumbles out in a series of images and recollections too rapid to take in at first glance.

When the brief interlude that will serve as prelude to what amounts to a life sentence for a man suffering from a terminal liver problem was finished, his attorney remarked to the Judge, “I kept wondering this morning which case we were trying. This man has already served his time.

“It’s like getting arrested for speeding at the Indianapolis 500,” said criminal defense attorney Stan Schweiger. “It’s a technical violation of a law. He was there where he said he was.”

Judge Matt Johnson didn’t see it that way.

He sentenced Bobby Joe Nichols, who is 62 and suffering from a “bad liver” condition that is terminal, to 10 years in the penitentiary because he did not keep the Texas Department of Public Safety apprised of his exact address.

His long-ago victim, a daughter named Misty, alerted the Waco Police he had opened a business in his home. An investigation showed that his latest address as a registered sex offender as noted in their database in 2016 is CR 15, Tulia, Texas.

Nichols’ occupation is that of a truck driver. He operated on Texas highways six to seven days a week, according to his testimony. His sister Pamela said the longest she’s seen him stay put is the amount of time it takes to do a load of laundry before he’s back on the road.

In all those years, she said, she has never seen any evidence of his sexual molestation of a child.

During a lingering illness, his wife’s will to live dwindled to the extent that she lost 94 pounds, according to Nichols, due to chronic depression and anxiety. In her weakened condition, she required his care 24 hours a day.

At that point, he changed his business address to his home. He said it was his understanding of the rules regarding registering residence and place of business.

When the lady prosecutor cross-examined him, she asked wasn’t it true the couple were “about to be indicted” for sexually abusing “little children.”

In a rapid fire of questions, she asked him if he had not exposed himself with his genitals “tied up in a piece of string,” subjected his grandson to genital bondage, and inserted a dildo in the child’s anus.

He had no problem confining his response to a single word.

Nichols said no, no, and no to all those questions. When his attorney took over on re-direct examination, he answered the allegations about his grandson as “ludicrous.”

A father and son who served as character witnesses did not move the Court.

Deputy Brent Ewing of the McLennan County Sheriff’s Office recalled that he has known Nichols since he was “about 10 years old.” He raced cars with his father Kelly, and for two years he lived in their home during his father’s recovery from cancer. His father testified similarly. Neither noted any reason to suspect him of doing wrong.

The prosecution’s final remark to the Court was, “You will be saving a lot of little kids” from the prospect of sexual assault.

As a convicted offender who entered a plea of guilty in order to get a suspended sentence, Nichols has no right to appeal unless the Court gives him permission to do so. He acknowledged that in his hearing because his original “plea of guilty omitted some language,” according to Judge Johnson’s remarks at the hearing’s onset.

 

 

 

 

 

 

Twin Peaks Accused Move For Recusal of DA, Judge

Waco – Two defendants in the Twin Peaks cases moved for recusal of both the DA and the Judge, who are former law partners, in their trials for engaging in organized criminal activity.

Matt Clendennen saw a previous motion to recuse DA Abel Reyna go down to defeat after the trial Judge Matt Johnson of the 54th Criminal District Court denied the motion, the 10th District Court of Appeals reversed the decision, and the Texas Court of Criminal Appeals affirmed Johnson’s original ruling.

In a new motion, Clendennen and another defendant, Burton George Bergman, have made the motion to remove both DA Abel Reyna and Judge Matt Johnson from the case.

Dallas attorney F. Clinton Broden argues that in the original appeal, Judge Johnson abused broad discretionary powers by denying the motion in the face of clear evidence that the DA engaged in falsehood when he testified that he had personally admonished Detective Manuel Chavez to assure himself he could swear he had personal knowledge of the allegations in an affidavit of warrantless arrest prepared for his signature by a member of his staff.

When recalled to the witness stand, Chavez said he never saw or spoke to Reyna on the day in question, May 17, 2015.

He has renewed that argument in a new motion on behalf of both Clendennen and on behalf of Bergman.

In a memorandum of law, Broden explains that not only did Reyna lie on the witness stand, he has a financial interest in the conviction of Twin Peaks defendants because he has been named in a large number of federal lawsuits filed by defendants who allege he deprived them of their civil rights by having them charged in a non-particularized, broadly based fill-in-the-blanks probable cause affidavit of a non-specific complaint, that of engaging in organized criminal activity.

Reyna and his staff are in the position of being “necessary witnesses” in the prosecution as complainants and as prosecutors are precluded by the Code of Criminal Procedure from serving as officers of the court, according to the legal memo filed with the Court.

 

 

Improved Quality Audio Tells Tale Of Fatal Fire

Chris Leder Williams reportedly with Delvin Maddison cooking meth

Waco – An improved audio file of a half-hour conversation with a DEA agent that took place on August 9, 2012 reveals an informant’s words placing two members of the Aryan Circle prison clique at a murderous arson explosion and fire.

Ashley Dawn Rogers and two of her children lost their lives when a dispute arose in February of 2012 about cooking crystal meth at her trailer in a Bosqueville mobile home park on N. 19th St.

Delvin Maddison and Chris Leder Wiliams were there after cooking dope for many hours when the mother of three ordered them to leave.

