Pricey Cost Of Recusal Hearing Nearly $1,500

Brian Bouffard is Twin Peaks defendant’s attorney

Waco – Scheduling a hearing in a Twin Peaks case can be awfully expensive.

When a visiting judge ruled against the recusal of Judge Ralph T. Strother in his client’s case, it cost Jorge Salinas nearly $1,500 in subpoena fees, his personal expenses and hourly rate.

It costs about $100 per witness to have them summoned to court, and he had scheduled a dozen to appear to testify in a disqualification hearing. When the state entered a recusal motion, that stopped the music, and  Salinas’ money went down the drain.

His attorney Brian Bouffard said he thinks the re-election of District Attorney Abel Reyna is probably moot at this point because “Abel Reyna is sued (in federal court) individually.”

He is likely not immune to prosecution in civil suits because he exceeded his authority when he took the investigation away from police and ordered the arrest of his client.

“They were going to treat them as witnesses,” he said.

“We believe the law is clear. Abel Reyna is liable for what he did..Anyone who is paying attention can see what Abel Reyna is about.”

45 Seconds Of Carnage – An Ambush In An Ambush

HOW  DID MILITARIZED POICE ARRANGE A BLOOD BATH?

WACO – The carnage caused by military assault rifles was over in 45 seconds. Experienced combat veterans recognized the sound of suppressed muzzle blast.

Many realized they were walking into an L-shaped ambush as they approached.

How a highly militarized police force lured heavily armed men into a position to ambush their rivals, then subjected the ambuscade to withering fire from ambush is a study in special operations that have spanned the globe from Vietnam to Kosovo, Afghanistan to east Africa.

After all, what’s the difference between designating hostile certain “red states” along the Mexican border as hostile, and printing maps of Vietnamese hamlets pink in order to round up the inhabitants, jail them on ultra-high bail, and detain them in a massive arrest for many days while their entire pedigree is analyzed, every address and phone number copied, and all photos of friends and family annotated in dossiers?

Pinkville was in Vietnam, where the CIA worked out search and destroy missions to identify and isolate people giving aid and comfort to the NLF; JADE HELM 15 took place inside the borders of Texas, where it was a stated goal of the Special Operations Command to run an operation in real time, using the same tactics and equipment as overseas.

In both cases, those arrested on vague, fill-in-the-blank affidavits of probable cause were whisked away to a privately operated detention center, where their every conversation was recorded, their visits carefully monitored, their motives scrutinized.

JADE HELM – Joint Assistant Defense Executive Homeland Elimination of Local Militants – 2015, was a test of an on-the-fly real time artificial intelligence battle software manufactured by Raytheon called JADE 2. All pertinent information, including radio transmission, surveillance camera, dash and body camera imagery, mobile date terminals and special CCTV hook-ups,  is instantly communicated via satellite transmissions to a Fusion Center manned by agencies of the Department of Homeland Security described by a DPS Agent as “law enforcement-based.”

The on-scene commander is enabled to make instant decisions based on artificial intelligence gathered at the speed of light by computers, the suggestions and recommendations flashing on his screen just in time.

Public information is pre-scripted, the news is flashed out over the information superhighway as quickly as it happens.

After all, it’s a military operation.

The first trial of a defendant concluded in November with a very near acquittal when a single juror caused a mistrial of Dallas Bandido Jake Carrizal, who arrived on his bike and suffered a withering attack by pistol fire, blows from fists and brass knuckles, along with about a dozen of his fellow club members, including his father and his uncle, both of whom were shot.

During his trial, the prosecution concealed evidence that would have made his acquittal very likely had it been known. The defense blocked hearsay testimony by a sustained objection about ballistics of weapons fired by civilians by an ATF Agent who was it was learned intended to testify about reports made by Waco Police.

A witness must have personal knowledge of the facts offered in testimony, under rules of criminal evidence.

Only three out of 14 police patrol rifles were ballistics tested by the Southwest Institute of Forensic Sciences, leaving 11 other rifles untested.

Most of the 9 men who died of gunshot wounds were struck by quarter-inch diameter projectiles somewhere in their back or the back of their heads. The police rifles are .223 caliber, about a quarter-inch in diameter. An additional 20 suffered gunshot wounds.

A majority of the casualties were inflicted on members of the Cossacks MC from the Waco area, Central, and near West Texas.

They later broke off from the national club and formed a 1%er club of their own under the leadership of Owen Reeves.

We’re going to talk to David Zeke Stone, president of the Cossacks MC National Club about these matters.

This is what he had to say in an impromptu on-line interview:

“Thank you, Sir. I am not a 1% or counterfeit cossack from Waco as they are known. I am willing to meet with you as well as my national officers to tell our side. The Waco guys interview was done through an attorney from what we have been told. We are in no way associated with the 1% cossacks. – Zeke”

Does that include Owen Reeves?

Correct, sir.”

