F. Clinton Broden, Dallas defense lawyer, is mounting a challenge to a massive set of murder charges based on the falsehoods of provocateurs
WACO – The Twin Peaks prosecution has a future and it’s in Dallas.
When it comes to trials, the first Twin Peaks prosecution is as bad as it gets. A man sits at the defense table accused of a conspiracy that resulted in the capital murder of 9 men and the aggravated assault of another 20, and yet the prosecution continues to plod through the day questioning complaining witnesses who were not there, have no personal knowledge of the carnage, and can only offer their opinions based on experience with other motorcycle clubs – chartered organizations they call gangs. They are paid expert witnesses who do not have to leave the courtroom under the witness exclusionary rule because of a ruling by the judge to nullify a previously granted motion to invoke the rule by the defense. Tsk tsk.
Somewhere, it is carved in stone: EQUAL JUSTICE UNDER THE LAW
There is a future, and it’s named disqualification of the prosecutors who became complaining, “necessary” witnesses when they took over a police investigation and dictated the charging instrument, an affidavit of warrantless arrest identical in every aspect other than a blank space to fill in the name of the accused whose unspecified conduct resulted in the capital murders and/or aggravated assaults of unnamed individuals.
In a disqualification hearing held in August’s Dog Days, the officer who signed that document 177 times, yet had no personal knowledge of the events alleged, told the Court he had no contact with DA Abel Reyna after Reyna testified that he had instructed him to familiarize himself with all aspects of the investigation.
Personal knowledge of the alleged criminal acts so described is a cornerstone of any affidavit of fact in support of a warrant of arrest or search.
That testimony, so ably proven false by adroit questioning of the witness on the record was a falsehood about a falsehood, the fruit of the poisoned tree. The charging instrument drafted for an officer to sign by prosecutors acting improperly as investigators was essentially false, and Detective Manuel Chavez admitted that in his testimony.
A District Judge in Dallas made a finding of probable cause based on the Affidavit of Fact filed by attorney F. Clinton Broden. She requested the Administrative Judge for Dallas County schedule a hearing before a neutral District Judge who will either order the suppression of the complaint and thereby quash the indictments as what is known as “the fruit of the poisoned tree.”
For three days, Broden, who is an honors graduate of a top drawer law school, has patiently taken down detailed notes about the testimony he is hearing on a laptop in preparation for his effort at Dallas. He is joined by some of the top legal talent to represent motorcycle enthusiasts under indictment. They are Bill Morian, the attorney for Bandidos U.S.A., the mother club designated on the record by the State of Texas a criminal organization , and Millie Thompson, who represents Paul Landers, a member of Escondidos and an Austin produce merchant. At the defense table, Casie Gotro constantly challenges the line of questioning by objections as to its propriety, forcing a steady parade from the well of the courtroom to the Judge’s chambers while the jurors wait, or are sent to the confines of the jury room for further on-the-record arguments out of their presence.
When the future of the Twin Peaks criminal litigation arrives, it will be swift. The record is clear for the judge to see. This massively expensive experiment in the totalitarian tactics of a state that would arrange a gang fight, then ambush the participants so encouraged by undercover official authority to ambush their perceived enemies, the Bandidos of Dallas, as they arrived in a massively crowded parking lot on Harley Davidson motorcycles that weigh six hundred pounds, will be over before it ever got off the ground.
The Tsar and his Cheka were never so effective, with or without the help of the Cossacks.
The remaining question posed by learned counsel all abuzz all over the McLennan County Courthouse is this. Why is this farce of a trial even underway? The legality of the prosecution is under challenge in a bona fide court, the complaint duly magistrated by an affidavit that is not a falsehood. That should stop the music.
The aftermath of this ridiculous cake walk should be equally massive civil rights litigations and hefty judgments for the plaintiffs obtained in federal court. Behold, the true nature of law and order.
I am sincere.
So mote it be.
– The Legendary Jim Parks