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Lawyers Encourage Viewers To Demand Televising Twin Peaks Hearings To Oust DA

MOTION BY TRIO OF LAWYERS COULD OUST REYNA

Waco – Sooner or later, it had to happen. People are acknowledging the power of social media, and the new technology is beginning to wag the broadcasting media’s dog.

A Dallas lawyer who recently agreed to a postponement of his client’s Twin Peaks case until after the Republican Primary race between the DA and a challenger joined two others to make a direct appeal through social media encouraging viewers to contact KCEN-TV to request live coverage of a motions hearing in the cases of two co-defendants.

http://www.kcentv.com/mobile/article/news/local/shooting-at-twin-peaks/motions-to-toss-abel-reyna-off-twin-peaks-trials-will-be-heard-monday/509600226

On Monday, January 22 at 10 a.m., 19th Criminal District Judge Ralh Strother will take up the motions of Billy McRee and Jorge Salinas, both arrested at the same time his client Scooter Bergman was at Twin Peaks Restaurant on May 17, 2015, for a COC&I meeting.

The three are charged by indictment along with an additional 152 defendants for engaging in organized criminal activity.

It is the allegation of F. Clinton Broden, who represents Bergman, as well as Brian Bouffard and David Beyer, who represent Salinas and McRee, that the sole reason for their arrest may be explained by a decision made by the elected District Attorney, Abel Reyna.

According to the motion Beyer filed on behalf of McRee, “In a hearing held in the cases of related Twin Peaks’ defendants, it was established that, for all intents and purposes, Mr. Reyna orchestrated the arrest of Mr. McRee and all of the Twin Peaks’ defendants.”

That hearing took place of August 8, 2016, and involved the testimony of police, Reyna, and his prosecution team in which it was established that the DA ordered a change in the plans for the investigation of 9 cases of homicide, and the wounding by gunshot of an additional 20.

One may read pertinent portions of the transcipt from the motion by clicking here:

https://www.dropbox.com/home?preview=Mcree+Motion+to+Compel+-+Beyer.pdf

In the testimony of Waco Detective Manuel Chavez, and the testimony of Reyna, according to the both have committed perjury, according to the motions.

In the case of Chavez, it is alleged, he swore to events of which he admitted he had no personal knowledge. Reyna, it was established, lied on the witness stand when he answered Broden’s questions about Chavez’ procedure to familiarize himself with the facts alleged in 177 identical fill-in-the-name affidavits of warrantless arrest.

When Chavez admitted under re-direct examination that he had not seen or spoken with Reyna on that date, according to Broden, he established under oath culpability for Reyna’s aggravated perjury, which consists of a falsehood uttered under oath by a public official during a legal proceeding.

That motion be be read by clicking here:

https://www.dropbox.com/home?preview=Salinas+Motion+to+Compel+-+Bouffard.pdf

The Salinas motion holds that Reyna is a witness for that reason and for the reason that he made the decision to charge 177 persons with the conspiracy offense of engaging in organized crimiminal activity because of their affiliation with motorcycle clubs he suspected

outlaw criminal biker gangs” as defined by the Texas Department of Public Safety and the U.S. Department of Justice.

The Salinas motion also contains subpoenaes for the following public officials and staff members alleged to have been involved in a federal investigation of Reyna’s practices.

They, are, according to the motion, former First Assistant District Attorney Greg Davis; personal assistant Julissa West; former Prosecutor Brittany Scaramucci, who has served as a special prosecutor since then; retired Waco Detective Sherry Kingrey; Assistant District Attorney Sterling Harmon; Twin Peaks Lead Prosecutor Michael Jarrett; and Assistant Prosecutor Amanda Dillon.

It is alleged that all are suppressing evidence favorable, or, that is, exculpatory, in the cases of all the defendants indicted in the Twin Peaks prosecutions.

Predictably, knowledgeable observers are quite sure that Reyna will make an immediate motion to have the subpoenas summoning them as witnesses quashed by the judge.

DA Challenger Scores Points, Incumbent Denounces Daily Paper

SPARKS FLY AT REPUBLICAN CLUB LUNCHEON OVER TWIN PEAKS

Barry Johnson hammered on Reyna’s alleged improprieties in office…

WACO – Embattled DA Abel Reyna drew first blood in the Republican primary race – by attacking the local daily newspaper’s coverage of his career in office.

More than 700 party and elected officials crowded the assembly hall at the Texas Ranger Museum to hear the elected DA and his challenger Barry Johnson go at each other, hammer and tongs.

