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Carrizal Twin Peaks Case: Forecast For Week Two

Jake Carrizal – former Vice President of Dallas Bandidos

Waco – Prosecutors for the State will begin to roll out their case against Jake Carrizal today. They intend to prove that as a leader of a criminal organization, he led fellow members into battle where using firearms, whips, chains, retractable steel batons and an “object unknown to the Grand Jury,” they caused the capital murder of 9 men, the aggravated assault of 20, and the arrests of 177.

The monumental melee occurred just minutes prior to a political meeting scheduled to take place during the noon hour of a Sunday in May, 2015.

Monday’s court action was a long day of the mechanical minutiae required to preserve a legal chain of custody of evidence and place into evidence a large number of cell phones seized in the aftermath of the violent Twin Peaks debacle.

The State’s goal is to try to determine through evidence and testimony the facts of just how the defendant Jake Carrizal allegedly directed the activities of a criminal street gang, as evinced by the even more dull and plodding testimony of two motorcycle gang experts certified in detection and reporting of gun crimes by the U.S. Bureau of Alcohol,Tobacco, Firearms and Explosives.

There have been huge delays in the proceedings caused by extended arguments between the defense and the prosecution over the discovery of evidence and exculpatory evidence which defense counsel insists has not been produced, and the prosecutors are adamant has been furnished simultaneously to production for all other defendants. As five days of trial proceeded last week beginning on Monday, October 9, numerous examples of the defense allegations of non-compliance with discovery orders surfaced.

The second week beginning on Monday, October 16, yielded testimony by two phone evidence technicians of the Waco Police Department who had not been placed on the list of witnesses expected to appear on behalf of the prosecution. As the adjustment was hastily made, the case proceeded.

Going into Tuesday, the gallery may expect to see some of the evidence against the accused.

It is a matter of some mystery what evidence will be gleaned from the phones of two key players in the first of the Twin Peaks cases – State v. Jake Carrizal, Bandido.

The other phone belongs to Marshall Mitchell, president of the Nomads chapter of Bandidos, U.S.A.

A motorcycle gang expert trained and certified by the ATF, Doug Pearson, testified that Carrizal’s texts “showed no fear” going into a monumental fight with Cossacks hell bent on wearing the Texas bottom rocker on their cuts, a privilege Pearson, who spent two full days testifying, alleged Mitchell withdrew that permission in text messages found on his phone following considerable violence between the Bandidos and Cossacks over a period of troubles in various spots dotting the Texas map subsequent to a written agreement to coexist in the same territory, Texas, as designated by the bottom rockers in their colors.

According to Pearson’s testimony, Carrizal  in text messages told Bandits under the command of his chapter to “bring tools,” and to not travel alone, trust strangers, or tolerate any disrespect.

He testified that the instruction to bring tools is code for an order to bring guns intended to be used in an armed confrontation with members of the Cossacks Motorcycle Club.

Pearson and Special Agent Darrin Kozlowski of the ATF spent the previous week and much of Monday morning in testimony intended to prove the allegation that the Bandidos Motorcycle Club is a criminal organization, an outlaw motorcycle club.

These remarks and others are considered evidence to be used against Carrizal in an indictment for supervision of a criminal street gang, a first class felony that carries the potential penalty of not less than 30 years or more than 99 if convicted. He is also charged like everyone else arrested on May 17, 2015, with engaging in organized crime, an offense with a similar penalty differing only in the minimum amount of sentence, that of 25 years.

To be sure, it was the testimony of Officer Pearson that the Bandidos and Cossacks are equally culpable for the violent confrontation. However, there is considerable evidence expected from the defense that will attempt to prove that the Bandidos were ambushed in a police action arranged by undercover officers in collusion with members of the Cossacks. As the violence erupted, there is video evidence that the actors were then cut down by sniper fire from police assault rifles wielded by three members of the Waco police force.

Nevertheless, there is an allegation by the defense that ballistics tests show a wound from one unidentified rifle taken from the body of a biker shot in the armed fracas.

Carrizal has applied for a suspended sentence in lieu of community supervision, according to court papers filed pre-trial. According to a motion,, jurors will be asked to assess the punishment if he is convicted of any of an array of charges the Court may instruct jurors to find under clearly specified circumstances.

