At The Last Picture Show

The Rendezvous – Second Balcony at the Last Picture Show

Here come my king all dressed in red. Betcha fi’ dollar he kill you dead. Iko Iko all day…Talkin’ bout hey, now, hey now, Iko Iko all day… – “Iko Iko”

CORNERSTONE CORNERS, TX – Seńor Demoniac and Miss Classified checked in from their secret rendevous, just in time to reveal that which is not to be known.

Those who know no no know.

Now it can be told.

THERE IS A PLACE in the thicket – the BIG THICKET – a hooch where an OG lives with a very friendly old bulldog and a Mrs. Grey Bob Cat who will mock bite your hand to say, “If you were a kitty, I’d spend some quality time with you, dude.” She runs with the wolves. Curls up at your feet, purrs at the night, yawns, stretches, rolls over like a kitten, starts, jumps – scampers away in a huff and turns to look back.

The old timer rode a shovel head, and he has something to teach.

“Back then, they wanted to know if you were, or you weren’t.”

IS YOU IS, OR IS YOU AIN’T

BEFORE he prospected; when he was hang-around, they made him believe.

“They made me think I’d actually seen a murder.”

They had their reasons.

“No cop would ever put up with that. They know that.”

OUT BAD – NON ASSOCIATION

There is a line of logic, a reasoning that is impeccable. It’s like this.

“The only time you should ever look down on your brother is when you’re leaning over to pick him up.”

And when the time came, when things were way too hot, his best friend came to say, “I’ve got to have your patch.”

How did he get it? The patch.

It was over Christmas, and he hadn’t had a Christmas in a long time. So he took his brother to his house, and his mom and dad and his family made him welcome. They gave him a present.

“He hadn’t had a present in he couldn’t remember when.”

So, he patched him in.

All these years later – more than thirty – he gets it.

“He did it out of brotherhood, out of love. He did it to protect me. The reason I’m alive is I keep my mouth shut. I live alone. I did what I had to do to earn it…These guys today, I don’t quite get it. I just don’t understand…”

There were cops out there that day, wearing patches. Unthinkable!

Ritual trauma. Warrior society.

THAT WAS NO MURDER. The Grand Jury said so. That was war.

Listen: http://radiolegendary.com/2017/10/death-magic-snuff-flicks/

On the owl hoot.

So mote it be.

  • The Legendary

THOSE WHO KNOW NO NO KNOW: THE LAST PICTURE SHOW

45 Seconds Of Carnage – An Ambush In An Ambush

Evidence Fireworks, Dead Ahead, In Bandido’s Trial

Bandit’s mouthpiece stalls over – wait for it – exculpatory evidence!

San Antonio Bandidos Chapter President Tom Modesto Mendez

“This is the room of the wolfmother wallpaper.” – Tom Robbins, novelist, Skinny Legs And All

WACKO – Barrister Paul Looney is up for the part. Campaign shoutin.’ Let’s make no mistake.

After all, as it has been inscribed in these columns previously, Looney is no Polish name.

Not even close.

It’s not that the Poles won’t fight, and fight hard for what they believe, or what they think they want. Words fail a cop shop scribbler, a telephone talker, such as I.

Let’s put it this way. The solicitor and news columnist Charles McCabe, Himself, once told it like it is.

He said he saw a lad seated on the Post Office steps in his home town of Dublin, and he inquired, “Do you know the way to the Post Office?”

The reply, duly noted by Himself, is classic:

“Is it a stamp that you’re thinking of?”

The shrinks of the world, clinical and analytic alike, put it this way. In terms of human experience, set and setting is paramount. It’s difficult to refine the matter – from that point onward.

It’s as important to consider where a man’s been as it is to describe his present location.

In an exclusive interview held two days previous to this, Looney described criminal litigation at Six Shooter Junction in this way.

“There’s nowhere else like it.”

His experience, having represented people “in 45 states and most of the counties in Texas,” tells him there is nowhere quite like this place, so this must be the place, and other words implied but unchosen, to great effect.

If I may, and I’m not going to ask Mummy’s permission. Let’s get to it.

There are raunchy places throughout this world, many of them in criminal court venues, but Six Shooter got somethin’ for yo’ ASS!

All the Preparation H in the world won’t soothe the experience.

There, I’ve said it. Let’s move on.

Still there?