Williams is said to be held in an out-of-state psychiatric facility pending a ruling that he is fit to face charges. The rest of the people mentioned in this case have been remanded to the courts of original jurisdiction to proceed to original sentencing in cases in which their sentences had been suspended.

They had previously been facing indictment for engaging in organized criminal activity.

The persons so convicted are said to be serving their time behind bars at lockups under federal contract by private operators at multiple locations in other states.

There is no statute of limitations on the charge of capital murder, and in this case, there are three counts pending when and if authorities are prepared to present the facts to a Grand Jury.

According to Josh Gunter, who may be heard relating this to federal officers beginning at minute 22 on the attached audio, “They locked the babies in the bathroom.”

The fire report turned in by Arson Investigator Lt. Kevin Fisk places the children in the rear bedroom of the trailer with their mother where they reportedly succumbed to heat in excess of 1,000 degrees fahrenheit caused by what was described as an unknown source.

Fisk resigned after proving his sanity to the Civil Service Commission several years later.

Gunter may be heard saying he had no idea there were three children, instead of just two. A third child escaped with the help of a neighbor.

Gunter came forward after a confidential source drove him to the federal task force satellite office at 6801 Sanger in this city. As he spoke, she made an audio recording with a device concealed in the back pocket of her jeans after visiting the ladies room in order to turn it on.

On the tape, you may hear him presenting his proffer of which cases he would like to be sentenced just so long he doesn’t “get arrested around my kids.”

The lady who made the tape came forward to correct an earlier account in which she was erroneously referred to as Gunter’s “companion.” He was already on probation in multiple locations in Texas and facing possession charges for a large quantity of marijuana.

Josh’s charge in Kingsville was marijuana greater than 50 pounds. I picked him up in Rockwall at his mom’s house on the morning of his meeting with the agents When we left the satellite office the U.S. Marshals guided me off the freeway in unmarked cars and took him to jail on the revocation of probation that same day within 20 minutes of us leaving that office. They called George Ryan Taylor and Taylor told them go ahead and pick him up, they don’t need him no more…

“LEGENDARY: Okay, then, quid pro quo, the arrangement was that they proceeded to original sentencing in a number of causes of persons involved and thereby disposed of three capital murder cases? I distinctly heard discussion of those cases, who knew what and when. I do regret I didn’t get the details exactly straight, but the net net is correct, no?

Close.. I wasn’t his companion. Lol

In that statement, The Legendary is wrong. No such charges have been disposed. They are open cases.

Former Lt. Kevin Fisk, who now works as a private investigator for the defense in the case against Dallas Bandido Jake Carrizal, has alleged that the deaths of Ashley Dawn Rogers and her children are the result of murder in which the weapon was fire.

Souls, Names – Taken – Or Given, For Something Here

INQUIRE WITHIN

STATUS QUO, SIR? WHY, THAT’S LATIN FOR THE MESS WE’VE DONE GOT OURSELVES INTO NOW…Court Testimony of a Texas Ranger

Waco – One can only pray that they died in a state of grace.

IS  THERE ANY SUCH THING AS QUID PRO QUO IN ETERNITY?

Further, one can only hope the conflagration following the intense explosion that melted the aluminum walls of the trailer was more merciful than the prospect of a life to be lived in these circumstances.

In this world, it matters a lot when you stop and listen to the players come and go from the rooms, their voices recorded in a medium of iron oxide particles magnetized and aligned in sonic patterns on a moving tape, or recorded in a digital medium under layers of spinning polymer on a disk or spinning hard drive.

The dreidel moves on, the players trade with authorities striving to influence the actions of grand jurors, magistrates, agents and judges, their actions spinning into an infinity of inertia, enshrouded in a mystery wrapped in the well-known terms of unexplained enigma.

Somewhere, at the bottom of the heap of ruin, in a time so well forgotten by a future unfolding now, the words taken down surreptitiously on an audio recorder in a woman’s back jeans pocket on August 9, 2012, in a sub-office of a federal narcotics task force manned by DEA agents matter-of-factly inquiring as to who has what dog in the fight, and what are they willing to trade for what they want, a pattern emerges.

It’s a sordid tale of sorrow, a recurring theme of which is terror, stark fear backed up by a constant threat of violent retribution for what can only be described as an insanely shifting litany of abuses in which snitches wind up in ditches, or get stitches – or something just as fearsome.

Men who have sacrificed their freedom and live behind bars for life call the shots, pick and choose who will die by fire, by the knife or the gun. They pride themselves on their Aryan origins, their steely resolve to be a kingpin player in a world in which the only rule is that there are no rules, where the inmates rule the asylum, the authorities are there to preserve the record and the judges only are able to make decisions on the interpretation of the law, its application to the facts found, and the proof is in the shifting sands of a learned judicial establishment.

When it is expedient, public officials resign, retire under duress, or accept other positions of less authority. One such person is former arson investigator Kevin Fisk of the Waco Fire Marshal’s office, who now works as a court-appointed private investigator on the first of the Twin Peaks cases to come to trial, that of Bandido Jake Carrizal. His story is of interest because of the sheer wall of silence that surrounds the illegal dealings of public officials involved in the investigation of the deaths of Ashley Dawn Rogers and two of her little kids. Rather than succumb to claims that his mind has been adversely affected, he accepted an early retirement and career changing lateral move to the private sector.