OWEN REEVES, 1% COSSACK

Asked if the faction known as the Waco Guys were out of his control, he replied, saying, “…We did not send anyone down there from our end. The entirety of that horrendous fiasco lies at the feet of Owen and his crew.”

Zeke Stone completely discounts any reports that anyone ever extorted money from black and gold members for riding on the street of Waco, or that there was ever any real tension over a bottom Texas rocker, as did then President of Bandidos MC Bill Sartelle, when we interviewed him a year ago.

“We never had any reports of anything like that.”

It is very apparent that the state made sure to block testimony that would make clear the fact of collusion between the Cossacks from the Waco area – or the “Waco guys,” and the DPS, special gang “intelligence” operators, city police and federal agents, some of whom mingled with the crowd dressed as club members.

When the Bandit’s defense counsel Casie Gotro attempted to cross examine the Waco Police Gang Officer, Det. Jeff Rogers, he claimed he didn’t have his notes, and the judge moved the trial along hastily.

She had obtained a tape of an interview with Mark White, one of the “Waco guys” whom Rogers and other officers questioned after he’d been detained during a “bike night” previously at the Twin Peak Restaurant where the massacre took place on May 17, 2015.

In another exchange, the gang officer spoke of one of the Cossacks from the Waco Chapter, a mechanic at Legends Cycles named Mark Robbins. Once again, acting through teamwork, the detective and prosecutors adroitly avoided any cross examination by the defense, but nevertheless, the name went on the record and the fact that an interview took place.

The judge denied a defense motion for a directed verdict of not guilty based on the testimony elicited by the state alleging the evidence that the defendant directly participated in murder or the actions that led to murder were nonexistent, according to the witness.

The judge overruled the motion, saying, “I think the indictment speaks for itself.

The ritual trauma speaks for itself, as look-see pidgin, broadcast throughout the world by satellite, nearly instantaneously, as if in a small village.  There is a reason for that, says a publisher of books concerning just such tactics by the “intelligence” community, Robert Millegan, of Trine Day Publishing.

 

 

 

 

 

 

Not Your Cousin Vinny

DEFENSE BAR OPENS UP COMMUNICATIONS VIA FILED WRITS

YOUR COUSIN VINNY – LIGHT?  WRONG, WRONG, WRONG…

WACO – It’s true, the Waco criminal courts are – like – semi-tough.

But there’s nothing like a criminal lawyer with his dander up and ready to go mano a mano with the home team.

What has emerged here, amidst the sturm and drang of the righteous and the holy vs. the two-wheeled, leather-clad peril, is a bunch of lawyers suddenly growing spines of steel, acquiring a gleam of flint in their eyes, putting acid in their pens, and making it burn on in when they lay down the legal be-bop.

It’s on.

The prosecutors and the judges, philistines to the core, jaded world-weary bureaucrats of the plea deal, have meddled with the primal forces of the black and white statutes. Never mind the stuff between the lines, the back beat, the harmony – and all that jazz.

They put out the misinformation that the trial lawyers can’t talk to the public – oh, yeah? Says who?

These dudes and dudettes have been at pains to draft legal instruments, tons of paperwork signed, file-marked and certified as served on all parties affected.

As such, that’s as public as the daily news, and there is nothing some tyrant on a bench can do about it. The Texas Constitution says those records belong to we the people, and when they file them, they can broadcast them far and wide by any means necessary to get the message across.

There are no gag orders that apply. A judge may seal a pleadig, but he will have to show cause as to why he made the ruling. You’re talking about documents that were written for you and me, and it’s working. An entire nation is learning law simply because some funny little cat decided to lock a bunch of folks up for drinking a beer, or trying to, on a Sunday at a political meeting at this goofy theme tavern dedicated to a campy movie about the mysterious ritual blood sacrifice of a virginal young lady, located by the freeway in – Waco?

Yeah, it be that way. It gets better. The Justice of the Peace, a retired Highway Patrolman, decided to set their bail at $1 million to “send a message.” Okay, hoss, roger and receipt that – five by five.

Y’all be outlaws, and y’all outlaws don’t be attending no political meetings in the guise of scooter trash on a Sunday go to meeting afternoon in no Jerusalem-On-The Brazos, y’hear?

Get a load of this. Comes Monday last and the prosecutors strolled into the 19th Criminal District Court with some paperwork seeking a continuance. They wanted to go back to an original date in February for a hearing on whether to disqualify the elected District Attorney, Abel Reyna. Hadn’t had nearly enough time to prepared – and, like – whatever.

Motion denied, they flipped out “within seconds” another one called let’s get the judge recused – right here, right now.

Say what? In the parlance of the deck apes of the Seventh Fleet of 50 years ago, that would have qualified for the rejoinder, “You ain’t said shit, hand…”

Judge Ralph T. Strother has been recused for cause three times by one visiting judge, once by another, and recused himself. He said no way was he going to do that.