As we spoke, Looney was waiting for the phone call that would hire him on the case of San Antonio Bandidos Chapter President Tom Modesto Mendez. The skills of his lawyer, a Mr. Metzger of San Antonio, who has for more than three years represented him on the charge of engaging in organized criminal activity, Looney described as “woefully inadequate.”

Enow, he, lawyer Metzger, is tossed on the cruel twin prongs of the Twin Peaks dilemma, as evinced by his motion for a continuance now pending in 19th Criminal District Court.

Exculpatory evidence only recently obtained – after 39 long months – indicates that the state will use DNA markers from a sweatshirt and a swab of Mr. Mendez’ mouth to place him on the scene of a murder during the “melee” that was triggered when Aryan Circle members of the Cossacks MC  confronted the Bandits with guns drawn over their intentions to park their scooters and order up a cold brew and burgers at the Confederation of Clubs meeting on May 17, 2015.

Bullets and fists flew after someone tried to shoot at least two of the Cossacks in the spine, hitting one and paralyzing him from the chest down, and penetrating only strap muscle and leaders in another, leaving him to bleed, but walk away from the fight.

It was on, and within 71 seconds of a little war in which 14 cops poured suppressed rifle fire on the mix, 9 lay dead, 20 wounded, and 177 arrested and placed under $1 million bond to “send a message.”

Roger and receipt the message.

Back to the exculpatory evidence.

Metzger’s motion alleges Mendez was not wearing the sweatshirt.

Secondly, the DNA swab obtained during a court appearance was not legally provided, according to the arguments of a lineup of Texas legal talent that would make the Dream Team blush.

Visiting Judge James Morgan of Comanche hemmed, hawed, glowered, cajoled and shouted for the half dozen lawyers who hammered the blues over ex parte communication between Judge Ralph T. Strother and DA Abel Reyna to “MOVE ALONG!”

In the end, he recused Strother in three cases for his clear display of “bias” by not letting the defense counsel know their clients would be submitting to a summons that would lead to a collection of evidence.

Another visiting judge recused him from the Jake Carrizal trial for similar reasons.

Strother, according to a published report, is “not happy” with Metzger’s motion to continue the Mendez trial scheduled to begin on August 29. He is holding his ruling in abeyance for the non.

I just love a parade!

Did I mention that the state did not drop the charge of engaging in organized criminal activity before they asked a Grand Jury to re-indict Mendez on a new charge – under the original cause number – of felony rioting. Prosecutors described their actions as having done so in a effort to make it more CONVENIENT to encaption the offense, the Fifth Amendment proscription that “…any person be twice put in jeopardy of life or limb…” notwithstanding.

At the time of this writing, no ruling had been obtained from either Judge Johnson on the double jeopardy issue brought up in Looney’s motion to quash the identical indictment of Marcus Pilkington, or from Judge Strother on Metzger’s motion for the continuance of the Mendez trial.

Said a spokesperson for the law office of Looney & Conrad, when reached for comment, “We’re working on it…Maybe tomorrow.”

¡Mañana!

According to a published report in the Waco daily, Metzger said Friday that Mendez rejected an offer from prosecutors for a 25-year prison sentence in exchange for his guilty plea to murder or a 30-year term for riot.”

Such a deal.

So mote it be.

  • The Legendary

Hollow Twin Peaks Cases Could End, Not With A Bang But A Whimper

BOOK OF WACO – BY CHAPTER, VERSE, NUMBERS AND ACTS

Hogs roll by Newman’s Bakery at Belleville, under Saturnine clouds

“…This is the way the world ends
Not with a bang but a whimper.” – T.S. Eliot’s “The Hollow Men”

Belleville – Leaden rain clouds faked a threat to douse sun-drenched blades of coastal salt grass as a lazy Saturday world rolled by the front porch of Newman’s Bakery.

Harleys in heat, customized pickups, volunteer fire trucks sporting Glass Packs, and flatulent diesels roared their way up the hill to make the obligatory two-lane blacktop circuit of the Courthouse Square while trial lawyer Paul Looney held his weekly free legal clinic.

Situated on a trident fork on the way to everywhere at the corner of State Highways 36, 159 and FM 529, three of Austin County’s principal thoroughfares, Newman’s is a weekend Mecca for folks luxuriating in the extravagant feeling of not being in a hurry in this picture perfect world so near and yet so far from the nerve shattering hustle of the Domed City.

Looney is in the big middle of a phenomenal winning streak in criminal jury trials.

But he doesn’t take all the credit for his successful trial practice.

The phenomenon of jury nullification has reared its unpredictable head – at least once – in his unbroken string of dozens of victories.