The record is made murky by bureaucratic maneuvers and rulings, but Fisk clears it up this way: “You always seem to leave the impression I left to avoid having to fight accusation of me sustaining mental defect. I did not even file my lawsuit until AFTER I had been ruled fully fit for duty, and had proven the city’s accusations wrong…

“I retired purely because of constructive discharge. ‘Either you can retire today, or go back to work until we find a reason to fire you, at which point you won’t be entitled to your cash-out pay and retirement.'”

And then the men who manipulate the system from their citadels inside prison walls mark themselves with indelible ink tattoos on their faces.

Mother of God, be with us now and at the time of our deaths… 

IT’S VERY TRUE, THE GOVERNMENT CANNOT COMPEL ONE TO PRAY, BUT IT SURE AS HELL CAN CREATE CONDITIONS THAT WILL PERSUADE ONE TO AT LEAST GIVE IT A TRY… – LEGENDARY JIM 

On a cold February night in 2012, an explosion of unknown origin from a mysterious source of sudden heat took the lives of a mother and two of her small children in a Bosqueville trailer park near the Brazos river banks.

The resulting drama led to the loss of jobs for the Chief of Waco Police, the Chief of the Fire Department, a number of detectives, and the sacrifice of truth in pursuit of justice.

Seven defendants indicted for engaging in organized criminal activity walked free of their fetters, some on them to return to prisons for unspecified crimes against the state committed in other places, other times. (click here)

And though this half-hour recording of poor quality audio is difficult to follow, listen carefully as a man and a woman appeared at a federal narcotics enforcement office in an ordinary commercial building at No. 6801 Sanger Ave., Waco, and negotiated their way to a better deal than the courts and prosecutors had offered.

It’s as cut and dried as a contract deal, a price for constructing a building, or the terms of a labor resolution to some obscure dispute.

It’s simply the way things are done, but its deadly parallels with the mess we done got ourselves in now stand out in stark relief, bold contrast to what is ideal and what is expected of our blindfolded goddess of justice, Themis.

Put in stereo ear buds and behold: Josh Gunter had been busted for trafficking in a controlled substance. His companion went to Kingsville and got him, transported him to the narc office and stood by while he bargained away – and all the while, the local authorities balked at just simply arresting the people implicated in a heinous murder by fire, fire allegedly used as a weapon, an act of capital murder, punishable by death if jurors suspect the actor is capable of repeating his actions on his fellow human beings if allowed to live inside a prison for the rest of his life.

Be prepared to take a shower and try to get yourself clean after hearing it out: Click here.

For folks who have difficulty loading the dropbox application, one need only click here to hear an .mp3 recording of the original .wav file.

 

 

 

Biker Activists Plan Fight As Twin Peaks Trials Begin

POLITICAL ADVERTISING CAMPAIGN DECLARED AT MEETING

Popeye Moss, president of Sons of Liberty Riders MC, quoted Saul Alinksky’s “Rules For Radicals” – “It only takes a few to make changes…”

Bedford – When an organization stops talking and put its money in the pie hole to pay for broadcasting and printing political messages, they’re serious. It’s on.

Said Mel Robins, vice president of Sons of Liberty Riders MC to a small gathering of activist bikers from the Metroplex and the metro Houston area: “You are in trouble. You may not know it – yet – but you are in deep, deep trouble.”

Murmurs of assent followed his declaration as the truth sank in.

The freedom of the open road, to associate with whom one may choose, express in language one’s thoughts, gather for fellowship – all is on the line.

Robins gave numerous examples, but none more stark than that of Queensland, Australia, where patched bikers are prohibited from gathering in groups of three or more without facing arrest.

There was dead silence in the meeting room at the American Legion Post when he spoke. Only 29 months ago, the world watched as lawmen pulled over and arrested all bikers in the Waco area on the off chance that they might be headed for the scene of a deadly shoot-out before a Confederation of Clubs meeting could even begin to discuss two key issues in the 85th Legislature – $17 million in motorcycle safety funds collected from bike registrations, and the law enforcement profiling of men and women who choose to ride together wearing signs of recognition – the patches embroidered in distinctive colors they call their rags.

In the days following the recusal of 19th Criminal District Court Judge Ralph T. Strother, a story has circulated throughout the state about a well-known Austin biker who was arrested after the police massacre that left 9 bikers dead, 20 wounded and 177 arrested for the very vague conspiracy offense of engaging in criminal activity.

This chap has written numerous resolutions and proposed bills – and he’s seen them passed by the houses of the Legislature before the Governor signed them into law.

His attorney Millie Thompson elicited testimony that made it clear Judge Strother had acted with bias when he participated with prosecutors to keep defendants separated as to their arbitrarily assigned suspected affiliation or sympathy as to either the Cossacks MC or the Bandidos.

He told certain people in the gallery in private remarks that his phone and personal property was labeled “Bandidos.”