DA Abel Reyna emphasized his money saving innovations of pre-trial intervention, a streamlined docket that encourages defendants to enter guilty pleas, and his promised courtroom presence over his two-term tenure.

He concluded his remarks by referring to clubs of motorcycle enthusiasts who were the subject of mass arrests on May 17, 2015, as “gangs,” and their defense lawyers who are using Johnson as their “puppet.”

Challenger Barry Johnson, a hometown Waco native whose father was a Justice of the Peace and a District Judge  has practiced in civil law at Dallas for many years.

He was quick to remind a largely stone faced crowd that McLennan County taxpayers face a liability of an estimated $350 million in civil rights cases stemming from the Twin Peaks massacre.

In highly critical remarks, he explained that the personal involvement in decision making in the cases as to exactly how to structure the charges against 177 arrestees as engaging in organized criminal activity, a first degree felony, exposed the county government to liability issues, where a more noncommittal role would have maintained the DA’s office in the privilege of governmental immunity.

He returned to the alleged mistake in legal judgment repeatedly in a highly structured question and answer, rebuttal and brief series of statements moderated by a party official.

In answer to criticism leveled at his lack of criminal trial experience, he pointed out that the procedures are actually very nearly the same.

Both candidates discussed pro and con the pending federal investigation first uncovered by the local daily paper.

Reyna drew thunderous applause when he denounced the editorial content of the Waco “Tribune-Herald” as “fake news.”

Editoria Page Editor Bill Whitaker and Courthouse Staff Writer Tommy Witherspoon sat by in high catoque during the chivaree.

One may hear the program in its entirety by clicking the arrow below:

Two-term incumbent DA Abel Reyna denounced critical press reports…

It’s Called A Grand Jury

GRAND JURY INVESTIGATION – LET’S HAVE ONE, JUST FOR DRILL

“I THINK IT’S BEN TOOMBS,” SAID FORMER CHIEF DEPUTY MATT CAWTHON WHEN ASKED WHO THIS DUDE IS TOTING THE UNUSUAL FIRING PIECE, A FN P90, 5.7X28MM (.22) FULL AUTO RIFLE WITH 50-ROUND MAGAZINE. IT WAS NEVER TESTED, ALONG WITH 11 OTHER FIRING PIECES THE COPS USED AT TWIN PEAKS

REPORTING: Paula Carroll Swann

STORY: The Legendary Jim Parks

Six Shooter Junction – Paula has questions; she can’t get the answers. They’re all about who shot who – with what weapon – at Twin Peaks Restaurant on May 17, 2015, and thereby prevented a political meeting by activist bikers because of the colors of the patches on their jackets.

The cops protected the public. This way, the public might never had had to learn that the State of Texas collected $13.5 million for motorcycle safety, and then refused to release the funds for the Texas Department of Public Safety to use for the stated purpose they had been collected for a number of years at the rate of $5 per motorcycle registration fee.

Make sense? Just saying. The truth is – as hard to believe as it is – they never tested the weapons fired by DPS officers at Twin Peaks.

Let’s talk about it. After all, we’ve got plenty of time. Looks like the next witness won’t be called until after the elections – oh – what – eleven months from now?

Maybe the expert witnesses will spend a couple of weeks telling us all about how Marlon Brando and Lee Marvin starred in a film about “outlaw biker gangs,” or the hit satellite tv series, “Sons Of Anarchy.”

Just saying. After all, when they picked the jury that ultimately turned Bandido Jake Carrizal loose in a mistrial because they just couldn’t see the case as presented, a sizable number of them told the judge they were so in fear for their lives they couldn’t give their voir dire testimony in open court.

What was it the Ph.D of Gonzo Journalism, Dr. Hunter S. Thompson always called it? Fear. Loathing. The G is good about producing flicks about all that. They get then aired on the telly, including motion pictures of people getting killed.

And they say there is no such thing as a snuff flick, that’s it’s just an urban myth, dreamed up by a bunch of sickos and wild-eyed weirdos. Avanti.

Voir dire. Fifty dollar lawyer’s Latin phrase for “Speak the truth.” Nothing like a dead language and some red tape and a gold seal to dress things up and make them official, now, is there?

Why did the people of the venire say that? Because 54th Criminal District Court Judge Matt Johnson asked them. That’s why.

Maybe they wrote something on their jury questionnaire form. Maybe we’ll never know. How do I know? I was there. I am Legendary Jim.

Just saying.

He took them, one by one, along with the prosecution, defense, the court reporter, and defendant behind the closed door of the jury room to hear them explain if they could – just as matters lay at the moment – return a fair and impartial verdict based upon the facts as presented.

They all wound up on the jury.

