Murder Magic of Ritual Trauma Comes On Home

Amendment VIII – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

THERE IS AT MCLENNAN COUNTY, TEXAS, a place where they keep the lock on the door and the path is never free to walk, never gentle on your mind.

There is a crazy river and a little hill, massive and ancient pecans and squirrels galore – and then there are the steep Aztec steps suitable for a pyramid in the high desert topped with a double dome suitable for a Florentine morning following a night of court intrigue.

It is a palace of justice, but the people who live there know better. They know it’s just an ornament built over an open sewer.

Many people are consumed by fear, some by fire, and others are eaten alive, chopped up by the windmills of their own minds; but the truth is always there and plain to see. Listen to the story.

We had to travel to a CIA conference at New Orleans to get it, but it’s a good one for a morning in January when Scooter Bergman faces a judge and prosecutor who called his false indictment for a murder that never in fact occurred a “clerical error.”

The Company man called it “ritual death magic.” Listen to his story.

Any knowledgeable observer of courts and their business both civil and criminal knows that the case is either won, or lost long before the prosecution and defense announce they are ready for trial – and far in advance of the time when the judge charges the jury and instructs them on how to return their verdict.

This is a pre-trial hearing, but we went to New Orleans and talked to a man of letters who publishes extensively about assassinations, terror campaigns, germ warfare, “drug epidemics,” espionage,  currency destabilization, statecraft, and other trickery, in order to get the picture.

So mote it be.

  • Legendary Jim


Scooter Bergman flew the patch of Los Desgraciados at Twin Peaks

DA’s Office Soft Pedals Reyna’s TDC Gang Unit Job


Board membership and the Chairmanship of a special prosecutors unit that handles cases of prison gang members automatically devolves to elected DA’s whose jurisdiction contain TDC operations.

When the McLennan County DA’s office announced just a week after Dallas attorney F. Clinton Broden made it clear that elected DA Abel Reyna is under investigation for his ties to area gambling operators, the improper transfer of large quantities of cocaine to his custody, and the influence peddling to get out of DWI cases for heavy campaign contributors, the defense bar expressed outrage at his appointment as the chairman of the prosecution unit.

And then there are the allegations of aggravated perjury under oath on the witness stand at a hearing to have him disqualified as prosecutor of the Twin Peaks cases.

Official reaction to all that is mild.

According to Assistant District Attorney Sterling Harmon, Reyna’s appointment is nothing but a matter of routine, as material he released in response to a Public Information Act request makes clear in a 2016 e-mail from the unit to Reyna.

One may read the e-mail by clicking the highlighted area below:

This is an audio of the reaction of defense lawyers working Twin Peaks cases when they learned officials appointed Reyna to chair the Special Prosecutors Unit.

To Beat The List, Beat The Box-So Watch The Polls


WACO – Getting out the vote is only half the battle. Counting them gets tricky when it comes to the party politics of primary colors like deepest scarlet, redder than the freshly oxygenated blood in human arteries.

Back when all 254 Texas courthouses were Democrat, Lyndon Johnson would say, “I like it; I love it; it’s at the right hand of God; it’s vital, it’s moving; you can’t stop it. We are going to have it. But, first, where are the 100,000 votes?”

“They aren’t lost,” says Mel “Popeye” Moss. “We know right where they’re at. It’s called the Republican Party voter data base, and it’s public record. We just happen to have a copy and we’re going to use it.”

Moss and his band of merry men, the Sons of Liberty Riders Motorcycle Club, are devoted to the traditions of the Tea Party – you know – the one where the York Rite dressed up like Indians and dumped the stuff in the water. Boston? Ring a bell? Right after a Moon Lodge stated meeting?

That was about the excise tax on coffee and tea; this one is about the user fee the Legislature converted the “motorcycle safety fund” into after the bikers dreamed it up and got it passed.

After the money built up to $13.5 million – which is a lot of bread for a hog-ridin’ fool, or anyone else – they decided to have a pow wow about this, and guess what.

The feds, DPS, Waco cops, a mess of “motorcycle gang experts,” and the Department of Homeland Security Fusion Center came down on them like white on rice.