He is a member of a completely different club, one that is totally separate from the Bandidos. When he told the deputy who was classifying him by his association, the man asked “What difference does it make?”

A lot. First of all, it’s not true. Secondly, why would the state wish to jump to some erroneous conclusion as that?

And then it hits people like a ton of bricks or two hundred pounds of turkey feathers hurled from a speeding box car: He wasn’t arrested and charged for his club affiliation; the authorities came down on him for his political activism.

These men are battle scarred by the road, hardened by war, many of them veterans of the military – industrial manufacturing industries of the mid-cities, who have operated their own businesses and led men into battles against both enemies and commercial competitors. They have no illusions as to what all this means.

Robins lets his remarks sink in, then his running buddy Popeye Moss set the hook with a fierce tug on the rod.

A group of riders out of Houston, associates of the Sons of Liberty, came into town the night before and when they left their motel rooms, the found police busy taking pictures of the machines, writing down VIN numbers, recording license plate registrations, and running radio checks on their owners.

These men know what that means, too.

They saw their challenge to what they see as mismanagement of a multimillion motorcycle safety fund for budget-balancing purposes and the sidetracking of any possibility of an anti-profiling bill evaporate like ether.

They are ready to fight back, now that the cases are coming to trial.

The best news they’ve heard: The Attorney Millie Thompson took the witness standing during a recusal hearing to remove 54th Criminal District Judge Matt Johnson from the bench in his replacement of Strother in the first trial scheduled, that of Jake Carrizal, who led the members of the Dallas Bandidos Chapter into a surprise ambush at the Twin Peaks. In remarks during cross examination by lead prosecutor Michael Jarrett, she replied that when it comes to motions to recuse the two judges in the cases, “There are more on the way…”

Most important, they plan to spend their money raised from websites on week-long radio and print advertisements headed by the legend, “People of McLennan County, Don’t Be Duped”

But audio tapes of the rousing remarks made by these activists tell the story much better than the recollections of any one reporter.

Watch these columns for an interview at the Courthouse Square in Waco tomorrow evening around dark-thirty.

Here is a portion of the discussion:

 

Murder Pleas, Wiretap And Exhibits Timed For Deadlines In February Bandido RICO Trial

San Antonio – it all depends upon whom you may choose to believe when it comes to the final adjudication of  murder charges against four men who allegedly carried out a 2006 murder at Austin.

Disposition of the cases of four men accused of murder in furtherance of racketeering on behalf of the Bandidos Motorcycle Club appears to be timed precisely with the dates leading up to the start of the Twin Peaks trials with the case of Jake Carrizal in 54th State District Court at Waco.

A quartet of suspects earlier reported in a trial balloon news story to have entered guilty pleas for their alleged part in the  2006 murder of an Austin biker accused of trying to start a Hell Angels chapter in Austin are yet to make their appearances before a federal magistrate to enter guilty pleas, according to court records filed this week.

Johnny Romo and Robert Romo, who according to mainstream media reports quoting government prosecutors are alleged to have been Bandidos will make appearances in Federal Magistrate’s Court on Friday, September 22, before Henry Bemporad at 10:30 and 2 pm respectively to enter pleas of guilty of murder in furtherance of racketeering, according to federal court records filed today.

Bandidos U.S.A. National President Bill Sartelle denied they were Bandidos when their arrests were announced last March. He said he had expelled them from the membership much earlier.

Their attorneys are ordered to bring the text of any plea agreements reached with federal prosecutors to their hearings.

Jesse James Benavidez, who is charged with the discharge of a firearm in the murder of Anthony Benesh III outside an Austin pizza restaurant where he and his wife took their children for dinner and Norberto Serna, Jr., will appear before U.S. Magistrate Judge Betsy Chestney on Monday, September 25 at 2 pm, and Wednesday Seeptember 27 at 2:30 pm, respectively.

These appearances are neatly timed to fit in a notch with preparations for the jury trial of former national Bandidos President Jeffrey Pike and Vice President John Xavier Portillo on Monday, February 5, 2018.

Motions are due in that case by November 11, plea agreements if any on or before a January 19 deadline, and exhibits and wiretapping evidence must be entered by DEA and other federal agencies by September 30, 2017 for approval by defense counsel.

The Twin Peaks jury trial of Jake Carrizal will begin a day earlier at Waco.

Two retired State District Court Judges who ordered Judge Ralph T. Strother’s recusal for bias made mention of his stalling tactics to delay the start of Twin Peaks prosecutions until some idea of the disposition of the federal RICO trials for alleged murder, extortion, drug dealing, and other offenses by Pike and Portillo could be obtained.

Carrizal’s case was targeted by prosecutors and judges, according to many attorneys involved with defense of the 154 persons indicted for engaging in organized criminal activity at a Waco political meeting to be held at Twin Peaks Restaurant because of the belief that it will be easy to build a case for his culpability because the gunfight seems to have begun when he and a few more than 30 other Bandits arrived on their motor scooters about 12:30 pm on May 17, 2015  for the Confederation of Clubs and Independents meeting that was aborted by the gunfight.

