A Mighty Cold Blue Wind

EXEUNT – Casie Gotro, trial lawyer of Houston, her client out of bullets

Waco – The appointed hour of 1 pm came, the lawyers, the court reporter and the defendant Jake Carrizal assembled in the chambers of 54th District Criminal Judge Matt Johnson, and they called the question.

Will the trials of the Dallas Bandidos President continue?

In a word, no – not at the present.

When they emerged and went back on the record, defense counsel Casie Gotro addressed the Court, saying, in part, “Jake is indigent.”

He’s out of bullets.

Neither she nor he can afford to continue.

Whatever comes next, a court appointment of an attorney, pro bono representation by another trial lawyer – whatever – “I will stay on until the other attorney is up to speed,” she promised.

Discovery of two million documents, the statements of hundreds of witnesses – all was turned back over to the prosecution following the November mistrial when a jury hung, unable to return a verdict.

The judge granted her motion to withdraw from the case, and it was all over, and at that moment, a mighty northwest wind fetching the chilling temperature of a blue norther, the kind of blow that makes two-ton vehicles wander from centerline to the shoulder in gusts of irresistible force, suddenly scoured the valley of the Brazos.

Scooter Bergman, a man guilty of nothing more than being at Twin Peaks Restaurant on May 17, 2015, wearing the colors of Los Desgraciados – the disgraced ones – looking to attend a political meeting, accepted the motion for continuance of his attorney F. Clinton Broden, as it was granted.

He had earlier refused to lie and say he is guilty of any offense whatsoever and accept the terms and conditions of probation.

“That would be my first lie,” he told the gallery, the media, and world. Red and Gold Nation rose to its feet as one and shouted, “Ai, cojones…”

He will not see a trial for 180 days, in the dead heat of summer.

The Twin Peaks saga, a massacre in which am ambush party laid in wait for the Bandidos wearing the black and gold colors of the Cossacks, a battle that then turned into a police ambush of those malefactors, slipped out of gear, into mothballs, for the political primary season.

When it’s over, voters will have a choice between either a man who allowed the federal prosecutors, a murky intelligence bureaucracy, and the Army to manipulate the case of the People of the State of Texas, or a new interlocutor native son lawyer from the GOP. The winner of that race will face a Democrat who practices criminal law in the courts of McLennan County.

The unexplained, the answer to the question that remains is this: On the day of jury selection, a number of persons indicated to the judge that they could not speak the truth – voir dire – aloud in open court, due to their fear for their lives.

This nameless, unspoken, undefined terror drove them from public view. Judge Matt Johnson gave them an opportunity to line up seeking privacy for their examination.

Both prosecution and defense, the defendant, the judge, and the court reporter retreated to the jury room. When they emerged, a number of those persons – nearly half the empaneled members of the venire – had been placed on the jury by elimination in the attorneys’ picks and the judge’s removal of veniremen for cause.

The operative question – the bottom line – had been this. Just as matters are, the way you sit here now, is there any reason you cannot render a fair and impartial verdict of guilty or not guilty, based on the facts as presented?

That question was never answered publicly.

If they were in fear for their lives, how could they do any such thing? What made them fit for jury duty in which they would be called to sit in judgment of a man on trial for an offense that could net him 45 years behind bars?

It’s a fair question. The fact that it costs a pretty penny to read the recorded transcript of the voir dire taken in private is an obscenity flung in the face of justice, a menacing insult to the intelligence of thinking men and women on any side of the question.

The arctic blast of a frosty blue norther answered. All persons with good sense headed for the house, grateful to have shelter from the storm, driven by the sleet, threatened by the prospect of sheets of ice in their path.

So mote it be

  • Legendary Jim

HEISENBERG’S PRINCIPLE OF UNCERTAINTY

Racial Profiling Nixes Cops’ Choices In Stops

Snapshot from the 2015 arrest of Sandra Bland for a traffic violation

Riesel, Texas – Chief Danny Krumnow is often mistaken for a person of Hispanic extraction, a misconception he denies.

He uses that to point out his dissatisfaction with certain amendments to the Texas Code of Criminal Procedure and some elements of the Government Code resulting from the blowback to a very proactive posture on the pursuit of evidence in roadside stops.

In a terrible 2015 incident, Chicago native Sandra Bland stopped for a Texas State Trooper at her alma mater, Prairie View A&M University, and when the man demanded she extinguish her cigarette, the situation rapidly deteriorated from chilly to outright nasty.

She wound up in the Waller County Jail where she committed suicide by hanging herself with a garbage sack; the trooper lost his job.