“We had a case we just couldn’t handle any way but to give it to a jury,” he recalled, “because the plea offer was so unacceptable.”

After hours of deliberation, the jury sent the Judge a note, asking if they convicted the defendant, could they be assured he would assess the minimum legal penalty in his sentence.

“The Judge sent them a message. He told them they were the finders of fact, that he was the one to pass sentence, and their job was either to acquit or convict…

“So, in about 15 minutes, they sent a verdict of acquittal.”

With nearly 450,000 miles on his Victory Motorcycle, Looney is a specialist in letting the jurors decide – or at least, giving the State a good, long look at the prospects of  the notoriously unpredictable actions of twelve veniremen, good and true.

To see the world from two wheels, a lot of truth goes by – in a hurry.

But the Twin Peaks cases have given this old hammer an anvil to remember.

Looney calls it the Book Of Waco.

“It’s nowhere to be found in my $350,000 law library.”

Prosecutors just do as they please in McLennan County’s two criminal district court venues. “They have done it that way for years – because the judges let them get away with it.”

Twenty-two shaky cases could walk out the door if 54th Criminal District Judge Matt Johnson grants a motion to quash a “superseding indictment” for rioting a Grand Jury returned against 1%’er biker Marcus Pilkington, who was one of 177 arrested and held on a $1 million bond following a gunfighting “melee” at Twin Peaks Restaurant on May 17, 2015.

Hundreds of motorcycle enthusiasts had gathered for a political meeting of the Confederation of Clubs when shots rang out and 14 police rifles spoke in unison from an “established perimeter” where SWAT officers lay in wait.

When the gun smoke cleared, 9 lay dead, 20 wounded. They only tested three of the rifles. Eleven others are as yet unclassified, untested, their lands and grooves unknown to official parchment.

Meanwhile, hundreds of people – friends, relatives, wives, husbands, sons, daughters, awaited news of what was to be, to be.

This is a “cruel punishment,” according to Looney, that of a military organization, the kind “governments inflict on people.”

“I don’t know if it was a political meeting or just a bunch of guys who got together to settle who has the biggest stick; it was a military operation from start to finish,” Looney concluded.

There was a perimeter, sentries, fields of fire, L-shaped crossfire zones – the works. Bang. Bang. Shoot. Shoot.

Yee-ha!

Pilkington was one of the wounded whose gunshot injury festered without adequate medical care while awaiting a bond reduction as he languished in the Jack Harwell Detention Center, a County lockup privately operated by LaSalle Corrections by a warden who once ran Mississippi’s notorious state cotton plantation, Parchman Farm.

“There are three or four people who are in serious trouble,” said Looney. “They may well have murdered someone…”

Three policemen whose rifles tallied four homicides were exonerated by no true bill of indictment of the Grand Jury.

It’s a murky matter, one best left to the finders of fact on a jury. The evidence discovered – so far – includes two terrabytes of archived information. When visiting Judge Doug Shaver of Harris County asked what does that mean, the prosecution told him “about two million documents.”

A funny thing happened on the way to the police investigation of what – just what the hell – happened a few minutes after high noon on that fateful, rainy Sunday afternoon at Waco.

The prosecution hijacked the case with a non-specific, blanket, fill-in-the-blanks complaint of engaging in organized criminal activity, a first degree state felony that could carry a penalty of up to 99 years behind bars because some people were murdered under capital circumstances and others allegedly suffered aggravated assault.

“The prosecutors,” three criminal defense lawyers from Houston appointed by Regional Administrative Judge Billy Ray Stubblefield, “aren’t really up to speed on the case.”

Who is?

As he spoke, Looney was awaiting word as to whether he would be hired to represent another defendant who faces a jury in August. His defense counsel suffers the same set of circumstances, a massive discovery that has appeared over a period of more than three years – in dribs and drabs.

Why special prosecutors, a visiting judge?

The elected Criminal District Attorney recused himself rather than take the witness stand as a “necessary witness” who drafted the criminal complaint. By doing so, he allegedly became a police officer, not a prosecuting attorney.

“The law is the law…Amend the Code of Criminal Procedure, or just – follow – the – law!”

It be that way.

Abel Reyna, who failed in his bid for re-election to a third term by a margin of 60 percent naysayers to 40 percent in support of his administration, is the subject of an ongoing federal probe in which numerous members of his staff turned informants for an FBI agent.