There is much evidence to be presented that a few members of the largely white Cossacks Motorcycle Club with ties to the Aryan Circle prison clique participated with undercover police to attack Hispanic members of the Bandidos Motorcycle Club, while most Cossacks were unaware of their machinations.

The mass shooting – much of it done by police armed with M-4 .223 cal. Patrol Rifles, left 9 dead, many of them shot in the back or the back of the head, and 20 wounded. A total of 177 were arrested for the totally amorphous conspiracy offense of engaging in organized criminal activity with no particularity specified as to the exact nature of each individual’s part in any such offense committed in combination with two or more other defendants.

 

 

 

 

 

Part Of My Defense…

PART OF MY DEFENSE STRATEGY – I’LL JUST TELL THE COURT -THERE IS MOTORCYCLE PROFILING TAKING PLACE IN THE STATE OF TEXAS NOW IN WHICH FIREARMS ARE CONFISCATED WITHOUT INVESTIGATIONS TAKING PLACE… – CASIE GOTRO, DEFENSE COUNSEL FOR BANDIDO JAKE CARRIZAL 

Waco – When they began to discuss the phones, their voices – the judge, the prosecutors, the defense counsel – they all lowered their voices, to the point where you could barely hear them.

The words “Adam Walsh Material” – a euphemism for child pornography – were audible – just barely – and there was a lot of drama about phones that have gone missing.

Out of 342 confiscated on May 17, 2015 at gunpoint at Twin Peaks Restaurant following a police ambush of hundreds of persons, 177 of them arrested for engaging in organized criminal activity, 20 of the wounded by gunfire, 9 of the left dead – most of them with quarter-inch bullet holes in the back, the prosecution and cops have tendered only 211, according to Casie Gotro . The cops have returned 42 to their owners, and that leaves 82 phones unaccounted for.

She can’t have a look at them, she said, due to resistance by law enforcement. “I don’t know how I’m supposed to investigate. I just want to see the phones,” she told Judge Matt Johnson of the 54th Criminal District Court.

Numerous women, all of them terror-stricken to this day, say that the uniformed patrol officers with the M-4 semiauto AR-15 style assault rifles told them to either give up their phones or they would shoot them in the head where they lay prone and helpless at point-blank range.

Judge Johnson replied, “I’ll allow you access to the phones.” DA Abel Reyna chimed in, “We can still take that date and return it. There is a way it can be done.”

That’s progress – after 29 months – you can call that progress.

Then there’s the matter of photo evidence. There is very little available, Ms. Gotro has found.

“Not one phone has photos on it.”

She has received a total of “sixteen fuzzy still photos” made by undercover DPS officers who were on-scene.

“You honor, they had five undercover people there. It’s hard for me to accept they only took 16 photos,” she said.

That set lead prosecutor Michael Jarrett in motion.

“You honor, it is what it is…They do not exist. She’s arguing with the Court. It is what it is. We could do this forever.”

Said Johnson, “If it can be produced, it should be produced.”

The conundrum centers around the necessity of the State to prove the chief allegation of complaint, that Carrizal was in charge of a criminal enterprise, that he directed the activities of that felonious throng of bad actors.

The pre-trial evidentiary hearing held on Tuesday morning, September 19, revealed the representatives of the State of Texas with dogging heels dug in, fully resisting the discovery efforts of the defense.

The second most consistent happening revealed in the hearing was the spectacle of the two elected officials, the District Judge and the Criminal District Attorney, both adamantly agreeing they have no problem, that they intend to cooperate fully – and yet there are still these pesky problems with those who have been ordered to turn over evidence.

For instance, everything started off with a bang when defense counsel Casie Gotro told the Court “It gives me a lot of anxiety” that Waco Police Offense Report No. 002 makes mention of 17 bulletproof vests.

“I’ve been through all the property rooms. Now I’ve got 17 people with bullet proof vests on…”

That sent the quartet of DA’s staffers scurrying in different directions with an investigator for the office, making copies and looking for more material. In the end, it was agreed that the software for the report form has a “pull-down” menu, and that this device has a rather vague reference about the vests on it.

Quizzed about just who was wearing the vests, was it the cops, Ms. Gotro said it was. Asked about the materiality of the bullet proof vests, she said, “I don’t know what they are, really.”

She shrugged at the mystery of it all.

The Office of the Attorney General fielded a young lady named Kelsey Warren who argued fiercely that any exposure of criminal records of those arrested that day is improper because the database – known as NCIC, and TexScan – is by statute reserved for law enforcement agencies only, under penalty of law.

For months, Ms. Gotro explained, she has been unable to get what she seeks through the DA’s office.

“It’s not an element for them to use,” said the AG’s representative.

Ms. Warren continued with the argument, saying that “We’re a third party.” Discovery procedure as defined in the the code of criminal procedure is between the two adversaries, prosecution and defense. “She couldn’t get what she wanted through the DA’s office, so she has gone around discovery…”

Judge Johnson answered both Jarrett and Ms. Warren by asking, “Where does it say they can’t subpoena anybody they want to?”

Ms. Gotro told the Court that an expert is scheduled to testify that 75 percent of the Bandidos are convicted felons.

“We do not anticipate any expert to testify as to the percentage,” said Jarrett.

