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Judges’ Mano A Mano Brewing In Waco Courts

Former District Judge Susan Criss on the bench at Galveston

If the search warrant is not good, then evidence gained pursuant gets suppressed. – Judge Susan Criss

Waco – To get a conviction for engaging in organized criminal activity, the DA is going to have to put in the hands of the accused the weapons specified in the indictments of the defendants arrested at Twin Peaks on May 17, 2015. 

That will be a difficult task if former District Judge Susan Criss’s challenge to the search warrants is successful. She objects to the method used by 19th Criminal District Court Judge Ralph Strother and a colleague, District Judge Gary Coley to issue the search warrants seeking DNA specimen from the defendants.

The dispute centers around a zealous attempt to match DNA found upon weapons confiscated as evidence at the scene of the mass killings with that of the accused.

The ex-Judge is holding in her defense of her client that the warrants of search to obtain tissue swabs for the purpose are invalid because the Courts did not ensure their execution in a way befitting the due process guaranteed by the U.S. and Texas Constitutions.

In this classic clash of constitutional conflict, hand to hand among the lions and lionesses of the courts, what could be more dramatic? For a courthouse resembles nothing so much in our American republic than a temple – a temple of justice – and who dares teach the law there?

The Judges, known in polite and professional parlance as the Courts, are the learned rabbis of the law. Who would argue that their instruction does anything less than guide and direct the very character of a community?

The Courts teach the law. All others who appear there in advocacy practice the law.

Selah!

Judge Susan Criss represents Rolando Reyes, a member of Los Caballeros Motorcycle Club of Killeen, a support club associated with Los Bandidos U.S.A. He is one of 177 persons arrested and 155 later indicted for engaging in organized criminal activity, activity that led to either capital murder, attempted capital murder, or aggravated assault on that fateful day.

As a District Judge in Galveston, she once presided over civil cases involving thousands of litigants and hundreds of lawyers, as well as one of the most complex murder cases in American history the dismemberment murder case that resulted in the acquittal of Robert Durst, a man she later described to a journalist as “very dangerous,” a “person (who) knew what they were doing and that it was not the first time.”

In this case, she has invoked the dreaded Michael Morton law regarding withholding exclupatory evidence that would tend to lead to a finding of the innocence of the accused.

Her motion before 19th Criminal District Ralph T. Strother alleges that all communications between the District Attorney, his staff, and the Judge and his staff are required by “the authority of Tex. Code. Crim. Proc. Ann. Art. 39.14, otherwise known as The Michael Morton Act.”

The invocation of that law led to a Georgetown District Judge’s felony conviction over his conduct as a prosecutor in State v. Michael Morton. District Judge Ken Anderson resigned his bench, lost his license to practice law, and served time for the crime for which he was accused and convicted, the failure to include in discovery the recollection of Mr. Morton’s little boy, who told an investigator with the District Attorney’s Office that a “monster with red hands” killed his mother with a two-by-four and “broke the bed,” then covered her body with an open suitcase, details only an eye witness would have known.

The monster was not his father, Michael Morton.

No one knew. Anderson did not allow it to be discovered as exculpatory evidence, something that could have led to his acquittal for the charge of murdering his wife and his subsequent sentence to serve out his life behind bars.

The Waco court system is extremely hostile to discovery of evidence. Most criminal defendants sign a “agreed order for discovery” promulgated by the Courts, and that’s as far as the matter goes. Court-appointed lawyers never even file a motion for discovery, much less a motion for a pre-indictment examining trial. Those who do are allowed to make an inspection of the materials at the DA’s offices under what is known as the “open file” policy; they are allowed to make no copies, and must rely upon their notes lest any of the material wind up in the hands of defendants or their associates.

In the Twin Peaks cases, there is an overkill of release of dicovery items on a serial basis that is preventing the defense bar from being prepared for trial due to their inability to absorb and catalogue all the myriad items spilling upon their desks at the odd moment.

In a letter to Strother, Judge Criss expands upon her complaint of ex parte communication between the Court and the DA’s staff, something which she deems “troublesome.”

One of those troublesome details is “The State took the position of refusing to sign the agreed reset form unless our client submitted to their demand and your purported order for our client to go the D.A.’s office. Much discovery is yet to be had without the added delay the processing of this DNA will add. The attorneys are already put in a precarious position of trying to preserve our clients’ rights to a Speedy Trial while ensuring we are adequately prepared by having examined all of the evidence in the discovery process.”

Issues of malpractice may arise should a counselor assert his readiness for trial and not be aware of another thousand pages of discovery material yet to be released.

Getting notice of the existence of a court order as a mention in an email from a staff member of the D.A.’s office is troublesome. If an order is issued by this Honorable Court then the lawyers and parties are entitled to have the written order or at least be told how to acquire it. If the order is verbal then it is not going to be enforceable without some verifiable record of exactly what is ordered. And then there is the whole isue of due process in the securing of an order without prior notice to the other side.