So mote it be.

  • The Legendary

The Double Cross At Six Shooter Junction

Jerusalem-On-The-Brazos – There is an anecdote about Pablo Picasso, the abstractionist innovator, enduring a visit from the Gestapo in his Paris studio.

In a wastepaper basket, there was a sketch for what wound up as the tapestry “Guernica” depicting in cubist projection the carpet bombing of that medieval city by German and Italian planes. It hangs in a spaciously heroic gallery of the United Nations in New York.

In fact, it was covered by screens during a famous press conference held by then Secretary of State General Colin Powell, an event filled with falsehoods about the weapons of mass disappearance the blue helmet inspectors couldn’t find in the Iranian wastes. Shortly thereafter, the West Point graduate inculcated with the concept of “duty, honor, country” resigned his post.

The Gestapo officer, a ferret to the core, is said to have abruptly demanded to know, “Who did that?” as he pointed to the sketch.

Picasso replied, “You.”

Jury watching is an art of court reporting. The eyes are the windows of the soul, and in the 54th Criminal District Courtroom, the best seat in the house directly opposes the seated jurors across the well of the court.

He shall of needs remain nameless, but there is a man seated on the front row of the jury box who bears a striking resemblance to a younger Pablo Picasso.

During testimony from the two BATFE witnesses who dominated the trial of Bandido Jake Carrizal, he has steadily maintained an even strain, sometimes placing his chin in the splayed fingers of his right hand as if he is holding his head like a lamp he uses to illuminate that which he seeks. When the witnesses have strayed from their previously ordered role as witnesses of expertise, their remarks to be limited to their personal opinions based on their experience, our Picasso look-alike abruptly rotates his very large, very black eyes abruptly to his left, beaming them straight at the witness slumped in the stand.

It is at these moments that one gets the sense that not only is our juror a keen observer of reality, but one who is very aware he is living inside the borders of an occupied nation, the former republic of Texas of the United States of America. He is here under the dictate of a couple of political agents who are laying the outlines of a show trial designed to isolate and demonize men and women who live a certain – well, lifestyle. Their opinions seek to condemn and objectify their clothing, items of personal adornment, their associates and their beliefs as they appear as acronyms on embroidered patches.

A tiny inflection of a half smile insinuates itself across his broad and suddenly protruding lips, vanishing as if forever; then he swivels his eyes back, front and center, still holding his head by the chin, as an appliance of perception, any time the witness strays from his agreed path as an expert, offering an opinion based on personal experience.

It was at just such a moment when Judge Matt Johnson seemed to reach a moment of clarity in the low blood sugar just minutes before lunch on Friday.

Picasso suddenly homed in on the witness, cut camera left, when Officer Doug Pearson of Aurora, Colorado said that there is evidence on Bandido Marshall Mitchell’s phone that indicates the Bandidos planned an armed raid on the Cossacks at Twin Peaks at noon on Sunday, May 17, 2015, in the parking lot of that restaurant where they had gathered for a political meeting of the Confederation of Clubs and Independents.

When defense counsel Casie Gotro spoke sharply, saying “Why don’t I know that?” Picasso swiveled his eyes back front and center, calmly folded his hands, and put his head back  on its pedestal. He resumed his solemn game face expression of neutrality and sat through the resulting brouhaha of recrimination with a neutral affect.

Johnson’s fair complexion turned as red as a tomato from the top of his scalp to his hands and fingers thrusting out of the cuffs of his well tailored suit coat.

He fairly shouted, “I thought I signed an order for the Waco Police to make all that evidence available to you!”

Indeed, he had. We all watched him sign the order earlier in the week. We also sat through his numerous rulings against defense objections that the witnesses in their political show testimony had exceeded the motion in limine intended to confine their expert testimony to their opinion based on personal experience and not of factual recollections or observation regarding the instant case.

The expert slipped, made a stutter step; he testified about something of which he has personal knowledge.

Say what?

DA Abel Reyna tried to recover, saying the defense has had simultaneous discovery. Lead Prosecutor Michael Jarrett made a valiant effort to chime in, but the judge was having none of it.