The fireball lady lawyer from the Domed City, Casie Gotro, who got him recused in the first jury trial of the Twin Peaks saga of Dallas Bandidos President Jake Carrizal, actually wrote a memo to the world, saying, like, she couldn’t believe after all that hassle, the lead prosecutor Michael Jarrett now has reversed his posture on this. All the girl needed was a picture hat, a parasol in one hand, and a horsewhip in the other, and she would have been ready for her close-up.

But when the sting really set in, it was a young lawyer from Cowtown who got his J.D. in San Antonio, and still practices primarily in landlord-tenant disputes, who slung the ink up against the wall, and damn near did everything else but haul off and slap the judge upside his hard head.

The defense bar has sent that same message now for nearly three years, but it’s really beginning to resound now that those wonderful folks who brought you the bloody parking lot pictures, the fear and loathing at the crossroads of Highway 6 and I-35, and the brutal stories of the L-shaped ambush that turned into a blood bath have decided to hold their horses until after the elections. This way, our man won’t have to bear the burdens of his massive foul-up alone. The taxpayers will have to help out, or so the talk in bars, barbershops, beer joints, billiard parlors and biker hangouts goes.

These guys will probably go down in history as a community that stimulated generations to come to learn more about first, fourth, fifth, sixth and eighth amendment rights than any others in the history of the republic.

Lawyer Beyer says it best:

They are attempting to use the rules regarding the 6th Amendment’s right to a fair trial in a way they were not meant to be used. These rules are to protect the public from the bad actions of elected officials, not to protect the State from their own bad actions. They continue to fight to avoid having to state on record, the truth about matters we are trying to bring to light.

Sixth Amendment, oh, yeah, affords the accused the right to know the witnesses against him, to confront them, and have compulsory means to discover their names and numbers.

In the cases of Billy McRee and Jorge Salinas, Mssrs. Beyer and Brian Bouffard had intended to question witnesses who have furnished information to the FBI about the actions – the highly illegal actions – of the prosecution in withholding evidence, dismissing cases of political favorites, losing major weight in narcotics in the shuffle, and aggravated perjury.

No dice. We have to wait until a visiting judge holds a hearing to see if Strother should be recused  – again. Is he in on the gag?

Who cares? It’s Waco. There’s an election coming. Now comes, Twin Peaks viewed as a snipe hunt. Stay tuned, if you want to find out who’s left holding the bag…

So, when the prosecution didn’t get their continuance, “within seconds,” wrote Lawyer Beyer, lead prosecutor Jarrett moved the Court to protect the defendants, to make sure they got a fair trial.

He said the Judge is under a “cloud.”

“Apparently, in those few seconds, Judge Strother went from Learned Hand to a judge tainted by a ‘cloud.'”

Why did he wait until exactly that moment?

The coverage of the Twin Peaks prosecutions has turned into an open seminar on the art of jury selection and the pre-trial preparation through pleadings that actually influence what jurors will hear, and how they will be instructed to make their findings based on facts as interpreted by the Court.

It’s going to be a humdinger in the annals of criminal jurisprudence.

Let’s let Mr. Beyer explain in his motion. It’s a classic; we’re getting it for free, simply because we’re in Texas, and that’s how we do it, here:

https://www.dropbox.com/s/cgnvowngm5gkf1c/Defense%20Response%20to%20State%27s%20Motion%20to%20Recuse.pdf?dl=0

 

 

Righteous Fists, Angry Men, Rebel With Fury

The Angry Man – author unknown

For all the interest group pandering that shapes modern American politics, the group that may well have decided the election might have come down to the demographic of “The Angry Man.”

The Angry Man is difficult to stereotype. He comes from all economic backgrounds, from dirt-poor to filthy rich. He represents all geographic areas in America, from sophisticated urbanite to rural redneck, Deep South to Yankee North, Left Coast to Eastern Seaboard.

No matter where he’s from, Angry Men share many common traits; they aren’t asking for anything from anyone other than the promise to be able to make their own way on a level playing field. In many cases, they are independent businessmen and employ several people. They pay more than their share of taxes and they work hard. Damn hard, for what they have and intend to keep. He’s used to picking up the tab, whether it’s the Christmas party for the employees at his company, three sets of braces, college educations or a beautiful wedding or two. Not because he was forced to, but because it’s the right thing to do.

The Angry Man believes the Constitution should be interpreted as it was written. It is not as a “living document” open to the whims and vagaries of appointed judges and political winds.

The Angry Man owns firearms, and he’s willing to pick up a gun and use it in defense of his home, his country and his family. He is willing to lay down his life to defend the freedom and safety of others, and the thought of killing someone if necessary to achieve those goals gives him only momentary pause.

The Angry Man is not, and never will be, a victim. Nobody like him drowned in Hurricane Katrina. He got his people together and got the hell out. Then, he went back in to rescue those who needed help or were too stupid to help themselves in the first place. He was selfless in this, just as often a civilian as a police officer, a National Guard soldier or a volunteer firefighter. Victimhood syndrome buzzwords; “disenfranchised,” “marginalized” and “voiceless” don’t resonate with

The Angry Man. “Press ‘one’ for English” is a curse-word to him. His last name, his race and his religion don’t matter. His ancestry might be Italian, English, African, Polish, German, Slavic, Irish, Russian, Hispanic or any of a hundred others. What does matter is that he considers himself in every way to be an American. He is proud of this country and thinks that if you aren’t, you are whole-heartedly encouraged to find one that suits you and move there.