Faced with an appearance as a witness, he recused himself after a jury rejected his prosecution of Dallas Bandidos President Jake Carrizal in a mistrial – eleven votes for acquittal, one for conviction.

And so it goes.

Word around the campfire, former Assistant District Attorney Amanda Dillon, fired ignominiously by Reyna for disloyalty – she is one of the FBI’s informants – may be rehired to head up the remaining cases.

That San Bernard, she part river and all bayou, don’t you see.

“Catch the blue train, all the way to Kokomo. You can find me, somewhere down the crazy river…”

So mote it be.

  • The Legendary

LA TREN BLEU EN BLEU EN BLEU – PEOPLE HAVE ASKED! 

 

 

 

 

 

 

 

 

 

 

 

 

 

New Indictments “Under Advisement” – Twin Peaks

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So mote it be.

  • The Legendary

For background information on this story, click here:

Mad Marc’s Case In Twin Peaks Comedy Of Errors

 

 

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

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

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

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

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

Stephen Stubbs, criminal defense attorney with an opinion on rapists

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

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

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

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

Thus his story compelling an eruption of the vox populi.

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

So mote it be.

  • The Legendary

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

 

 

 

 

 

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

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

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

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

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

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

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

The civil authorities found a resolution to the cultural contretemps.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So mote it be.

  • The Legendary

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

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

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

Waco – Some disputes are exceptionally ugly.

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

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

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

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

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

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

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

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

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

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

Extraordinary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It’s not an unusual situation.

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

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

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

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

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

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

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

Mad Marc’s Case In Twin Peaks Comedy Of Errors

Marcus Pilkington, shot at Twin Peaks, was the last to get out of jail, last to shake the million dollar bond, and he may be first to flip the bird at the silliest gangster prosecution on record – ever – anywhere!

Six Shooter – When the high power barristers hit the 54th Criminal District Court bright and early Friday morning, July 27, they’ll be carrying a torch Waco lawyer Robert Callahan lit while looking law in the black and white statutes.

Curse the glare!

Callahan is the ex-prosector who got his walking papers on January 1, 2011, Abel “Mighty Mouse” Reyna’s first day as the Elected Criminal District Attorney of McLennan County.

Reyna had no place for Callahan, and Callahan was a prime mover in the high tide that washed Reyna out to sea on election day, 2016, in a 60-40 split when home town trouble shooter Barry Johnson beat the socks off the Mouse in a very uneven match of wits, will and the wherewithal to navigate the rocks and shoals of the Texas Constitution amid allegations of big bricks of cocaine missing from the evidence locker, dismissal of cases for political contributors, and a laundry list of ethics violations including aggravated perjury from the witness stand at a disqualification hearing aimed at his ouster as prosecutor.

On that day in history, Mouse was taken to task for being the author of the affidavit he then commanded a Waco police detective to sign – when the man had no personal knowledge of what the hell had happened at the crime scene. Manuel Chavez testified he had been in a distant part of the city, investigating a case of rape.

He said, “I never saw him (Reyna) that night,” when F. Clinton Broden asked if it was true that the DA had urged him to familiarize himself with the facts of the Twin Peaks investigation before signing the complaint that he – Reyna – drafted with the help of Asst. DA Mark Parker and lead prosecutor Michael Jarrett.

Recalled to the witness stand, Reyna repeated his earlier falsehood with an elaborate answer about how he taken pains to make sure Chavez was thoroughly briefed on the allegations he was asked to swear to on his oath, as his personal knowledge.

And though he was not disqualified in the hearing of August 8, 2016, he recused himself numerous times to keep from being called as a witness regarding an FBI probe of his alleged off color dealings.

It helps to know your stuff when you carry out a full frontal assault on our Constitution.

And Houston lawyers Paul Looney and Mark Thiessen don’t falter when they hand out the credit for their strategy in this – ah – shall we say – embarrassing display of a lack of legal savvy.

Quite simply, said Mr. Callahan, the indictments for rioting returned by a Grand Jury as a superseding count to the original complaint of two counts of engaging in organized criminal activity  that took a back seat to what the lawyers laughingly called the “lesser-included” offenses of murder and aggravated assault, are as useless as Sam Goldwyn’s famous verbal agreement.

They aren’t worth the paper they’re written on.

All 155 original indictments have been dismissed except the remaining 25, who have been charged with riot, murder and riot, tampering with physical evidence, and unlawful possession of a firearm by a felon.

Problem.

