David Wayne Spence’s Vision From Boot Hill

Before he died in the Texas execution chamber, the convicted murderer David Wayne Spence made sure his son understood what he wanted.

The result: Jason Spence has three goals in the petition he filed in District Court at Austin, Texas.

  1. He wants to clear his father’s name in the Lake Waco murders.
  2. He seeks closure in his grandmother’s murder; Juanita White’s death is an open case.
  3. He seeks money damages for the wrongful execution of his father.

An invited guest as his father’s execution in 1997, Jason Spence has experienced severe mental trauma in the years since then. “I’ve been in and out of psych wards,” he recalls.

Each day is a waking nightmare. Terrifying images flash through his mind. Sounds and sights recall painful memories, recollections freighted with horror. He has spent his entire adult life seeking relief from the trauma of his father’s execution, and his grandmother’s murder.

He suspects his brittle diabetic condition and chronic pancreatitis results from medical care.

Before the execution, the father and he agreed that they wanted his exoneration in the killing of three teenagers who had lived at Waco’s Metodist Home, sexual assaults and mutilation knife torture-killings he went to his death insisting he did not do.

Since that was unlikely, David Wayne Spence agreed the next best goal would be to seek redress in the courts, including money damages to provide for his children and grandchildren. He swore his son Jason, then 20, to that goal.

But it’s the evidence used to send his dad to the execution chamber that bothers him the most. His original problem was trying to figure out why he was in jail for something his father couldn’t really explain, even to himself. Jason Spence thinks his dad was killed due to political expediency. The local powers had to find a quick and plausible solution and David Wayne Spence looked just like what they were seeking, he says.

One of his greatest resentments is that the mainstream media misquoted his father’s final words as the lethal chemicals began to flow into his blood stream.

David Wayne Spence looked directly at his family and said, “I am not guilty of this crime. I am going home.”

His second greatest concern is that the case the elected District Attorney Vic Feazell made to two central Texas juries is lame enough to need crutches.

First of all, why didn’t the defendants just run in three different directions?

Secondly, how did they get to Speegleville Park across Lake Waco from where the prosecutor claimed they were killed, at a park on Lakeshore Drive?

And, then, where is the vehicle they were transported in? There is no physical evidence to prove they were transported in any of the vehicles the state theorized they rode in. No blood, hairs, fibers – nothing.

If Raylene Rice was the target of a murder for hire conspiracy, why wasn’t she killed first – alone? Why would his father agree to kill someone he did not know, a crime for which he had no motive?

The expert testimony about the bites on Jill Montgomery’s body has been discredited as junk science.

His saga really began when the former wife of Vic Feazell, Bernadette, contacted him with an offer of help. She visited eight law firms with track records for just the kind of litigation Jason and David Wayne Spence planned so long ago, in 1997. “Only one didn’t throw me out,” she recalled.

When he surveyed the petition prepared by the Jay English Law Firm of Dallas, he was shocked at the exculpatory evidence assembled for a judge’s inspection.

He blames Skip Reaves, who defended his father in a losing battle to avoid the death chamber, for the fact that DNA samples taken from Ms. Montgomery’s fingernails has never been tested to eliminate his father as a suspect. Reaves is heavily identified with the Innocence Project, which relies heavily on DNA tests to exonerate defendants falsely convicted in the past.

He says the judges involved in the case and Mr. Reaves are conspiring to keep the evidence from being transferred from the Ft. Worth Medical Examiner’s Office to the University of Texas Forensics lab.

Legal appeals of his dad’s lawyers fell on deaf ears when then Governor George W. Bush turned down a clemency petition seeking reprieve of his death sentence. He says he thinks the powers that be conspired to bring his execution on swiftly for the express purpose of preventing his exoneration any time soon.

Prior to his execution, David Wayne Spence cautioned his mother, Juanita White, not to turn over a letter she felt contained evidence that would convice a jury he was innocent.

She ignored his advice. Soon after she turned the letter over to Vic Feazell, says Jason Spence, his grandmother was found brutally murdered. Not long after the crime scene was released by the Waco Police, someone broke in the house and took away more of the documentation she had stored in records boxes.

A man later proven innocent served a long stretch in the penitentiary for her murder. Her case remains open.