You might say he had a moment of clarity. The cops are sore about the DA and his staff, namely Michael Jarrett and Mark Parker, who drafted the infamous 177 identical affidavits of warrantless arrest no cop on the scene would sign, but which Manuel Chavez, summoned from a remote location while working on another case, did sign – when he had no personal knowledge of the vague and non-particularized allegations contained therein.

Quite simply, the DA took their case away from them; he called a halt to their meticulous investigation of capital murder and aggravated assault, stole their thunder, snatched it all away and took over as the self-appointed Chief of Police.

Ouch! Mama, get the red ass salve. We will need a batch of it.

Quite simply, the local gendarmes aren’t having it. They won’t cut loose of the evidence they have been ordered to produce, and that’s the issue that gets so long and loudly argued behind the closed door of the judge’s chambers – now in its second run following the recusal of Judge Ralph T. Strother of the 19th Criminal District Court.

Same song, second verse, except now, when it’s time to put up or shut up, call a complaining witness and get the show on the road, the man who signed the arrest affidavit and narrative is on vacation, somewhere in the far-flung and watery province of French Polynesia. One can only hope that the unquiet soul of Captain Bligh is threatening a hundred lashes for abandoning his post at the Six Shooter Courthouse.

Both men will face a Dallas District Judge to answer for their proven falsehoods as soon as a Special Prosecutor is appointed and the bench schedules the hearing that could result in their arrests for either aggravated perjury or perjury – that is, lying under oath.

The floggings will continue at 9 am on Monday, when jurors will take their seats and we the people will sit by, listening carefully.

Meanwhile, back at the ranch, tune in to Texas Biker Radio at 8:30 pm tonight, Sunday, October 15 for a rag chew about all this. We are a quartet, ready to rock and harmonize about this epic as a chorus – Butch “Popeye” Moss, Mel “OG” Robins, Jim the Legendary Parks, and Blake Taylor a young gun with a mission to describe the truth when he sees it – that is, when it’s not out to lunch for the weekend.

So mote it be.

  • The Legendary

Pablo Picasso’s “Guernica” (click image for full size) 

 

 

Trial By Profiling Halted

 

Publicity still of Ofcr Doug Pearson, ATF certified gang expert

Waco – After five days at trial, it’s clear that the State’s case in the first Twin Peaks trial, that of Bandido Jake Carrizal for engaging in organized crime and directing the activities of a criminal street gang – is nothing more than an elaborate scheme and courtroom drama in motorcycle profiling.

I sat in court all week, Mon-Fri. So far, all we’ve heard is an eye witness named Letty Jones, a former cook at Twin Peaks who now suffers from PTSD after hiding in the walk-in cooler during the gunfight. She didn’t see anything other than a dead man on a stretcher who, when she saw his arm fall limp, appeared dead.

Two other witnesses – cop “experts” – ATF Agent Darrin Kozlowski and Aurora, Colorado Police Department Officer Doug Pearson, have only opinions about other people and other events that happened long ago, and no facts whatsoever about what happened at Twin Peaks on May 17, 2015, have delivered monotonous, dull, plodding testimony as to their expertise as motorcycle gang investigators. It’s a trial by profiling, not by strict proof of the allegations.

On the fifth day of trial, Friday the 13th, Carrizal’s defense counsel Casie Gotro was attempting to determine Officer Pearson’s knowledge of “profiling” bikers when Lead ProsecutorJarrett objected. He told the judge, “It’s not about profiling.” Casie Gotro fixed the judge with steely eyes, and said, “Your honor, it’s absolutely about profiling.”

Pearson is a city police officer from the Aurora gang unit, certified to work ATF gun crime cases. His testimonial style is like former CIA Executive Director Bill Casey; during the Congressional hearings into the Iran-Contra scandal. He mumbles, makes the mic pop, sneeze, and it’s very difficult to understand what he’s saying, even when you’re only within a few feet of where he’s sitting and he is speaking into the finest quality condenser mic and amplification system available.