The Angry Man is usually a man’s man. The kind of guy who likes to play poker, watch football, go hunting, play golf, maintain his own vehicles and build things. He coaches kid’s baseball, soccer and football and doesn’t ask for a penny. He’s the kind of guy who can put an addition on his house with a couple of friends, drill an oil well, design a factory or work the land. He can fill a train with 100,000 tons of coal and get it to the power plant so that you can keep the lights on while never knowing everything it took to do that.

The Angry Man is the backbone of this country. He’s not racist, but is truly disappointed and annoyed, when people exhibit behavior that typifies the worst stereotypes of their ethnicity. He’s willing to give everybody a fair chance if they’re willing to work hard and play by the rules. He expects other people to do the same. Above all, he has integrity in everything he does.

The Angry Man votes, and he loathes the dysfunction now rampant in government. It’s the victim groups being pandered to and the “poor me” attitude that they represent. The inability of politicians to give a straight answer to an honest question. The tax dollars that are given to people who simply don’t want to do anything for themselves. The fact that, because of very real consequences, he must stay within a budget but for some obscure reason the government he finances doesn’t. Mostly, it’s the blatantly arrogant attitude displayed implying that we are too stupid to run our own lives and only people in government are smart enough to do that.

The Angry Man has reached his limit. When a social justice agitator goes on TV, leading some rally for Black Lives Matter, safe spaces or other such nonsense, he may bite his tongue but, he remembers. When a child gets charged with carrying a concealed weapon for mistakenly bringing a penknife to school, he takes note of who the local idiots are in education and law enforcement. But when government officials are repeatedly caught red-handed breaking the law and getting off scot-free,

The Angry Man balls-up his fists and readies himself for the coming fight. He knows that this fight, will be a live or die situation, so he prepares fully. Make no mistake, this is a fight in which he is not willing to lose and he will never give up.

Obama calls me a Clinger.

Hillary calls me Deplorable.

Bill calls me Redneck.

BLM calls me Racist.

Feminists calls me Sexist. I

ISIS calls me an Infidel.

Donald Trump calls me an American. – The Angry Man

Sneak Attack Motion In DA’s Ouster Hearing

STATE SEEKS RECUSAL OF JUDGE, WHO DEFIES THE MOTION

Former First Asst. DA Greg Davis (R) waits for a summons to testify that never came

WACO – Prosecutors in two Twin Peaks cases reversed the tables by seeking the recusal of 19th Criminal District Ralph Strother in a motion hearing to disqualify elected Criminal District Attorney Abel Reyna.

The judge sat thunderstruck for moments before recessing court to go to his chambers and study the motion seeking his recusal. When he returned, he expressed surprise by saying previously the state sought to retain him on the Twin Peaks cases.

“It’s a little bit of a surprise that the state now moves to recuse the Court.

“I will not voluntarily recuse myself,” he said, declaring the hearing at an end without setting a new time an date for a future hearing. He said he will step aside only “if Judge Billy Ray Stubblefield,” the region’s administrative judge, appoints a visiting judge to take his place.

Newsmen scrambled to see the recusal motion, but no copies had been made available to the Court Coordinator or the Clerk’s Office.

When asked the grounds for the recusal request, lead prosecutor Michael Jarrett said “In the interest of avoiding any appearance of impropriety, I will not comment.” He explained, “There are accusations,” involved in the text.

Defendants Jorge Salinas and Billy McRee had sought the disqualification of the DA and his staff on a myriad of allegations of influence peddling, misappropriation of evidence, and withholding exculpatory evidence sought in discovery. A long list of witnesses who have given affidavits in a federal probe by the FBI were subpoenaed and standing by to testify, to no avail.

Earlier, attorney Robert Callahan had been expelled from the well of the court, where he sought to assist attorneys for the defense.

When asked about the recusal motion, he replied at his place in the gallery, “It’s essentially that they (the prosecution) don’t want to have this hearing.”

 

 

Biker Lawyer Says ‘We Need Video’ At DFW COC Meeting

An attorney, Bob Smith of A.I.M. and the COC told bikers to make videos anti-profiling legislation to be considered by lawmakers 

Irving – When it comes to the cops profiling motorcyclists, the unwarranted searches and seizures are probably the most glaring.

But it’s the little things that make the difference. Just because a cops wants to know where you’re going, where you’ve been, you don’t have to answer.

You don’t have to roll up your sleeves and let them make pictures, nor do you have to open your saddlebags for an unreasonable search and seizure, said Bob Smith on Sunday at a COC meeting that packed a cavernous beer garden and honky tonk near downtown Irving.