Just saying.

Though it was previously reported, just saying.

But, then, there’s this pesky problem regarding evidence that Carrizal and 154 other people did then and there, on May 17, 2015, knowingly and willingly take the life of a human being, or inflict serious bodily harm by engaging in organized criminal activity or directing the activities of a criminal street gang.

Hang on tight. This is going somewhere, but it’s like a string of empties, headed back to the coal mine; there’s no big rush. After all, this all happened about one-third of a decade in the past. What’s the hurry? Speedy trial guarantee found in the U.S. and Texas Constitutions? Oh, pish, posh, and fiddle faddle. Let’s not get all legal about this.

Let’s start with who shot who – with what?

The cops and the prosecution have so neatly jigsawed around that issue, it’s worth mentioning the facts that have received no attention in court, according to Paula Carroll Swann.

The cops only tested three rifles of three SWAT officers who killed four people. She keeps saying it, and there’s a reason for that. Most people have to hear something a minimum of seven times before you really get their attention. Paula knows that.

That’s way less than half of the 9 who died. Just like votes, each one counts as one. Think about it.  That’s only 20 percent of the 20 wounded by gunfire on that bloody day.

Paula is a lady from Houston who now lives in south Texas. She got interested right away. It didn’t sound like anything Paula Carroll Swann ever heard about growing up in the household of a Houston Police Homicide Detective.

Those old boys diagram the scene, where the bodies fell, count the shell casings, catalog the evidence, photograph the scene. They build a Bible on the case, based on the evidence.

They confiscate the guns. Have them test-fired, compare the bullets recovered from bodies, walls, furniture – with the test-fired bullets.

If the cops fire their guns, they have ballistics tests performed on their guns. All the cops. All the guns.  So far, so good. We’re talking about personal knowledge, here. Personal experience.

“All of the 44 casings recovered came from firearms of 14 law enforcement officers. Twelve of the 44 casings recovered were fired by three Waco police officers using patrol rifles that fire .223 caliber rounds. Those rounds killed 4 people. They are Officers Bucher, Jackson & O’Neal.

Fourteen officers are involved. Where are the missing 11 rifles?” asked Paula Carrol Swann. She’s still asking that question. 

The Waco cops kept right on plowing ahead. They refer all questions to the Attorney General’s Office. That old boy told the defense during the trial that the prosecution concealed evidence.  

As of this release, there are a total of 44 shell casing recovered from the Twin Peaks scene,” said a Waco police statement issued by then Chief of Police Brent Stroman. “This number does not include the revolver rounds fired by non-law enforcement shooters. Those casings are still being counted. Twelve of those casings were from the rifles of 3 Waco Officers who discharged their weapons in defens of themselves or a third party. The Waco SWAT Officers’ weapons are .223 caliber rifles that are capable of full-auto fire. Officers only fired in semi-auto mode during the incident. There was no full-auto gunfire from any of the Officers at the scene. As is normal practice, rifles carried by the Waco SWAT Offiers were deployed with sound suppressors. No other Officers fired rounds from any other weapon during the incident. The Officers involved in the shooting have been assigned administrative duties pending the outcome of the investigation.”

The Southwest Institute of Forensic Science tested the three rifles. Their expert witness testified about that during the trial.

When an ATF agent took the witness stand following the testimony of a tool mark technician from the agency’s laboratory, he admitted under cross examination by Carrizal’s defense counsel Casie Gotro that he obtained his knowledge from reports prepared by the Waco cops and other agencies involved in the ambush.

She objected that the witness had no personal knowledge of the evidence, that he was prepared to testify about matters alleged by other persons, other experts in their official reports. She told the judge that’s hearsay.

No one asked why those experts were not subpoenaed to testify about the material they developed in their investigations, why the federal government was called upon to interpret their findings in contravention and abrogation of the Texas Code of Criminal Procedure.

Naturally, there’s a reason for that. The prosecution, the elected District Attorney, took their case away from them. He ordered them to arrest everyone wearing a patch of a certain color. That made him a necessary witness, the complaining witness, the one the prosecution usually leads off with, a person with a title like Detective, Inspector, Captain, Lieutenant, Sergeant, Patrolman. These flat-footed characters always qualify as to their expertise, training, years of experience – and the like. You know, the fuzz.

You would have to be a trial lawyer to understand why. To ask might just be argumentative, leading, irrelevant – something. After all, they keep it about as complicated as they can. That’s why Clarence Darrow said what he said. Court is a place you don’t want to be. Why?

“There is no justice – in or out of court,” Mr. Darrow declared. Had they not indicted you, they could have indicted a ham sandwich, etc.