He further revealed in an answer to a defense counsel question that he is receiving compensation for his time from his regular pay as a city police officer from Aurora, Colorado, who is certified by the BATFE to investigate gun crime. The only other compensation he is receiving is official government travel compensation, which indicates his is a joint federal-state investigation.

Koszlowski is an ATF agent of 30 years experience who has infiltrated the Mongols, Warlocks and Vagos. He bragged that his experience included being subjected to corporate style background checks by private investigators, polygraph exams, and a strict process of probationary and prospecting status in one case of which he was appointed Sergeant-at-Arms of the chapter of the 1% club in which he was flying a rag. He admitted that he had indeed been involved in beatings of recalcitrant members and gang fights with rival clubs.

He told the jury that he has been involved in the “handling” of bikers who are in the witness protection program, both in debriefing them, and in sending them on missions. There are published reports in the crime blog press that allow his involvement in murderous gang fights very much resembling the Twin Peaks operation, as well as the placement of embezzlers in businesses and organizations targeted by the Government for investigations.

When asked if he’d ever committed any illegal acts at the behest of club leaders, he quickly said he had not. It occurs to me that we are witnessing a show trial in which government-trained experts are able to engage in what Orwell described as doublethink and Islamic operatives see as their duty to Allah to lie to the infidels and believe the lie while they’re telling it.

Kozlowski and two other gang experts continue to sit in the courtroom despite defense counsel’s invocation of the witness exclusionary rule. State prosecutors successfully argued for an exemption from the rule because their testimony is to consist of opinion based upon experience only.

The court drama came to a quick and abortive conclusion on Friday about lunch time when Pearson mentioned a phone text message from Bandido Marshall Mitchell in which he allegedly described his withdrawal of the privilege previously extended to Cossacks Motorcycle Club members to wear the Texas bottom rocker on their cuts.

At that point, Ms. Gotro informed the Court that it is not anything that she has been able to obtain from her discovery items the Judge ordered the Waco police to release.

Angry, his face reddened, Judge Matt Johnson said, “Well, now, I signed an order for the Waco police to turn over those records!” She explained that due to time constraints and strict security protocol imposed by the evidence techs at the department, she has been unable to get access to the material.

In some cases, she has been ushered into a computer room, given a CD of the material, and a comptuer with no speakers. In others, she has been shooed out of the area and sent to the lobby whenever there is no one available to surveil her whilst in her labors.

He abruptly recessed the jurors, and then terminated a hearing about the matter, telling everyone to return on Monday, October 16, at 9 am.

Special Agent Darrin Kozlowski, BATFE, who testified on Wednesday

Twin Peaks Duo On Track For Perjury Arrest Writ

F. Clinton Broden, the attorney for ex-Scimitar Matt Clendennen

Dallas – Elected McLennan County Criminal District Attorney Abel Reyna and Waco Police Detective Manuel Chavez are a step closer to an arrest warrant for perjury or aggravated perjury for their part in the Twin Peaks arrests of 177 persons that resulted in 155 indictments for engaging in organized criminal activity on May 17, 2015.

District Judge David Peeples will appoint a special prosecutor to conduct a Court of Inquiry into the matter.

A Dallas District Court found probable cause to go forward with the inquiry when an attorney representing Matthew Clendennen filed an affidavit alleging falsehood on the part of both officials – Chavez for signing an affidavit of warrantless arrest alleging facts of which he had no personal knowledge, and Reyna for false testimony at a hearing for his disqualification in which he asserted he had urged Chavez to assure himself of all the facts.

Chavez would have found that difficult had he done it because he was not involved in the investigation and had no personal knowledge of the allegations in the affidavit, which was prepared by Reyna’s staff, not the police.

But he admitted from the witness stand that he made no such effort; he simply signed the 177 affidavits as requested after all other detectives involved had refused to do so, according to testimony.

If Judge Peeples holds the two officials have committed the crime of perjury, he will issue an arrest warrant. The future of the charges against 177 persons arrested for the offense would then be in limbo.

Again, Messrs. Reyna and Chavez are presumed to be innocent unless found guilty of perjury by a jury of their peers,” said F. Clinton Broden, who represents Clendennen, a former member of the Scimitars, a support club of the Cossacks Motorcycle Club involved in a deadly rumble with Bandidos at the Waco restaurant just minutes prior to a joint scheduled Confederation of Clubs and Independents meeting for Regions One and Two of the interclub body representing the DFW and Austin and Central Texas areas.