He had a chilling vision of his grandmother standing in the doorway of her house in North Waco, a piece of paper in her hand.

In all the intervening years, that vision has never left the second sight acquired by Jason Spence that day in his childhood.

We do apologize for the poor quality of this audio file. In the final interview, the fidelity will be much improved. – Legendary

JASON SPENCE IN PROFILE, THE FIRST OF THREE INTERVIEWS ABOUT HOW HE LEARNED OF HIS DAD’S CASE AND THE EXECUTION OF DAVID WAYNE SPENCE, HIS FATHER…

LEGAL ACTIVIST TOUTS TOWN HALL JAM THIS WEEK

According to Bernie Feazell, the Congressional Review Act is under attack, though it’s been law since 1996, and may be filed with any Congressman.

A product of the Contract With America program passed during the tenure of Newt Gingrich, “They are trying to repeal it,” said Ms. Feazell.

In remarks on a Texas Biker Radio show sponsored by All for 1 and the Sons of Liberty Riders MC on Monday evening, she said any Congressman must allow the person who makes a request to follow through.

We don’t always win every battle…”

You don’t have to be from Texas to get action from a Texas Congressman. The point is, you could be anywere in the U.S. and request review of the McLennan County DA’s office – and get it!

We have little petty power brokers who won’t give out any information, and do anything they want to do,” she added.

Said Popeye Moss, “There are people trying to circle the wagons for these folks.”

An FBI agent has set up an investigation of the dealings of the Waco DA’s office by establishing a network of informants. This is a story of how a judge suppressed that information in a hearing last week for a Twin Peaks defendant who is seeking exculpatory information about a federal investigation.

In Waco, there are future generations forming reasons for blackmail, Bernie replied.

She mentioned a young man with a problem who has been told that for $15,000, they can make his problems go away. “He is scared to death,” she told Moss.

The target is a virtual Town Hall Meeting to be held by Congressman Bill Flores, podcasting from D.C. through his offices in Bryan.

The idea is that calls and questions are more easily screened.

The technological town hall for Brazos, Bastrop, Burleson, Lee and Travis counties will be from 6:55 to 8 p.m. on Thursday, while the town hall for Falls, Freestone, Leon, Limestone, McLennan, Milam and Robertson counties will be at the same time tomorrow, on Tuesday.

To prepare a question regarding Congressional Review of the FBI investigation of the Abel Reyna DA’s office, one need only use this handy matrix. Send it in, and the screeners in Flores’ office will probably be hard pressed to delete the requests fast enough.

Ms. Feazell recommends cutting and pasting the following into Flores’ Town Hall form, as below. Note the link to a rundown on exactly FBI agents turn citizens into “assets.”

Dear Congressman Flores,
     I am asking you for a full CONGRESSIONAL REVIEW of the Government Act Regarding Confidential Informants as stated in the law.

http://www.gao.gov/assets/680/672514.pdf

 
     In 2013,  FBI agent, Dan Brust,  made members of the staff of the McLennan County District attorney “informants”,  this is proven by the “one symbol number” remark above,  and his instructions to them about “reporting”.  Surely if there was an FBI investigation,  what more does the FBI need to make a case than what they already had four years ago.  If there is NOT a case,  then the people above who have risked their careers being “informants” probably would have acted in different ways durng the four years on the job,  especially with TWIN PEAKS.  Has this FBI agent just left these people on their own?  This is not a matter of Homeland Security,  this is a matter of an FBI agent,  a possible corrupt DA, and several unpaid FBI unformants.  We ask that Congress initiate a full investigation of this matter immediately and its ramifications in Waco with TWIN PEAKS and the questionable,  at best,  activities that day.
 
     I demand this Congressional Review and ask full Congress to openly investigate an The Act of Informants above.
 
Yours truly,

It’s a numbers game.

To hear the podcast discussion, click here: http://www.blogtalkradio.com/solr/2017/11/28/congressional-review-special

To be added to Flores’ call list, go to

flores.house.gov/liveforum/

To understand the legal principles that make this body of activism important, read, absorb and thereby understand this brief of Bagley v. United States, regarding exculpation through discovery of certain key facts.

