SOMEWHERE IN TEXAS – FOR REAL AND UP FRONT, RIGHT NOW…
Waco – Step aside. this is the word, and the word is corruption! We mean business, and we don’t mean maybe.
Read, absorb, understand, for it is written. Read and understand what is written. Thou shalt not kil; thou shalt not steal; thou shalt not lie…
This is the word. It’s the official record and all you have to give up is respect for that which is written. I give you this on my sacred honor as a loyal Scribe, to read, absorb, and understand.
There is more – much more – to follow.
I am sincere.
- The Legendary
[Mangani] Where were you, dear colleague between 3:00 and 7:00 p.m. the day of Augusta Terzi’s murder?
[Homicide Division Chief] Excellency, gentlemen, I was there because I killed her.
[Homicide Division Chief] [Repentant and tearful] Excellency. I’m sorry to have inconvenienced so many important people.
CLICK IMAGE FOR FULL SIZE
Waco – The view from the Don Carlos parking lot includes many images of persons not directly involved with the gunfight or the man in the blue shirt.
If you will look at the top upper left hand corner of the images supplied, you will see an object behind the left rear wheel of a white car. In many of the images there is a Waco Police officer and a man wearing colors who is placed under arrest, then released.
THE OBJECT IS A FIREARM PLACED THERE BY A COP. ANOTHER COP COMES ALONG AND MARKS IT WITH AN EVIDENCE CONE.
THE COP WHO HANDCUFFS THE CLUB MEMBER QUESTIONS HIM, THEN LATER RELEASES HIM.
Our correspondent Darlene Kramer reviewed the entire camera surveillance footage and gleaned these still images. If you download them and watch them in order, you will see what we are talking about.
On Monday, the defense rolls out its case for acquittal. Do these people so depicted have names? Have they been subpoenaed? If so, when will they testify? About what? That’s a good reason to keep watching, isn’t it?
“It ain’t over ’til it’s over,” said Yogi Berra of the New York Yankees and the New York Mets. “Amen,” saith We The People.
MAN IN BLUE SHIRT FINGERED BY DEFENSE IN TWIN PEAKS CASE
WACO – The issue that has torn this city’s public safety services in two once again figured in a major felony case.
Disclosure of confidential informants is so repugnant to police and fire department officials they will sacrifice entire blocks of prosecution in order to preserve the sacrosanct status of snitches.
The policy is so ingrained it has caused a complete shakeup in the structure of upper leadership – the replacement of the Chiefs of Police and Fire Departments – and the ouster of seasoned investigators who won’t budge on the issue, one way or the other.
All that bitter history came crashing down on Wednesday during a conference in the Judge’s chambers of the 54th Criminal District Court when the Honorable Matt Johnson made a decision that rocked and shocked the law enforcement and biker communities.
A certain tape recording made by Detective Jeff Rogers, the police gang unit specialist investigator came to the defense in a massive data dump just as the state rested in the case of Bandido Jake Carrizal – arrested at Twin Peaks Restaurant on Sunday, May 17, 2015, when a crowd of rival club members rat packed him and a much smaller contingent of the venerable club’s representatives as they arrived at a Confederation of Clubs and Independents meeting around noon.
The tape is undocumented as to who is talking – a trio including Rogers, undated or the time and place noted, and the names of the two informants omitted.
Defense attorneys working the case have long held that the operation put on the the State Department of Public Safety, a number of local police departments, the Federal government and the Waco Police had too many moving parts, was too precisely planned and executed in all its elements for there to have been no coordination between all these agencies and the members of the aggressor organizations, the Cossacks Motorcycle Club and its support clubs.
Reading a motion to disclose the identities of undercover operatives and confidential informants authored by Dallas attorney F. Clinton Broden is a study in the conundrum.
Behold, this filing Broden made many months ago: “It appears that law enforcement officials infiltrated and/or had confidential informants inside the Cossacks Motorcycle Club prior to the incident at Twin Peaks. First DPS reports indicated Waco Police Detective Jeff Rogers was receiving information from a ‘source of information’ regarding the Confederation of Clubs meeting at Twin Peaks and that the Cossacks planned to attend.”
The attachments to the motion reveal a high degree of collusion between the DPS and federal prosecutors working a racketeering case against the former President of Bandidos U.S.A. Jeffrey Pike of The Woodlands near Conroe, and John Portillo, former Vice President of the national club, who lives at San Antonio.
Attachment A is the DPS compendium of investigative reports that led to the operation and reveals the scope of the Waco gang detective’s role.
Attachment B is the detailed indictment of Pike and Portillo, with its exhaustive analysis of the alleged structure and purposes of the Bandidos Motorcycle Club.
Among the chief allegations of federal prosecutors is the notion that the Bandidos “declared war” on the Cossacks.
All of this seems to have fallen on deaf ears in the police agencies, the prosecutor’s office, and the judge’s chambers – until now.
How, exactly, legally and in observance of constitutional principles, does the state intend to prove its allegations of complaint in the vague and complicated elements of the violation of the Texas statute that defines a combination of criminal members of an organized street gang acting together to commit capital murder and/or aggravated assault?
The Sixth Amendment to the U.S. Constitution affords a defendant the right to a speedy and public trial, “to be confronted with the witnesses against him; to have compulsory means of discovery of the witnesses against him, and to have the assistance of counsel for is defence.”
The defense bar throughout the U.S. calls that the confrontation clause, and in an underworld milieu increasingly populated with secret agents vying for dominance in the world of international espionage funded by crooked dealings, narcotics trafficking that far outstrips entire local economies, and a large population of public officials who are in the game for all they can grab, the nature of confidential information is king.