Judge Johnson agreed with Casie Gotro. He sustained the objection.

He told the prosecution to call their next witness, dismissed the ATF agent, and the elected DA Abel Reyna and lead prosecutor Michael Jarrett looked very disappointed when they stacked all the reams of documents back into the tote bins in which they transported it to the courtroom.

Naturally, he told the man from the ATF to watch his step as he alighted from the hot seat. There’s a step down, you see.

It was a moment.

Though nightmarish and Orwellian, it is a moment that “resounds like a sixteen penny nail when struck by a greasy ball peen hammer, ” as Brother Dave Gardner so often said in his nightclub act.

Tee hee. Ho ho.

NOW, we’re getting somewhere, as Dr. Hannibal Lecter would say.

Why didn’t Paula Carroll Swann talk about all this before? Because she didn’t want to do anything to complicate the trial of Jake Carrizal.

Paula Carroll now wants to tell her story. It’s a good one.

Thirteen of sixteen entrance wounds were .25 inches in diameter or smaller.

FN P90s fire a round with a diameter of .224409 inches. M-16s fire slightly smaller rounds with diameters of 0.218898 inches. All but one of the victims had wounds fired from a downward trajectory. Six of the nine dead had head or neck wounds. None of the wounds contained gunshot residue, which indicates that the shots were fired from at least three feet away, and probably five feet or farther away. The absence of residue casts doubt on clams by prosecutors of ‘Bandidos executing Cossacks, and Cossacks executing Bandidos.’ Two of the dead had large wounds consistend with a 12 gauge shotgun slug. Ten of 16 wounds were in the back, indicating that the victims were running away when they died. Seven of the wounds were fired from right to left. Six were fired from left to right.

Nine millimeter bullets have a diamter of 0.35433 inches; forty caliber handguns fire a bullet that is four tenths of an inch in diameter and .357 magnums fire rounds that are about .357 inches in diameter.” – Reason.com

For the record, a .38 special bullet is .358 inches in diameter, according to “Modern Reloading,” by Richard Lee.

This is a rudimentary sketch of the L-shaped ambush the cops laid – Paula Carroll Swann 

Waco Police: Bucher, Jackson , O’Neal , Vail , Ziboli, Stone, Fench, Barnham, Davis, Swanton. DPS: Frost, Lt. Schwartz, Glenn, Gerik, Dale, Overcast & Detective Rogers. One Sheriff’s Office car, officer previously unknown

If it will, it will; if it won’t, it won’t – It’s who counts the votes really matters

McLennan County – If you still think you can’t vote because you were convicted of a felony years ago – you’re wrong.

That’s because certain power people want you to be wrong, and they’re working hard to make sure you are.

You can register to vote, and you can vote, but will your vote be counted? Maybe, maybe not. Here’s why, according to the Secretary of State’s Office.

To make sure you get a chance to make a record of your restoration of voting rights by operation of law due to your successful completion of your sentence, read this and follow directions.

https://www.sos.state.tx.us/elections/laws/effects.shtml

Go to the DA’s office and request their assistance getting a certificate of release from the Court where you received your final conviction. This will show that your voting rights have been restored by operation of law. You can have it file marked and use it to memorialize the release with the Registrar of Voters to make sure your entry in the Voters Database is correct.

If you still think all this is making too big a deal out of the status quo, then consider this.

The COC and I meeting at Twin Peaks on May 17, 2015, was held to let Paul Landers of Austin give a talk about the present state of affairs in state houses nationwide vis a vis bikers and cops.

He never got a chance to make that talk. He got busted, and a Justice of the Peace with no legal training, a retired highway patrol speed cop, set his bail at $1 million to “send a message,” along with 177 other persons.

So the cops made sure he and the rest of the 177 people, plus the ones they didn’t arrest, were deprived of their God-given right to freedom of association, expression, and the political right to speak freely about ideas of their choosing. Pity.

What’s more, he has never yet gotten his day in court. Here is what he told David Devereaux of the Motorcycle Profiling Project:

To our patch holder and independent riding community at large, do not quit! Do not let one tragic incident like Waco curb your passion and commitment to inform, educate, and legislate all riders. We are all Americans. You must continue the fight to protect your civil liberties. Do not be silent! If anything, Raise your Voice. Gather in numbers, organize your community, police yourselves, and control the message you wish to be heard.

This is a motion to quash the indictment against him; though filed in October of 2017, it is yet to be heard in 54th Criminal District Court by DA Abel Reyna’s former law partner, Judge Matt Johnson

Landers Motion to Quash the Indictment for Prosecutorial Misconduct 10_19_17

Landers’ name came up during the Jake Carrizal trial that ended in a hung jury in November. They showed a picture of his pickup truck and mentioned that a number of long guns and several handguns were found locked inside the cab.