Callahan can’t help but look like a kitty cat with cream on his whiskers when he points it out to the general public – the body politic, the hoi polloi, WE THE PEOPLE.

“The problem with the re-indictments is that the DA’s office re-indicted filed cases without dismissing the original indictment.

“The correct method of filing the riot charge, for instance, would have been to indict it as a new case with a new cause number.”

The deal is, the Code of Criminal Procedure, a Title of the Constitution of the State of Texas, does not allow Grand Jurors to return superseding indictments tacked onto previous charges.

It’s just not done that way, said Mr. Callahan. Why? Because it is written that if you think up more offenses and present them to the Grand Jury, you must file new cases under new cause numbers.

There is no such thing as a superseding indictment – at least, not in the Texas Criminal District Courts – because anything else, such as a superseding indictment from Alice and her pals in Wonderland – is a bad dream from an opium pipe, a mushroom pie, or a crystalline delusion hoovered up from the marching powder produced in a jungle lab.

Tut tut.

“We are heavily indebted to Robert Callahan, a prominent Waco criminal attorney who came up with the idea and provided me with initial research,” said Pilkington’s lead counsel, Paul Looney.

“We are of the opinion that the second indictment was unlawfully obtained and cannot now be lawfully obtained,” he fairly trumpeted in a legal alarum filed way back in early June.

“Just when it was beginning to look like the McLennan County District Attorney’s office had discarded the  ‘Book of Waco’ and chosen to follow the Code of Criminal Procedure, we found that they are still making their own rules and have now made an inexcusable blunder.”

What blunder would that be?

Said Callahan, “They could have had the two charges running parallel. Now, instead, the second indictment is of no legal import at all and is voidable, which means the riot statute of limitations has run on all the new indictments and they are stuck with the ‘engaging’ charges they initially used.”

To read Marcus Pilkington’s Motion to Quash the superseding indictment one need only click here. 

Only one such case received the scrutiny of a jury.

Eleven of the twelve chosen to judge Dallas Bandido Jake Carrizal for that offense finally told Judge Matt Johnson they didn’t need to hear any more evidence. As far as they were concerned, during five weeks of droning testimony of “gang experts” who talked about conditions in California and Colorado, and movies and television shows about “outlaw motorcycle gangs,” the State had failed to present any evidence that Mr. Carrizal engaged in anything other than self defense when he and a dozen guys headed for a political meeting rode into a double ambush from members of the Cossacks Motorcycle Club and a hail of bullets from the assault rifles of  Waco Police and Department of Public Safety agents – 14 in all firing military weapons equipped with suppressors and sophisticated holographic sights.

Three Waco cops fired the rounds that killed four of the nine who lost their lives in the “melee,” according to an evidence technician from the Southwest Institute of Forensic Sciences; the remaining eleven rifles were never tested, but surely the thousands of rounds fired must have found their mark in some of the 23 hospitalized with gunshot wounds.

Though ballistics tests were performed on firearms seized from those arrested, no evidence or testimony was presented.

That pesky Code of Criminal Procedure reared its ugly head – once again.

When a Bureau of Alcohol, Tobacco, Firearms, and Explosives agent took the witness stand during the Carrizal trial, he gave elaborate testimony as to his bona fides as an expert witness.

Under cross examination by defense counsel Casie Gotro, yet another defense counsel who hails from the Domed City, the agent finally admitted he would be testifying about ballistics reports prepared by Waco Police evidence technicians.

He sat there and repeatedly answered that the reports were prepared by “experts,” and Ms. Gotro would repeat her question, as to just who did those tests, from what law enforcement agency?

Finally, the old boy gave up the ghost and said, “Waco Police Department.”

“Your honor, I would object as to hearsay testimony by this witness,” she declared.

Judge Matt Johnson reacted just as quickly.

“Sustained. Call your next witness,” he told the prosecution.

There is something written – that is, carved in granite – about how a witness offering testimony must have personal knowledge of the subject matter about which he is offering as his personal testimony.

If you answer questions form a prosecutor about technical reports prepared by another person from another agency, you are engaging in hearsay testimony, and that is not allowed by – you guessed it – the Texas Code of Criminal Procedure.

Mighty Mouse and Michael Jarrett both looked very, very disappointed as they took the massive mounds of printed material they had laid on the evidence table before the bench and stuffed them into the plastic tote bins stacked chin high that they had only minutes previously two-wheeled in from the DA’s office.

We The People could only remark in silence as to the way events just became curiouser and curiouser – as time goes by.

