Marine – DA Reyna ‘Enemy’ Of The U.S. Constitution

Billy McRee (2nd left) and Jorge Salinas in news conference at the same place chosen by DA Reyna to announce indictments of Twin Peaks defendants nearly three years ago as lawyers explain 

Waco – To keep from having to testify in a hearing as a witness in cases he sought by indictment as a complaining witness, Abel Reyna  dismissed one case and recused himself in another.

The symbolism of the moment came to light when Dallas attorney F. Clinton Broden stepped up to the microphones and explained the irony of the situation.

The climactic moment of the affair came when Brian Bouffard, the attorney for a Marine who did two combat tours in Afghanistan before his arrest at Twin Peaks, explained that he took the same oath as a Navy legal officer as his client – to uphold and defend the U.S. Constitution ‘against all enemies, foreign and domestic.”

When the question period came, Salinas when asked if he considers the DA an enemy of the Constitution, say, simply, “Yes.”

That was the flavor of the unusual occurrence.

We bring you the entire news conference, unedited, beginning to end. It is an interesting experience, to say the least.

 

Bitchy Clerks Act Mean Over Info – This Is News?

Waco – It is impossible to confirm reports gleaned from the area’s two Mockingbird CIA front publications – KWTX and the Waco Tribune-Herald – because even though 19th Criminal District Court Judge Ralph T. Strother signed the orders of dismissal in a reported 20 cases, the information will not be available for several hours.

This is typical of intelligence operations such as the Twin Peaks massacre – both inside American borders and overseas. Only approved media outlets have any version of the news event until well after it has ceased to be news.

Court Coordinator staff and the District Clerk’s Office are very uptight, in fact right ugly in the face of a polite inquiry about any of the facts concerning this latest evolution in the debacle of brutality that commenced long before May 17, 2015.

There will be a press conference at 1:30 p.m. held by Ft. Worth attorneys Brian Bouffard and David Beyer, who represent Jorge Salina, and Billy McRee.

The District Attorney recused himself in the McRee case and the judge reportedly dismissed the case against Salinas.

Watch these columns for a report about the news conference.

This is their joint press release:

We will hold a press conference in the courthouse rotunda at 1:30pm today, and will take questions.  

On May 17, 2015, nine people died violently at the Twin Peaks restaurant in Waco, Texas.  There are men responsible for that violence, and they should be held accountable.  Unfortunately, the deeply misguided decision by McLennan County District Attorney Abel Reyna to arrest 177 people and indict 155 of them, rather than simply indicting those who engaged in this violence, resulted in almost three years of injustice to the very many who did not.  And all the cases, righteous and unrighteous alike, may now be unprosecutable.  The man responsible for this is Abel Reyna.

Today, the McLennan County District Attorney’s office has dismissed the cases against Jorge Daniel Salinas and others, and states it is “re-evaluating” still others for dismissal.  The office also recused itself in the case against Billy Jason McRee.  Both these actions by Abel Reyna effectively ended the pending hearing into his political corruption and other official misconduct before it could begin – a hearing in which he would have been placed under oath and required to answer hard questions about his long-standing political corruption.  Credible, honorable witnesses have sworn under oath on these matters.  Abel Reyna calls them “liars,” and the FBI investigation into his public corruption “fake news.”  The voting citizens of McLennan County will make of that what they will.  They, and all of us, will continue to make decisions at the ballot box that define us as citizens, for good or for ill, and we will continue to get the government we deserve.

But the Twin Peaks dam has now broken, and with each new dismissal that may come, the public will see clearly what Twin Peaks defense counsel have known for almost three years – that Abel Reyna arrested, charged, and indicted a very large number of these men for purely political reasons, apparently without any intent to take them to trial.  Though it took far too long, we pushed Mr. Reyna’s back to the wall and he finally had nowhere else to run.  As defense counsel, all of us in this matter have honored our oaths as Texas lawyers.  At least that important part of our justice system has worked, and worked well.

Though McLennan County prosecutors are “re-evaluating” the cases, the fact is that an ethical district attorney’s office evaluates cases BEFORE they are indicted, instead of indicting people just to see if they will be intimidated enough to plead guilty.  To the great credit of these innocent men, none of them, and none of us as their counsel, blinked.  Jorge Salinas, a decorated United States Marine with two combat tours and an honorable discharge, an innocent man, did not blink.  As his lawyer and his friend, I could not be more proud of him.