Her family settled a federal civil rights suit in part by negotiating a new way to handle suspicion of cops’ racially profiling motorists and reaching a modification in the way persons who are placed on suicide watch are handled if placed in jail.

According to Krumnow, the new system is far less than perfect, because it removes the discretionary power of a policeman to deal with each situation as it occurs.

Our visit took us way down the road in exploring the complexities of just how cops try to keep the highway traffic safe and moving in the right direction to get freight and passengers.

There is a key element in Krumnow’s way of doing business in this sliver of a town located on a busy stretch of State Highway Six between two dual lane ribbons of blacktop studded with diesel filling stations, convenience stores and pit stops for a fast and steady  stream of traffic between Houston, Waco, and the DFW metromess.

“When I hire an officer, the first thing I ask him is, ‘What do you think your job is?’ Most of them say it’s to enforce the law. I tell them that’s not right. I tell them their job is to keep the peace. If you keep the peace, you don’t have to enforce the law.”

The new law requires a report of whether the peace officer knew the race or ethnicity of the person stopped before their detention and whether the peace officer used physical force that resulted in bodily injury, as defined by the Penal Code.

Sandra Bland may be heard on the dash cam video of her arrest saying that the Trooper is trying to break her wrist. He insists she stop resisting.

Part of the Texas Government Code has been amended. If a person must be put in custodial detention and placed behind bars, care must be taken if within the jurisdiction there is a treatment center should there be evidence that the reason for the need for incarceration is substance abuse related. A need for suicide watch is to be carefully evaluated and balanced with the need for hospitalization.

The bottom line is, he and a lot of traffic cops are in diametric opposition to the record keeping aspects of the Sandra Bland Act. If the Legislature should take up the issue in the future, he says he’s ready to testify as to its deficiencies and the difficulties it poses for men and women in his position.

The bottom line is the racial profiling requirements of the Sandra Bland Act will lead to a more heightened degree of tension in a situation that is already unbearably tense.

Warning tickets are going to be a thing of the past. In cases of professional drivers who hold a Commercial Driver License, the warning tickets will count against their safety record. The cameras come on thirty seconds before the speed cop flips on his red and blue blinkers.

Bad scene at the buffalo waller, to say the least.

Diesel Chief of Police Dan Krumnow says people often mistake him as a person of Hispanic extraction. He insists he has no idea what race people he pulls over may be. “Other” is not a choice in the database.

Go Go Gotro – Done Gone

Houston – Barrister Casie Gotro, who battled the powers that be in Waco to a take nothing judgment in the case against Dallas Bandidos President Jake Carrizal, got her report card.

She “doesn’t play well” with some men who think they are very important. Had she fared better with them, her client could have been found not guilty, rather than receiving a mistrial due to a hung jury.

The amazing thing is, the powers that be never really presented any evidence that Jake Carrizal participated in a conspiracy to engage in organized crime that led to capital murder and/or aggravated assault on May 17, 2015 at Twin Peaks Restaurant. Nor did they ever express, expose, or proffer any evidence that he directed the unlawful activities of a criminal street gang, an ongoing criminal enterprise – or, for that matter, a marching and chowder society.

They did show us some pictures of he and about a dozen other guys fighting back against 70 or 80 armed men. We did see that, and so did the jury.

All of this pales in comparison to what Casie Gotro, Esq., accomplished – and taught a lot of law while she was it, especially how to preserve a record of reversible error and grounds for a directed verdict of not guilty.

So the Go Go done gone and took out for greener pastures.

According to the general counsel for the National Club, Bandidos MC, U.S.A., she did her job pro bono, working gratis for a five-week trial, months of pre-trial preparation, and at least a couple of weeks of pre-trial hearings in which she and a high-powered team of legal talent representing other patch holders targeted by JADE HELM 15, the ATF, Justice Department, FBI, DPS, and the Waco police, got the original trial judge, Ralph Strother of the 19th Criminal District Court, recused for cause. His conduct displayed “bias,” according to two visiting judges called in to decide the motions.

She confirmed the rumor that she filed her motion to withdraw from the case shortly after 5 pm today, Monday, January 8, in a text message.

The general counsel for Bandidos MC, U.S.A., Bill Morian, told me you are filing for withdrawal as attorney of record in the case of State v. Christopher Jacob Carrizal, Dallas Bandido. Is that true?”

I filed it today,” replied Ms. Casie Gotro.

Nothing Earth shattering. Apparently some people believe Jake would have gotten a verdict of not guilty with a better lawyer, so he is going to try his hand with someone else.