What he and other activists need is video – miles and miles of it.

That’s what all the fuss is about. Without proof, it’s hard to convince lawmakers they need to enact legislation to put a halt to the same kind of actions by brutal Tommies of the Royal Army that ultimately led to the American Revolution.

It’s all about the evidence.

He recalled an amendment to the bill that created a joint law enforcement Fusion Center in south Texas to keep track of suspicious persons. A veteran on a motorcycle was detained, searched, and he had nothing to make him a suspect. Nevertheless, his name and pedigree was placed in a memo in the database.

That made the Senators considering the Fusion Center legislation aware that there are abuses in the system. They placed an amendment in the law.

His legal analysis of just where any motorist on a scooter or in a cage really stands is simple enough.

“You have the right to make pictures,” he said. It goes with the territory of being a human being. The U.S. Fifth Circuit Court of Appeals acted in a decision. It’s okay.

Listen to the story:

Lawyers Encourage Viewers To Demand Televising Twin Peaks Hearings To Oust DA

MOTION BY TRIO OF LAWYERS COULD OUST REYNA

Waco – Sooner or later, it had to happen. People are acknowledging the power of social media, and the new technology is beginning to wag the broadcasting media’s dog.

A Dallas lawyer who recently agreed to a postponement of his client’s Twin Peaks case until after the Republican Primary race between the DA and a challenger joined two others to make a direct appeal through social media encouraging viewers to contact KCEN-TV to request live coverage of a motions hearing in the cases of two co-defendants.

http://www.kcentv.com/mobile/article/news/local/shooting-at-twin-peaks/motions-to-toss-abel-reyna-off-twin-peaks-trials-will-be-heard-monday/509600226

On Monday, January 22 at 10 a.m., 19th Criminal District Judge Ralh Strother will take up the motions of Billy McRee and Jorge Salinas, both arrested at the same time his client Scooter Bergman was at Twin Peaks Restaurant on May 17, 2015, for a COC&I meeting.

The three are charged by indictment along with an additional 152 defendants for engaging in organized criminal activity.

It is the allegation of F. Clinton Broden, who represents Bergman, as well as Brian Bouffard and David Beyer, who represent Salinas and McRee, that the sole reason for their arrest may be explained by a decision made by the elected District Attorney, Abel Reyna.

According to the motion Beyer filed on behalf of McRee, “In a hearing held in the cases of related Twin Peaks’ defendants, it was established that, for all intents and purposes, Mr. Reyna orchestrated the arrest of Mr. McRee and all of the Twin Peaks’ defendants.”

That hearing took place of August 8, 2016, and involved the testimony of police, Reyna, and his prosecution team in which it was established that the DA ordered a change in the plans for the investigation of 9 cases of homicide, and the wounding by gunshot of an additional 20.

One may read pertinent portions of the transcipt from the motion by clicking here:

https://www.dropbox.com/home?preview=Mcree+Motion+to+Compel+-+Beyer.pdf

In the testimony of Waco Detective Manuel Chavez, and the testimony of Reyna, according to the both have committed perjury, according to the motions.

In the case of Chavez, it is alleged, he swore to events of which he admitted he had no personal knowledge. Reyna, it was established, lied on the witness stand when he answered Broden’s questions about Chavez’ procedure to familiarize himself with the facts alleged in 177 identical fill-in-the-name affidavits of warrantless arrest.

When Chavez admitted under re-direct examination that he had not seen or spoken with Reyna on that date, according to Broden, he established under oath culpability for Reyna’s aggravated perjury, which consists of a falsehood uttered under oath by a public official during a legal proceeding.

That motion be be read by clicking here:

https://www.dropbox.com/home?preview=Salinas+Motion+to+Compel+-+Bouffard.pdf

The Salinas motion holds that Reyna is a witness for that reason and for the reason that he made the decision to charge 177 persons with the conspiracy offense of engaging in organized crimiminal activity because of their affiliation with motorcycle clubs he suspected

outlaw criminal biker gangs” as defined by the Texas Department of Public Safety and the U.S. Department of Justice.

The Salinas motion also contains subpoenaes for the following public officials and staff members alleged to have been involved in a federal investigation of Reyna’s practices.

They, are, according to the motion, former First Assistant District Attorney Greg Davis; personal assistant Julissa West; former Prosecutor Brittany Scaramucci, who has served as a special prosecutor since then; retired Waco Detective Sherry Kingrey; Assistant District Attorney Sterling Harmon; Twin Peaks Lead Prosecutor Michael Jarrett; and Assistant Prosecutor Amanda Dillon.

It is alleged that all are suppressing evidence favorable, or, that is, exculpatory, in the cases of all the defendants indicted in the Twin Peaks prosecutions.

Predictably, knowledgeable observers are quite sure that Reyna will make an immediate motion to have the subpoenas summoning them as witnesses quashed by the judge.

