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.
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.
So mote it be.
- The Legendary