They let a bunch of dudes with black and gold colors, some of whom are also members of a prison clique called the Aryan Circle, take over the meeting place at an upscale beer and burger bistro on a Sunday noon, then stood by and watched while they started shooting and whipping up on the dudes wearing red and gold when they rode in on their scoots.

Then the police sharpshooters started shooting the trigger happy, and they say when it was all over in about 90 seconds, 9 lay dead, 20 wounded, and the incumbent DA made a command decision.

He made it even though every cop there told him not to do it. He became the complaining, or “necessary” witness in the case, and the rules say you can’t be the prosecutor and the policeman at the same time. In fact, as a witness, you can’t be in the courtroom unless the judge and the attorneys have released you.

They’re letting him get by with it, even though he lied on the witness stand about it.

He decided to have everyone arrested who wore a club patch after letting a lot of them go, and when the cops wouldn’t sign the affidavit of probable cause, he found one who would. The result is that what happened on May 17, 2015 is still pending in the county’s two criminal district courts, taxpayers just ate a $600,000 doo doo sandwich to see the only guy prosecuted thus far walk away after a mistrial in which the jurors just flat out told the judge they were through, headed for the house, nothing to see here, and all that jazz – and the end is nowhere in sight.

McLennan County with its proclivities for explosive displays of authority – I mean, let’s face it, there is a history wherein people seem to blow up and burn alive on a fairly routine basis – is just one of a number of communities that went to a new system of voting centers that have replaced the traditional precinct structure and ward heeling bases of machine politics.

According to a white paper from the Secretary of State’s office, forty-two Texas counties have gone to the “super precinct” vote center approach for primary and runoff primary races of 2016. Most are like McLennan County, which clocks in at 41 percent of its ballots cast during early voting. (April 24 – May 2) This way, a voter doesn’t have to wait in long lines on election day, and it’s not necessary to drive all the way back to the house to get the job done.

Working men and women can hit the vote center during coffee break, lunch time, or on  the way home, and never lose a minute in their busy day.

Due to the backlash against the “motor voter” innovation, in which conservatives perceived and objected to ballots cast illegally by undocumented aliens and convicted felons, and the advent of the voter ID laws, a lot of those people are turned away when they try to vote, or register to vote.

You’ve got to remember, in a single party state, we’re talking bare knuckle intra-party fuss fighting over hot button issues and cold war forget-me-not feuds that are kept brewing by the party faithful, decade after decade.

That’s why Tricky Dick’s southern strategy worked so well. Forget, hell, we ain’t forgot nothin’, they said, and Nixon knew that was right.

The deep thinkers say World War III is long gone and over; the sea change came after The Gipper told the Russkies to tear down that wall.

Deeper thinkers call the War On Drugs the War On The Vote, and drunks know that the costs of driving while blind will keep you in the poor house when you should have long since started calling taxis or paying a chauffeur.

They catch up with you at the ballot box. The laptop gizmo with its card scanner for numbered ID with pictures, bar code scanner for voter lists, and automatic label printer, handles the “A” list of  voter ID. And then there’s the B list.

It’s all good. The problem is that the lists aren’t always all that up to date. That’s the power point, the fulcrum, the pivot point where the leverage is applied.

The bikers see it this way. Elected Criminal District Attorney Abel Reyna has got to go. He’s got a lot of problems previously covered in these columns, including some peccadillos with Peruvian marching powder, influence peddling to be the boozy blues in B-flat a la DWI, and other items on the menu too numerous to list here. And then there’s the alleged aggravated perjury of his testimony during a disqualification hearing.

The truth is, the FBI has him on the radar, and the AG’s office is looking into his practices. It doesn’t look good.

Comes now Barry Johnson, who wants to run the people’s law office following a successful practice as a Dallas litigator.

He needs a boiler room, and the deal is this. Door knocking, block walking and all that jazz is difficult in the suburbs. It’s a long way from house to house. This isn’t Baltimore, Buffalo, Brooklyn, or Boston. But that’s if you don’t use social media. E-mail. Text messages. Cell phones. Voice Over Internet Protocol (VOIP).

Enter Moss and Co. They’ve done this a number of times, all over Cowtown and the mid-cities.

It works.

So, in a town so thoroughly intimidated by the powers that be, who’s going to staff it? I mean, this city drank the Kool-Aid way back there. They think they got and maintain their jobs due to a munificent and beneficent power structure of tax abatements, non-profit municipal economic development scams, triple-A rated revenue bond issues – and the like.