And the fact remains that the civil rights of these men were violated.  As the case dismissals and recusals continue to flow out of the McLennan County courthouse, it is now time to change focus to the civil lawsuits to hold Abel Reyna accountable for his actions, so that a federal jury in Austin can determine the amount of damages that Abel Reyna should be ordered to pay those wrongfully arrested based upon his political aspirations.  Unfortunately, Abel Reyna has already testified elsewhere that he expects county taxpayers to foot the bill for any such damages, since he was elected by county residents.  And again, McLennan County voters will pass their own judgment, one way or the other.

Something like justice is now finally happening in McLennan County.  Far too late, and at far too high a cost – in lives, money, and broken faith by our elected officials – but happening.

Brian Bouffard

David Beyer

Fear of Fear In Fear, Cubed

VENIREMEN CROWD INTO JURY ASSEMBLY AREA ON A MONDAY

Six Shooter JunctionOne gathers from the dialogue generated by our previous article on an outreach program of more than a year’s duration to fully inform veniremen in McLennan County that matters in the ongoing dispute between leafleters and the authorities stand this way:

The Officer in charge of the Courthouse Security Detail promised to bring a written statement on Monday, Feb. 5, to  activists passing out leaflets to prospective jurors at the entrance to the auxiliary courtroom, the Jury Assembly area.

They have been enjoined by the County Judge to not enter an alleyway between the Courthouse  and the Courthouse Annex Building. The City of Waco closed the alley to traffic and deeded it as property to McLennan County. The Commissioners Court promptly declared the area part of a “secured campus,” and prohibited traffic on jury call days to all but those bearing a jury summons card.

In the absence of a written order, members of the Fully Informed Jury Association defied the verbal orders of the Sheriff’s Office security detail.

Apparently, the Lieutenant in charge never showed up with the written statement, and two of the activists made themselves scarce when told to beat feet by the Sergeant.

Matthew Barnes stayed, and in defiance of the orders of the officers, he continued to pass out the leaflets while armed with a .45 cal. ACP handgun holstered on his hip in open fashion.

Kirsten Tynan, who appears to be an operative of the Fully Informed Jurors Association operating in Denver, engaged him in a dialogue on a Facebook page, which might be of note to our readers.

Matthew Barnes on Lt. Lionel McGhee and Sgt. Steve Janics:

Kirsten Tynan Did they give you guys the promised paperwork?

Kirsten Tynan It sounds like this Sgt. Steve Janics of the Courthouse Security detachment was involved somehow. Did he give you any particular orders?

Matthew Barnes He hates “civilians” that are armed. Main thing from him is fear of a trustee doing slave labor around the courthouse disarming me and going on a killing spree. If I was the only armed person there I could understand. He worries about firearm retention; something I used to teach, that I look like a cop; not in this century. I wear work clothes 7 days a week and have done so for over a decade. Look more like what border patrol wears than local police.

Kirsten Tynan Our guidelines, by the way, are not to break these orders. That is something that puts you at risk of arrest, and FIJA can do very little for you if you are arrested. We don’t have attorneys or funds for legal defense.

http://fija.org/docs/AO_Distributing_FIJA_Literature.pdf

Matthew Barnes Understood. To be arrested I would have to break the law. If they could find one I am breaking I would have already been arrested.

Kirsten Tynan Unfortunately, that is not accurate. Police arrest people all the time who have not broken the law.

See the cases of Eric Brandt and Mark Iannicelli who were both arrested and charged with 7 felony counts each of jury tampering for handing out FIJA brochures in Denver. The charges were thrown out by the state court, the dismissal of the charges was appealed by the prosecution, the dismissal of the charges was upheld by the appeals court, and now the prosecution is considering appealing that dismissal to the Colorado Supreme Court.

During our First Amendment legal battle in Denver, both Eric and Mark were falsely arrested AGAIN—still not having broken the law—for allegedly assaulting and/or harassing a woman. The incident was caught on video, and it turned out that Eric was not even present at the time the woman alleged she had been assaulted. The video further showed that Mark did none of the specific things she alleged he had done. Nonetheless, this didn’t stop the police from continuing to hold him in a jail cell in the basement of the courthouse, with a toilet overflowing with excrement, and then turning him over to the Sheriff’s Department before, if I recall correctly, the prosecutor’s office finally told them to knock it off and relase him.

Legendary Jim Ms. Tynan, were either of these individuals armed with a handgun during their ministry to the uninformed jurors of Denver? Furthermore, if so, do you think that would have an effect on the social transaction in play at the Courthouse between security officers of the Sheriff’s Office and the members of the association?