That is not a violation of the law. You can carry firearms in your vehicle with no penalty or violation of the law whatsoever.

So, what is the problem? Maybe the problem is that the cops don’t want folks to have guns? They don’t like motorcycle enthusiasts? Don’t like political meetings?

Maybe they just have a problem, period. Antisocial types.

Who cares?

Vote early and often.

  • The Legendary

A Mighty Cold Blue Wind

EXEUNT – Casie Gotro, trial lawyer of Houston, her client out of bullets

Waco – The appointed hour of 1 pm came, the lawyers, the court reporter and the defendant Jake Carrizal assembled in the chambers of 54th District Criminal Judge Matt Johnson, and they called the question.

Will the trials of the Dallas Bandidos President continue?

In a word, no – not at the present.

When they emerged and went back on the record, defense counsel Casie Gotro addressed the Court, saying, in part, “Jake is indigent.”

He’s out of bullets.

Neither she nor he can afford to continue.

Whatever comes next, a court appointment of an attorney, pro bono representation by another trial lawyer – whatever – “I will stay on until the other attorney is up to speed,” she promised.

Discovery of two million documents, the statements of hundreds of witnesses – all was turned back over to the prosecution following the November mistrial when a jury hung, unable to return a verdict.

The judge granted her motion to withdraw from the case, and it was all over, and at that moment, a mighty northwest wind fetching the chilling temperature of a blue norther, the kind of blow that makes two-ton vehicles wander from centerline to the shoulder in gusts of irresistible force, suddenly scoured the valley of the Brazos.

Scooter Bergman, a man guilty of nothing more than being at Twin Peaks Restaurant on May 17, 2015, wearing the colors of Los Desgraciados – the disgraced ones – looking to attend a political meeting, accepted the motion for continuance of his attorney F. Clinton Broden, as it was granted.

He had earlier refused to lie and say he is guilty of any offense whatsoever and accept the terms and conditions of probation.

“That would be my first lie,” he told the gallery, the media, and world. Red and Gold Nation rose to its feet as one and shouted, “Ai, cojones…”

He will not see a trial for 180 days, in the dead heat of summer.

The Twin Peaks saga, a massacre in which am ambush party laid in wait for the Bandidos wearing the black and gold colors of the Cossacks, a battle that then turned into a police ambush of those malefactors, slipped out of gear, into mothballs, for the political primary season.

When it’s over, voters will have a choice between either a man who allowed the federal prosecutors, a murky intelligence bureaucracy, and the Army to manipulate the case of the People of the State of Texas, or a new interlocutor native son lawyer from the GOP. The winner of that race will face a Democrat who practices criminal law in the courts of McLennan County.

The unexplained, the answer to the question that remains is this: On the day of jury selection, a number of persons indicated to the judge that they could not speak the truth – voir dire – aloud in open court, due to their fear for their lives.

This nameless, unspoken, undefined terror drove them from public view. Judge Matt Johnson gave them an opportunity to line up seeking privacy for their examination.

Both prosecution and defense, the defendant, the judge, and the court reporter retreated to the jury room. When they emerged, a number of those persons – nearly half the empaneled members of the venire – had been placed on the jury by elimination in the attorneys’ picks and the judge’s removal of veniremen for cause.

The operative question – the bottom line – had been this. Just as matters are, the way you sit here now, is there any reason you cannot render a fair and impartial verdict of guilty or not guilty, based on the facts as presented?

That question was never answered publicly.

If they were in fear for their lives, how could they do any such thing? What made them fit for jury duty in which they would be called to sit in judgment of a man on trial for an offense that could net him 45 years behind bars?

It’s a fair question. The fact that it costs a pretty penny to read the recorded transcript of the voir dire taken in private is an obscenity flung in the face of justice, a menacing insult to the intelligence of thinking men and women on any side of the question.

The arctic blast of a frosty blue norther answered. All persons with good sense headed for the house, grateful to have shelter from the storm, driven by the sleet, threatened by the prospect of sheets of ice in their path.

So mote it be

  • Legendary Jim

HEISENBERG’S PRINCIPLE OF UNCERTAINTY

Racial Profiling Nixes Cops’ Choices In Stops

Snapshot from the 2015 arrest of Sandra Bland for a traffic violation

Riesel, Texas – Chief Danny Krumnow is often mistaken for a person of Hispanic extraction, a misconception he denies.

