Seeking Methodists’ Home

‘Wild, weird, wonderful Willie West on Double-you – AY – see – OH!’ (chorus harmonious) – ‘We ain’t comin’ out…’ – Channel 19, ca. 1993

BELLMEAD (Middle English for ‘good beer’) – Down by the fire station, cop shop, muni court – all them signs of progress, est. 1954, there’s a wee small place across the street, second balcony, etc.

There, they sing the old alma mater, talk about them old used -to -be’s.

Cotton season of 1982, Dog Daze of one-hundred in the shade, Mom and Sis, riding around in the family flivver, looking for the Methodist Home for slightly bad boys and girls where Mom is determined to drop Sis off, when they took a wrong turn and Sis spied a young woman with unusual posture and outlandish attire.

She turned out to be.

CUT TO: Ext. Day. Heat mirage rising from a weedy North Waco yard with junk cars, etc.

Christine Juhl, 16, nude, wearing only a dog collar by which she is tethered to a wiry tree with a log chain.

AND THEN –

She say: “I looked around the corner and out the back door comes a dude with a double-barrel shotgun!”

He is David Wayne Spence, executed for murder, many years later.

On this day in history, this bright young lady stepped up and said:

“Next thing I know, we’re in the Rainbow (a failing grocery across the street from the orphanage, with spin and win and everything) and the dude wearing the turban is making signs with his hands, waving at us, telling us to get out! GET OUT!”

They must have dropped in for directions from the friendly natives.

He is Mohammed Muneer Deeb. Convicted of murder conspiracy for insurance fraud by hearsay evidence offered by a jailhouse snitch testifying about what David Wayne Spence told him while locked up in Aggieland.

CUT TO: Int. Gloomy little store with computer consoles arrayed in a rank, local losers soaking up the A/C in the gloaming, eating high-carb, high sodium snacks provided by the management, washing the goop down with high-sugar drinks…

Grand Jury testimony given when Deeb got a new trial based on judicial error in admitting the hearsay testimony to the record which revealed that Christine – who was only sixteen – worked at the store for Deeb because her folks had “kicked her out” of the house. Deeb was acquitted in his new trial.

OUCH!

CUT TO: Ext. Day. Heat mirage rising over parking lot where a crowd of people on paper smoke as they await their “class” for offenses multiple, Cotton Season…mature Sis, texting:

“…his (Deeb’s) family is here and as of now I give no one permission to do anything too me or about me. Good luck with your attempts…”

HISTORY LESSON BY:

  • THE LEGENDARY

So mote it be.

 

 

 

Mendez panel ready to ‘speak truth’ on Sept. 10

Bandido Tom Modesto Mendez will face jury selection on Sept. 10

LAWYERS REVEAL PLANS TO APPEAL MOTION TO QUASH ‘SUPERSEDING’ INDICTMENTS IF IT IS DENIED IN HIGHEST COURT

Waco – Speaking in well-modulated tones, 19th Criminal District Judge Ralph T. Strother prepared a special panel of 600 veniremen to answer “voir dire” questioning in the 1st degree felony “riot” case against Twin Peaks defendant Tom Mendez.

Though court officials anticipated a motion for the judge’s recusal and cautioned media not to make any mention of their suppositions based on requests by defense counsel Jaime Pena for documentation of previous motions, the judge questioned nearly 100 who sought to prove their exemption in private, granting only a few the privilege to skip out on the case.

By day’s end, he was still on the bench. Filing a motion for recusal would have dictated a halt to the jury selection process, then and there.

He ordered the venire to report at 10 a.m. on Sept. 10 to be subjected to “probing, penetrating, personal questions” regarding their attitudes and beliefs about the law, the facts of the case they may already know, and their overall fitness to serve as jurors.

If convicted, Mendez will face not less than five years nor more than 99 behind penitentiary bars, or the possibility of a life sentence if jurors find the prosecution has proven beyond a reasonable doubt that each element of the indictment is true.

Judge Strother cautioned the veniremen that anything less than complete proof of all elements of the charge entitles a defendant to a not guilty verdict.

A provision of the section on disorderly conduct, “riot” is a Class B misdemeanor, unless prosecutors have stipulated their intention to prove that an actor failed to leave the assembly when riot conditions developed, and that the result of the conduct of seven or more persons resulted in the commission of first degree felony, or lesser degrees of offenses.

He further cautioned them that the burden of proof is on the state, that a defendant’s failure to testify is nothing to hold against him, and that there is no reason for the accused to seek to prove anything – anything at all. “No one is required to prove their innocence.”