DA Challenger Scores Points, Incumbent Denounces Daily Paper

SPARKS FLY AT REPUBLICAN CLUB LUNCHEON OVER TWIN PEAKS

Barry Johnson hammered on Reyna’s alleged improprieties in office…

WACO – Embattled DA Abel Reyna drew first blood in the Republican primary race – by attacking the local daily newspaper’s coverage of his career in office.

More than 700 party and elected officials crowded the assembly hall at the Texas Ranger Museum to hear the elected DA and his challenger Barry Johnson go at each other, hammer and tongs.

DA Abel Reyna emphasized his money saving innovations of pre-trial intervention, a streamlined docket that encourages defendants to enter guilty pleas, and his promised courtroom presence over his two-term tenure.

He concluded his remarks by referring to clubs of motorcycle enthusiasts who were the subject of mass arrests on May 17, 2015, as “gangs,” and their defense lawyers who are using Johnson as their “puppet.”

Challenger Barry Johnson, a hometown Waco native whose father was a Justice of the Peace and a District Judge  has practiced in civil law at Dallas for many years.

He was quick to remind a largely stone faced crowd that McLennan County taxpayers face a liability of an estimated $350 million in civil rights cases stemming from the Twin Peaks massacre.

In highly critical remarks, he explained that the personal involvement in decision making in the cases as to exactly how to structure the charges against 177 arrestees as engaging in organized criminal activity, a first degree felony, exposed the county government to liability issues, where a more noncommittal role would have maintained the DA’s office in the privilege of governmental immunity.

He returned to the alleged mistake in legal judgment repeatedly in a highly structured question and answer, rebuttal and brief series of statements moderated by a party official.

In answer to criticism leveled at his lack of criminal trial experience, he pointed out that the procedures are actually very nearly the same.

Both candidates discussed pro and con the pending federal investigation first uncovered by the local daily paper.

Reyna drew thunderous applause when he denounced the editorial content of the Waco “Tribune-Herald” as “fake news.”

Editoria Page Editor Bill Whitaker and Courthouse Staff Writer Tommy Witherspoon sat by in high catoque during the chivaree.

One may hear the program in its entirety by clicking the arrow below:

Two-term incumbent DA Abel Reyna denounced critical press reports…

It’s Called A Grand Jury

GRAND JURY INVESTIGATION – LET’S HAVE ONE, JUST FOR DRILL

“I THINK IT’S BEN TOOMBS,” SAID FORMER CHIEF DEPUTY MATT CAWTHON WHEN ASKED WHO THIS DUDE IS TOTING THE UNUSUAL FIRING PIECE, A FN P90, 5.7X28MM (.22) FULL AUTO RIFLE WITH 50-ROUND MAGAZINE. IT WAS NEVER TESTED, ALONG WITH 11 OTHER FIRING PIECES THE COPS USED AT TWIN PEAKS

REPORTING: Paula Carroll Swann

STORY: The Legendary Jim Parks

Six Shooter Junction – Paula has questions; she can’t get the answers. They’re all about who shot who – with what weapon – at Twin Peaks Restaurant on May 17, 2015, and thereby prevented a political meeting by activist bikers because of the colors of the patches on their jackets.

The cops protected the public. This way, the public might never had had to learn that the State of Texas collected $13.5 million for motorcycle safety, and then refused to release the funds for the Texas Department of Public Safety to use for the stated purpose they had been collected for a number of years at the rate of $5 per motorcycle registration fee.

Make sense? Just saying. The truth is – as hard to believe as it is – they never tested the weapons fired by DPS officers at Twin Peaks.

Let’s talk about it. After all, we’ve got plenty of time. Looks like the next witness won’t be called until after the elections – oh – what – eleven months from now?

Maybe the expert witnesses will spend a couple of weeks telling us all about how Marlon Brando and Lee Marvin starred in a film about “outlaw biker gangs,” or the hit satellite tv series, “Sons Of Anarchy.”

Just saying. After all, when they picked the jury that ultimately turned Bandido Jake Carrizal loose in a mistrial because they just couldn’t see the case as presented, a sizable number of them told the judge they were so in fear for their lives they couldn’t give their voir dire testimony in open court.

What was it the Ph.D of Gonzo Journalism, Dr. Hunter S. Thompson always called it? Fear. Loathing. The G is good about producing flicks about all that. They get them aired on the telly, including motion pictures of people getting killed.

And they say there is no such thing as a snuff flick, that’s it’s just an urban myth, dreamed up by a bunch of sickos and wild-eyed weirdos. Avanti.

Voir dire. Fifty dollar lawyer’s Latin phrase for “Speak the truth.” Nothing like a dead language and some red tape and a gold seal to dress things up and make them official, now, is there?

Why did the people of the venire say that? Because 54th Criminal District Court Judge Matt Johnson asked them. That’s why.

Maybe they wrote something on their jury questionnaire form. Maybe we’ll never know. How do I know? I was there. I am Legendary Jim.

Just saying.

