All posts by Radiolegendary

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! 

 

 

 

 

 

 

 

 

 

 

 

 

 

New Indictments “Under Advisement” – Twin Peaks

Waco – 54th Criminal District Judge Matt Johnson sounded curious when he had heard the arguments from the State and Defense counsel regarding re-indicting felony offenses under the same cause number.

“When I was an Assistant District Attorney,” the Judge said, “any time you got a new indictment, you got a new cause number.”

That’s the letter of the Texas Code of Criminal Procedure, and it’s there to prevent any possibility of a defendant having to answer a charge in double jeopardy – a violation of civil rights.

Prosecutors explained the policy in use in the McLennan District Attorney’s Office was instituted by former First Assistant DA Greg Davis, with the assent of the District Clerk.

According to a prosecutor in the case against Marcus Pilkington, who was originally indicted for engaging in organized criminal activity at Twin Peaks Restaurant on May 17, 2015, then re-indicted for “rioting” in a subsequent presentation to the Grand Jury, the policy is a “matter of convenience.”

The Grand Jurors “do not pass on the caption,” said the prosecutor. “The Grand Jury passes on the body of the indictment.”

Under the present system, the same bond applies, the case is merely updated as to the offense.

It is the argument of Pilkington’s lawyers that it isn’t a proper way to do business when it comes to criminal charges.

“It sounds like they’re trying to superimpose something we use in civil procedure” to amend a petition as to its allegation of complaint, said Paul Looney, lead defense counsel in the Pilkington case.

“That gives rise to rights that are in the Code of Criminal Procedure…There is no authority for doing it this way, and it completely bypasses a defendant’s right to participate (in his own defense).”

His co-counsel, Mark Thiessen, said, “If they’re proceeding on a new indictment, the first one doesn’t disappear. There needs to be a motion to dismiss.”

According to Assistant DA Sterling Harmon, who handles appellate matters for the DA’s Office, “There has been no amendment of either indictment in this cause number.” He emphasized that the procedure under discussion is merely “a matter of convenience.”

At that point, the Judge said, “I would like to comment on this…”

Following a brief discussion with Looney, who said he will be tied up in another court case for at least a couple of weeks, he announced he will take the matter under advisement for at least a week.

The allegation of the motion to quash the Pilkington indictment hinges on more than 20 others in which the statute of limitations has tolled. If the new indictments must be sought under new cause numbers, there will be no way to do that.

Three additional indictments on murder charges are not affected by the statute of limitations.

So mote it be.

  • The Legendary

For background information on this story, click here:

Mad Marc’s Case In Twin Peaks Comedy Of Errors

 

 

Lovin’ On Baby Got Out of Hand – Make Willie Famous

IN A JOB INTERVIEW WITH VEGAS METRO COPS, WILLIE REYES ADMITTED RAPING A BABY GIRL – BUT THEY CAN’T PROSECUTE!

Las Vegas, Nv. – What happened here probably won’t stay here.

Though prosecutors, defense lawyers, legislators – even the Attorney General – are involved in the dialog, the 19th Century rule on corpus delicti – Latin for “body of the crime” – is standing firm in Sin City.

“Bow Tie” Stephen Stubbs, a legal badass who routinely terrorizes the muni courts in Boulder and Mesquite, is armed with the full facts, and he won’t budge, either.

Stephen Stubbs, criminal defense attorney with an opinion on rapists

The Bow Tie drew favorable ink from local scribes when he published a YouTube viddy that named Reyes in an account of just why the way the law is turned at present, authorities can’t haul him before a judge to be charged for the digital rap of a little girl who had not yet reached her first birthday – and can’t remember what happened to her.

Because she can’t testify, there is no “necessary witness” with personal knowledge of the offense available to offer testimony against Reyes, even though he voluntarily admitted in a job interview and in a polygraph examination that he is guilty.

The Nevada Legislature decided a legal change is not necessary, and Bow Tie lays that at the feet of public opinion, “because there is no compelling story” to tell the people otherwise.

The deal is this: “Corpus delicti. It’s an early 1800s law that says that a person cannot be convicted on confessions alone. He chose a victim that can’t testify and carefully raped her with his finger so that there was no trauma,” said Stephen Stubbs.

Thus his story compelling an eruption of the vox populi.

Numerous states have amended their rules of criminal procedure and evidence in order to allow prosecution for crimes against persons who are not able or available to testify.

So mote it be.

  • The Legendary

An excerpted page from the investigative report in the Willie Reyes case obtained by attorney Stephen “Bow Tie” Stubbs (click for full size)

 

 

 

 

 

“…the first time I’ve seen one of these…”

Vincent Sampson, 46, in Oct. 2016, surrendered his weapon when ordered to get on the ground at Midway Panther Stadium, Hewitt…

Waco – A former U.S. Army Sergeant who now commutes to Dallas daily from his home in Hewitt says he doesn’t remember the woman with the phone at the entry to the football stadium.