That’s why the City Attorney’s office battled tooth and nail to keep the subject out of the record in the Twin Peaks trials, appealing to the Attorney General that the ongoing investigation and the work product of law enforcement dictates that the information is excepted from the public record and cannot be revealed for any reason.
All that came to a screeching halt during the noon hour on Wednesday.
When the Judge emerged from his chambers, he calmly stated that the identity of the undercover informants has a real part in the issue of guilt or innocence of Jake Carrizal, and must of needs become part of the record. The individuals are in fact witnesses, and their identities revealed in order to allow Carrizal the opportunity to be confronted in public with their allegations. Anything less is a proceeding in a kangaroo court.
He uttered his ruling verbally with the proviso that the information not be revealed to the public, but used “for trial purposes only.”
This set the legal world abuzz – statewide. Many experts hold that such an order isn’t worth the paper it’s written on, that there are conditions precedent that must be observed, the order having been set in type, the ramifications of its scope known and thereby adjudged and decreed for the permanent record.
As the news flashed forth, this order set the columns of social media ablaze. Almost immediately, defense counsel Casie Gotro revealed the identity of the mysterious man in the blue shirt, who appears to have signaled the assailants when the Bandidos were arriving on their motorcycles by a circuitous route through the parking lots of the Central Texas Marketplace between the Twin Peaks and Don Carlos restaurants.
He is allegedly a public employee of the Road and Bridge Department.
As he did so, he ran with knees and hands pumping through the front door of the Don Carlos bistro, where his image is clearly captured on video surveillance cameras, as it was on the sidewalk.
He is a witness and his name is on a subpoena the defense wants to serve on him. That’s a matter of public record in Cause No. 2015-2263-C2, State of Texas v. Christopher Jacob Carrizal
Curiously, neither he, nor gang expert Detective Rogers were called as witnesses in the state’s long, drawn-out case against the Bandido Carrizal, which began on October 9 and will resume on November 6, the span of an entire lunar cycle.
It is written. The moon is a harsh mistress.
So mote it be.
- The Legendary
Jurors had been ordered to return to 54th Criminal District Court to hear evidence and testimony from the defense in the trial of Dallas Bandido Jake Carrizal, who is indicted for two counts of state organized crime offenses stemming from a deadly gunfight at Twin Peaks Restaurant on Sunday, May 17 , 2015.
As jurors entered the court, Judge Matt Johnson told them that the trial is moving much too slowly, something that can’t be helped, and he told them the defense had received a lot of new information. He ordered them to return next Monday at 9 am.
Defense Counsel Casie Gotro had asked for more time to prepare her case, to develop the ability to examine defense witnesses in view of the revelations received a few minutes before noon, said the judge. Matters took an even more curious turn at that point.
Here is a sample of the dialog between Judge Johnson and defense counsel after jurors had departed.
They were discussing an audio tape received from the City of Waco’s legal department after the Attorney General’s Office ordered them to produce it as possibly exculpatory evidence.
Said Ms. Gotro, “Your honor this audio tape of Detective Jeff Rogers (Waco’s gang officer). He’s speaking with two individuals who are not named.” She further explained that the documentation of the conversation is absent as to time, place and subject.
Johnson wasted no time making his ruling. He said, “We are moving the Jake Carrizal trial along as fast as he can. I am sincerely sorry.”
He then addressed Ms. Gotro’s concerns about the audio tape she says is undocumented.
“With regard to the two…I do find that a reasonable cause exists that the identities of the witnesses will affect the finding of guilt or innocence.” He emphasized that the identities of the speakers are not to be disseminated, but to be used for “trial purposes only.”
No further description was forthcoming as Ms. Gotro readily agreed.
Witnesses scheduled to testify this week had planned to fly in to Waco. They cannot make it at a later time, so they will be questioned outside of the presence of the jury in the presence of counsel and the judge. The Court Reporter will take down their testimony and a videographer will record the event.
This will be shown to the jurors when they return. Further, the officers of the Court, including the judge, said nothing.
During remarks in the corridor, Ms. Gotro told media that “We had a scheduling anomaly. It’s rare, but it happens. When it does, we handle it this way. Rarely happens.”
She was very circumspect in her remarks.
Susan Istre Is No Longer Under Order To Produce Phone In Trial
Waco – Mike McNamara, brother of the Sheriff of McLennan County and a former investigator for the DA’s Office, died of heart failure outside a local steakhouse.
When he was found in mortal distress, a local woman named Sherre Johnston called 9-1-1 to report the problem when she happened upon him in the parking lot. Somehow, after his death, his cell phone wound up in the hands of another woman named Susan Istre.
Sherre Johnston was a employee of the Vic Feazell Law Firm. He is the former DA of McLennan County who prosecuted the Lake Waco murders. She worked closely with Truman Simon, a one-time investigator at both the Waco PD and the Sheriff’s Office who worked for Feazell for many years at the DA’s office and in his private practice.
When Ms. Johnston and Simons exited the courthouse at the lunch break, she declined any comment. Mr. Simons said, “We’re in a hurry. Goodbye. We’ll no doubt meet again.”
Ms. Istre was at one time under defense subpoena to produce the phone in the trial of Dallas Bandido Jake Carrizal. When the subpoena was served and returned, her ex-husband, a local real estate attorney, showed up in court, according to knowledgeable sources.
That setting of the trial was scrubbed due to procedural uncertainties. Ms. Istre has not been ordered to produce the phone in this setting of the Carrizal trial.