Ledbetter Wants His Damn Trial

February 29, 2016

All Posts, News

Ledbetter Wants His Damn Trial

The criminal cases in Waco that flowered after the Twin Peaks Massacre last May 17 have become a grotesque parody of justice – whatever the meaning of “justice” might now be. Justice has obviously become much more complicated than what all those dead, white men who wrote the Constitution meant when they made the noise “justice.”

The prosecutors of the 106 criminal cases, or 186 or however many criminal cases there are, keep trying to redefine the most basic elements of American law. For example, during the last month the two most visible defense lawyers in the case, Clint Broden (who represents a Scimitar named Matthew Clendennen) and Paul Looney (who represent a Cossack named Cody Ledbetter) have been citing the Sixth Amendment to the Constitution, which reads:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.:

Clendennen wants his trial moved out of Waco because for the last ten months public officials have been bragging that they saved the city from being raped by Clendennen and other biker scum. The Waco news media have repeated this accusation so often that Clendennen fears the jury that may eventually try him could never be “impartial.” Whatever “impartial” means.

The Law As An Ass

Ledbetter has been politely demanding a “speedy” trial. Last week, Looney filed a motion on his behalf with the Tenth District of Texas Court of Appeals. The motion, if granted would compel a Waco judge named Ralph Strother to schedule a trial for Ledgetter. The prosecution in Waco has lobbied against speedy trials because the prosecutors fear they don’t yet have enough evidence to secure convictions. And various important courts have ruled that the Sixth Amendment is not as cut and dried as it might seem to people who only speak plain English.

In a case called Barker v. Wingo, the Supreme Court of the United States ruled that there is no clear line between speedy and slow. That court identified four “factors” judges should consider when deciding whether a trial is “speedy.” They include: “Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” The Texas Court of Criminal Appeals claims to agree that the importance of these four factors should be measured on a “sliding scale.” The two most interesting of these are that a defendant must assert “his right to a speedy trial; and whether the defendant suffered prejudice” as result of a judicial delay.

Looney seems adept at the obstacle course of Waco law. His thinks Ledbetter is innocent. He doesn’t think the local prosecutor, a sophistical buffoon named Abel Reyna, can prove Ledbetter guilty of anything. He wants Ledbtter to have his damn trial now. Looney promises not to seek a plea deal and his lawyering is particularly interesting when he describes the “prejudice” Ledbetter has suffered as a result of his delayed day in court.


At a hearing on January 8, Looney told Judge Strother that Ledbetter has “suffered serious and longstanding harm, a lot of emotional issues by virtue of this incident where he watched his father die,” and that he “is being denied the opportunity that other crime victims have to receive state crime victims’ funds. Because he’s being accused of a crime, he’s now not eligible to receive the benefits he would otherwise be entitled to. And a fair reading of the discovery and my own investigation yields that he is a crime victim and not a criminal, and he needs to be put in the proper posture so that he can quit being denied the opportunity to have the benefits that the law entitles him to.”

At that hearing Assistant District Attorney Michael Jarrett, a screw up who shot out his own window a couple of years ago, called Ledbetter’s claim that he was a crime victim “a slap in the face of justice” and argued, basically, that because Ledbetter was out of jail he had no right to a speedy trial.

Looney, quoting the Barker decision, cites Ledbetter’s “anxiety and concern” as elements of prejudice in Strother’s refusal to schedule a trial. He argues that “Additional related factors are the lack of employment, credit, and rental opportunities suffered by one who stands charged with a serious felony. Such a person is under a penumbra of suspicion and is so burdened – sometimes oppressively so – in his routine daily life.”

Forcing the prosecution to actually try the defendants it accused ten months ago and indicted four months ago might expedite the ends of justice.

Like the justice of forcing Waco, McLennan County and Texas to reimburse the defendants for the suffering this half baked case has caused and continues to cause.


30 Responses to “Ledbetter Wants His Damn Trial”

  1. T Hell Says:

    ATF will be reporting soon all ballistics tests have been completed, Reyna will have to find a new excuse for the delays….

  2. bones_73_ Says:

    Bail bondsman killed it……smoke ciggaretts

  3. david Says:

    A key issue in the entire accused rights trampling by the prosecution is the character of Reyna, or lack thereof.

    Legal frauds Reyna and Jarrett have been, and continue to be, so far above and beyond unarguable, substantive, organic constitutional law(Bill Of Rights)for so long, they’ve become power crazed, delusional, lawless dictators, un-fit to be public street-sweepers.

    Working a private sector job, Reyna would be fired so fast his head would spin.

    The smell of a P.O.S. dressed up in a three piece suit remains, despite its cost.

  4. Elwood Green Says:

    “was out of jail he had no right to a speedy trial” On a very high bond, and essentially on house arrest, is not exactly “out of jail”! Hmm.., not exactly the way I understand the law, but hell, no one asked me!

  5. Dave Low Says:

    Im not even a biker, just a regular working guy. Im positive the cops are the criminals in this situation. None of the media even gives a shit about this travisty of justice. Not even Alex Jones opens his mouth about this on his web site. If a lynch mob were to form in this country I would be along a Biker a black a mexican or any other person who has had enough of our criminal Government. We the people see the truth and one day we will come in numbers. It wont be a 1% er but a 100% percent American overthrow. Let them out or we’ll bust em out.