Wrong. The deal is, those Fortune 500 companies have a lot of work to do and the people who meet the man and aren’t all that bad about Mondays are good at doing it.

Well, the bikers who got busted can’t even come to McLennan County or Boss Hawg will go off their bond. But their old ladies and friends are free to come go as they please.

“They didn’t get the chicks,” said Paula Carroll Swann, a New Braunfels woman from Houston whose dad was a homicide cop and taught her to read autopsy reports and trace lines of fire from evidence markers. “We can do what we want to do,” she declared – crowed – over the phone.

Now, these ladies are good with the keyboards – silent but deadly when it comes to digging up the facts, making the calls, doing the research. Expect to hear from them.

That leaves the all-important job of poll watching.

Tough job. Party functionaries in McLennan County are known to throw red-in-the-face tantrums, huff, puff, get loud, pump their fists, and run that bluff until the po-leece arrive – and everything.

But the deal is this.

Provisional ballots may be vetted and proven valid by automatic operation of law. The records are public. It’s not so hard to prove you have served your time; you’re clean; you have the right to vote – and you made your choice crystal clear, as that well-known lawyer who was once President before  he resigned to prove he’s not a crook would have put it.

Here’s some literature that explains it, and you know the guys running the election headquarters are lawyers – criminal defense lawyers.

Wanted: Some tough cookies in a mood to learn how to face them down on a daily basis, and get the job done.

Yeah, those hundred thousand votes, Mr. Johnson.

Or, folks can go this route. They can listen to Baylor Law School luminary and nationally recognized voting rights expert Judge David Guinn, who has helped the legislature gerrymander the redistricting of Texas for decades following enactment of the Voting Rights Act of 1965.

He can tell you why there are a whole lot of people who not only can’t vote – but never will. He explained it all in this video we made when the McLennan County Commissioners’ Court decided to redistrict and eliminate constables and Justices of the Peace – after the elections were final and the votes were canvassed.

Yeah, they nullified the peoples’ choices. Just like that. They did it in the year 2006, too. What did the get out of that? Power. They got to show the world it’s their decision whose judgment is used on you when you’re busted, die in a car wreck, punch out your neighbor.

In fact, that famous smiling judge “Pete” Peterson got his job that way. They chose him, and then he made history by creating the Million Dollar Crew, the 177 guys and gals whose bail was set at one hundred iotic simoleans to “send a message” in spite of the Code of Criminal Procedure, the Eighth Amendment, or other little doo dads.

Judge David Guinn – Legislative redistricting expert at Baylor Law

For a good time, click here:

So mote it be.

  • Legendary Jim

Scooter In Court Friday – Indicted As Ham Sandwich

WACKO – Scooter Bergman of Los Desgraciados is back in the 54th Criminal District Court on Friday, January 5, and sweating the small stuff.

Because it’s not all small stuff, as he has learned since his adventure on May 17, 2015, at a political meeting about legislative matters held at Twin Peaks Restaurant.

Bergman has learned that his visits to the court require subpoenas to be issued and served upon witnesses – at $85 the copy.

And then they postpone or cancel the hearing, which requires the same rigamarole – all over again – at the same price, no discounts available.

The rules are the same as those in a knife fight.

You just stand there and cut until the other guy runs out of blood. That’s the basic idea.

You see, Scooter Bergman and Richard Luther share a very distinctive place in the history of Texas jurisprudence. The Grand Jury indicted them for the murder of a man whose death was not, in fact, the result of murder.

According to the elected Criminal District Attorney, Abel Reyna, who took over the police investigation on that fateful day and ordered the arrest of all wearing what he determined to be outlaw motorcycle gang patches, it was merely a clerical error.

His attorney, F. Clinton Broden, released this statement:

On behalf of Burton George Bergman and Richard Luther:

McLennan County District Attorney Abelino Reyna released a statement today acknowledging that, in connection with the Twin Peaks case, his office was able to convince a grand jury to indict Mr. Bergman and Mr. Luther and other motorcyclists for the death of William Anderson, despite the fact that Mr. Anderson was not killed as a result of the Twin Peaks incident. Nevertheless, Mr. Reyna’s statement seeks to minimize this fact by referring to it as a “clerical error” that “has absolutely no effect on the charges or the viability of those indictments.”

