Key Witness Served In 11th Hour Lawyers’ Showdown

CAN’T ALWAYS HIT LONG BALL OVER CENTER FIELD FENCE; SOMETIMES HAVE TO HIT BALL ON GROUND, BOUNCING… – ERNEST HEMINGWAY, TALKING INDIAN TALK

Waco – When District Attorney Abel Reyna alighted from his car at the early voting center, the private investigator who served him with a witness subpoena had the rare distinction of a rooting section.

The rooting section took cell phone in hand to report the news.

As quickly as the gumshoe executed the return of service acknowledging that Abel Reyna is summoned to appear as a witness in the status conference hearing in the case of State V. Matthew Clendennen at 9 a.m. on Monday in the 54th Criminal District Court, the news hit the internet like a small pebble making wide waves in a little pond.

The attorney representing Clendennen, a former member of the Scimitars black and gold motorcycle club who was arrested for having a seat on the patio and ordering a bottle of water at Twin Peaks on May 17, 2015, is the guy who called Reyna’s bluff nearly three years ago.

F. Clinton Broden filed a motion to disqualify the DA and his staff that has resulted in the blowback of dozens upon dozens of case dismissals in order to avoid having to appear as a witness or allowing members of his staff to appear as such in other cases.

Why?

Quite simply, the Texas Code of Criminal Procedure prohibits a prosecutor who has been involved in the investigation of a case from serving also as the prosecutor.

The matter before the court – front and center – is whether Reyna and his staff became a “necessary witness” – that is, the complaining witness, or police officer, when he took command of the investigation the evening of the day 9 died and 20 suffered gunshot wounds at a Confederation of Clubs meeting for motorcycle enthusiasts.

In a previous disqualification hearing held in August, 2016, Reyna testified under oath all about how he and his lead prosecutor, Michael Jarrett, directed Mark Parker, and Assistant DA, to draft a complaint, an affidavit of warrantless arrest, for a magistrate’s signature. In the document, he alleged that people with the colors of clubs designated by the Department of Justice or the Department of Public Safety as outlaw motorcycle gangs or their support clubs should be arrested.

For what?

Engaging in organized criminal activity that led to the capital murder and/or aggravated assault of other motorcycle enthusiasts.

Tell me what I say. It means the DA turned himself into a cop and ordered the arrest of folks, and then he took the witness stand and uttered a false hood on the court record.

He said he told the cop who signed the affidavit to make sure he familiarized himself with every detail of the events described. When recalled to the witness stand, Manuel Chavez, a Waco Detective who didn’t know anything about it because he had been just called away from another investigation, said he never talked to him.

That allegation involves aggravated perjury, a felony that’s good for no less than 2 years or more than 20 behind bars.

If Reyna dismisses the Clendennen case to avoid testimony, he will have dragged the ultimate sacrifice bunt to put yet another runner on third, while hitting into a twin killing to retire the side. The net net, no runs, no hits, muchas errors.

Ho hum. It might as well be spring.

Like a round of golf, the story ends up in the same place it began, the 19th hole and the parking lot.

Put it on your calendar. Monday in the 54th Criminal District Courtroom at 9 a.m.  on primary election eve, March 5.

So far, it is alleged, Reyna has gone so far as to dismiss the charges against defendants prosecutors could have plausibly proven were the gun-bearing assailants who actually shot victims in the 45 seconds of carnage that left the concrete of the restaurant parking lot slick with blood.

That is, if the ballistics evidence had been preserved in an orderly fashion, and the documentation had been presented in a legal way.

You see, when it came time for the expert witness to testify about which bullet was fired from what gun and where it wound up, there was a terrible mistake made. Defense counsel in the case against Dallas Bandido Jake Carrizal objected to an ATF expert witness testifying about reports made by Waco Police officers, reports about which he had no personal knowledge, as required by the Code of Criminal Procedure.

The agent looked rather sheepish as he stepped down from the witness stand after the court sustained the objection and the judge told the lead prosecutor, “Call your next witness.”

The same motion can be argued at every status conference in rotation – or the voters can put a stop to the ridiculous charade and vote for the opposition Republican candidate – Barry Johnson.

I have spoken.

So mote it be.

  • The Legendary

 

 

 

Popeye’s Call To Action

‘RELEASE THE INNOCENT FROM TWIN PEAKS CHARGES’ – MOSS

Butch “Popeye” Moss hurls invective at Reyna – for political action 

Arlington – Popeye Moss is adamant. He wants no state intervention funded by taxpayers to bail out Criminal District Attorney Abel Reyna or the officials of McLennan County in civil rights judgments.

Moss is President of Sons of LIberty Riders Motorcycle Club.

The DA is sued in more than 100 cases in U.S. District Court at Austin, both as a public official and individually. Knowledgeable sources have confirmed that the insurance carrier that handles errors and omissions indemnification for McLennan County does not cover individual claims filed against the DA. The coverage is for the County of McLennan and the City of Waco only.

He’s calling in his markers statewide from associates and elected state representatives who control the purse strings.

The message is a simple one. Do not fund with taxpayers’ money any bailout for a DA who ordered the arrests of hundreds of persons on an illegal warrant.

Said Moss in a prepared statement:

We will be using all our political connections statewide, contacting state representatives in an effort to block any type of bailouts by the taxpayers of Texas. McLennan County should own their mistakes. McLennan County should own their mistakes. Abel Reyna should take swift action and release the innocent, to lessen the financial burden of the taxpayers of McLennan County. We have thousands of members statewide with political connections. We will use them. And we want everybody to know it.

As a member of the Confederation of Clubs, the National Council of Motorcyclists’ Legislative Strike Force, U.S. Defenders, and a person of long experience in the halls of the Legislature, Popeye is ready to back his words with political action, calling on club members throughout the Lone Star State to prevent state-funded bailout for officials who violated the civil rights of persons who are no more guilty of a crime than he would have been had he attended the political meeting of the Confederation of Clubs Region 1 and Region 2 on May 17, 2015.

The release from prosecution of 13 indicted accused offenders yesterday, March 2, and an additional two dozen unindicted suspects who were arrested and charged, their bail set at $1 million to “send a message underscores his message.  An additional 13 were released previously when a similar hearing in which members of the DA’s staff were called to testify about their participation in a federal probe led by an FBI agent.

Their allegations are that the DA operated “two-tier” justice system in which he dismissed charges or allowed guilty  pleas for greatly reduced charges for campaign contributors, his association with gamblers who operate games of chance in commercial properties throughout his jurisdiction, and his misplacement of controlled substances seized in cases in which he dismissed the indictment “in the interest of justice.”

Popeye served as a Boatswain’s Mate and an Assault Coxswain in the U.S. Navy during the 1960’s, a period of history during which Reyna would definitely not been allowed to perform his antics on board any naval vessel, much less a man of war.

I have spoken.

  • The Legendary