He further stressed that nothing reported by media, mainstream corporate or social, is to be considered as evidence. Evidence must prove to the individual juror as a finder of fact that the charge is true “beyond a reasonable doubt,” and that there is no legal standard as to what constitutes a reasonable doubt.

“We leave that up to the individual,” Judge Strother said.

The judge predicted the trial will last for at least two weeks and that in the process of elimination of all but the remaining first 12 and two alternates, each side will have 10 peremptory strikes, and an unlimited number of challenges for cause.

He also stressed that “If you live in this community,” which is one of the qualifications for jury duty, “and you haven’t heard about Twin Peaks, you’ve been living in a cave.”

On May 17, 2015, it is alleged that about 300 persons who had gathered for a meeting of the Confederation of Clubs, a group of motorcycle enthusiasts, found themselves in riotous conditions, and that 22 of them are guilty of rioting. An additional three are accused of murder.

In the melee that occurred at the restaurant that day, 9 died by gunshot, 20 were wounded, and 177 were initially arrested and charged with engaging in organized criminal activity. Their bonds were initially set at $1 million.

MOTION TO QUASH SUPERSEDING INDICTMENTS PENDING

The 25 now facing trial are indicted in “superseding” charges.

According to attorneys for one defendant, Marcus Pilkington, that is an illegal procedure prohibited by the double jeopardy provision of the Fifth Amendment to the U.S. Constitution, the Texas Constitution, and the Texas Code of Criminal Procedure.

They have entered a motion to quash the indictment of Pilkington in 54th District Court, and if Judge Matt Johnson denies the motion, they have announced their intentions to appeal to the 10th District Court of Appeals, which sits in this city, for mandamus relief.

If the writ is denied in that court, they will take the appeal to the Texas Court of Criminal Appeals at Austin, the state’s highest venue for criminal appeals.

SO MOTE IT BE.

  • The Legendary

Preparation H(assle)

DISCOVERY UNDISCOVERED –

SIX SHOOTER JUNCTION – The state’s frantic desire to get it on with the Twin Peaks cases before elected DA Abel Reyna leave office on January 1 is leading to extreme complications.

It’s a tale of two lawyers tasked with the defense of a Twin Peaks defendant, a Bandido who arrived at a political meeting that turned out to be a twin ambush by both Cossacks and the law slowly unfolds in district court before an “unhappy” judge.

Prosecutors begin questioning a venire of prospective jurors today at 1 pm. to hear the case against San Antonio Bandidos President Tom Modesto Mendez, now facing a second, “superseding” indictment on the same cause number for felony rioting after the state decided not to go any further with its original case for engaging in organized criminal activity.

WELCOME TO SHAKY TOWN.

A motion to quash in another, similar case against biker Marcus Pilkington is pending in 54th Criminal District Court, based on the grounds that the constitutional guarantee against double jeopardy precludes any such scheme in indicting felonies under the Texas Code of Criminal Procedure. Judge Matt Johnson has received all legal briefs in the motion and is expected to rule at any hour.

But the case against Mendez is causing a certain – agita – in the digestive processes of Judge Ralph T. Strother, who finally granted a continuance by bumping another priority setting because the lawyers aren’t ready.

His original lawyer, Metzger, has begged the judge repeatedly to be let off the case, to no avail. He will be sitting second chair to Jaime Pena, who walked on at the eleventh hour, 39 months into a case in which the state has previously turned over two terrabytes – an estimated two million documents – on the original discovery motion.

Problem.

In late summer of 2017, Metzger gave all the discovery materials to Houston attorney Casie Gotro to prepare for the case against Dallas Bandidos President Jake Carrizal.

She is unavailable at this time to give back the materials, documents which in any case, the new first chair has never seen as he goes into voir dire examination of prospective jurors for a September 10 setting.

If that’s not complicated enough, consider the matter of the evidence the federal authorities witheld pending the racketeering case against former Bandidos U.S.A. President Jeff Pike and Vice President John Portillo.

Prosecutors are prepared to release that data dump by dribs and drabs, as done before in the Carrizal case, as they present their case.

In urinary shooting matches of this caliber, the conventional wisdom is to “aim high.”

But in this case, there is a complication.

NO HANDS!

So mote it be.

  • The Legendary

 

 

 

At The Last Picture Show

The Rendezvous – Second Balcony at the Last Picture Show

Here come my king all dressed in red. Betcha fi’ dollar he kill you dead. Iko Iko all day…Talkin’ bout hey, now, hey now, Iko Iko all day… – “Iko Iko”

CORNERSTONE CORNERS, TX – Seńor Demoniac and Miss Classified checked in from their secret rendevous, just in time to reveal that which is not to be known.