We have been put in a position of not really knowing if an order was issued by the Court, what the exact order was, what the circumstance of the order being rendered were and how to acquire any more information about the supposed order. This makes it impossible to advise our clients and render effective representation. This makes it impossible to make an effective record. Our adversary cannot serve as our intermediary with the Court. Furthermore our not being able to provide input to the Court prior to court orders being rendered causes multiple problems.”

Quite simply, she states in her letter to Judge Strother, “more than one employee” of the DA’s office told her that he, Strother, ordered her client to appear at the DA’s office on February 16, 2017 to help the prosecutors execute a search warrant signed by a judge other than yourself. To this day I do not know if that is true.

Though Judge Criss makes no objection to a judge ordering defendants on bond to make appearances in court in pereson, “I do strenuously object to ‘court’ being held in the prosecutor’s offices. I object to a status conference being parlayed into a mechanism for the Court to assist the prosecution in executing a search warrant issued by another judge.”

Had Strother signed the warrant it would still not be appropriate “for the Court to participate in any way shape or form in the execution of said warrant. Again I have only the word of the prosecutor that the Court was ordering our appearance at the D.A.’s office. And I am not at all confident that the Court rendered any such order.”

One acidic comment in Judge Criss’s letter to Judge Strother recalls the adage that most of what we know we learned before we were five years of age:

To add the indignity of having the prosecution demand we play in their sandbox to avoid further waiving our clients’s Constitutional rights is problematic on many ethical, constitutional and appellate levels.

Asked about the ramifications of her filings, Judge Criss responded, If the search warrant is not good, then evidence gained pursuant gets suppressed.

We the People may well witness law at is it being made, here, in this city, Jerusalem-on-the-Brazos.

One may read the Original DNA Search Warrant by clicking here: https://www.dropbox.com/s/xwlok2p2pp41dy9/Original%20DNA%20Search%20Warrant%20-%20Reyes.pdf?dl=0

To read the Second Search Warrant, click here: https://www.dropbox.com/s/ev602j2lirgz8lo/2nd%20DNA%20search%20warrant%20-%20Reyes.pdf?dl=0

In an open records request to the District Attorney’s Office, Judge Criss made certain to “request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the issues involved here.”