The fact that DA Reyna does not understand the magnitude of this error is shocking and disappointing. A grand jury was designed to act as a check on the prosecution. Nevertheless, Mr. Reyna was able to bamboozle the grand jury into indicting Mr. Bergman and Mr. Luther and other motorcyclists for a murder that Reyna now acknowledges they had absolutely nothing to do with. This is a sad commentary on the justice available in McLennan County and, unfortunately, gives new meaning to the old adage that a prosecutor can get a grand jury to “indict a ham sandwich” if he chooses. The fact that Mr. Reyan was able to obtain indictments for a crime which even he acknowledges did not occurr is reflective of the way this case has been handled from the beginning. – F. Clinton Broden

To read about the reasons Bergman sought the disqualification of the elected Criminal District Attorney, click the highlighted copy:

So mote it be.

  • Legendary Jim

Relax – And Get Happy In It

Reporting from the Occupied Bayou City – Our sources say sub-freezing temperatures notwithstanding, Chief of Police Art Acevedo’s troopers have confiscated all tents, blankets, extra warm clothing, and food supplies from the homeless.

It is now illegal to feed those made desperate by poor hydraulics and the manipulation of the actuarial 100-year flood plain, illegal to sleep on the sidewalk, illegal to live in the…Why go  on?

Turning to – the good news – At Jerusalem-On-The-Brazos, activist bikers who briefed Barry Johnson, a Republican Primary candidate who opposes incumbent Criminal District Attorney Abel Reyna in March, the challenger is fully on board with the image of members of the Confederation of Clubs fighting back in the political trenches.

It was at their meeting at Twin Peaks on May 17, 2015, that a small faction of Cossacks crashed, jerked out the pistolas, and got rude.

His attraction to them is simple enough.

They will put out the yard signs, make the phone calls, register voters, drive folks to the polls, assist the elderly and shut-ins with early voting and absentee voting – and all the other myriad tasks it takes to get elected in a county-wide race.

Their attraction to Barry Johnson, a Republican attorney who built his career in Dallas, the son of a Waco State District Judge, is even more easy to understand.

Johnson has a better idea, and his declaration of Job One is powerful; it carries a message of hope to a beleaguered community riding on two wheels and traveling in cages up and down what Henry Miller termed “the bridal paths of the iron monsters.”

There is no way in hell, Johnson told his new biker friends, that two criminal district courts can hear 155 organized criminal conspiracy cases against We The People when in all but less than a dozen cases, the State has not the requisite evidence to obtain convictions.

The winner take nothing mistrial judgment against Dallas Bandido Chapter President Jake Carrizal, which was obtained after five weeks at trial and a month of pre-trial wrangling following two-and-a-half years of legal limbo at a cost of $600,000 in security and administrative costs, proved the point.

Just like the classic line Jim Hightower always attributed to his Aunt Ida, “Hog’s in the ditch…”

Johnson’s plan is even easier to understand.

Said Sons of Liberty Motorcycle Club President Butch “Popeye” Moss when he emerged from talks with the candidate, supportive members of the bar, and disaffected GOP functionaries left, right and indifferent, “He says his opponent has lots of support from organized crime, you know – eight line spin and win parlors, drugs – all that.

“But the cops in Waco tell him there are only about five or nine guys you can make a case for murder or aggravated assault against in the Twin Peaks deal. He’s got to put together a team of prosecutors who can sort through the evidence, and then prosecute them.”

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

What about the other cases?

You know, the ones where there really isn’t any evidence other than the accused was there, flying a patch, and in some cases, actually fought back against assailants?

Why were they there? Politics. They wanted to hear about the Legislative Session in progress, find out the status on five open carry handgun bills then being considered. Little things like that.

“They’ll have to clear them.”

And the Legendary say:

Right on, Professor, get on the box and rock the flocks. 

This is the day that the Lord Hath Made. Relax, get in happy in it, and start making some kind of hallelujah when you walk that walk and you talk that talk.

Like the fella said, “Ain’t that good news, man, ain’t that news.”

It’s either that, or, like the other fella said, “Just strap a bomb to your wheelchair and…”

We gone.

So mote it be.

  • Legendary Jim