Judge Johnson ruled against the state’s motion to quash the subpoenas served on the director of DPS or his designees, at least temporarily.

Both sides agreed to giving the state two weeks – until Tuesday, October 3 – to come up with the items sought, turn them over to the Judge, who will inspect them in his chambers, then make a judicial review of the law, and instruct them which parts to redact in accordance with the statutes.

Said Judge Johnson, “We’re going to slide everything back on my schedule.” The jurors summoned to appear on September 29 will be examined, the panel seated, and the trial will begin on October 9, he announced.

 

 

 

 

 

 

The Government Doesn’t Get To Decide What Is Life, Liberty, and the Pursuit of Happiness; The People Do

9/11 Survivor, War Veteran Col. Wm. P. Brandt speaks of magistration

Southlake, TX – The man was just down the corridor from where the airplane hit the Pentagon on that fateful day.

He survived, and he took the fight to Pakistan and Iraq. What’s more, he came home with everyone in his command alive and well.

Now, he’s a lawyer, and he is an announced candidate for Tarrant County Justice of the Peace, Precinct 3.

There are issues on the table, he says in this exclusive interview with The Sons of Liberty and The Legendary.

Chiefly, the United States is organized on the principle that We The People have granted the government its duties and rights; it’s not the other way around. We have no King, no monarch to decide which way of of living is proper as life, the terms of liberty, the bounds of a lawful pursuit of happiness.

We decide.

Respect for law and order is only part of the equation; “We have to do a better job of respecting freedom,” he says.

And so the duty of a magistrate is to approve affidavits of probable cause for warrants of search and seizure under the terms of the Fourth Amendment. These instruments must be specific as to the items sought, the personal knowledge of the affiant as to their whereabouts, the time and place of his observation, the reason for the seizure of the property so described.

This narrative, probable cause affidavit and search warrant is vague as to the actual items to be searched for at the premises named. It merely states that an accused offender came onto property as a trespasser, moved an object to another location, and then left in her vehicle.  It doesn’t cover the four corners demanded in search warrants by conscientious magistrates. 

“A judge is under no obligation to sign anything until he is satisfied,” he said.

Satisfaction comes in the form of the “four corners,” the legal test that everything in an affidavit is proper to serve a warrant of search and seizure.

And then there is matter of arrest, in which the same fundamental rules apply as to the name of the accused or an accurate description of the alleged offender, a narrative of the personal observation of witnesses or the peace officer, the date and time of the offense, and the particular act that is unlawful and therefore an alleged violation of statutory law.

In this transcript from a a disqualification hearing, you will find the words of a Waco police officer named Chavez who swore to items of complaint of which he had no personal knowledge, and then applied them to an identical fill-in-the-name affidavit of probable cause for the arrest of 177 persons with no particularity of allegation of complaint. Both the motion for disqualification of a District Attorney failed by the trial  judge’s denial, and an intermediate appeals court denied mandamus relief on the issue.

According to a civil rights lawsuit filed by Dallas attorney Don Tittle, “The probable cause affidavit signed by Manuel Chavez on May 18, 2015 fails to identify even one single fact specific to Plaintiff to support probable cause…”

Anything less is simply unconstitutional, defective, and thereby unworthy of magistration, search, seizure, or arrest – none of which is a presentment of guilt in a court of law. That is, an American court of law.

There is no such thing as a general warrant, one of the main sources of colonial activism and the irritation of the patriots who made a declaration of independence from Great Britain among the list of particular grievances described as “a long chain of abuses” visited by the monarch, King George III, upon the citizens of the 13 colonies.

Col. Brandt is a candidate for Justice of the Peace, Precinct 3. He took out a half-hour of his time to explain to we the people just how the mechanics of constitutional and procedural law, the rules of evidence, and common law holdings of the American courts apply to the thorny issues of a world constantly at war over terror, the ill behavior of men, and the allegedly unlawful actions of their various governments.

His jurisdiction would be situated in the highly trafficked land of a magical spaceport buffering the rest of the world, an entire globe any part of which may be reached in a matter of hours through jet propulsion – DFW.

The Metroplex and its huge airstrip serve as a backdrop to all that has gone before, both past and prologue to what is the ever unfolding reality of the present.

So mote it be.

  • The Legendary

 

The Curious Case Of Matt “The Knife” Clendennen

Waco – Matt Clendennen is still struggling to get his day in court. He’s charged with engaging in organized criminal activity.

That’s a conspiratorial offense, a charge in which if violent crime led to a killing calls for an enhancement paragraph specifying the offense was aggravated by a capital murder, and/or aggravated assault.

Serious business. That charge can get a malchik a minimum of 25 and not more than 99 years confinement in the casa de calaboose.

The record shows clearly that he rode his motorcycle up to an establishment named Twin Peaks Restaurant in this city, a place where the waitresses dressed in shorts and checked flannel shirts unbuttoned clear to there, which accentuated their boobs.

Check the logic.

Matt Clendennen was once a member of the Scimitars, a club affiliated with the Cossacks, which according to jail records and recent court testimony makes him a one-time member of a club that guaranteed his classification by law men as a “low-ranking Cossack.”

That is, if you speak Martian.