“An enlightened citizenry is indispensable for the proper functioning of a republic. Self-government is not possible unless the citizens are educated sufficiently to enable them to exercise oversight. It is therefore imperative that the nation see to it that a sustainable education be provided for in all its citizens.”
~~~Thomas Jefferson

 

Warrants Expired In Twin Peaks Biker DNA Probe?

Robert G. Callahan and Christopher L. King respond to questions

Waco – When and why Judge Ralph Strother issued the warrants used to seize DNA samples from bikers accused of engaging in organized criminal activity will be a key element in a battle to suppress evidence.

Lawyers who intend to challenge the validity of the search warrants used to obtain the samples in the Twin Peaks cases are playing their objection “close to my vest (pun intended)…”

Suppression of any evidence will hinge on the wording of the affidavits as to the purpose of the search because they may have been expired at the time officers of the court served them at a pre-trial hearing, it was learned.

According to a missive from the law firm of Callahan & King, “I’ll get you a copy of the search warrant. In short, they had expired. They’re only valid, I believe, for 3 days. 

“While this has been brought to the DA’s attention, I don’t think they understand that yet. So, I’m trying to keep that card close to my vest (pun intended) for now. I’ll use it to our advantage later.”

The Texas Code of Criminal Procedure provides for three time periods for the warrant to run under three specific purposes, as amended by recent acts of the Legislature.

According to Section 18.07 (1), the time limit is “15 whole days if the warrant is issued solely to search for and seize specimen from a specific person for DNA analysis and comparison…”

In two subsequent subdivisions, there are provisions for 10 whole days if the purpose of the warrant is to seize electronic evidence from computers, cell phones or telephone pen registers, and three days if the warrant is issued for other purposes.

In all cases, the Code requires that affidavits of probable cause must specify the person and place to be searched; the items to be searched for; and the specific complaint for which they are sought.

Warrants of search must be time stamped as to the time and date a Court issued them.

According to a previous story that appeared in these columns, lawyers involved in the litigation objected to the method by which the search warrants were obtained from 19th Criminal District Judge Ralph T. Strother. They allege it was done through ex parte communications between he and the staff of District Attorney Abel Reyna.

Hit Error By DA, Judge In Biker Trials DNA Probe

“Are you going to tell them we don’t have to prove they are innocent? Are you just going to stand there with your hands in your mouths and…” – defense lawyer in a press conference of Nov. 2015

Defense Bar in the Twin Peaks cases at an angry 2015 press conference

Waco – Fourth Amendment issues between the defense and the Judge emerged rampant an hour after the Courthouse closed on Friday.

The lawyers defending Twin Peaks cases are ready for a procedural fight. They demand that prosecutors and judges have actual search warrants before they order their clients into court for search and seizure of their body tissues.

Defense Attorneys are concerned that 19th Criminal District Court Judge Ralph T. Strother engaged in flawed communications with the DA’s office about allegedly invalid search warrants to obtain DNA from Twin Peaks defendants.

The communications between the Judge and prosecutors led to a pre-trial appearance by defendants and their attorneys resulting in a dramatic collection of tissue evidence from the accused on February 16, 2017.

Members of a law firm representing some of the defendants sent an e-mail to media outlets at 5:54 pm, an hour after quitting time, on Friday, March 24 to reveal that Assistant District Attorney Sterling Harmon responded to an open records request to reveal e-mails from Assistant Prosecutor Amanda Dillon to members of the defense bar that they claim show evidence of ex parte conversations between Judge Strother and the DA’s staff.

According to the e-mail, the material released by the DA’s office concerns “trial scheduling and scheduling defendants to appear for invalid search warrants,” especially in e-mails displayed on pages 5 and 6 of the public information response, as well as text messages at the end of Harmon’s reply.

In the e-mail, Assistant DA Amanda Dillion wrote:

Per Michael (Jarrett) and Abel (Reyna) please send the following email ASAP to the defense attorneys that have clients that need to be here this Thursday for DA collection:

Judge Ralph Strother has requested the District Attorney’s office to forward information about the upcoming Status Docket as our office have been in contact with Twin Peaks defense attorneys on a regular basis and would have th ebest means of sending out information.

Judge Strother is ordering that you and your client appear for the Status Docket on Thursday, February 16th, 2017. The client must appear and the Announcement Form must be signed and turned into the Court by 1 p.m. 

In a return e-mail of Wednesday, February 15, 2017, former District Judge Susan Criss of Galveston, who now practices criminal law from an office in Harker Heights, wrote:

I understand that your office has to give the defense bar notice of hearings you set. And we must do the same for you and your prosecutors.

I am extremely uncomfortable though with your office serving as the conduit of information from either Court. It encourages and invites redress of both your office and Courts. Litigation at this level is stressful enough for all involved without adding these concerns… 

Judge Criss prefaced her remark by writing:

Much speculation exists that this is about your office’s attempts to collect DNA. If you have a court order or warrant, then please provide. Some may object and seek redress with the Court. No harm in that for you if your warrant is good. No one’s DNA will change or disappear if we get the chance to read and think about it before Court. 

According to a text message from Ms. Dillon to a Court Coordinator, there was a great deal of confusion about the legal instrument by which this search and seizure would be accomplished.

She wrote:

Hey I think we’re going to need an order to appear from Judge Strother if we are the ones sending the email- can you get him to sign something real quick for both dates?

‘I don’t think the police are against us’-Bandidos

BANDIDOS PRESIDENT: There was no rumble over a Texas rocker

Bandidos U.S.A. President Bill Sartelle updates public in an exclusive interview with The Legendary Jim Parks and Texas Biker Radio 

Galveston – When Bill Sartelle and the board of officers of the National Chapter of Bandidos, U.S.A. take to the board room, the image is what you would expect of any national corporate entity.

There is a methodical agenda, quiet and respectful discussion, and a pause to assure the chairman that there is consensus among his officers, the sergeants at arms, secretaries, and national vice presidents – not necessarily a script, but definitely an organized approach to taking care of business.

Asked what is on his mind, and how he can best be heard in this first voluntary, requested interview with a social media outlet, Bill Sartell, President of Bandidos, U.S.A. said without equivocation, “We like to stay away from the term outlaw.”

He and one of the tallest men you’ve ever seen, a man with the road name of Dozer, who actually bumped his head on the lintel of the meeting room door as he strode into the room, agreed that outlaw is the term the government uses to describe a criminal organization, a street gang. Consequently, the media gravitates to that description in their coverage.

Where does it come from?

The media hasn’t helped much; movies are exploitive, playing up the violent image of men and women who never were, doing things that sprouted from the head of a B-grade script writer, only to be later described in criminal narratives by law men writing dubious probable cause affidavits.

If I was to change anything in the media today,” said Sartelle, I would say update your information.” Most law enforcement manuals are written for the last quarter of the previous century.

It’s not 1975 anymore.”

And then he dropped the bomb shell.

I don’t think the police are against us.” He let that sink in. “It’s the federal officers.”

State indictments refer to Bandidos chapters as “criminal street gangs;” federal charges refer to them as outlaw motorcycle organizations, outfits that engage in an ongoing racketeering enterprise.

That’s not really true, according to the board of this 501 3C non-profit corporation.

Both descriptions are far astray of the ancient legal meaning, that of a person declared out-law – that is, beyond the protection of the law, to be killed on sight by law-abiding folks, for the protection of their own lives.

Going around the table, most of the men report they are retired from outfits such as Amoco, BP, and other petroleum refining outfits.

Though they aren’t “BOI” – born on island – most are members of the local Galveston Bandidos Chapter.

The meeting room at the Doubletree Hilton grows quiet; men gaze into the mid-distance above their heads.

There are six questions agreed upon going into the interview.

  1. What are the Bandidos?
  2. Talk to me about the issue of “club territories.”
  3. There is an elephant in the room, the “new” club in town.
  4. Waco. What about the lawyer bailing out on a member scheduled to go on trial as the first defendant to face justice for the vague charge of engaging in Organized Criminal Activity?
  5. What about a rumored recent exodus of members from your club?
  6. How about membership now? Are there new trends to discuss?

The answers to those questions may be heard in Bill Sartelle’s own words by listening to the audio interview.

There are two issues to correct in previous coverage.

First, Wesley Dale Mason, 39, of Abilene, who is charged with the shotgun murder of Kinfolk MC member Dusty Childress, is neither an ex-Bandido, nor a current member of the Bandidos, he is merely inactive, according to a National Secretary. Said Bill Sartelle, “He has not participated in any club business for quite some time.

Mason pled out to assisting in the disposal of the body of a man murdered in a dispute, Carey Rod Tate, for which he received 8 years deferred adjudication and a thousand dollar fine. In return, he enjoyed dismissed charges for stabbing a member of the Cossacks Motorycycle Club outside a Logan’s Steakhouse in Abilene, part of the rumored war.

Second, an earlier announcement that all four men indicted with the 2006 murder of an Austin man in a rumored dispute over recruitment by Hells Angels is not correct.

One is still a Bandido. He is behind bars.

We still support our brothers, whether they are behind bars, or not,” said Sartelle.

And then he fixed The Legendary with a very serious expression and an intent stare from behind the lenses of his horn-rimmed glasses.

We will not support a brother who has been arrested for dealing in narcotics…That is an offense from which there is no appeal to any court.”

One makes a mental remark of his earlier words: “We are a bunch of guys who like to ride motorcycles.”

It’s a straightforward answer to a forthright question, answered in the clearest of terms.

‘Either be a lawyer, or be a bondsman – If you take a case, try the case’ – Atty

LAWYER DECRIES FURTHER DELAY IN TWIN PEAKS CASES

William S. Morian, Atorney for Bandidos U.S.A. with bad news for Twin Peaks defendants and their lawyers about the first case

Galveston – The news hit members of the the defense bar who are defending accused offenders in the Twin Peaks cases like a pealing thunderclap portending chain lightning on a hot summer night.

The first of the 152 indicted for engaging in organized criminal activity at Twin Peaks Restaurant on May 17, 2015 was to go to trial next week, but that is not to be.

Why?

The attorney who has represented the Bandido, whose defense is that he was merely defending himself when he rode his bike into the parking lot and faced a belligerent crowd of Cossacks, said he now needs to hire another attorney to work first chair in the case, an estimated expense of at least $150,000, according to Wm S. Morian, who represents Bandidos, U.S.A.

“Either be a lawyer, or a bondsman; if you take a case, try the case!” he fairly shouted at a beachside beer and wine bar called The Spot, 32nd at Seawall, Bandidos headquarters for the Galveston Rally.