Those who know no no know.

Now it can be told.

THERE IS A PLACE in the thicket – the BIG THICKET – a hooch where an OG lives with a very friendly old bulldog and a Mrs. Grey Bob Cat who will mock bite your hand to say, “If you were a kitty, I’d spend some quality time with you, dude.” She runs with the wolves. Curls up at your feet, purrs at the night, yawns, stretches, rolls over like a kitten, starts, jumps – scampers away in a huff and turns to look back.

The old timer rode a shovel head, and he has something to teach.

“Back then, they wanted to know if you were, or you weren’t.”

IS YOU IS, OR IS YOU AIN’T

BEFORE he prospected; when he was hang-around, they made him believe.

“They made me think I’d actually seen a murder.”

They had their reasons.

“No cop would ever put up with that. They know that.”

OUT BAD – NON ASSOCIATION

There is a line of logic, a reasoning that is impeccable. It’s like this.

“The only time you should ever look down on your brother is when you’re leaning over to pick him up.”

And when the time came, when things were way too hot, his best friend came to say, “I’ve got to have your patch.”

How did he get it? The patch.

It was over Christmas, and he hadn’t had a Christmas in a long time. So he took his brother to his house, and his mom and dad and his family made him welcome. They gave him a present.

“He hadn’t had a present in he couldn’t remember when.”

So, he patched him in.

All these years later – more than thirty – he gets it.

“He did it out of brotherhood, out of love. He did it to protect me. The reason I’m alive is I keep my mouth shut. I live alone. I did what I had to do to earn it…These guys today, I don’t quite get it. I just don’t understand…”

There were cops out there that day, wearing patches. Unthinkable!

Ritual trauma. Warrior society.

THAT WAS NO MURDER. The Grand Jury said so. That was war.

Listen: http://radiolegendary.com/2017/10/death-magic-snuff-flicks/

On the owl hoot.

So mote it be.

  • The Legendary

THOSE WHO KNOW NO NO KNOW: THE LAST PICTURE SHOW

45 Seconds Of Carnage – An Ambush In An Ambush

Evidence Fireworks, Dead Ahead, In Bandido’s Trial

Bandit’s mouthpiece stalls over – wait for it – exculpatory evidence!

San Antonio Bandidos Chapter President Tom Modesto Mendez

“This is the room of the wolfmother wallpaper.” – Tom Robbins, novelist, Skinny Legs And All

WACKO – Barrister Paul Looney is up for the part. Campaign shoutin.’ Let’s make no mistake.

After all, as it has been inscribed in these columns previously, Looney is no Polish name.

Not even close.

It’s not that the Poles won’t fight, and fight hard for what they believe, or what they think they want. Words fail a cop shop scribbler, a telephone talker, such as I.

Let’s put it this way. The solicitor and news columnist Charles McCabe, Himself, once told it like it is.

He said he saw a lad seated on the Post Office steps in his home town of Dublin, and he inquired, “Do you know the way to the Post Office?”

The reply, duly noted by Himself, is classic:

“Is it a stamp that you’re thinking of?”

The shrinks of the world, clinical and analytic alike, put it this way. In terms of human experience, set and setting is paramount. It’s difficult to refine the matter – from that point onward.

It’s as important to consider where a man’s been as it is to describe his present location.

In an exclusive interview held two days previous to this, Looney described criminal litigation at Six Shooter Junction in this way.

“There’s nowhere else like it.”

His experience, having represented people “in 45 states and most of the counties in Texas,” tells him there is nowhere quite like this place, so this must be the place, and other words implied but unchosen, to great effect.

If I may, and I’m not going to ask Mummy’s permission. Let’s get to it.

There are raunchy places throughout this world, many of them in criminal court venues, but Six Shooter got somethin’ for yo’ ASS!

All the Preparation H in the world won’t soothe the experience.

There, I’ve said it. Let’s move on.

Still there?

As we spoke, Looney was waiting for the phone call that would hire him on the case of San Antonio Bandidos Chapter President Tom Modesto Mendez. The skills of his lawyer, a Mr. Metzger of San Antonio, who has for more than three years represented him on the charge of engaging in organized criminal activity, Looney described as “woefully inadequate.”

Enow, he, lawyer Metzger, is tossed on the cruel twin prongs of the Twin Peaks dilemma, as evinced by his motion for a continuance now pending in 19th Criminal District Court.