She testified in a jury trial for public intoxication about her alarm when she saw the gun in the waist band of Vinnie’s shorts as he walked his dog past her.

Following his acquittal for public intoxication, a member of the all-female six-woman jury cautioned him that she didn’t want to hear of any further trouble.

“My son goes to school there, too,” she told him. Sampson’s son was playing ball at an undergraduate game at the time of the confrontation over the weapon .

Every police officer queried following the resulting public uproar said that had he been in School Resource Officer Foley’s shoes, to a man, they would have shot Sampson.

The civil authorities found a resolution to the cultural contretemps.

Sgt. Sampson will keep his job as a civilian employee of the Defense Department; Judge Brad Cates waived the restriction on leaving McLennan County for the 15 months deferred adjudication he sentenced him to this week in County Court at Law No. 2. In addition to his fine of $1,600, Sampson will perform 10 hours of community service.

When the prosecutor recommended he should order Sampson to surrender his .380 semiauto handgun, Judge Cates demurred, saying he did not see that as  necessary.

He waived travel restrictions on his sentence. Sampsonwill be allowed to visit his home town of Boston and make a business trip to the west coast in his job as an Army logistics specialist who supervises the transportation of youthful troopers to their basic training duty stations following their induction into military service.

He recalls the nearly two years he spent supervising U.S. Army troopers in the NATO forces serving in the peace keeping mission of the civil war in Bosnia during the nineties – the Serbian “ethnic cleansing” of muslim citizens of Kosovo and Herzegovina.

“I brought home every one who went there with me,” Sampson told me.

Following his final honorable discharge from the Army, he worked at the VA call center in Waco, directing the inquiries of veterans seeking benefits and medical treatment.

The judge looked at his folder when his case was called and said, “This is the first one of these that I’ve seen.” 

Cody Cleveland, his 33 year-old lawyer, told Judge Cates, “My client is willing to comply with all the terms” of his sentence.

And with that, the Court accepted his plea of guilty to the offense of carrying a firearm into a sporting event.

The events for which he answered were nothing so much as a cultural clash, a reaction by a woman who objected to what for Sampson had become a conditioned approach to surviving any given day during his overseas service.

Carrying weapons in a foreign nation where people ran for their lives on the streets of Sarajevo, dodging Serbian sniper fire, was nothing less than routine.

Their slow deaths from starvation in camps operated by their ethnic rivals was an accepted part of a civil war that raged in the power vacuum of the former Soviet satellite of Yugoslavia.

Sampson and his men guarded the mass graves of those who lost their lives to centuries of hate. He safeguarded the evidence of war crimes committed in the name of social justice. Along with service in Desert Storm, the operation that recovered the oil fields of Kuwait from the Iraqi forces of Saddam Hussein, that was Sampson’s war.

Attorney Cody Cleveland, (L), outside the court with Sgt. Sampson (R)

Prohibiting the possession of all weapons at schools and other venues amounts to nothing less than hanging a sign outside the doors to tell any psycho, “Come on in. Bring your guns. No one will oppose you here. You can slaughter the helpless at will.”

So mote it be.

  • The Legendary

Allege ‘Induced Child Psychopathology’; Judge Recuses Self In Hearing

Dog handler, McLennan Deputy Jos. Ballew, (L), with Lt. Chris Eubank

The parent is the primary case for the delusional belief system, and pathogenic parenting practices are the origin of the child’s delusional belief. This induced delusional belief in the child, created by the highly distorted pathogenic parenting practices of a narcissist/(borderline) parent, is resulting in the child’s expressed desire to terminate a relationship with a normal-range and affectionally available parent who could otherwise act as a protective psychological buffer to the pathogenic psychopathology of the narcissistic/(borderline) parent.Childress, Dr. C.A., “An Attachment-Based Model of Parental Alienation: Foundations,” Oaksong Press, Claremont, Ca., 2015.

Waco – Some disputes are exceptionally ugly.

When it comes to arguing a motion to modify parental custody of the children in a hotly disputed divorce, ugly beats all the pretty off the facts of young lives. In this case, the attorneys handling the matter for the mother whose children have been taken from her are alleging psychopathology induced by ill parental behavior.

Not to worry. There are professionals who actually sort these things out for a living.

And so, the parties to Ballew V. Ballew gathered in 414th Civil District Court on Wednesday afternoon, July 11 – 7-11 day – to hear the facts of the matter of just where the elementary school-age kids of Jos. and Brittany Ballew Raley will live.

When this dispute is settled by a judge’s order, it will be because of a discretionary ruling either to allow or disallow evidence and testimony regarding polygraph examination of the ex-wife of Deputy Jos. Ballew, Brittany Ballew Raley, and her husband, Andrew Raley, of Mt. Calm.

Their counsel, Dennis Fuller of Dallas, has ordered extensive polygraph testing of the couple; the test results the testimony of the experts who gave the tests will be able to show what is what with the allegations of complaint raised by the Waco law man.