Morian objects to the ethics of lawyers taking on cases for the lucrative prospect of collecting a hefty 10 percent bond fee. “They don’t have to do anything for it,” he explained. There are numerous reasons to go off the bond at any of dozens of court hearings during the long, drawn-out process of docket calls.

The Jasper attorney has guided the process of arranging an interview with Bandidos U.S.A. President Bill Sartelle for Wednesday afternoon, March 22 in this island city.

It is a first of its kind, the interview of a sitting Bandidos national president by a social media outlet. Expected topics include the difference between what an outlaw motorcycle organization member sees in the direct denotation of the word outlaw and what the Department of Justice and the Texas Department of Public Safety see when they define members of such clubs as members of “outlaw motorcycle gangs.”

“I’ve got clients who gave permission to search their vehicle because the officer saw a 1% diamond patch on the sleeve,” said Morian. When the cop found a gun, he found nothing illegal – unless the person has identifying “gang” insignia on his clothing.

Asked what happens to a judge with a Masonic ring, should the cops decide that’s a gang outlawed by the government, or an attorney for gas and oil interests if an official of law enforcement takes objection to Phi Beta Kappa keys on their watch chains, Morian merely shrugged.

Asked what implications that has for someone wearing a Star of David or a Crucifix on a necklace, he displayed an array of emotions that flowed over his features like scudding clouds over a sandy Gulf beach – from frown to smirk to smile to a troubled expression of despair.

And then he got happy again. He said, “We are going to find out!”

‘We’re Not Going Away…’

John Xavier Portillo, accused of ordering a war on the Cossacks MC

Galveston – As acting President of the Bandidos U.S.A., and Vice President of the mother club, John Portillo declared war on the Cossacks to “protect the Texas rocker,” according to the racketeering indictment he faces in federal court.

The indictment that alleges this may be read by clicking here. Bear in mind, these are allegations the government intends to prove, not a presentment of guilt.

Amid a plethora of other charges, murder to avenge the death of Javier Negrete is prominent. The government alleges that the club used fear to intimidate other patch holders from other clubs not to encroach on their territory.

That proof is far from a done deal.

The next time my readers see anything in these columns will be a report on an interview with Bandidos U.S.A. President Bill Sartelle in this city. His spokesman says he has something to say to the world, and it will be a first for a Bandidos President while occupying his office to give an interview to any form of the media, including social media.

True, Jeffrey Pike gave Ed Lavandera of CNN an interview following the Twin Peaks Massacre, but not as president. He had stepped aside in the aftermath of his arrest and indictment for racketeering.

My intention is to visit with Mr. Sartelle, learn of his expectations and what he wants to accomplish in this historic meeting, and then allow him to say what is on his mind before asking any questions.

It should be well known to one and all that “No comment” is considered a comment when the chips are down – and they’re always down when it comes to the subject at hand.

This sound byte of John Xavier Portillo speaking of a new atmosphere for “outlaw motorcycle organizations” comes from a Belgian television documentary.

Listen carefully.

Woodway Cop Accused Of Covering Up Evidence In 2012 Arson Murders

Woodway – A ranking suburban police executive allegedly disposed of child pornography his adoptive brother had stored on-line while he was incarcerated in a State Jail. That material could point to the identity of who set a blaze that killed a mother and two of her kids and provide the clues as to the motive behind the killings. 

Videos of the molestation of a Bosqueville woman’s pre-school daughter and the arsonist who allegedly torched her trailer house in a fire-bombing that cost her life and two of childrens’ on February 16, 2012 became a possible bargaining chip in a federal investigation of the alleged murder in which fire became a weapon to rub out a woman who was seeking help for her problem with pornographers who exploited her child, according to a series of text messages.

Ashley Dawn Rogers had reached out to investigators who specialize in crimes against children in the months before she met her death in a fiery explosion of her trailer house on N. 19th St., according to former Lt. Kevin Fisk of the Waco Fire Department, the city’s lone arson investigator.

Brett Crook, an assistant chief of the Woodway Department of Public Safety visited his brother David at a State Jail, where David Crook, his brother by adoption, alleged he “tried to interrogate” him.

Asked why he believes the word of a man who is at present held under a $100,000 bond at the McLennan County Jail on charges of Sexual Assault of a Child since October 31, 2016, Fisk responded to four key questions.

1. Do the videos referred to in this message allegedly depict the sexual molestation of one of Ashley Dawn Rogers’ children?

KF: Brett Crook’s brother did, on multiple occasions, describe a video depicting such an act; several times describing, in consistent detail, who and what could be seen happening to the young child.

2. Is there a reference to another video that allegedly depicts an arsonist in the act of killing she and two of her children and attempting to kill her other child by setting her dwelling afire?

KF: I was told on multiple occasions a video of the fire, causing Ashely and her childrens’ deaths, accompanied the one referenced in your first question. During such occasions, I was provided consistent details of what one could see happening; as well as specific individuals present. The details provided by Brett Crook’s brother, for the most part, appeared consistent with descriptions provided by other individuals claiming to have seen the “fire” video.

3. Do you have personal knowledge that David Crook stashed these videos on-line, and that his brother Brett Crook allegedly destroyed or otherwise disposed of them?

KF: Any knowledge on my part would be simply based on consistent verbal admissions; as well as letters sent (by David Crook) to me personally; as well as jail letters he sent to his (then) girlfriend, all of which claimed the videos were safely stored online.  

