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.
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.”
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