False Charges, Official Lies Spell Doom Of Faulty Twin Peaks Indictments

F. Clinton Broden, Dallas defense lawyer, is mounting a challenge to a massive set of murder charges based on the falsehoods of provocateurs

WACO – The Twin Peaks prosecution has a future and it’s in Dallas.

When it comes to trials, the first Twin Peaks prosecution is as bad as it gets. A man sits at the defense table accused of a conspiracy that resulted in the capital murder of 9 men and the aggravated assault of another 20, and yet the prosecution continues to plod through the day questioning complaining witnesses who were not there, have no personal knowledge of the carnage, and can only offer their opinions based on experience with other motorcycle clubs – chartered organizations they call gangs. They are paid expert witnesses who do not have to leave the courtroom under the witness exclusionary rule because of a ruling by the judge to nullify a previously granted motion to invoke the rule by the defense. Tsk tsk.

Somewhere, it is carved in stone: EQUAL JUSTICE UNDER THE LAW

There is a future, and it’s named disqualification of the prosecutors who became complaining, “necessary” witnesses when they took over a police investigation and dictated the charging instrument, an affidavit of warrantless arrest identical in every aspect other than a blank space to fill in the name of the accused whose unspecified conduct resulted in the capital murders and/or aggravated assaults of unnamed individuals.

In a disqualification hearing held in August’s Dog Days, the officer who signed that document 177 times, yet had no personal knowledge of the events alleged, told the Court he had no contact with DA Abel Reyna after Reyna testified that he had instructed him to familiarize himself with all aspects of the investigation.

Personal knowledge of the alleged criminal acts so described is a cornerstone of any affidavit of fact in support of a warrant of arrest or search.

That testimony, so ably proven false by adroit questioning of the witness on the record was a falsehood about a falsehood, the fruit of the poisoned tree. The charging instrument drafted for an officer to sign by prosecutors acting improperly as investigators was essentially false, and Detective Manuel Chavez admitted that in his testimony.

A District Judge in Dallas made a finding of probable cause based on the Affidavit of Fact filed by attorney F. Clinton Broden. She requested the Administrative Judge for Dallas County schedule a hearing before a neutral District Judge who will either order the suppression of the complaint and thereby quash the indictments as what is known as “the fruit of the poisoned tree.”

For three days, Broden, who is an honors graduate of a top drawer law school, has patiently taken down detailed notes about the testimony he is hearing on a laptop in preparation for his effort at Dallas. He is joined by some of the top legal talent to represent motorcycle enthusiasts under indictment. They are Bill Morian, the attorney for Bandidos U.S.A., the mother club designated on the record by the State of Texas a criminal organization , and Millie Thompson, who represents Paul Landers, a member of Escondidos and an Austin produce merchant. At the defense table, Casie Gotro constantly challenges the line of questioning by objections as to its propriety, forcing a steady parade from the well of the courtroom to the Judge’s chambers while the jurors wait, or are sent to the confines of the jury room for further on-the-record arguments out of their presence.

When the future of the Twin Peaks criminal litigation arrives, it will be swift. The record is clear for the judge to see. This massively expensive experiment in the totalitarian tactics of a state that would arrange a gang fight, then ambush the participants so encouraged by undercover official authority to ambush their perceived enemies, the Bandidos of Dallas, as they arrived in a massively crowded parking lot on Harley Davidson motorcycles that weigh six hundred pounds, will be over before it ever got off the ground.

The Tsar and his Cheka were never so effective, with or without the help of the Cossacks.

The remaining question posed by learned counsel all abuzz all over the McLennan County Courthouse is this. Why is this farce of a trial even underway? The legality of the prosecution is under challenge in a bona fide court, the complaint duly magistrated by an affidavit that is not a falsehood. That should stop the music.

The aftermath of this ridiculous cake walk should be equally massive civil rights litigations and hefty judgments for the plaintiffs obtained in federal court. Behold, the true nature of law and order. 

I am sincere.