Clendennen is from Waco. His dad is in middle management at Baylor University; he’s an old grad of the green and gold mob with the bear mascots. He operates his own business, a landscaping service for corporate clients.

According to his attorney, F. Clinton Broden, “There is absolutely no dispute that Mr. Clendennen did not have any participation in the violence that occurred at Twin Peaks of May 17, 2015. In addition, Mr. Clendennen possessed no weapon on May 17, 2015 except a small pocket knife which was a Christmas gift from his parents and which he always carried. Mr. Clendennen is no longer a member of any motorcycle club.”

The U.S. Supreme Court has outlawed practices “which pose a threat to the ‘fairness of the factfinding process’” must be subjected to ‘close judicial scrutiny.’”

Broden wants a hearing in the 54th Criminal District Court to provide that close judicial scrutiny. What will the judge be looking at?

Check the logic.

Clendennen rode his motorcycle up to the restaurant, alighted and sat down at a table on the patio reserved for a Confederation of Clubs and Independents meeting, of which his former club is not a member, and ordered a bottle of water.

When the shooting started, he hit the deck, went into the low crawl and made it to safety under cover where the furious gunfire from police rifles could not find him.

So, why are there at times as many as 8 uniformed officers in the courtroom?

Broden has an answer to that question, too. (click the underlined copy to read the motion) 

He says that the state wants to prejudice the jurors by making them think there is an imminent threat of the Bandidos starting a gunfight in the courtroom.

That’s why the judge should make a record of his findings and conclusions as to why he finds it necessary to order extraordinary security precautions in case there is any post-trial appeal which demands such documentation.

There’s something else to talk about, too. During the three weeks he spent in the Jack Harwell Detention Center, he called his attorney on a jailhouse phone and it automatically recorded what he and his lawyer had to say to one another.

There is an audio file of that call, and it got mixed in with the discovery items supplied to the prosecution. When Broden made a motion to get that material, it came to him.

The conversation is privileged because it took place between an attorney and his client. The courts say it can be recorded for security purposes, but not for purposes of discovery by the prosecution to use as evidence. 

He thinks that Abel Reyna should be disqualified, along with his staff, from prosecuting Clendennen for something he clearly did not do.

So, he’s asking that if the judge can’t disqualify the prosecutor, he should dismiss the charges against Clendennen.

Such a deal.

So mote it be.

– Legendary

 

Agent Provocateur, Narc Incited Twin Peaks Fight

ALLEGATIONS BY BIKERS PIN BLAME ON FORMER COSSACK

Former Cossack Nomad Owen “Big O” Reeves 

“Criminal cases are like milk; they don’t improve with age.” – Criminal District Attorney Abel Reyna, on the campaign trail, ca. 2010

Waco – Let’s call her Live Wire, a road name earned by her fortitude and stamina on a run, bestowed by a brother biker.

When she heard Assistant Prosecutor Amanda Dillon quiz a witness at a recent recusal hearing about how the Cossacks Motorcycle Club adopted the 1%er patch of the outlaw motorcycle “gang,” she moved fast from her spot on the social network from a spot far out of town to say it just isn’t so.

Her allegation: Only one clique in the Cossacks MC did any such thing, a chapter led by Owen “Big O” Reeves, who allegedly has ties to the Aryan Circle prison clique.

Reeves was arrested at Twin Peaks on May 17, 2015, among 177 persons; his stepson was killed by a bullet to the back of the head.

He had been at the location on a number of occasions in the weeks leading up to the violent confrontation that left 9 men dead and 20 wounded.

According to a blog entry by Amy Irene White, “The Wicked Bitch,” he and a Waco narcotics detective named Jason Barnum confronted members of the Confederation of Clubs and Independents who appeared there on bike nights organized by the owner.

One time, “‘Big O’ Reeves and another Cossack cornered a CofC member and got really belligerent, trying to coerce him into a fight…”

His companion, according to multiple informants, none other than the Waco narc, Barnum, who later lost his job because he punched out a doctor he believed to be having an affair with his wife.

“In the ensuing weeks, Owen and his little friend seemed to be on a mission, privately ‘meeting’ with various members of the Cof C attempting to convince them to abandon the coalition and making that ridiculous noise about ‘paying dues to the Bandidos,’ which, of course, no one except a cop or a reporter on CNN would believe anyway.”

But there’s an interesting twist to the story. Big O never put a 1%er patch on his cut until after he became a Nomad, and that wasn’t until after the violent events at Twin Peaks. When he did, the Cossacks’ national leadership ousted he and his followers, said they would send national sergeants-at-arms to reclaim his colors. All are reportedly out in bad standing, indefinitely suspended from the Cossacks and not likely to ever be allowed back in the fold.

According to an on-line guide to biker lore published by the two-wheeled cognoscenti, By definition a “NOMAD”, more often than not, will be traveling alone and needs an ability to represent, maintain & otherwise survive under circumstances unusual from the norm.”

WELCOME TO THE NFL

As to who would believe the allegation about collecting dues for the Confederation of Clubs as a valid complaint from a federal prosecutor’s pen, there is little doubt.

The Bandidos believed it.