Paul Looney invited all who suffered a re-indictment that was illegally and unconstitutionally obtained to take advantage of the truth uncovered by Robert Callahan’s legal scholarship.

They are listed below.

So mote it be.

  • The Legendary

Robert Callahan, barrister, of Callahan & King, Attorneys

Twin Peaks case re-indicted are:

1.     Ray Allen – murder and riot

2.     Jeff Battey – murder and riot

3.     Mitchell Bradford – two counts of riot

 4.     Richard Cantu – riot

5.     Aaron Carpenter – riot

6.     Jake Carrizal – riot

7.     Nathan Champeau – two counts of riot

8.     Roy Covey – tampering with or fabricating physical evidence

9.     William Flowers – two counts of riot

10. John Guerrero – riot

11. Jeremy King – unlawful possession of firearm by felon

12. Richard Lockhart – riot

13. Rich Luther – tampering with physical evidence

14. David Martinez – riot

15. Wesley McAlister – two counts of riot

16. Tom Mendez – riot

17. Marshall Mitchell – riot

18. Jerry Pierson – riot

19. Marcus Pilkington – riot

20. Jacob Reese – two counts of riot

21. Owen Reeves – two counts of riot/habitual

22. Timothy Satterwhite – two counts riot/enhanced/unlawful possession firearm by felon

23. Kyle Smith – two counts riot/tampering with evidence

24. Glenn Walker – murder and riot

25. Reginald Weathers – riot

 

 

City Dads Who Are Trying To Endorse…Paul Revere’s Horse But The Town Has No Need To Be Nervous

 

SCENES FROM THE BAR WARS   –   EVERY PICTURE TELLS A STORY, AND AN IMAGE OF A CLOVER LEAF IS AN ARYAN GANG SIGN

BY: CHICAGO DAWG

Elm Mott, Texas – This town has the Tombstone blues.

The downtown daily published a story alleging a group stomping by rival gangs who objected to support of the red and gold.

A minority report by anonymous bikers holds that, au contraire, the dispute that led to the off premises romp/stomp was “over a woman.”

In a furthermore and never mind rendered in buttery gossip sob sister tones, that massive organ of public opinion published a statement by the daughter of the establishment’s owner, who declared that McDaddy’s is not a “biker bar.”

An open case means they are looking to nail someone for a crime. In this case, it’s an “A” misdemeanor assault.

In years past, it was possession of a stolen handgun with silencer attached by a cult member apprehended by, you guessed it, the McLennan Sheriff’s Office.

In that case, a year prior to the BATFE raid on the Branch Davidian, authorities would yield no names and no details.

What do the two cases – both extremely violent – have in common?

There was an ominous silence, a news information embargo imposed by the law enforcers due to the severe emergency presented to the public. There were seminars, discussions, and training sessions at the local police academy. Experts honed their specialty in an atmosphere of severe confidentiality.

We the People were told only that access to the impending shoot-out depended on an ability to indemnify any law enforcement victims of violence through errors and omissions insurance.

My aching back.

In the former case, the conflict arose over a reluctance to let the people they raided see the warrant of search and arrest. Hence, a standoff of many days duration, followed by a raid with military tracked vehicles that inserted highly flammable CS gas into the building.

The prosecutor eventually plead guilty to withholding exculpatory evidence when he omitted a report that detailed pyrotechnic devices fired into the lethally flammable atmosphere of the beseiged building. He received two years probation, but he kept his license to practice law.

In this case, there were an estimated 2 million documents occupying 2 terrabytes on a hard drive that defense attorneys played hell getting in dribs and drabs while the prosecutor made sanctimonious noises about the sanctity of exculpatory evidence while genuflecting at the altar of Brady v. Maryland, that landmark among landmarks.

According to McLennan Chief Deputy Kilcrease and other law dogs, the public is at great risk due to an investigation which is “still active” and “could lead to prosecution,” in the opinion of Melissa McDonald of the Records and Warrants Division.

A PRESUMPTION OF PUBLIC RECORD

She has sought an opinon from the Attorney General, citing a public information act request from The Legendary for information that is “exempt from disclosure pursuant to §552.108 (a)(l) and (b)(1) of the Government Code…because…such information presumptively would interfere with the detection, investigation or prosecution of crime.”

All this came in a certified letter that nevertheless did not contain the promised “cover page information and items that are unquestionably public.”

Tut tut.

Question: Then why wouldn’t they give it to the scribblers?