I have no personal knowledge, or evidence to “support” any allegations regarding Brett Crook destroying or disposing anything. I can only reference David repeatedly and consistently providing me verbal account of having only told his brother, Brett Crook, the location of said videos; should something happen to him, David Crook, while he was incarcerated. David, upon his release, alleged the account the videos had been stored under, had been deleted and/or shut down.

4. Why did you not pursue this knowledge in an attempt to make a criminal case? 

KF: I actively sought such video evidence; doing so right up until the day I was relieved of all investigative authority and received, in writing, threats of termination should I be found to be investigating anything or communicating with any prior informants.

David Crook wrote to his brother Assistant Chief Brett Crook of the Woodway DPS upon his release from State Jail:

Not sure what your problem is with me but I do know you lied to me…you came to see me in prison…I know who was sitting in the parking lot while you tried interrogating me…well you and Kevin Scott can kiss my fucking ass…watch any news lately…well check this out you running your mouth about me has compromised my safety big time and you are real close to crossing the line with interfering in a federal investigation…so whatever opinion you may have of me or my involvement with Kevin Fisk or the investigation into capital murder, I suggest that you keep it to yourself…as it stands you are the only one I told where the videos were being stored…soon after they disappeared…so you think real long and hard before you speak to any other agency in reference to me.”

According to Chief Crook, his brother David was a source of credible and reliable information, unless he felt abused by a law enforcement officer, at which point he fed them false information.

Said Fisk in a text message to Crook, “…I will continue to stand behind the fact that I’ve found him to be far more credible and reliable than many people currently wearing and/or hiding behind a badge…”

All of this came out in an investigation of an officer safety complaint lodged by Chief Crook against his brother. In a text message to Waco Deputy U.S. Marshal Kevin Scott and Fisk, he said, “My brother is apparently back on drugs full time. Apparently he has lost his mind.”

In his text message of March 7, 2014, Crook explained that he feared for the safety of Bellmead Police Officers should they happen to encounter his brother where he was living at the Delta Inn on I-35 while under the influence of drugs.

In another message from March 9, 2014, Crook told Fisk, “Since it has taken you 34 hours to return my calls and knowing how may brother manipulates people I have a right to be concerned. I now know for a fact that you share sensitive information directly with him over the safety of officers, and I can no longer discuss this with you. You made the decision to ignore my warnings about his credibility…I have not and will not talk about your case to anyone, but when you refuse to talk to me and share info with criminals and threaten officers’ safety, I cannot stand by…You have a paranoia about everyone he has contact with now, including me apparently…”

In support of a complaint, Chief Crook engaged in a dialogue with Fisk in which Fisk told him, “I understood David to be upset with you and you alone. I feel his anger and concern with you to be justified should his allegations be found true. Essentially I did forward your text on to David…” He added that he did not consider David Crook to be a threat to officer safety.

Crook disagreed. He concluded his complaint by writing, “Fire Marshal Fisk has created a situation that puts me, my family, and other law enforcement personnel in danger…”

Fisk’s immediate supervisor, Fire Marshal Kevin Vranich cleared him exceptionally in the complaint by saying he did not violate the penal code as charged, and that he could find no hostile intent in what he had done.

“It has been determined the allegation of misuse of official information does not meet the element of the code (PC 39.06). There is no interfering with investigation evidence that supports the complaint. As to showing poor judgement, Lt. Fisk answered questions ask of him honestly and there is no intent to harm other officers or citizens.”

Should one wish to read the redacted investigative file in its entirety, one need only click these highlighted links:

https://www.dropbox.com/s/8e2qt40gmx3xoia/1_B%20Crook%20text%20conv%203-8-14%20thru%203-9-14%20%281%29.pdf?dl=0

https://www.dropbox.com/s/4mnorljhtnjij22/2_B%20Crook%20complaint%20against%20Fisk%203-21-14%20%281%29.pdf?dl=0

https://www.dropbox.com/s/oaz2em61r2mshd8/3_B%20Crook%20UNFOUNDED%20finding%20re%20B%20Crook%20complaint%20%281%29.pdf?dl=0

https://www.dropbox.com/s/gpi5h1iiacxczsh/4%20B%20Crook_partial%20conv%20with%20FM%20Vranich%2010-6-14%20re%20B%20Crook.pdf?dl=0

Accuse Waco Cop Of Covering Up Evidence In Deadly 2012 Arson

Waco – A Waco woman named Keri Schlasman, whose sister and two of her kids died in a mysterious explosion and fire of her trailer on N. 19th St. in 2013, forced a paradigm shift in perceptions at the Waco Police Department and District Attorney’s Office by making a simple on-line statement.

The event marks a radical departure in what has been a nagging dialog of lingering agony and disruptive speculation throughout the law enforcement community.

The worm turned a little before noon on Wednesday, March 15 when the sister of Ashley Dawn Rogers commented on a four-year-old news story that appeared in “The Legendary” describing just how a dispute between the Waco cops and the Prosecutor erupted into a full-fledged feud.

Within a few minutes, news of her defiant stand had flashed between people situated in offices statewide.

Quite simply, Ms. Schlasman publicly accused a female Waco Police Detective named Sherry Kingrey of acting to cover up evidence of just who used fire as the weapon that murdered her sister and her two kids. A third child escaped the blaze that erupted on February16, 2012. She furthermore accused the lady detective of having a close personal relationship with Delvin Maddison, a member of a prison gang named the Aryan Brotherhood of Texas, who has been accused of committing the crime.