So mote it be.

– The Legendary Jim Parks

Questions For The Venire

Seasoned bailiff guarding blacked out windows of 54th District Court in order to protect the identity of jurors in Bandidos murder case

Waco – American criminal defendants have vast advantages most don’t know of, much less understand.

For instance, those who elect to be judge by a jury have a right to help in the selection of the veniremen, “good and true” who will judge their guilt, or innocence, and the further election to have them either assess their punishment, or the judge.

It really matters.

An attorney – learned counsel – may propose questions to be asked during examination of the venire by “voir dire,” Latin for speak the truth.

These are the questions the prosecution, defense and Judge Matt Johnson of the 54th Criminal District Court settled upon in the examination of the attitudes, beliefs, opinions and faith of the people who were eventually empaneled to judge Christopher Jacob Carrizal as to whether he is guilty or innocent of three capital crimes, and what his punishment should be.

They will choose whether he spends 99 years behind bars, the minimum of 25, or is granted a suspended sentence and community supervision on probation if convicted. His Counsel has made a motion for that.

One may read the questions by clicking on this hyperlink.

 

Waco, State v. Defense

I DON’T TAKE OATHS. MY YES MEANS YES, MY NO MEANS NO, AND JESUS SAID ANYTHING MORE IS IN EXCESS – a venireman’s response to a question from the prosecutor in the capital murder case by directing the activities of a criminal street gang against Bandido Jake Carrizal

Waco – A ripple of laughter coursed through the massive auxiliary courtroom when Juror #88 answered lead prosecutor Michael Jarrett’s question by saying, “I’m going to give a complicated answer.”

A middle-aged man with an earnest delivery, he said in answer to the three part multiple choice, “I’d like to say rehabilitation is the most important element of punishment, but I don’t think our penal system is set up to rehabilitate, and I don’t think deterrence works, so I’ll say punishment,” (is the most important).

When the next man was asked, he said, “Punishment” with a firm tone, and the mood was broken. The venire returned to it former solemn demeanor.

Jarrett then turned to an instruction that included the use of common sense as the most important tool a juror has in his box.

“If certain things are proven,” probation can be a solution to a jury’s solution. “Whatever decision the jury makes is final. The judge can’t change your decision for you.”

And then he pointed out that the counts for which the defendant, Bandido Jake Carrizal is indicted carry a minimum punishment of not less than 25 years on one count and 30 years on another.

The maximum sentence a jury can assess probation as probation is 10 years, he explained.

It began to sink in just how serious the task will be.

He asked Juror #15 if she can assess a punishment of probation. A former probation officer with 17 years experience, she said she “just can’t see how probation would be appropriate.” That alternative would be like using a screwdriver to get a job done, he said.

Jake Carrizal sat by with a grim expression on his face.

No one indicated they would object to a life sentence if the evidence indicated it was the appropriate tool to use, something Jarrett called the “sledgehammer.”

No one in the venire of about 150 persons said they have been charged or convicted of any offense more serious than a traffic ticket, nor any member of their family.

Then he turned to the affirmative defense of self defense.

A defendant is allowed to use force against an immediate threat of unlawful force.

At that point, defense attorney Casie Gotro bounded to her feet, saying “I object to a misstatement of the law.” The judge overruled her.

Jarrett explained that in a jury instruction, the legally mandated language is that jurors must find a “scintilla” of evidence – that is, a particle the size of a kernel of seed corn – that a defendant experienced an attack of violence, and then the state must prove there was none.

But there are degrees and shades of that stipulation.

Words are not enough to sustain a claim of self defense. You can’t use violence yourself, and then claim self defense; you can’t provoke the force and then claim self defense; you can’t provoke the force and then pull out a gun and shoot him.

And then he played the card specified in the indictment.

“A member of a criminal street gang cannot bring a gun to a discussion and then claim self defense.”

When Casie Gotro objected to that as a misstatement of the law, the judge again overruled her.

One may only surmise that the state intends to show evidence that Carrizal used a gun at some point in the deadly episode the mainstream media insists on calling a “melee.”

A man volunteered that one of his friends was shot, and he can’t be objective in such a case.