No doubt, the local gend’armes are striving to assist the Victorian Gents of the Mainstream Media to avoid falling into the category of an advertising agency for tush hawgs.

Avanti!

A VISIT TO McDADDY’S – OOH, BABY, IT’S KOOL INSIDE

Wedged into a small lot near the frontage road on I-35, right by a smokehouse and a truck tire repair shop, McDaddy’s is an oasis of cool in a hundred degree world of blazing sunshine, little shade, and a lot of pain.

According to the top cop at the Sheriff’s Office, Chief Kilcrease, the events of June 11 are not only still under investigation; they represent grave danger to the public.

A 9-day wait for information regarding the offense of an assault on Ramon Eusebio, Jr., gleaned only the intelligence that three witnesses, George Ramon, Jennifer Sandoval, and Karla Marie Statler are known to the laws.

There is a photo to document the victim’s injuries, according to one of the sketchiest offense reports ever to be heralded as a banner of impending doom for the public safety.

The report contains no mention of the time of the offense, the officer who investigated, weather at the time, visibility, or any of the other items found on a “first page” offense report.

Said Kilcrease, “As long as this community is on the route of the I-35 access corridor, rival biker gangs are going to compete for territory.”

True, that, for is it not written, the only three things that matter in real estate is location, location, and location?

Any major dude will tell you. It’s right up there with guitars tuned good and firm-feeling women.

Furthermore, said the Chief, “The Mom and Pop clubs  – and I’m not knocking them – don’t fully understand. They’re just out to enjoy riding the motorcycles…But as long as all this is true, the public will be in danger.”

A LITTLE BACKGROUND MUSIC

In a published report from earlier in the month, Pamela Webb Nelson, daughter of the present owner of McDaddy’s, told a cop shop reporter for the Brand X daily that the bar is not a hangout for bikers.

Her husband, Ray Nelson, it’s true, wasn’t a biker the last time we heard from her.

The former President of the Cossacks MC Hill County chapter, he no longer has a bike, and he’s not a member of the club, said Ms. Nelson, who contacted The Legendary by message service.

Both he and a prospect he had busy watching the bikes they parked in front of Twin Peaks Restaurant on May 17, 2015 an hour before a Confederation of Clubs meeting, fell to bullets fired from an unknown assailant’s gun.

Neither of the men were able to identify their attacker, A former Bandido, Clifford Pearce, took a gunshot to this chest and is paralyzed from there down. Nelson experienced a bloody injury to his back when a bullet plowed through the muscles of his shoulder and exited his neck through the muscular straps that hold his head upright.

Nelson said he remembers only seeing a gun wielded by a person standing slightly behind and to the side of where he stood as he and dozens of Cossacks confronted Bandits who had just arrived from Dallas on their scooters.

The person wore a black windbreaker over a pair of khaki trousers.

Ouch!

¡Cabron! Oh, day of mourning, day of woe, day we separate the sheep from the goats.

“It’s not over ’til it’s over.” – Yogi Berra, a wise old philosopher

COSSACK RAY NELSON, WHOSE ASSAILANT ATTEMPTED TO PARALYZE HIM WITH A SHOT TO THE NECK THAT MISSED HIS SPINE

 

 

 

 

 

 

 

‘Holy Kapow!, Batman

BOOZEFIGHTER JEDI – PROPERTY APPRAISER – IN PERSON

There are those individuals that are resilient in resolving issues through peaceful negotiations, tactful communication and ongoing positive emotions. Then there are those that believe the chaotic sound of a fist cleaving your face, the visual of your ragged limp body hitting the ground brings more enjoyment than the latter. #JEDI

Six Shooter Junction – George Horsley drives to Austin each day to practice his profession – that of a property appraiser with a lot of experience serving the McLennan County Appraisal District.

Those days are long gone.

He says it’s the best thing that ever happened to him.

Tomorrow, on Sunday, June 10, he and Gordon Harriman, a professional property manager whose great grandfather founded Crawford Austin, an operation that today owns “right at” 1,000 parcels of commercial property in the environs of Waco, Jerusalem-on-the-Brazos, will join us at RadioLegendary to rag chew the beaudacious efforts of the industrial establishment of this community to raise taxes – once again – by leaps and bounds by simply declaring folks’ stores, manufacturing plants, shopping malls, rental housing – and the like – is, well, ah, 17 percent more valuable than it was a year ago.

Residential properties?

They’re considered about 12 percent more in their appraised value.

Onwards.

So, what happened during the ensuing year?