He took them, one by one, along with the prosecution, defense, the court reporter, and defendant behind the closed door of the jury room to hear them explain if they could – just as matters lay at the moment – return a fair and impartial verdict based upon the facts as presented.

They all wound up on the jury.

Just saying.

Though it was previously reported, just saying.

But, then, there’s this pesky problem regarding evidence that Carrizal and 154 other people did then and there, on May 17, 2015, knowingly and willingly take the life of a human being, or inflict serious bodily harm by engaging in organized criminal activity or directing the activities of a criminal street gang.

Hang on tight. This is going somewhere, but it’s like a string of empties, headed back to the coal mine; there’s no big rush. After all, this all happened about one-third of a decade in the past. What’s the hurry? Speedy trial guarantee found in the U.S. and Texas Constitutions? Oh, pish, posh, and fiddle faddle. Let’s not get all legal about this.

Let’s start with who shot who – with what?

The cops and the prosecution have so neatly jigsawed around that issue, it’s worth mentioning the facts that have received no attention in court, according to Paula Carroll Swann.

The cops only tested three rifles of three SWAT officers who killed four people. She keeps saying it, and there’s a reason for that. Most people have to hear something a minimum of seven times before you really get their attention. Paula knows that.

That’s way less than half of the 9 who died. Just like votes, each one counts as one. Think about it.  That’s only 20 percent of the 20 wounded by gunfire on that bloody day.

Paula is a lady from Houston who now lives in south Texas. She got interested right away. It didn’t sound like anything Paula Carroll Swann ever heard about growing up in the household of a Houston Police Homicide Detective.

Those old boys diagram the scene, where the bodies fell, count the shell casings, catalog the evidence, photograph the scene. They build a Bible on the case, based on the evidence.

They confiscate the guns. Have them test-fired, compare the bullets recovered from bodies, walls, furniture – with the test-fired bullets.

If the cops fire their guns, they have ballistics tests performed on their guns. All the cops. All the guns.  So far, so good. We’re talking about personal knowledge, here. Personal experience.

“All of the 44 casings recovered came from firearms of 14 law enforcement officers. Twelve of the 44 casings recovered were fired by three Waco police officers using patrol rifles that fire .223 caliber rounds. Those rounds killed 4 people. They are Officers Bucher, Jackson & O’Neal.

Fourteen officers are involved. Where are the missing 11 rifles?” asked Paula Carrol Swann. She’s still asking that question. 

The Waco cops kept right on plowing ahead. They refer all questions to the Attorney General’s Office. That old boy told the defense during the trial that the prosecution concealed evidence.  

As of this release, there are a total of 44 shell casing recovered from the Twin Peaks scene,” said a Waco police statement issued by then Chief of Police Brent Stroman. “This number does not include the revolver rounds fired by non-law enforcement shooters. Those casings are still being counted. Twelve of those casings were from the rifles of 3 Waco Officers who discharged their weapons in defens of themselves or a third party. The Waco SWAT Officers’ weapons are .223 caliber rifles that are capable of full-auto fire. Officers only fired in semi-auto mode during the incident. There was no full-auto gunfire from any of the Officers at the scene. As is normal practice, rifles carried by the Waco SWAT Offiers were deployed with sound suppressors. No other Officers fired rounds from any other weapon during the incident. The Officers involved in the shooting have been assigned administrative duties pending the outcome of the investigation.”

The Southwest Institute of Forensic Science tested the three rifles. Their expert witness testified about that during the trial.

When an ATF agent took the witness stand following the testimony of a tool mark technician from the agency’s laboratory, he admitted under cross examination by Carrizal’s defense counsel Casie Gotro that he obtained his knowledge from reports prepared by the Waco cops and other agencies involved in the ambush.

She objected that the witness had no personal knowledge of the evidence, that he was prepared to testify about matters alleged by other persons, other experts in their official reports. She told the judge that’s hearsay.

No one asked why those experts were not subpoenaed to testify about the material they developed in their investigations, why the federal government was called upon to interpret their findings in contravention and abrogation of the Texas Code of Criminal Procedure.

Naturally, there’s a reason for that. The prosecution, the elected District Attorney, took their case away from them. He ordered them to arrest everyone wearing a patch of a certain color. That made him a necessary witness, the complaining witness, the one the prosecution usually leads off with, a person with a title like Detective, Inspector, Captain, Lieutenant, Sergeant, Patrolman. These flat-footed characters always qualify as to their expertise, training, years of experience – and the like. You know, the fuzz.

You would have to be a trial lawyer to understand why. To ask might just be argumentative, leading, irrelevant – something. After all, they keep it about as complicated as they can. That’s why Clarence Darrow said what he said. Court is a place you don’t want to be. Why?

“There is no justice – in or out of court,” Mr. Darrow declared. Had they not indicted you, they could have indicted a ham sandwich, etc.

Judge Johnson agreed with Casie Gotro. He sustained the objection.