No shortage of Monday morning quarterbacks in my profession so no hard feelings.

This might not surprise you, but I didn’t play well with some folks who fancy themselves very important men,” she concluded.

Had she snapped her fingers, fire would have flown from her fingertips. I’ve seen brave matadors, mad bulls, roaring lions and sneaky weasels in their various invective, proffer, argumentation and summation. Truly, I have.

She is the first ballerina I have ever seen dancing across the well of the courtroom, pirouetting from the defense table to the witness stand, leaping to the evidence table and back to the defense table to label the exhibit and publish the evidence to the prosecution.

She is our music box dancer, and she will always be remembered as someone who fought for our grandchildren and their children as yet unborn against a totalitarian form of jurisprudence.

Hear. Hear.

Bravo!

So mote it be.

  • The Legendary

DA Fired Her, Or Not: SPECIAL PROSECUTOR

AG DECIDES ON RELEASE OF PUBLIC INFOMATION, NOT DA

Guest Post By R. S. Gates, Minister of Irritance

Waco – I received a letter today from Abel Reyna wherein he requests to withhold public information. The Texas Public Information Act reserves the authority to determine what is and isn’t public information to the Attorney General.

I requested information related to the separation of Ms. Britanny Lannen Scaramucci from employment with the DA’s office. I made the request because the news media quoted Abel Reyna saying she was fired from his office, and I saw a post on social media saying that was not the case. So here you have a he-said/she-said.

I was at the hearing where there was a motion to remove her as special counsel in the prosecution of the two Baylor people who were arrested for DWI. The subject of her separation from employment with the DA was, in my opinion, thoroughly vetted in that hearing. I think the case could be made it was the sole basis for the hearing. At the end of the day, Judge Gassaway was unimpressed and refused to order her removal.

The local lap-dog media has eagerly published quotes from Abel Reyna and made little or no effort to do any real reporting. As you can see from the AG request, Abel Reyna appears averse to fact checking.

It’s pretty simple, if there is a letter of resignation, she was not fired. If she was not fired, not only is the DA lying but he local news media has no credibility and could be characterized as a propaganda machine.

I think your readers deserve to decide for themselves.

R.S. Gates

Brittany Lannen Scaramucci is in practice at Valley Mills, Texas

‘We Thought We Were In An Empty Parking Lot’

Ben Matcek with his son on a happier day than May 17, 2015

Bryan – Ben Matcek sat in his truck, his hands glued to the steering wheel while the Waco cops pointed guns at he and two others who had rushed a gut-shot brother to the emergency room at Hillcrest Hospital.

They watched as the man they had rescued staggered in shock to through the hospital doors with finger wrapped in a bloody handkerchief, stuck in the rapidly bleeding bullet hole.

But we’re getting ahead of ourselves. There’s more. Much more.

Matcek is the only biker arrested far from Twin Peaks, a little more than two miles, while wearing no colors, but because he had a Harley bar and shield decal in the back window of his pickup, officers noted their suspicion.

That was after Waco cops made a brother Line Rider, a mom and pop club with a small membership in Burleson and Brazos Counties, walk into the emergency room at Hillcrest Baptist Memorial Hospital with his finger stuck in hole in his gut, a bleeding gunshot wound, because he could obtain no medical assistance at the crime scene.

The cops stuck pistols in their faces and made them wait in the truck while the man struggled in shock to walk into the emergency room, denied a wheelchair or a gurney.

But he was actually arrested twice for going to his brother’s rescue. First they set his bond at something like $80,000 for misdemeanor crimes. When days later he turned himself in at the McLennan County Sheriff’s Office headquarters in downtown Waco for the offense of engaging in organized criminal activity, US Marshal’s Service SWAT teams raided his house in Bryan and his father’s father-in-law’s houses in the crosstimbers near North Zulch.

He has not been indicted. His story is grim to behold.

Maybe the worst part of it is the part where he and two other members of the mom-and-pop club were housed in a tank situated between entire wings occupied by red and gold and black and gold members kept separate for safety’s sake.

Gang experts had determined they were not part of the conflict between the two clubs. In fact, a nameless gang task force unit member who never introduced himself said he knew they were not really members of an outlaw motorcycle gang as designated by the Justice Department and the Department of Public Safety.

No, they wouldn’t give him his medication. Jailers at the Jack Harwell Detention Center never got around to obtaining it.

A federal civil rights is pending in U.S. District Court at Austin alleging that he and his companions were deprived of their civil rights.

“It’s become very difficult to find a job,” he said. “Everyone wants to do a background check, and when you’re charged with a felony crime…”

.