About a dozen people held up their numbered juror card and many of them requested a private consultation as to their reasons as to why they cannot be objective in their considerations.

A priest had indicated he could not sit in judgment on another person. Two persons joined him, one of them saying “I don’t take oaths. My yes means yes, my no means no, and Jesus said anything more is in excess.” The judge explained that he could “affirm” his promise and do just fine, legally. A woman of foreign extraction said in broken English that she would “prefer not” to take any oath, and the prosecutor said, “That is no legal reason to not be considered for jury duty.”

Following a break, the defense questioned the veniremen.

We will bring you an account of that later in a video presentation.

  • The Legendary

 

Big D Judge Green Lights Perjury Quiz Against DA

Dallas – Waco DA Abel Reyna and Police Detective Manuel Chavez will face a Dallas trial judge in a Court of Inquiry to learn if they committed perjury or aggravated perjury in an August hearing involving 177 arrest affidavits following an ill-fated police raid that led to 9 deaths, 20 wounded at a political meeting of bikers that never got off the ground at Twin Peaks Restaurant.

Dallas District Judge Teresa Hawthorne requested the Administrative Judge of the First Judicial Region to appoint a District Judge to conduct the inquiry, “Having found probable cause to believe than an offense has been committed…”

The complaint filed by Dallas lawyer F. Clinton Broden stems from a disqualification hearing in 54th Criminal District Court during which Reyna testified that he held extensive conversation with Chavez about the probable cause affidavits in which the officer later testified he had no personal knowledge after Broden called him back to the witness stand.

At the time, Broden, who represents a Hewitt landscaping contractor named Matthew Clendennen, called Reyna a liar in print and in court papers. Waco police arrested Clendennen because he was wearing a patch of the Scimitars Motorcycle Club, an affiliate of the Cossacks Motorcycle Club.

His complaints fell on deaf ears until he sought the finding of a District Judge in Dallas.

During the August hearing, Broden established the fact that numerous Waco police officers refused to sign the identical arrest affidavits alleging probable cause of an engagement in organized political activity.

Former Chief of Police Brent Stroman testified that he was out of town when Reyna assured him by phone he could make cases against all members of motorcycle clubs wearing patches to signify their affiliations.

He gave him the go ahead in the phone call, but the Assistant Chief of Police and other officials present refused to sign off on the affidavits. Reyna had them summon another detective.

When Chavez arrived, he had been working in another part of town on another case. He testified that he agreed to sign the affidavits, as requested.

Reyna then testified he had urged him to assure himself he could personally vouch for his knowledge of the allegations that led to charges of capital murder and/or aggravated assault as a result of their attendance at the meeting wearing “colors” signifying their membership in motorcycle clubs.

Because of the witness exclusionary rule, Chavez had no knowledge of Reyna’s testimony. He told Broden in a second appearance on the witness stand that he had no personal contact with Reyna on Sunday, May 17, 2015, before he signed the affidavits prepared for Reyna by a member of his staff.

In the disqualification hearing, Broden complained the act of taking over the investigation made Reyna and other members of the prosecution staff “necessary witnesses” in the complaint.

The Texas Code of Criminal Procedure does not allow a person to both prosecute and conduct an investigation as a necessary witness in a criminal complaint.

Judge Matt Johnson overruled his motion. When Broden appealed to the 10th District Court of Appeals at Waco, they reversed the ruling, and after Reyna appealed that judgment to the Court of Criminal Appeals at Austin, the case was shelved by the high court’s opinion.

Jury Security Straight, Narrow, Questions Bite

CIRCUITOUS ROUTE TO JURY ROOM AND COURT SHROUDED IN BARRIERS, FENCES AND TRAFFIC CONES, TENTS AND CAMERAS

SIX SHOOTER JUNCTION – Two sniper teams of three each provide triangulated fire zones at two choke points where jurors may likely face danger, coming and going from parking and transport.

As many as 38 undercover police officers watched carefully in and outside the buildings as veniremen arrived to fill out juror questionnaires for the Bandido organized crime capital murder conspiracy trial of Jake Carrizal, former President of the Dallas Chapter of the venerable motorcycle club.