He uses that to point out his dissatisfaction with certain amendments to the Texas Code of Criminal Procedure and some elements of the Government Code resulting from the blowback to a very proactive posture on the pursuit of evidence in roadside stops.

In a terrible 2015 incident, Chicago native Sandra Bland stopped for a Texas State Trooper at her alma mater, Prairie View A&M University, and when the man demanded she extinguish her cigarette, the situation rapidly deteriorated from chilly to outright nasty.

She wound up in the Waller County Jail where she committed suicide by hanging herself with a garbage sack; the trooper lost his job.

Her family settled a federal civil rights suit in part by negotiating a new way to handle suspicion of cops’ racially profiling motorists and reaching a modification in the way persons who are placed on suicide watch are handled if placed in jail.

According to Krumnow, the new system is far less than perfect, because it removes the discretionary power of a policeman to deal with each situation as it occurs.

Our visit took us way down the road in exploring the complexities of just how cops try to keep the highway traffic safe and moving in the right direction to get freight and passengers.

There is a key element in Krumnow’s way of doing business in this sliver of a town located on a busy stretch of State Highway Six between two dual lane ribbons of blacktop studded with diesel filling stations, convenience stores and pit stops for a fast and steady  stream of traffic between Houston, Waco, and the DFW metromess.

“When I hire an officer, the first thing I ask him is, ‘What do you think your job is?’ Most of them say it’s to enforce the law. I tell them that’s not right. I tell them their job is to keep the peace. If you keep the peace, you don’t have to enforce the law.”

The new law requires a report of whether the peace officer knew the race or ethnicity of the person stopped before their detention and whether the peace officer used physical force that resulted in bodily injury, as defined by the Penal Code.

Sandra Bland may be heard on the dash cam video of her arrest saying that the Trooper is trying to break her wrist. He insists she stop resisting.

Part of the Texas Government Code has been amended. If a person must be put in custodial detention and placed behind bars, care must be taken if within the jurisdiction there is a treatment center should there be evidence that the reason for the need for incarceration is substance abuse related. A need for suicide watch is to be carefully evaluated and balanced with the need for hospitalization.

The bottom line is, he and a lot of traffic cops are in diametric opposition to the record keeping aspects of the Sandra Bland Act. If the Legislature should take up the issue in the future, he says he’s ready to testify as to its deficiencies and the difficulties it poses for men and women in his position.

The bottom line is the racial profiling requirements of the Sandra Bland Act will lead to a more heightened degree of tension in a situation that is already unbearably tense.

Warning tickets are going to be a thing of the past. In cases of professional drivers who hold a Commercial Driver License, the warning tickets will count against their safety record. The cameras come on thirty seconds before the speed cop flips on his red and blue blinkers.

Bad scene at the buffalo waller, to say the least.

Diesel Chief of Police Dan Krumnow says people often mistake him as a person of Hispanic extraction. He insists he has no idea what race people he pulls over may be. “Other” is not a choice in the database.

Go Go Gotro – Done Gone

Houston – Barrister Casie Gotro, who battled the powers that be in Waco to a take nothing judgment in the case against Dallas Bandidos President Jake Carrizal, got her report card.

She “doesn’t play well” with some men who think they are very important. Had she fared better with them, her client could have been found not guilty, rather than receiving a mistrial due to a hung jury.

The amazing thing is, the powers that be never really presented any evidence that Jake Carrizal participated in a conspiracy to engage in organized crime that led to capital murder and/or aggravated assault on May 17, 2015 at Twin Peaks Restaurant. Nor did they ever express, expose, or proffer any evidence that he directed the unlawful activities of a criminal street gang, an ongoing criminal enterprise – or, for that matter, a marching and chowder society.

They did show us some pictures of he and about a dozen other guys fighting back against 70 or 80 armed men. We did see that, and so did the jury.

All of this pales in comparison to what Casie Gotro, Esq., accomplished – and taught a lot of law while she was it, especially how to preserve a record of reversible error and grounds for a directed verdict of not guilty.

So the Go Go done gone and took out for greener pastures.

According to the general counsel for the National Club, Bandidos MC, U.S.A., she did her job pro bono, working gratis for a five-week trial, months of pre-trial preparation, and at least a couple of weeks of pre-trial hearings in which she and a high-powered team of legal talent representing other patch holders targeted by JADE HELM 15, the ATF, Justice Department, FBI, DPS, and the Waco police, got the original trial judge, Ralph Strother of the 19th Criminal District Court, recused for cause. His conduct displayed “bias,” according to two visiting judges called in to decide the motions.