In the ensuing years, allegations of leaks from the District Attorney’s office have abounded, as well, and the resulting furor cost the Chief of Police, the Fire Chief, and the Arson Investigator their jobs.

To read the article to which Ms. Schlashman reacted, click here. http://downdirtyword.blogspot.com/2013/03/warrants-fines-led-to-car-theft-7.html

Keri Schlasman U make me sick. I bet Mrs. Kingery didn’t tell u she was running around getting computers and cell phones with evidence of who was responsible for my sister’s death. Didd she forget to mention why she was running g around getting rid of the stuff she collected? Maybe u buy that shit and why are ppl called meth heads instead of human beings? U have some nerve to post this crooked ass detective as a saint. She is a crook. And I don’t care what story u paint cause I’m bout to paint a true one. She was one of the many crooked cops that hindered my sister’s murder investigation if u want to know my opinion. And Delvin is not innocent and im bout to get an attorney and find out who I can contact over McLennan county so we can weed out all these bad cops. If u keep making me relive this nightmare over and over again I’m gonna be real stupid about it cause I’m tired of my sister death being a big joke to u sons of bitches. And ima see about this crash shit. Yall got me fucked up.

Keri Schlasman Yall wanna keep running it in my face how these killers got away with what they did and that crooked ass police bitch gets a spot light as a good cop? Hell naw. Yeah I’m bout to get real stupid.

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One day after Fire Marshal Kevin Vranich relieved him of his investigative responsibilities, the arson investigator walked into the office, only to be greeted by another fireman who said, “Why are you here? You should be out setting fires?”

Curiously, former Lieutenant Kevin Fisk, who wound up resigning in the face of a Civil Service Commission inquiry into his sanity after being accused of setting unrelated fires, acknowledged that the complaints aired by Ms. Schlasman are similar to those that have been corroborated by public officials who are in a position to know, but have shied away from voicing their convictions in public. They don’t want to lose their jobs.

Fisk was the Fire Marshal’s Officer assigned to arson investigations. He followed the case from the time of the fire until the results of his findings forced him to leave his position because he had been precluded from performing any further investigations.

He responded to Keri Schlasman’s comment in this way:

Throughout this lengthy, emotion-driven conversation, I note repetitive comments that may cause some people to question allegations publicly voiced by Mrs Schlasman.

“Having previously held the position of being the only sworn individual seeking justice for the loved ones for whom Mrs. Schlasman grieves, I have been personally approached or contacted by individuals from all walks of life having knowledge regarding the subject matter at hand. Such conversations took place with folks on both sides of the proverbial “blue line,” to notably include sworn officers, prosecutors, and elected officials.

“I personally note the overwhelming amount of collective knowledge, opinions, allegations, & experiences voiced to me over time, to support and corroborate the matters Mrs. Schlasman so bravely voiced. Bare minimum, I believe circumstances warrant this community demanding a bona fide inquiry into the matter.

“By virtue of taking a similar leap of faith and personally reporting ‘supported’ allegations of official misconduct, I’ve found myself having diminished the likelihood of ‘personally’ presenting cases for prosecution against those responsible for the murder by fire of Ashley Rogers and two of her children. That being so, it still does not relieve me of promises made to give this family no less than my very best.

“To Mrs. Schlasman, I applaud your bravery to openly voice knowledge of alleged misconduct committed by individuals afforded authority and power to ‘serve & protect’ members of this community.

“I hope and pray that your bravery will empower other individuals to come forward with supported allegations and evidence concerning this matter. I’ve been repeatedly told of oppression or fear thereof taking place, but reality dictates there is safety in numbers. If you call Mrs Schlasman’ friend,’ then do support her. If you can support or corroborate that which she alleges, then do your community and fellow citizens a favor and report it.

“A fella once told me, “If you have knowledge of wrongdoing, yet fail to report it, you’re actually guilty of helping to cover it up.”

“As my actions should by now show, that’s not how I choose to live!”

Kevin Fisk

Delvin Maddison and companions allege arson by another Aryan, Myron Schanek, AKA – Shogun

 

Witness saw shotgun slaying, Kinfolk fall

ANATOMY OF A ROADSIDE KILLING LAID BARE BY WITNESSES

Dusty Childress’ Kinfolk cut, shotgun shells litter road where a witness saw Wesley Dale Mason cut him down on Saturday March 5

Abilene – County Road 341 is a lonely thoroughfare through the red dirt country on this city’s rural northeast side. It leads to the landfill.

There, at about 9:40 am on Saturday, March 5, at least one eyewitness saw Wesley Dale Mason, 39,  a man cautiously described by newsmen as someone “with ties to the Bandidos,” alight from his pickup truck and with a 12-gauge shotgun blow Dusty Childress off his custom Harley-Davidson, according to court papers used to obtain murder charges against Mason, whose bail is set at a half-million dollars.

Seeing all this take place, the witness put his vehicle in reverse and sped away down the country road.

Lawmen found Childress with multiple wounds to his chest, torso, arms and a pinky finger, dead in a ditch where he fell near his motorcycle, his large caliber handgun flung to a spot in the undergrowth of nearby weeds by the violence of the shotgun blast.

A short time later, they found his alleged killer, bleeding from a wound to his foot, hiding in a nearby house on a neighboring private county road.

The short and intense gunfight took place just across the Jones County line, and, according to Lt. James Torres of the Sheriff’s Office, the killing was ‘biker related.”

As such, it’s part of an ongoing pattern of ultra-violent confrontations that have been going on for years in this near-West Texas Air Force and university town.