He told the prosecution to call their next witness, dismissed the ATF agent, and the elected DA Abel Reyna and lead prosecutor Michael Jarrett looked very disappointed when they stacked all the reams of documents back into the tote bins in which they transported it to the courtroom.

Naturally, he told the man from the ATF to watch his step as he alighted from the hot seat. There’s a step down, you see.

It was a moment.

Though nightmarish and Orwellian, it is a moment that “resounds like a sixteen penny nail when struck by a greasy ball peen hammer, ” as Brother Dave Gardner so often said in his nightclub act.

Tee hee. Ho ho.

NOW, we’re getting somewhere, as Dr. Hannibal Lecter would say.

Why didn’t Paula Carroll Swann talk about all this before? Because she didn’t want to do anything to complicate the trial of Jake Carrizal.

Paula Carroll now wants to tell her story. It’s a good one.

Thirteen of sixteen entrance wounds were .25 inches in diameter or smaller.

FN P90s fire a round with a diameter of .224409 inches. M-16s fire slightly smaller rounds with diameters of 0.218898 inches. All but one of the victims had wounds fired from a downward trajectory. Six of the nine dead had head or neck wounds. None of the wounds contained gunshot residue, which indicates that the shots were fired from at least three feet away, and probably five feet or farther away. The absence of residue casts doubt on clams by prosecutors of ‘Bandidos executing Cossacks, and Cossacks executing Bandidos.’ Two of the dead had large wounds consistend with a 12 gauge shotgun slug. Ten of 16 wounds were in the back, indicating that the victims were running away when they died. Seven of the wounds were fired from right to left. Six were fired from left to right.

Nine millimeter bullets have a diamter of 0.35433 inches; forty caliber handguns fire a bullet that is four tenths of an inch in diameter and .357 magnums fire rounds that are about .357 inches in diameter.” – Reason.com

For the record, a .38 special bullet is .358 inches in diameter, according to “Modern Reloading,” by Richard Lee.

This is a rudimentary sketch of the L-shaped ambush the cops laid – Paula Carroll Swann 

Waco Police: Bucher, Jackson , O’Neal , Vail , Ziboli, Stone, Fench, Barnham, Davis, Swanton. DPS: Frost, Lt. Schwartz, Glenn, Gerik, Dale, Overcast & Detective Rogers. One Sheriff’s Office car, officer previously unknown

If it will, it will; if it won’t, it won’t – It’s who counts the votes really matters

McLennan County – If you still think you can’t vote because you were convicted of a felony years ago – you’re wrong.

That’s because certain power people want you to be wrong, and they’re working hard to make sure you are.

You can register to vote, and you can vote, but will your vote be counted? Maybe, maybe not. Here’s why, according to the Secretary of State’s Office.

To make sure you get a chance to make a record of your restoration of voting rights by operation of law due to your successful completion of your sentence, read this and follow directions.

https://www.sos.state.tx.us/elections/laws/effects.shtml

Go to the DA’s office and request their assistance getting a certificate of release from the Court where you received your final conviction. This will show that your voting rights have been restored by operation of law. You can have it file marked and use it to memorialize the release with the Registrar of Voters to make sure your entry in the Voters Database is correct.

If you still think all this is making too big a deal out of the status quo, then consider this.

The COC and I meeting at Twin Peaks on May 17, 2015, was held to let Paul Landers of Austin give a talk about the present state of affairs in state houses nationwide vis a vis bikers and cops.

He never got a chance to make that talk. He got busted, and a Justice of the Peace with no legal training, a retired highway patrol speed cop, set his bail at $1 million to “send a message,” along with 177 other persons.

So the cops made sure he and the rest of the 177 people, plus the ones they didn’t arrest, were deprived of their God-given right to freedom of association, expression, and the political right to speak freely about ideas of their choosing. Pity.

What’s more, he has never yet gotten his day in court. Here is what he told David Devereaux of the Motorcycle Profiling Project:

To our patch holder and independent riding community at large, do not quit! Do not let one tragic incident like Waco curb your passion and commitment to inform, educate, and legislate all riders. We are all Americans. You must continue the fight to protect your civil liberties. Do not be silent! If anything, Raise your Voice. Gather in numbers, organize your community, police yourselves, and control the message you wish to be heard.

This is a motion to quash the indictment against him; though filed in October of 2017, it is yet to be heard in 54th Criminal District Court by DA Abel Reyna’s former law partner, Judge Matt Johnson

Landers Motion to Quash the Indictment for Prosecutorial Misconduct 10_19_17

Landers’ name came up during the Jake Carrizal trial that ended in a hung jury in November. They showed a picture of his pickup truck and mentioned that a number of long guns and several handguns were found locked inside the cab.

That is not a violation of the law. You can carry firearms in your vehicle with no penalty or violation of the law whatsoever.

So, what is the problem? Maybe the problem is that the cops don’t want folks to have guns? They don’t like motorcycle enthusiasts? Don’t like political meetings?

Maybe they just have a problem, period. Antisocial types.

Who cares?

Vote early and often.

  • The Legendary