She confirmed the rumor that she filed her motion to withdraw from the case shortly after 5 pm today, Monday, January 8, in a text message.

The general counsel for Bandidos MC, U.S.A., Bill Morian, told me you are filing for withdrawal as attorney of record in the case of State v. Christopher Jacob Carrizal, Dallas Bandido. Is that true?”

I filed it today,” replied Ms. Casie Gotro.

Nothing Earth shattering. Apparently some people believe Jake would have gotten a verdict of not guilty with a better lawyer, so he is going to try his hand with someone else.

No shortage of Monday morning quarterbacks in my profession so no hard feelings.

This might not surprise you, but I didn’t play well with some folks who fancy themselves very important men,” she concluded.

Had she snapped her fingers, fire would have flown from her fingertips. I’ve seen brave matadors, mad bulls, roaring lions and sneaky weasels in their various invective, proffer, argumentation and summation. Truly, I have.

She is the first ballerina I have ever seen dancing across the well of the courtroom, pirouetting from the defense table to the witness stand, leaping to the evidence table and back to the defense table to label the exhibit and publish the evidence to the prosecution.

She is our music box dancer, and she will always be remembered as someone who fought for our grandchildren and their children as yet unborn against a totalitarian form of jurisprudence.

Hear. Hear.

Bravo!

So mote it be.

  • The Legendary

DA Fired Her, Or Not: SPECIAL PROSECUTOR

AG DECIDES ON RELEASE OF PUBLIC INFOMATION, NOT DA

Guest Post By R. S. Gates, Minister of Irritance

Waco – I received a letter today from Abel Reyna wherein he requests to withhold public information. The Texas Public Information Act reserves the authority to determine what is and isn’t public information to the Attorney General.

I requested information related to the separation of Ms. Britanny Lannen Scaramucci from employment with the DA’s office. I made the request because the news media quoted Abel Reyna saying she was fired from his office, and I saw a post on social media saying that was not the case. So here you have a he-said/she-said.

I was at the hearing where there was a motion to remove her as special counsel in the prosecution of the two Baylor people who were arrested for DWI. The subject of her separation from employment with the DA was, in my opinion, thoroughly vetted in that hearing. I think the case could be made it was the sole basis for the hearing. At the end of the day, Judge Gassaway was unimpressed and refused to order her removal.

The local lap-dog media has eagerly published quotes from Abel Reyna and made little or no effort to do any real reporting. As you can see from the AG request, Abel Reyna appears averse to fact checking.

It’s pretty simple, if there is a letter of resignation, she was not fired. If she was not fired, not only is the DA lying but he local news media has no credibility and could be characterized as a propaganda machine.

I think your readers deserve to decide for themselves.

R.S. Gates

Brittany Lannen Scaramucci is in practice at Valley Mills, Texas

‘We Thought We Were In An Empty Parking Lot’

Ben Matcek with his son on a happier day than May 17, 2015

Bryan – Ben Matcek sat in his truck, his hands glued to the steering wheel while the Waco cops pointed guns at he and two others who had rushed a gut-shot brother to the emergency room at Hillcrest Hospital.

They watched as the man they had rescued staggered in shock to through the hospital doors with finger wrapped in a bloody handkerchief, stuck in the rapidly bleeding bullet hole.

But we’re getting ahead of ourselves. There’s more. Much more.

Matcek is the only biker arrested far from Twin Peaks, a little more than two miles, while wearing no colors, but because he had a Harley bar and shield decal in the back window of his pickup, officers noted their suspicion.

That was after Waco cops made a brother Line Rider, a mom and pop club with a small membership in Burleson and Brazos Counties, walk into the emergency room at Hillcrest Baptist Memorial Hospital with his finger stuck in hole in his gut, a bleeding gunshot wound, because he could obtain no medical assistance at the crime scene.

The cops stuck pistols in their faces and made them wait in the truck while the man struggled in shock to walk into the emergency room, denied a wheelchair or a gurney.

But he was actually arrested twice for going to his brother’s rescue. First they set his bond at something like $80,000 for misdemeanor crimes. When days later he turned himself in at the McLennan County Sheriff’s Office headquarters in downtown Waco for the offense of engaging in organized criminal activity, US Marshal’s Service SWAT teams raided his house in Bryan and his father’s father-in-law’s houses in the crosstimbers near North Zulch.

He has not been indicted. His story is grim to behold.

Maybe the worst part of it is the part where he and two other members of the mom-and-pop club were housed in a tank situated between entire wings occupied by red and gold and black and gold members kept separate for safety’s sake.