Polygraph examination is a perfected art useful in determining if there are signs of deception present when a questioner asks detailed questions about a particular set of circumstances. The trick is to create a clearly anomalous pattern of bodily reactions through the repetition of neutrally worded, innocuous questions in sequence with those in which a question of substance regarding the primary inquiry might produce a reaction – blood pressure, respiration, galvanic skin response – at extreme variance with the established norm.

Question: What do you do when a trusted investigator is possibly telling one lie after another? Just how often is such a person – an intelligence operative, or a law enforcement officer, let’s say, examined as to signs of their veracity?

As a rule, you take that person to Court, especially when all this has an impact on the lives of people – little people, children.

That’s why it’s so exceptional to find polygraph examination under discussion in a court of law. Though officers of the Court make numerous decisions such as whether to present cases to Grand Juries, the probability of a witness being proven wrong, or just common sense plans to make the Court aware of any such factors based on polygraph results, those results are inadmissible as evidence.

T’is an anomaly within an anomaly, as it were. Direct testimony about matters in which the witness has personal knowledge is quite different, and there sat McLennan Sheriff’s Office Deputy Jos. Ballew at the respondent’s table, which made what was about to occur a matter of record – not hearsay, but direct evidence.

Extraordinary.

What makes it more unusual is that in the dystopian world of law enforcement where everyone is under suspicion most of the time and supervisors rely on polygraph tests to see who’s lying, the McLennan County Sheriff’s Office is famous for not using the polygraph in its internal investigations.

Any number of experienced officers who have worked there will tell you. They just don’t use the box to pin their hands down on matters.

The truth is, one of the man’s daughters just does not want to live with him, and her younger sister has been hard-pressed to give forensic testimony to Child Protective Services examiners who placed the two girls under protection.

So Ballew’s ex-wife and her husband came to Court to fight back, armed with the facts, ready to present witnesses.

According to Detective Michael Miller of the Sheriff’s Office, the younger daughter made an outcry on September 17, 2017 alleging emotional abuse, sexual abuse, and physical abuse of both herself and her mother by her step father, Andrew Raley.

Det. Miller said she presented at the Child Advocacy Center that the girl was “very scared,” that she refused to come in the room out of fear, and that when she finally calmed down, she told a story about being shoved violently into a bed frame, an injury that left marks on her back. She also told of seeing her step father push her mother down some steps, something that left her in a cast on her foot and her hand due to broken bones.

She made an outcry regarding sexual abuse in privacy matters regarding bathing. He made a video of her remarks, he testified.

When Miller turned the investigation over to CPS Investigator James Hastings, he learned that the allegations made in mid-September were voiced again on Sept. 26 regarding ongoing violence and severe alcohol abuse by the couple. On November 30, said Hastings, the child renewed her complaint, alleging unprovoked attacks against her by Raley.

When Dennis Fuller cross-examined the witness, he pointed to earlier allegations of complaint made by the child.

He showed the witness and judge documents from 2011, 2012 and 2014.

“There is a pattern of Mr. Ballew filing complaints each time earlier allegations are determined to be unfounded,” Fuller argued.

Hastings said he is “totally unaware” of those reports, and has no personal knowledge of them. The judge ruled he cannot testify about that which is unknown to him.

Fuller said that he is able to correlate the outcry reports from the time when the couple’s divorce was in progress and later in 2017 with the release of findings of unfounded allegations.

During a break in the hearing, the judge and the plaintiffs’ lawyer suddenly realized they are old acquaintances who know one another socially through their older brothers. Once they determined that, Judge Vicki Menard had no other choice but to recuse herself halfway through the hearing when Betty Denton, Mr. Ballew’s counsel insisted.

She simultaneously released 14 sworn witnesses who are ready to testify on behalf of the beleaguered couple. Among their number are investigators, police officers, and polygraph and drug testing experts.

One of the district judges in the McLennan County jurisdiction will have to rule on the case, in which the relief of a temporary restraining order is sought to return Ballew’s daughters to their mother’s home.

It’s not an unusual situation.

It’s a problem so common as to result in a standing order agreed to by all the district judges in the jurisdiction of Six Shooter Junction. One may see by reading the document that it’s a situation governed by precise and exacting legal principles. 

Ballew’s career has been checkered by allegations of cruelty to drug detection dogs he handles on the job, as well as hunting dogs he uses to apprehend wild hogs in primitive hunting rituals.

One incident involved a Belgian Malinois named Ace whom both Ballew and Lt. Chris Eubanks allegedly taunted with a cap pistol to the extent that he attacked his handlers out of rage. 

The same dog later attacked another handler’s son when left alone with the child.

Officials released an official report holding that Ballew did in fact abuse the dog. 

In another incident, Ballew allegedly swung a hog hunting dog over his head and slammed it on the ground, injuring the animal in the presence of DPS agents. Both incidents resulted in extensive investigations, but no significant disciplinary action against the deputy.

Watch these columns for further developments in the custody dispute between Deputy Ballew and his ex-wife, Brittany.