As Mr. Tom Robbins wrote, “This is the room of the wolf mother wallpaper.” We of The Legendary are loathe to add, “…in which fear and loathing follow close behind in order to control, in control, of control in the place in which there is no darkness – the place of utter and abject fear of fear, in fear, for which there is no known antidote but to face fear and loathing for what it is, and forge ahead insouciant and prepared for what awaits.

So mote it be.

  • Legendary Jim

Lt. K. Ferguson at Sheriff’s Office HQ, informing Fully Informed Jurors Association that he has no intentions of arguing about the Judge’s order not to trespass in the alley. It is what it is – until next week…

To Call Fed Witnesses In DA’s Ouster Hearing

David Beyer and Brian Bouffard will call witnesses who have given statements against DA Abel Reyna in a federal probe tomorrow

Waco  – When the gavel drops tomorrow in a district court, the public will have a chance to see just who is lying – and who is telling the truth – about the Twin Peaks prosecutions of 155 bikers charged with engaging in organized criminal activity on May 17, 2015.

David Beyer and Brian Bouffard, who represent Billy McRee and Jorge Salinas, will have a chance to prove serious allegations they believe will lead to the DA’s disqualification, if not his conviction for criminal offenses committed as a public official.

Almost three years after he made the decision to charge 177 people with a felony offense punishable by as much as 99 years, DA Abel Reyna is still withholding evidence from defense lawyers, the two Ft. Worth barristers allege.

They again subpoenaed witnesses who gave statements to a FBI Special Agent that could incriminate the elected official for public corruption. In a previous hearing, their clients lost an estimated $1,500 in court fees to have the summonses served when the prosecution kicked the can down the road to have the hearing postponed.

In that hearing, the state first sought a continuance. When 19th Criminal District Judge Ralph T. Strother denied the motion, prosecutors served him with a motion of recusal, seeking his replacement. In a ruling by a visiting judge, that motion was denied.

Many days later, the matter is to be heard once again, on Thursday, Feb. 8, at 1:30 pm.

This is what the public will likely hear, should the hearing be allowed to go forth:

Mr. Reyna is aware that we intend to call witnesses tomorrow including former First Assistant Greg Davis, former administrative assistant Julissa West, retired Waco Police Detective Sherry Kingrey, former special prosecutor Brittany Scaramucci, and current assistant district attorneys Michael Jarrett, Amanda Dillon, and Sterling Harmon.  Mr. Reyna has called most of these witnesses liars in the press and in his campaign rhetoric – disparaging them and much of the press as “fake news” to anyone still impressed by that – so Mr. Reyna will also be called to the stand tomorrow to testify, under oath and under penalty of perjury, why he thinks they’re the ones doing the lying.  We welcome his testimony and the opportunity to examine him under oath.

The object of the hearing is three-fold. In oder to have the DA disqualified, the two attorneys intend to prove these elements:

We intend to make three things crystal clear to the court and to those citizens of McLennan County who are paying attention, (1) that Mr. Reyna made himself a material witness in the Twin Peaks cases by choosing to act as an on-scene police commander instead of a prosecutor, (2) that Mr. Reyna has a long-standing history of official corruption as the elected district attorney, which in May 2015 animated him to arrest 177 people, not based on evidence, the law, and the prosecutor’s oath to do justice, but rather to advance his personal political ambition, and (3) that Mr. Reyna has an impermissible financial interest in the outcome of these cases because he is being personally held accountable for his violation of these motorcyclists’ civil rights as Texans and as Americans.  As a result of all these bad choices by Abel Reyna, all of which he should have easily foreseen, he and his office should be disqualified from prosecuting these cases and forced to provide all evidence material to the defense of these cases – evidence Mr. Reyna still, almost three years later, refuses to provide.

 

Going Armed At Jury Call

MATTHEW BARNES CARRIES HIS .45 CAL. ACP AT JURY CALL (CLICK IMAGE FOR FULL SIZE VIEW)

Waco – An ongoing dispute between jury selection activists and local criminal judges heated up on Monday, January 5, at a jury call.

Members of the local chapter of Fully Informed Jurors Association on Monday defied an order of the McLennan County Sheriff’s Office when they handed out brochures to prospective jurors in an alley leading to the jurors entrance.

At least one member, Matthew Barnes, carried his holstered .45 ACP semiauto pistol.