In an exclusive interview granted in March of this year, then Presidente of the Bandidos MC, U.S.A., Bill Sartelle revealed that the club no longer helps collect dues from members of the Confederation, that it is now a non-profit 501(C)(3) corporation with a structure similar to that of the NFL, all its appendant clubs being similar to franchises of the professional football organization.

In fact, Sartelle let us know there is no war with the Cossacks – or anyone else – that the notion that the clubs rumbled over a Texas “rocker” on their jackets, territory, or anything of the like, is pure nonsense. 

It looks like the cops don’t know how to make such fine distinctions. Knowing about the friction, and the potential for violence, a Patrol Watch Commander of the Waco Police Department made his move by calling on John Wilson, president of the Waco Cossacks Chapter, at his place of business then located on I-35 in that city.

Reeves and his fellow Cossacks hail mostly from Bell County, and Reeves himself lived at Bruceville-Eddy, near the county line.

According to a police report , the police commander encouraged Wilson to go to the planned COC&I event of Sunday, May 17, in order to spread oil on the waters.

CLICK ON IMAGE FOR LARGER SIZE 

Six days earlier, on March 22, Cossacks had forced a lone Bandido riding his hog to a filling station at Lorena, Texas near the 322 mile marker on I-35 off the road where they beat him in the head with ball peen hammers.

The same day, at Gordon, Texas, on I-20, near the Cossacks’ redoubt at Mingus, motorcyclists at first misidentified by cops as Bandidos had beaten a Cossack as he attempted to fill his scooter with gasoline at a truck stop. They later confirmed their affiliation was that of the Villistas, according to defense counsel Casie Gotro. 

On the 28th, the cops were watching carefully as Bandidos gathered at the Flying J Truck Stop on I-35 at New Road, about a mile from Wilson’s Legends Cycles, which was at that time located near the intersection of Valley Mills Dr.

It was all part of a running battle that had raged up and down I-20 between Odessa and Abilene, one fought with hammers, knives and clubs. The Waco cops, who weren’t having it, were part of a much larger federal task force in which officers from small towns, sheriff’s departments, the Texas DPS, as well as federal agencies such as BATFE, FBI, and DEA worked on federal indictments. The Waco substation of the effort is headed by a Texas Department of Corrections staffer from the Office of the Inspector General, who coordinates his operation with the Lone Star Fugitive Task Force.

That organization is similarly staffed; its members serve arrest warrants on accused offenders and those ordered back to prison on “blue warrants” for alleged parole and probation violations.

“If they had just arrested the ones who assaulted the Bandido at Lorena, the whole thing would have been settled,” our lady biker friend from out of town believes. She’s not alone. There are numerous defense attorneys who are doing some serious investigation into the matter.

HASSLE HAS ITS ROOTS IN A MUCH EARLIER BEEF

It is perhaps entirely ironic that the affidavit of warrantless arrest that led to the jailing of 177 persons at Twin Peaks after the violent ambush of the Bandidos by Cossacks and the shooting from ambush by cops who concealed themselves outside the fracas as it developed while video surveillance cameras took it all down from dashboards and pole-mounted devices alleges the conspiracy offense of engaging in organized criminal activity that led to capitol murder, and/or aggravated assault.

Like the federal charge, it calls for a lifetime behind bars upon conviction for engaging in a felony crime in combination with another person or persons.

Two years prior, the Aryan nations of the penal system had reached a compromise with the federales and locales following a series of events resembling a comedy of errors in a macabre funhouse of murder by arson, assault by a syringe filled with methamphetamine forcibly injected into a woman’s neck, video of the molestation of a child, car theft, and, of course, meth cooking and dope dealing.

When a mother of three lost her life and two of her small children perished in a sudden explosion and blaze at a Bosqueville trailer park, the investigation led to a parallel operation carried out by Waco police looking into just how and why a clique of dopers sold a car to an area dealer, stole it back, then secreted the purloined Mustang under a tarp near Bruceville-Eddy.

Seven people faced an indictment for – you guessed it – engaging in organized criminal activity – until Assistant DA Michael Jarrett demanded to know the names of the confidential informants who provided the information that led to the arrests.

That’s when veteran Detective Sherry Kingrey refused to cooperate, her move backed by the Chief of Police Brent Strohman, and his entire chain of command.

After 19th District Criminal Court Judge Ralph T. Strother, who has been recused in four of the Twin Peaks cases for bias against bikers alleged by their defense attorneys, examined the confidential notes of the detectives, he said that in 19 years on the bench and a long run as a prosecutor prior to that, he’d never seen anything like it in his life.

When he wound up telling the cops and prosecutors to settle their differences in private, DA Abel Reyna announced he was going to decline to pursue the prosecution of the indictments.

We of the Legendary obtained the entire police file in a Public Information Act request following an oversight by the Waco Police to comply with an appeal deadline.

A bad scene, it definitely qualifies as a precursor to what was to come two years later, at Twin Peaks. As a result, a fair representation of Texas’ activist motorcycle enthusiasts have been legally isolated, silenced by conditions of bond, surveilled and prosecuted to an extent unprecedented by anything seen previously.

So mote it be.

  • The Legendary