Exculpatory evidence only recently obtained – after 39 long months – indicates that the state will use DNA markers from a sweatshirt and a swab of Mr. Mendez’ mouth to place him on the scene of a murder during the “melee” that was triggered when Aryan Circle members of the Cossacks MC  confronted the Bandits with guns drawn over their intentions to park their scooters and order up a cold brew and burgers at the Confederation of Clubs meeting on May 17, 2015.

Bullets and fists flew after someone tried to shoot at least two of the Cossacks in the spine, hitting one and paralyzing him from the chest down, and penetrating only strap muscle and leaders in another, leaving him to bleed, but walk away from the fight.

It was on, and within 71 seconds of a little war in which 14 cops poured suppressed rifle fire on the mix, 9 lay dead, 20 wounded, and 177 arrested and placed under $1 million bond to “send a message.”

Roger and receipt the message.

Back to the exculpatory evidence.

Metzger’s motion alleges Mendez was not wearing the sweatshirt.

Secondly, the DNA swab obtained during a court appearance was not legally provided, according to the arguments of a lineup of Texas legal talent that would make the Dream Team blush.

Visiting Judge James Morgan of Comanche hemmed, hawed, glowered, cajoled and shouted for the half dozen lawyers who hammered the blues over ex parte communication between Judge Ralph T. Strother and DA Abel Reyna to “MOVE ALONG!”

In the end, he recused Strother in three cases for his clear display of “bias” by not letting the defense counsel know their clients would be submitting to a summons that would lead to a collection of evidence.

Another visiting judge recused him from the Jake Carrizal trial for similar reasons.

Strother, according to a published report, is “not happy” with Metzger’s motion to continue the Mendez trial scheduled to begin on August 29. He is holding his ruling in abeyance for the non.

I just love a parade!

Did I mention that the state did not drop the charge of engaging in organized criminal activity before they asked a Grand Jury to re-indict Mendez on a new charge – under the original cause number – of felony rioting. Prosecutors described their actions as having done so in a effort to make it more CONVENIENT to encaption the offense, the Fifth Amendment proscription that “…any person be twice put in jeopardy of life or limb…” notwithstanding.

At the time of this writing, no ruling had been obtained from either Judge Johnson on the double jeopardy issue brought up in Looney’s motion to quash the identical indictment of Marcus Pilkington, or from Judge Strother on Metzger’s motion for the continuance of the Mendez trial.

Said a spokesperson for the law office of Looney & Conrad, when reached for comment, “We’re working on it…Maybe tomorrow.”

¡Mañana!

According to a published report in the Waco daily, Metzger said Friday that Mendez rejected an offer from prosecutors for a 25-year prison sentence in exchange for his guilty plea to murder or a 30-year term for riot.”

Such a deal.

So mote it be.

  • The Legendary

Hollow Twin Peaks Cases Could End, Not With A Bang But A Whimper

BOOK OF WACO – BY CHAPTER, VERSE, NUMBERS AND ACTS

Hogs roll by Newman’s Bakery at Belleville, under Saturnine clouds

“…This is the way the world ends
Not with a bang but a whimper.” – T.S. Eliot’s “The Hollow Men”

Belleville – Leaden rain clouds faked a threat to douse sun-drenched blades of coastal salt grass as a lazy Saturday world rolled by the front porch of Newman’s Bakery.

Harleys in heat, customized pickups, volunteer fire trucks sporting Glass Packs, and flatulent diesels roared their way up the hill to make the obligatory two-lane blacktop circuit of the Courthouse Square while trial lawyer Paul Looney held his weekly free legal clinic.

Situated on a trident fork on the way to everywhere at the corner of State Highways 36, 159 and FM 529, three of Austin County’s principal thoroughfares, Newman’s is a weekend Mecca for folks luxuriating in the extravagant feeling of not being in a hurry in this picture perfect world so near and yet so far from the nerve shattering hustle of the Domed City.

Looney is in the big middle of a phenomenal winning streak in criminal jury trials.

But he doesn’t take all the credit for his successful trial practice.

The phenomenon of jury nullification has reared its unpredictable head – at least once – in his unbroken string of dozens of victories.

“We had a case we just couldn’t handle any way but to give it to a jury,” he recalled, “because the plea offer was so unacceptable.”

After hours of deliberation, the jury sent the Judge a note, asking if they convicted the defendant, could they be assured he would assess the minimum legal penalty in his sentence.

“The Judge sent them a message. He told them they were the finders of fact, that he was the one to pass sentence, and their job was either to acquit or convict…

“So, in about 15 minutes, they sent a verdict of acquittal.”