DFW Trucker Shit Cans DA’s Deal – It’s On Trial

SECOND TWIN PEAKS TRIAL HEADED FOR A JURY 

Scooter and Judy Bergman just said no

Waco – Prosecutors, defense counsel and the defendant had just emerged from the judge’s chambers in 54th Criminal District Court when F. Clinton Broden told the judge he wanted to put it on the record his client Scooter Bergman had rejected a plea offer proffered by the DA.

All ears were on the dialog.

At one point, when Broden brought up discovery problems in the previous Twin Peaks jury trial of Bandido Jake Carrizal, lead prosecutor Michael Jarret began saying, “You Honor, I must object,” when Judge Matt Johnson said in a sarcastic tone, “You are saying there were no problems with discovery? Were you and I in the same trial?”

Jarrett’s voice and his objection seemed to just trail away like a vapor trail in the sky.

After his lawyer gave him the green light to discuss his rejection of the deal, Bergman summed it up with an economy of words startling in its directness.

Why did he turn down two separate proffers involving deferred adjudication in return for a guilty plea?

“Because  didn’t do it,” he said, his nostrils flared in disgust, as if smelling something dead and stinking of putrefaction.

“And that would be just the first lie I would be telling.”

His implication is clear. Why should he tell some lie about something that just like the charge he was indicted for, engaging in organized criminal activity that led to capital murder and/or aggravated assault, he not only did not do, but no one did – because it never really happened?

They told him he could plead out to a reduced charge not involving murder, but only aggravated assault in return for a suspended sentence and deferred adjudication upon successful completion of his sentence.

When he rejected that, they offered a year’s misdemeanor probation and deferred adjudication .

“It was a sweet deal, but not for us,” said his wife, Judy.

In an hour’s time, F. Clinton Broden had taken the judge and jury over all the hurdles and stumbling blocks that stymied the Carrizal trial during 5 grueling weeks of argumentative testimony, explosive objections, and wrathful trips to the judge’s chambers – all over the same issue, by and large.

The State of Texas withheld as much information about the alleged offenses as possible, and offered no testimony o direct evidence that would tend to lead to the conviction of the defendant for the offense for which was charged.. When the case came out in dribs and drabs, the defense had no choice but to raise hell and fight over the opportunity to memorialize the errors while demanding access to the information brought up on the prosecution’s direct examination of witnesses or introduction of evidence.

These are some of he highlights from the pre-trial hearing:

Defense counsel for Scooter Bergman has withdrawn a motion for the disqualification DA Abel Reyna.

Jurors will report on Tuesday, Jan 12 to fill out a questionnaire that is “substantially the same” as in the Carrizal trial but with one question deleted and one question added. The trial will begin on Jan 22

Judge Johnson expressed concern that social media journalists be prevented from depicting members of the jury. “They are volunteers,” he emphasized in his remarks.

Jarrett denied he told his associate prosecutor Amanda Dillon he is writing a book about the Twin Peaks cases. Discussion Abel Reyna’s alleged remark that he intends to use his Twin Peaks experience to take up residence in the Governor’s Mansion suddenly fizzled out in desultory fashion. Judge Johnson promised to have a list of the names of undercover agents present at the Twin Peaks ambush

With regard to discovery, Broden said “Obviously I don’t know what I Don’t have.” When lead prosecutor Michael Jarrett objected, the judge interjected, saying “You don’t think there were discovery problems,” and the issue suddenly evaporated.

Jarrett denied he told his associate prosecutor Amanda Dillon he is writing a book about the Twin Peaks cases. Discussion Abel Reyna’s alleged remark that he intends to use his Twin Peaks experience to take up residence in the Governor’s Mansion suddenly fizzled out in desultory fashion. Judge Johnson promised to have a list of the names of undercover agents present at the Twin Peaks ambush.

After 32 months, Judge Johnson denied a pending motion to dismiss the charge due to an “egregious violation of the speedy trial provision of the US Constitution and state constitution.”

We’re going to trial,” said Scooter Bergman. He and his wife expect to be in Waco for at least a month extricating themselves from this exended nightmare.

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

PRISON GANG PROSECUTION UNIT A ROUTINE APPOINTMENT

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:

https://www.dropbox.com/s/9su23rchzwev0vl/Reyna%20SPU.pdf?dl=0

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

THE VOTE IS NOT AS IMPORTANT AS WHO COUNTS THE VOTES

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: https://youtu.be/3ck7ZuPDwtE

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:

https://www.dropbox.com/personal?preview=Bergman+law+memo.pdf

So mote it be.

  • Legendary Jim