Ear dongles dangled down coat collars of certain key men gathered outside the employee entrance to the District Attorney’s Office; others sported less conspicuous garb, but all were showing bulges where large handguns perched in quick draw concealment holsters.

The windows of the swinging doors to the auxiliary courtroom are fitted with blackout curtains so no one may see in or out.

An intricate series of barriers and temporary fencing create a corral of segregated parking areas on the square block of tarmac across the street between Washington and Austin Avenues, and there is no direct route from the University Park and Fourth Street exits on I-35. There is no direct access to barricaded Franklin Avenue, no straight shot from limited access to the downtown civic plaza and courthouse square areas.

Single axle trailer with flashing speed indicator hides a traffic camera

The McLennan County Courthouse is locked down tight with a moat bounded by the Brazos downhill, one-way Fourth Street east bound, and the narrow streets connecting to railroad tracks and a slow-going checkerboard of east Waco grids cut by diagonal cross streets.

To top things off, the Washington Avenue access curbside area is barricaded and a small trailer with a  camera masquerading as a vehicle speed indicator records every car or truck that approaches the hot zone at the corner of Sixth Street, where jurors will arrive and depart.

Sheriff Parnell McNamara is ready for combat. No joke.

No one need ever see a juror’s face as they arrive or depart in vans 

WHAT KIND OF PEOPLE SERVE ON MURDER TRIAL JURIES?

The answer to that question is simple enough. Those who want to do so, and have passed the close scrutiny of prosecutors and defense counsel during intense questioning about their history, attitudes, knowledge of the community about which they will hear testimony.

The Jury Questionnaire is detailed; its items carry a bite as distinct as that of any heat seeking predator. You can run, but you can’t hide.

Some questions were re-worded by the suggestion of Judge Matt Johnson, who corrected the questionnaire based on the agreement of the state and defense. One such item is, “What do you think about the biker lifestyle?”

Others are more routine, such as “Are you familiar with the Bandits, the Bandidos Motorcycle Club?” Inevitably, there was the question, “Have you ever been arrested and charged with a crime?” The veniremen are required to list the events by date and offense, when and where.

The lawyers will question the jurors about their responses to these questions, questions which they agreed upon during long wrangles in camera in the Court’s chambers, out of the gaze and earshot of the public, in open court beginning Tuesday morning.

They are looking for persons who can serve as fair and impartial finders of fact, people who will not be swayed by a bias against certain types of individuals with exotic enthusiasms, or the rigid authority of law enforcement officials’ judgment over a vague charge, that of engaging in organized criminal activity or directing the activities of an organized criminal street gang.

To pass such a test, one would have to really want to sit in judgment of whether Jake Carrizal left his home in the DFW area, traveled to Waco with companions, and with intent to cause murder in collusion with a combination of two or more persons and/or aggravated assault is guilty due to his role as a supervisor of his associates’ actions.

On the other hand, the alleged offenders maintain their claim. They were in this city on May 17, 2015, to hear an update of the progress of various proposed laws, one of which was the spending of a $17 million motorcycle safety fund extracted from licensed motorcyclists at the rate of $5 each time they renew their license. They also wanted to hear about a motorcycle profiling bill that would preclude law enforcement officers from targeting riders just because they are members of clubs.

The meeting was organized by the Confederation of Clubs and Independents, a nationwide coalition of motorcycle enthusiasts who track such proposals in their state legislatures.

As Clarence Darrow once wrote in a popular magazine piece, you can indict a ham sandwich, but the resulting jury trial is won or lost before the first witness appears or the prosecutor opens his mouth to tell the reasons why an individual is guilty of a crime.

The decision was made in voir dire examination, which is Latin for the phrase, speak the truth.

 

Death Magic, Snuff Flicks

Ritual death magic in a culture of snuff flicks depicted to condition…

The place, New Orleans; the subject, the annual Lee Harvey Oswald Conference; the interview subject, the son of a CIA officer – the conclusion: America has moved on, to the Far East, where it’s easier to rule through fear and intimidation in a despotic system where money, credit and currency are controlled by edict.

Behold, a five-minute primer in the culture of death. Listen carefully.

So mote it be.

  • The Legendary