United States v. Bagley

– The Legendary

Seeing What Is Presented

A TALE OF AMBUSCADE – TWICE TOLD – IN SUPPORT OF A WAR

THE MYSTERIOUS MAN IN KHAKIS AND A BLACK WINDBREAKER

If an injury has to be done to a man it should be so severe that his vengeance need not be feared. – Niccolo Machiavelli

Waco – The State of Texas targeted Los Bandidos, the alleged outlaw criminal organization so designated  – not once, but twice – at drinking establishments in Ft. Worth and Waco in December, 2014, and again in May, 2015. 

In both cases, the nature of the assaults carried out are so precisely similar in execution and the people used to do the dirty work, their personal characteristics, and their behavior in the aftermath, are so much the same, the true circumstances are astonishing to behold. 

In war, a man is limited only by his ability to pay attention to details – tiny details – the matters that shape his ability to survive the organized violence coming down on him.

Surely, in nearly three years’ time, one may begin to apprehend the nature of civil war. That is, organized violence carried out by government to enforce its will on the people of the nation is not just a tableau of brutish and purposeless bloodshed.

Far from it, the nature of the civil war is that of horror – terroristic tactics played out for the benefit of a people who are allowed to see only what the most powerful elements of society will allow them to behold. Their perceptions of what is happening on stage are as carefully managed as those who witness an opera.

That is the state of the art of brush fire warfare – tribal, secretive, irrational, and always abundantly violent, swiftly vindictive, absolutely inscrutable as to the motives of those who pull the strings from above.

So, what is on trial here? The very ability of a man or woman to defend themselves against the organized criminal violence of the state acting in combination with other criminal organizations – that’s what.

The legal underpinning of this phase of the war is known as RICO – racketeer influenced criminal organization – a body of federal civil and criminal law aimed at what the banditti  have always relied upon to establish their control of redoubts untouched by the feudal lords and ladies, that is, their association with others.

Long before the feds had a name for that, their enemy, the banditti from the hills far away in a country where they turned back time, called themselves “the combination” in honor of their status. They considered themselves men of honor, and they still do today.

Acting in combination with two or more others, the prosecutorial goal throughout the history of jurisprudence was always to prove beyond a reasonable doubt they had influenced the people who operate in places high and low to bend to their will through means just a quarter bubble off kilter, thereby enriching their coffers with coin either untaxed or unearned – or both.

Thus, RICO, latin slang for rich, or the nickname of Enrico – Henry – the dude the Anglos call Hank.

To make the RICO laws work in court, one must first prove predicate offenses, serious crimes such as the five classic felonies – murder, rape, robbery, mayhem, arson.

One such predicate is to prove that the outfit thus targeted is a criminal street gang, and that is why the ambush is so important in the eyes of we the people.

If one is proven a member of any such outlawed clique, then it is illegal to defend oneself through any means because it is considered illegal for a person sentenced to the status of an outlaw to bring violence into the arena, and then claim he was only defending himself.

Thus, the true nature of outlawry, and that is an ancient concept prohibited by our Texas Constitution in Article 1, Section 20.

To be proven “out law,” one must have been a person, group, or thing excluded from the benefits and protection of the law, a person under sentence of outlawry.

How is that done today? It’s done he same way it was done in medieval times – without due process of law. One need only be proven to fit the criteria printed in a manual published by the Department of Justice, or the Texas Department of Public Safety.

Having proven that, the authorities are then disposed to charge a jury with finding the facts of a murder, aggravated assault, kidnapping aggravated or simple, sexual assault, continuous sexual abuse of children, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, unauthorized use of a motor vehicle, gambling, promotion of prostitution, unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons – and the list goes on, and on, and on…

Possible sentences include life without parole, life or for any term not more than 99 years or less than 30 years in the case of continuous smuggling of persons, or life or any term of not more than 99 years or less than 15 years if the most serious offense is an offense punishable as a felony of the first degree…and so forth.

Serious business. Indeed.

NOT LONG BEFORE THE DECEMBER NIGHT IN 2014 when Bandido Howard Baker, the “Drifter,” and his compadres rode into an ambush at the Gator’s Crowd Inn on Race Street in the Riverside District of Cowtown, he suffered an injury in a collision while riding his Harley that nearly severed his foot from his ankle.