Gang experts had determined they were not part of the conflict between the two clubs. In fact, a nameless gang task force unit member who never introduced himself said he knew they were not really members of an outlaw motorcycle gang as designated by the Justice Department and the Department of Public Safety.

No, they wouldn’t give him his medication. Jailers at the Jack Harwell Detention Center never got around to obtaining it.

A federal civil rights is pending in U.S. District Court at Austin alleging that he and his companions were deprived of their civil rights.

“It’s become very difficult to find a job,” he said. “Everyone wants to do a background check, and when you’re charged with a felony crime…”

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DFW Trucker Shit Cans DA’s Deal – It’s On Trial

SECOND TWIN PEAKS TRIAL HEADED FOR A JURY 

Scooter and Judy Bergman just said no

Waco – Prosecutors, defense counsel and the defendant had just emerged from the judge’s chambers in 54th Criminal District Court when F. Clinton Broden told the judge he wanted to put it on the record his client Scooter Bergman had rejected a plea offer proffered by the DA.

All ears were on the dialog.

At one point, when Broden brought up discovery problems in the previous Twin Peaks jury trial of Bandido Jake Carrizal, lead prosecutor Michael Jarret began saying, “You Honor, I must object,” when Judge Matt Johnson said in a sarcastic tone, “You are saying there were no problems with discovery? Were you and I in the same trial?”

Jarrett’s voice and his objection seemed to just trail away like a vapor trail in the sky.

After his lawyer gave him the green light to discuss his rejection of the deal, Bergman summed it up with an economy of words startling in its directness.

Why did he turn down two separate proffers involving deferred adjudication in return for a guilty plea?

“Because  didn’t do it,” he said, his nostrils flared in disgust, as if smelling something dead and stinking of putrefaction.

“And that would be just the first lie I would be telling.”

His implication is clear. Why should he tell some lie about something that just like the charge he was indicted for, engaging in organized criminal activity that led to capital murder and/or aggravated assault, he not only did not do, but no one did – because it never really happened?

They told him he could plead out to a reduced charge not involving murder, but only aggravated assault in return for a suspended sentence and deferred adjudication upon successful completion of his sentence.

When he rejected that, they offered a year’s misdemeanor probation and deferred adjudication .

“It was a sweet deal, but not for us,” said his wife, Judy.

In an hour’s time, F. Clinton Broden had taken the judge and jury over all the hurdles and stumbling blocks that stymied the Carrizal trial during 5 grueling weeks of argumentative testimony, explosive objections, and wrathful trips to the judge’s chambers – all over the same issue, by and large.

The State of Texas withheld as much information about the alleged offenses as possible, and offered no testimony o direct evidence that would tend to lead to the conviction of the defendant for the offense for which was charged.. When the case came out in dribs and drabs, the defense had no choice but to raise hell and fight over the opportunity to memorialize the errors while demanding access to the information brought up on the prosecution’s direct examination of witnesses or introduction of evidence.

These are some of he highlights from the pre-trial hearing:

Defense counsel for Scooter Bergman has withdrawn a motion for the disqualification DA Abel Reyna.

Jurors will report on Tuesday, Jan 12 to fill out a questionnaire that is “substantially the same” as in the Carrizal trial but with one question deleted and one question added. The trial will begin on Jan 22

Judge Johnson expressed concern that social media journalists be prevented from depicting members of the jury. “They are volunteers,” he emphasized in his remarks.

Jarrett denied he told his associate prosecutor Amanda Dillon he is writing a book about the Twin Peaks cases. Discussion Abel Reyna’s alleged remark that he intends to use his Twin Peaks experience to take up residence in the Governor’s Mansion suddenly fizzled out in desultory fashion. Judge Johnson promised to have a list of the names of undercover agents present at the Twin Peaks ambush

With regard to discovery, Broden said “Obviously I don’t know what I Don’t have.” When lead prosecutor Michael Jarrett objected, the judge interjected, saying “You don’t think there were discovery problems,” and the issue suddenly evaporated.

Jarrett denied he told his associate prosecutor Amanda Dillon he is writing a book about the Twin Peaks cases. Discussion Abel Reyna’s alleged remark that he intends to use his Twin Peaks experience to take up residence in the Governor’s Mansion suddenly fizzled out in desultory fashion. Judge Johnson promised to have a list of the names of undercover agents present at the Twin Peaks ambush.

After 32 months, Judge Johnson denied a pending motion to dismiss the charge due to an “egregious violation of the speedy trial provision of the US Constitution and state constitution.”

We’re going to trial,” said Scooter Bergman. He and his wife expect to be in Waco for at least a month extricating themselves from this exended nightmare.