According to Sgt. Steve Janics of the Courthouse Security detachment, the chief concern is that members go armed in the alley between 5th and 6th streets that divides the Courthouse from the Courthouse Annex and Jail buildings.

I don’t care if he carries it concealed, but I don’t know if he’s been through a retention training program, as we have. If someone gets the gun away from him, there wouldn’t be any telling what might happen. I don’t want him getting hurt, don’t want a juror getting hurt, or any of our men getting hurt,” said Sgt. Janics. “He looks like a cop.”

Leafleting may take place outside the alleyway, around the sidewalk perimeter of the courthouse complex, which has been declared a “closed campus” by order of County Judge Scott Felton.

Sgt. Janics reported that his superiors took no immediate action.

When contacted, Barnes did not comment, nor did he reply. In previous conversations, he has mentioned his handicapped status, and the lack of handicapped parking spaces now that the order is in effect.

To alleviate safety concerns, the City of Waco closed the alley to traffic and turned it over to McLennan County; the Commissioners Court declared it closed to foot traffic on jury selection days to all but those carrying juror summons cards.

The brochures explain to veniremen called for jury service the process of selection – or deselection – of a panel of 12 from a venire summoned as to who will decide to either convict, or acquit on the basis their finding of facts, as presented.

According to the literature, the Judge and members of the prosecution and defense will prepare a set of jury instructions interpreting the law and instructing the jury that if they find a certain set of facts, they will convict on each count; if not, they are to acquit. The brochures explain the Code of Criminal Procedure and give citations of case law related to a venireman’s rights to ask questions in return.

Attorneys examining the venire are allowed an unlimited number of strikes for cause, and a finite number of peremptory challenges, which provides more in capital cases. Following their examination, the first 12 veniremen who are not stricken from the list are then empaneled as a jury.  

All verdicts must be unanimous in criminal cases, the finding beyond a reasonable doubt, unlike civil law, in which a majority of votes based on a preponderance of evidence will suffice to arrive at a verdict.

The agenda of the FIJA is to nullify indictments in cases in which they believe the law is unjust. Offenses such as marijuana possession should be acquitted, they hold. Such associations have sprung up all across the nation. They have been especially effective in the western states of Montana and Idaho.

Trial Of A Sex Offender

Emerging from the warm cab of the pickup, the world gains a certain clarity in shades of a wintry gray afternoon, amid the sporadic fall of sheets of cold, driving rain.

Surmounting a small rise above the square, crowded half-block of parking, the oddly designed palazzo, part pyramid with steep Aztec steps, part rusticated Italic fortress, part roccoco bauhaus, and topped with a cylindrical double dome complete with rampang eagles and heroic statues, dominates amid a lush landscape studded with pecans.

At the top of the steep steps, on a landing that emerges from the third floor, jurors huddle to take the air and smoke in the chilly air. They look so forlorn.

Stepping out of the elevator and rounding the railing of the rotunda, one may see the judge on the bench, a witness giving testimony, and finally the jurors, back from their cold and forlorn break, seated in the box.

Inside, the witness, a spare black man with a constantly surprised smile and a soft-spoken demeanor, explains the testimony given by a victim of ongoing sexual abuse, a girl who has testified that her ordeal began when she was just 14.

At the extreme right of the defense table, the accused is seated, slightly apart from the legal professionals involved in his case, impassively staring into the brave illumination battling the slowly diminishing grayness from the windows visible through the open door of the judge’s chambers.

A tall lady prosecutor made taller by heels questions him about how a professional may gauge the veracity of a child’s testimony – one of three years of age, or four, compared to a young lady in her mid-teens.

Does a three-year-old know the difference between the truth and a lie?” she asks. How can one tell when one so tiny is telling an experience that it is accurately described, she follows up after he has agreed it is not a problem

We use pictures to distinguish their descriptions,” he replies. What about young adults? “Their stories are consistent. This witness’ story was consistent,” he assures her.

Is the witness able to accurately describe what part of her anatomy and where she was hurt, and what part of his anatomy he used to hurt her,” the tall lady asks.

Yes,” the doctor replies.

When the defense counsel cross examines him, he is equally agreeable, answering a question about how a little child can easily tell the difference between a red and blue crayon, and will tell you when you say otherwise.

When the man finishes his questions, he adds “Ultimately it’s up to 12 people on the jury to determine the truth.” He gestures expansively toward the jury box.

The forensic psychologist smiles, nods, and agrees readily, saying yes.