The Attorney General, his staff, the Courts, and the legal establishment not only nationwide, but worldwide, handed he McLennan County District Attorney his ass on a silver platter when a jury of twelve split 11 to one for acquittal in one of the most ridiculous displays of poor judgment ever to grace a criminal court.

In five weeks of tedious drama, the chosen 12 listened in bored disbelief while Abel Reyna and lead prosecutor Michael Jarrett put on tepid, opinionated testimony by “experts” on motorcycle gangs that had not one scintilla of bearing on the question: Did Dallas Bandido Jake Carrizal “engage” in organized crime when he and his Chapter of 1%’er bikers rolled into the parking lot of a trendy theme breastaurant located in the roadside sprawl of a shopping mall for folks with a lot of disposable income at noon on Sunday, May 17, 2015?

The prosecution in no way elicited testimony that would lead a reasonable man, that famous fictitious man in the street whose sensibilities form the holding in thousands of cases recorded for posterity in the books, to believe that Carrizal, his father and his uncle, as well as more than a dozen others who were rat-packed before they got off their custom Harley Davidson bikes, did anything other than defend themselves against an onslaught of violence perpetrated by nearly a hundred bikers wearing the colors of the Cossacks Motorcycle Club.

How do we know?

The G made a snuff flick of the whole thing, a nearly stream of consciousness work of video from cameras installed by the Texas Department of Public Safety, dashcams in cop cars, and closed circuit video surveillance cameras throughout the area.

That’s how.

This depiction revealed that 9 men lost their lives when they were cut down by and large by rounds fired from AR-15 style battle rifles wielded by SWAT team members. and an additional 20 suffered wounds. Of 14 such rifles fired through sound suppressing baffles attached to their barrels, only 3 were subjected to ballistics testing.

One would be led to believe after approximately 8 weeks of courtroom drama including the recusal of judges in lengthy hearings, that the jurors just flat didn’t see the case.

It was the identical case filed against 177 persons whose names filled a blank at the top of an identical “complaint” drafted by Reyna and his staff after they snatched the investigation away from the Waco Police.

That cast Reyna and his staff in the role of witnesses, not prosecutors. That’s a no no in the Texas Code of Criminal Procedure. You can’t prosecute a case in which you have become a “necessary witness.”

To further complicate matters, the Code of Criminal Procedure also makes no provision for superseding indictments as added counts in a previous indictment.

THE BOTTOM LINE  

Only 25 of the original cases remain in progress. One lawyer out of Dallas is representing 100 former defendants whose cases have been “dismissed” with the explanatory statement that while probable cause exists, the case has been passed over in favor of prosecuting others with a higher degree of probable cause.

There is no doubt that these individuals’ civil rights have been trampled to bloody mush, and the City and County officials facing the litigation have no means of indemnification through the normal channels of insurance coverage for errors and omissions.

Hence, everyone’s property is worth way, way more than it was last year.

As it turns out, the servers are jammed with folks responding with evidence they filed electronically, and intend to present to review boards at the Appraisal District during protest hearings.

Our story: We intend to present the dialogue between Mssrs. Harriman and Horsley on an episode of BlogTalk Radio, and then throw the switchboard open for interested parties to vent their spleens about this situation.

Ladies and Gentlemen, we of The Legendary bring you today’s edition of what is popularly known as a TAX REVOLT!

The persons so afflicted by the cops, courts, and tax men were merely exercising their right to assemble and associate with persons of their choosing.

The purpose of the meeting at Twin Peaks was simply to review the policies of biker profiling and the state cops’ irritating action of withholding funds of approximately $17 million raised from extra added user fees tacked on to annual motorcycle registration fees.

The faulty and deficient legal instrument used to serve as a general warrant not particularized as to allegations of complaint or probable cause as demanded by the Fourth Amendment fo the U.S. Constitution is identical to the type the riflemen who defended the United States of America against the occupation of British troops serving a similar general warrant.

That led to the “shot heard round the world” fired in the Massachusetts Bay Colony in 1775.

We had originally planned to air this feature on Texas Biker Radio News, but due to scheduling conflicts, we are going to attempt to produce the event through RadioLegendary on Blog Talk Radio at 7:30 pm on Sunday, June 10. Look for ads in Facebook for further instructions.

That venerable Chinese curse has us all by the ying yang, it seems. We are indeed living in interesting times.

So mote it be.

  • Legendary

Gordon Harriman, whose family business  is Crawford Austin