With nearly 450,000 miles on his Victory Motorcycle, Looney is a specialist in letting the jurors decide – or at least, giving the State a good, long look at the prospects of  the notoriously unpredictable actions of twelve veniremen, good and true.

To see the world from two wheels, a lot of truth goes by – in a hurry.

But the Twin Peaks cases have given this old hammer an anvil to remember.

Looney calls it the Book Of Waco.

“It’s nowhere to be found in my $350,000 law library.”

Prosecutors just do as they please in McLennan County’s two criminal district court venues. “They have done it that way for years – because the judges let them get away with it.”

Twenty-two shaky cases could walk out the door if 54th Criminal District Judge Matt Johnson grants a motion to quash a “superseding indictment” for rioting a Grand Jury returned against 1%’er biker Marcus Pilkington, who was one of 177 arrested and held on a $1 million bond following a gunfighting “melee” at Twin Peaks Restaurant on May 17, 2015.

Hundreds of motorcycle enthusiasts had gathered for a political meeting of the Confederation of Clubs when shots rang out and 14 police rifles spoke in unison from an “established perimeter” where SWAT officers lay in wait.

When the gun smoke cleared, 9 lay dead, 20 wounded. They only tested three of the rifles. Eleven others are as yet unclassified, untested, their lands and grooves unknown to official parchment.

Meanwhile, hundreds of people – friends, relatives, wives, husbands, sons, daughters, awaited news of what was to be, to be.

This is a “cruel punishment,” according to Looney, that of a military organization, the kind “governments inflict on people.”

“I don’t know if it was a political meeting or just a bunch of guys who got together to settle who has the biggest stick; it was a military operation from start to finish,” Looney concluded.

There was a perimeter, sentries, fields of fire, L-shaped crossfire zones – the works. Bang. Bang. Shoot. Shoot.

Yee-ha!

Pilkington was one of the wounded whose gunshot injury festered without adequate medical care while awaiting a bond reduction as he languished in the Jack Harwell Detention Center, a County lockup privately operated by LaSalle Corrections by a warden who once ran Mississippi’s notorious state cotton plantation, Parchman Farm.

“There are three or four people who are in serious trouble,” said Looney. “They may well have murdered someone…”

Three policemen whose rifles tallied four homicides were exonerated by no true bill of indictment of the Grand Jury.

It’s a murky matter, one best left to the finders of fact on a jury. The evidence discovered – so far – includes two terrabytes of archived information. When visiting Judge Doug Shaver of Harris County asked what does that mean, the prosecution told him “about two million documents.”

A funny thing happened on the way to the police investigation of what – just what the hell – happened a few minutes after high noon on that fateful, rainy Sunday afternoon at Waco.

The prosecution hijacked the case with a non-specific, blanket, fill-in-the-blanks complaint of engaging in organized criminal activity, a first degree state felony that could carry a penalty of up to 99 years behind bars because some people were murdered under capital circumstances and others allegedly suffered aggravated assault.

“The prosecutors,” three criminal defense lawyers from Houston appointed by Regional Administrative Judge Billy Ray Stubblefield, “aren’t really up to speed on the case.”

Who is?

As he spoke, Looney was awaiting word as to whether he would be hired to represent another defendant who faces a jury in August. His defense counsel suffers the same set of circumstances, a massive discovery that has appeared over a period of more than three years – in dribs and drabs.

Why special prosecutors, a visiting judge?

The elected Criminal District Attorney recused himself rather than take the witness stand as a “necessary witness” who drafted the criminal complaint. By doing so, he allegedly became a police officer, not a prosecuting attorney.

“The law is the law…Amend the Code of Criminal Procedure, or just – follow – the – law!”

It be that way.

Abel Reyna, who failed in his bid for re-election to a third term by a margin of 60 percent naysayers to 40 percent in support of his administration, is the subject of an ongoing federal probe in which numerous members of his staff turned informants for an FBI agent.

Faced with an appearance as a witness, he recused himself after a jury rejected his prosecution of Dallas Bandidos President Jake Carrizal in a mistrial – eleven votes for acquittal, one for conviction.

And so it goes.

Word around the campfire, former Assistant District Attorney Amanda Dillon, fired ignominiously by Reyna for disloyalty – she is one of the FBI’s informants – may be rehired to head up the remaining cases.

That San Bernard, she part river and all bayou, don’t you see.

“Catch the blue train, all the way to Kokomo. You can find me, somewhere down the crazy river…”

So mote it be.

  • The Legendary

LA TREN BLEU EN BLEU EN BLEU – PEOPLE HAVE ASKED!