Following this interchange, the prosecutor stands tall in her heels, her hair braided and circling her scalp, and explains. “Some things came up and the trial progressed must faster than the attorneys thought it would. We have no more witnesses to examine today, but we will tomorrow.”

The judge instructs then what time to return in the morning and all rise as they file out.

Then the judge touches a button at the bench and the projector screen whirs and the electric motor whines gently as it winds the screen up into his housing.

A diagram on a white board mounted on the wall behind the projector screen, drawn in royal blue marking pen, suddenly dominates the room. It is an elevation of a naked female with legs spread, feet presented heels down, toes up, and the vulva starkly defined, the inner and outer labia, sketched in intimate detail, the clitoral hood and clitoris atop the urethral opening and vagina, anus represented by a dot below. An inset illustration makes a clock pattern, 12-3-6-9, indicating certain parts of the anatomy and marked with ticks where the victim sustained certain injuries. The judge sits at the bench, seemingly bemused, staring at the wall, and, thinking of nothing further, stands and walks the few steps to his chambers, closing the door softly.

The drawing on the white board remains a center of focus, something entirely out of place in this quiet bastion of rectitude, a state district courtroom. The drawing is something you would expect to find scrawled in a toilet stall, the back of seat of a city bus, an item of spray-painted graffiti in an alley.

The attorneys sit and look at one another for a moment, and then the two bailiffs take charge of the defendant, escorting him to the passage that leads to the holding cell at the rear of the courtroom. He appears detached from the reality of the moment, a person present, but already forgotten in the rush of reality toward kingdom come. He is soon gone, the bailiff returning alone, shutting the door.

In the world, rain pelts the pavement, streams across the windshield, puddles in ruts on the highway and makes the vehicle dance a bit as it hydroplanes through the ruts and back in contact with the surface of the pavement. The day has turned dark in early afternoon. Night cometh.

‘Don’t Be A Bully’ – Cossacks’ President

Kemp, Tx – Zeke, president of the national club, Doc, vice president, and Ranger Dan, national sergeant at arms didn’t hesitate; they burst into laughter.

The first proposed question: Is it true there is a $500 bounty on Bandidos colors?

As the laughter died, Dan looked fiercely at his interlocutor and said, basso profundo, “Ask them how many of those patches have they lost to a Cossack, or a $500 bounty!”

The notion was represented as fact in the 54th Criminal District Court in the trial of Dallas Bandido Jake Carrizal for engaging in organized criminal activity that led to the death of 9 and the aggravated assault of 20 person. That proceeding ended in a mistrial.

The occasion of this preliminary session is for the proposal that this and other questions be considered for use in an interview under preparation for publication in the near future.

The Staff of the National Cossacks MC are ready to review a list of questions of mutual agreement between The Legendary and themselves. But, first, their Chapter officers and members must also approve. Many of their members are indicted for same the same offenses for which Bandido Jake Carrizal stood trial.

That will take time.

In the matter of the allegation that the Cossacks have promised a bounty of $500 for Bandidos colors – now or in the past – they are ready to speak today – Superbowl Sunday.

Ranger Dan said it best: “We’ve lost only one – at Mingus, Texas, where they (Bandidos) left a brother’s head bleeding from getting beaten with hammers at a truck stop.”

Zeke followed up. His statement about the Cossack’ leather vest the attackers took with them on March 22, 2015, at the Bar-B Truck Stop in Gordon, “I guess you could use it for a trophy, but I have no use for it. Now, they took his cell phone and his wallet, too.”

When the answers come, they will be to questions more complex and penetrating, but none so basic and human as the fact that boys become men.

All agreed that when they were just little shavers, they only rarely rode alone on their bicycles – only to rendezvous with the rest of the troops – and then to set off on some elaborate expedition that might change in scope and direction at least three or four times an hour –  until it was time to go home for supper.

For a few minutes, the world went away. The four of us were boys, laughing gleefully at something soon forgotten. You could feel it. Felt good, too.

Watch these columns for the interview. Based on preliminary talks completely off the record, the potential for surpise and a genuine exploration of what it means to be a man, a human, a brother, is a very real possibility.

Zeke  said he always tells prospects, “Don’t be a bully.” Remember, heading for the border on bicycles – off to fight Pancho Villa? Or was it the Alamo? Maybe Cape Canaveral, to take a flight to the Moon.

I am sincere.

So mote it be.

  • Legendary Jim

Mile Marker 370 at Gordon, Texas, the Bar-B Truck Stop near Mingus