Drifter, who was President of the Ft. Worth Bandidos at the time, is doing a long stretch in the penitentiary.

He refused to give his permission to have the foot amputated, so when he arrived at the bar following a card game at the Bandidos Club House on a Church night, he was a little slow on the uptake. It took him a hot minute to dismount, get his cane situated, and start the laborious progress toward the door for his trip through the bat wings.

He never made it. The Bandits who went in the door came right back out, stumbling backward in a hail of bullets.

Folks say one Bandit made it through the back door and circled around the building, hollering that they were shooting in there.

Members of the Ghost Riders and Wino’s Crew had arrived only a half-hour before and lay in wait with their guns unlimbered and ready to go to work.

Conventional wisdom has it that Wade and Megan Smith persuaded their customers at the 2500 Club to split that scene at the bar they owned, closed up shop, and headed to the Gator’s Inn for a nightcap.

No one has figured out how the coincidence occurred, that the people most likely to be so glad to run into one another would just happen to bump at such a precisely timed juncture, but there it is.

Drifter just always kind of pissed Wade off, and vice versa,” said a reliable source. “No one really knows exactly why.” The world is filled with mystery.

When the gunsmoke cleared, Geoffrey Brady, a 41-year-old Arlington man, lay dead on a patio outside the building. Witnesses told how Megan Smith was seen blasting away with a .40 cal. pistol from her position in the patio area.

Bandits beat it to a neutral clubhouse, the Patriots’, and hung out to see what would happen next. The cops waited outside for nearly four hours, until the Drifter said, what the heck, let’s find out what they want.

They took note of identification, made photos and got pedigrees of all concerned, confiscated no weapons, and went on their way. They also did no ballistics tests on weapons.

Baker had no gun, and his hands tested negative for gunshot residue. When his trial came in June, 2017, his lawyer City Councilman Jim Lane, a real estate lawyer heavily involved in airport and industrial development, cross examined state’s witnesses in a desultory fashion, and when the prosecution rested, so did he. The defense called no witnesses.

Originally charged with an array of ten counts including murder and unlawfully carrying a pistol, Baker stood trial for engaging in organized criminal activity and directing the activities of a criminal street gang, indictments for which he was charged only a month previous to his trial. It was a paper ambush, that time.

Curiously, Brady died because of two wounds from a .40 caliber pistol.

Jurors recommended a sentence of 45 years, but they did acquit him for carrying a firearm. No one ever located a weapon, but one witness did say she saw him firing a gun at Brady.

Curiously, no one bothered to look into the fact that the Drifter was standing in an area where a bullet would have had to pass through the bricks and mortar of the building in order to hit Brady.

Police arrested two other Bandidos, Robert Stover and Nicholas Povendo; they are yet to stand trial.

What of Smith, the president of the local Ghost Riders chapter? He made a deal for he and his wife to serve as witnesses following their arrest for the aggravated assault of a man with a broken beer bottle.

When the Ghost Riders insisted he leave their ranks, he merely ordered new Ghost Riders patches and had his men sew the colors on their riding vests.

Back at it again.

THE CONFEDERATION OF CLUBS in two regions, DFW, and Central Texas/Austin scheduled a meeting at the Twin Peaks Restaurant in Waco.

Police cautioned the management of the theme bar not to allow the meeting, and had objected to the bike nights sponsored there in preceding months.

DPS, Waco Police and members of various local police department got the intelligence that there would be a rumble at the meeting.

Truly, a Bruceville-Eddy chapter of Cossacks led by Owen “Big O” Reeves, arrived at the restaurant after a rendezvous at the parking lot of a local shopping center on I-35 north of town, where Reeves filled in his men on the plans to go to the restaurant, located at the intersection of I-35 at Highway 6. Most say they had no idea that’s where they were headed.

They just knew they were going to a meeting.

They arrived plenty early, an estimated 85 strong, ran into the woman who had reserved the patio area for the meeting, and took up every available parking place and table, where they hung out, waiting for the dozen or so Dallas Bandidos to arrive. While they waited, they abused Sandra Lynch, whose husband Mike Lynch, president of Los Pirados, is a supporter of the Bandidos.