Looking at the record, one wonders just how Wesley Dale Mason has managed to stay out of the penitentiary.

He has been involved in a near deadly knife attack against a member of the Cossacks Motorcycle Club in which, according to expert medical testimony, he stabbed the man in the area of his kidney. Had the blade struck a major blood vessel, Timothy Shane Satterwhite would surely have bled out on the parking lot of the Logan’s Steakhouse where he fell on November 2, 2013.

Curiously, after an Abilene jury found the president of the Bandidos’ Abilene Chapter not guilty of cutting Satterwhite, something they could not beyond a reasonable doubt determine since they said the state put on no substantive evidence against Curtis Jackson Lewis, prosecutors dropped the charges against Mason.

Federal authorities in the Southern District of the U.S. District Court at Houston have alleged in a racketeering case that this incident, and many others, constitute a pattern of ongoing criminal enterprise, and furthermore, that it is a proximate cause of the bloody massacre at Twin Peaks Restaurant as a Confederation of Clubs and Independents convened on May 17, 2015.

Mason had made an arrangement to plead guilty to disposing of the body of yet another murder victim and testified in the jury trial of Lewis, who was charged in the attack on Satterwhite under the “law of parties,” in which being present at the scene of a serious and violent crime against a person, is evidence of guilt by association with those who committed the act itself.

Satterwhite was among the 177 arrested at the Twin Peaks debacle on May 17, 2015.

In return for his plea of guilty of supplying a dog carrier kennel and a dolly to move the body of the dead man to a secret disposal site, Mason received a term of 8 years deferred adjudication.

His arrest for the murder of Childress guarantees Mason will do as many as 20 years behind bars for that crime, due to the terms of the probation agreement, which provides that a probationer commit no further offenses, or in the alternative proceed to original sentencing for the suspended sentence.

If all that isn’t complicated enough, there is the blunt and unfolding issue of a confrontation between the Kinfolk Motorcycle Club in the Abilene area, and the leadership of Bandidos U.S. A., whom they blame for multiple ills, chief among them their ouster from the fellowship of the Fat Mexican.

In response to a purported acceptance of cops among their ranks, Juan Aguilar, Jr., commented, “We don’t take cops…and don’t let the Bandidos fool you; they kicked out people that were a threat to their leader…people who refused to be puppets and do dirty work! And the two people shot in Abilene were not both ex-Bandidos. An active Bandido killed my kinfolk brother in cold blood.”

An interlocutor named Tom Ball spoke up, saying, “Why would he do that without provocation?”

Brad Brehm volunteered, saying, “Because Kinfolk Motorcycle Club exists.”

Juan Aguilar, Jr., replied. “Because he’s a piece of shit.”

Amid the scatological badinage, older, more experienced heads are seeking to explain the carnage and vituperation, calling it an angry reaction to a “purge” of the Bandidos’ ranks by Bandidos U.S.A. President Bill Sartelle, who hinted in a press release to these columns that he had to rid his organization of certain bad actors due to their violent proclivities, actions that are keeping the Bandidos tied up in very expensive, very invasive criminal lawsuits in U.S. District Court.

“There’s not much honor in it, this calling the national club out. It’s akin to kicking a man when he’s down,” said a veteran observer of many wars amongst men who have been placed beyond the protection of the law for one reason or another.

“After all, the Bandidos are trying to walk the straight and narrow these days; they don’t need another crisis, another confrontation with guns and knives, now, do they?”

Wesley Dale Mason, 39, has walked between the raindrops for years

 

 

Out In The Styx, On Hwy Six

THE DANGER IS PAST; MUSHROOM CITY IS NO MORE…

I slept out in the open, just to let my mind run free. Last night I slept down by the ocean, beneath the boughs of an old oak tree.

I don’t even know; I don’t even know; I don’t even know if I could do the City. I don’t even know; I don’t even know; I don’t even know if I could do the City. 

There was once a place known to one and all who visited as Mushroom City, situated on a plain in a flood control district behind a military levee built by the U.S. Army Corps of Engineers, those friendly folks who brought you the Panama Canal, facilitated the two-ocean Navy, ushered in the era of PAX AMERICANA…

Which is no more. Which is no more? Which is no more…than past is prologue of the future past in tense awareness of that which is gone, now, but hardly forgotten by those who once visited.

Maybe there is some truth to the rumor that the Corps had a lot of trouble with folks fishing off the bridge. Been known to happen.

It is written, the bright young minds at the Texas Agricultural & Mechanical University at College Station, Texas, a component of the University of Texas System and an institution dedicated to the systematic military engineering of the planet to its very foundations – HAVE SOLVED THE PROBLEM of the psychoactive fungi known as Amanita Muscaria so favored by the psycheliacs of the future past so well remembered in song and fable, legend and amongst dancing fools of all who care to – DANCE!

The pastures of the Addicks-Barker Flood Control District were once strewn by the magic mushrooms as soon as sunlight struck the cow patties and the hip devotees could pick them.

Through an adroit management on an atomic level, the research biologists of the agricultural university just up the Styx Six bridal path of the iron monsters have solved the problem by altering the very structure of the organism to eliminate the psychoactive ingredient itself.

One may go to town on what one may choose, but the exercise is that of futility, for the only thing to be obtained is a taste of a once  wild mushroom that grows in fresh cowshit after rains and does nothing for the head whatsoever.

And then I realized the one singing about sleeping down by the ocean – beneath the boughs of an old oak tree – was me. It wasn’t a dream, after all. I had been there, all night long, all along. Selah!

So mote it be.

The Legendary

THE ENERGY CORRIDOR – ON THE STYX, HWY SIX (CLICK IMAGE)