They reportedly called her a cunt, spit on her, and gave her no real comfort. Someone ran over her foot with a hog.

And when Bandido Jake Carrizal, vice president of the Dallas chapter, rode into the parking lot at the head of his men, they met them with loud curses and rebuked them for their choice of parking places.

Shots were fired. Two of the bullets hit men involved in the argument.

One of them suffered a through and through gunshot wound to his back; the bullet passed out of his neck. The other, who had been assigned as a prospect to watch the bikes, succumbed to a chest wound that left him paralyzed.

Neither are members of the Cossacks today. The man who survived in an ambulatory state lost his motorcycle due to an asset forfeiture. You can’t be a member unless you have a V-twin motorcycle in running condition.

The other man is unable to ride a bike, a requirement for membership in a motorcycle club.

When he was interviewed at the hospital, the man with the neck wound said he didn’t know who shot him. He later told people that he does remember seeing the muzzle of the pistol pointed at him and before he twisted away from the shot, he was able to see that the man who pulled the trigger was wearing a pair of khaki trousers and a black windbreaker.

Checking the pictures of the aftermath, the only man under arrest who is dressed that way is standing with a group of Cossacks.

One can only wonder.

The truth is, the federal government and its client states and political subdivisions, the State of Texas, McLennan County, Texas, and Waco, Texas, as well as Mexia, Waxahachie, Lorena, Gordon, Abilene, Odessa, and other environs, have their hands in this up to the elbows.

No one who rides a bike to organized biker activities can remember any killings or maimings that resulted over a parking place for a bike.

Most of the time, bikes are parked as many as four or five deep. If a biker needs to leave, it’s easy to spot the prospect in charge of watching the bikes, ask him for his help, and within a fairly reasonable amount of time, he will get the owners to come and move so a man can get his bike in the wind.

There was no good reason for anyone to die or be wounded in any way that day, and certainly no good reason why 177 persons should have been arrested, their bond set at $1 million, and each one charged with the identical offense of engaging in organized criminal activity.

What of Jake Carrizal? He stood trial for five weeks following a month-long hassle over the recusal of the trial judge for bias; the trial jury became hopelessly deadlocked when one man refused to vote for acquittal, and then an additional two converted to his side on all three counts. He will be tried again in April.

What of Big O Reeves?

He was made a Nomad, and then he sewed a 1%er patch on his vest without the authorization of the national club.

Soon thereafter, the Cossacks’ national leadership expelled him from their ranks, and he had new patches made and reorganized his Bruceville-Eddy chapter into a new organization called, predictably, the Cossacks.

In June following the debacle at the Twin Peaks restaurant, a federal grand jury returned RICO indictments against Bandidos U.S.A President Jeffrey Pike and Vice President John Portillo.

So mote it be.

 – The Legendary

DO NOT BRING PICTURE ID

WHEN YOU CROSS THE LINE

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…

So mote it be.

– Legendary Jim

WHEN YOU CROSS THE LINE

Star Witness Quashed In Twin Peaks Case Hearing

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.

One need only click here: https://youtu.be/rLFuxjWgIIk

To read the entirety of Mr. Broden’s response, one need only click here.

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.

Go figure.

As it has been written, some days are diamonds; some days are stones.

So mote it be.

  • The Legendary

Spirits Infest Building Upstairs – Haunt Men

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.

  • The Legendary

Mammy Jammin’ Warlock

Warlock wound up as a multi-faceted, highly adaptable IED-prevention device with a capability for improvisation.

Its development and proving was expedited by former Defense Secretary Dick Cheney, who, it is said, put up his own funds to accelerate the tests.

According to this paper, the Navy wound up adapting the simple device to counteract improvised signals from cell phones, radios, computers and other handy detonating devices.

Some gave all; others gave some. Welcome home.

Another Defendant Moves Court To Oust Reyna And His Staff

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.

In the Reyes motion for Reyna’s disqualification, Judge Criss has outlined some reasons foremost among others for the requested disqualification of Reyna and his entire staff.

They are:

  • 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.

So mote it be.

– The Legendary

 

Vet Not Guilty of Being Drunk, Will Face Gun Charge In County Court

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.

Go figure.

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?”

He promised.

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