  6. Mad Dog Says:

    Iron Rider said: “If the prosecution does not have the evidence to take these defendants to trial then it never should have went and sought to have them indicted in the first place.”

    To me this is the crux of the whole mess. Instead of collecting evidence and then indicting people, they swung for the fences, hoping that could rely on the “criminal conspiracy” theory to carry the day. Unfortunately for them, they’re finding that difficult to establish.

    Instead of taking the evidence that was available to them and assigning culpability, they started with an agenda and are trying to make the facts fit. Maybe it’s because the actual facts raise the issue of law enforcement’s criminal misconduct.

  7. xplor Says:

    What is District Attorney Abel Reyna going to do?
    “exculpatory evidence cannot be kept out of the hands of the defense just because the prosecutor does not have it, where an investigating agency does. That would undermine Brady v Maryland by allowing the investigating agency to prevent production by keeping a report out of the prosecutor’s hands until the agency decided the prosecutor ought to have it,”

  8. Rebel Says:

    Dear HAHAHA!,

    This is bigger than Fast and Furious.


  9. HAHAHA! Says:

    So in the legal sense, “speedy” is now a relative term? What happened to the “reasonable man” standard? NO reasonable man would find this a speedy attempt to bring someone to justice.

    This entire Waco debacle is the absolute worst example of prosecutorial misconduct there has ever been. BEFORE an American citizen is charged with a crime, the prosecutor has to already have their case together. If they do not, then they really haven’t solved the crime yet, have they? I came to this board because there is nowhere else I could find that gives a shit about this case. And the fact that there are 106 victims of government abuse makes it all the more important for everybody, not just bikers, to keep track of this thing.

    And I see that the poorly-spoken,narcissistic Waco police sergeant (Swanton?) who couldn’t get enough of himself on TV is now running for sheriff. His public announcements were awful and his on-screen persona is an abortion. What a pathetic opportunist.

    An honest judge would require these cases to get started; it’s been almost 10 months since the incident occurred and some of these guys haven’t been out of jail since. If they’re found not guilty then they will have lost everything and a year of their lives for nothing. Next to HilLiary Rotten Clinton’s abuse of classified information and the “Fast & Furious” gun-trafficking fuck-up by the corrupt racist Eric Holder’s DOJ, and his federal prosecutors, and ATF agents, this is the worst example of government misconduct we have experienced in many years.

  10. martythe3 Says:

    Big J

    Did you just trip over this story and decide to vomit the cop words said on that very day? I believe you are a cop, a friend of a cop or an agent provocateur.
    COC’s have been having monthly meetings all over the country since the 80’s with ner an issue. Does it seem wise or prudent for uninvited guests to appear in mass numbers to a meeting they haven’t been invited to? hmmmmmm
    Does it seem a providence set forth by God that the cops placed pole cameras there 2 weeks before it happened? hmmmmmm

    Understanding 1%ers might give you a clue instead of believing shit the cops say about them.
    They do not screw with innocents and get fined or checked if they do, by their own club, especially if they do it in public.
    They especially don’t screw with LE, no club needs more attention — so the cops that said they were in fear for their life are lying. It was shooting fish in a barrel.

    There are so many things about this pile of shit the (obviously) feds orchestrated that even if a tiny bit of the most heinously illegal shit they did got out into the public, they would all go to the slammer.
    Instead, they just pile more illegal shit on top of it.

  11. Brad H Says:

    “We don’t got ‘nuf evedunce ta go ta tryal, and I’ll be gol damned ifen we gunna go ta tryal afore we dun manufuckturd ‘nuf!”

  12. Paula Carroll Swann Says:

    They don’t have a case, because they are charging people with a crime that they didn’t commit.
    I also keep pointing out that the media is not getting the fact that
    In the press conference as asked how many shots fired by the bikers, they are still being counted. .
    44 casings recovered NONE WAS OF NON-LE SHOOTERS.
    12 of those 44 casings recovered was from the 3 officer’s with the rifles of the. 223 Rounds. .. (THAT KILLED 4 OF THE 9 )
    AS WHAT DID THE OTHER 11 OFFICER’S FIRE? As who did they shoot and kill?

  13. Celt Says:

    “Remember the gathering at Twin Peaks wasn’t a Church picnic.”

    Big J, that just shows you how very little you know about COC meetings. You are trying to make it sound like a meeting of the 5 families in upstate NY. Quit watching so much Gangland.

  14. oldskewl Says:

    NOS4A2 Says:
    March 1, 2016 at 8:05 am
    “I inspected the gun even after I was told it was not loaded, but it was just an unfortunate accident.”

    Really? What did you inspect? You still shot out a window you dumb fuck!

    The exact same competence used to put 170 people on trial for murder committed by the police. You couldn’t make this shit up if you tried.
    Also, if a citizen would have done they same they would have locked them up saying they fired a gun within city limits and their CCW would automatically be terminated.
    I bet none of that happened.



  15. Big J Says:

    Well you can thank the Mob for all the conspiracy and association laws in this country. Remember the gathering at Twin Peaks wasn’t a Church picnic.

  16. NOS4A2 Says:

    “I inspected the gun even after I was told it was not loaded, but it was just an unfortunate accident.”

    Really? What did you inspect? You still shot out a window you dumb fuck!

  17. Brad Milch Says:

    Reyna & cohorts’ handling of this case up to this point may appear to some as similar to a common housecat playfully & sadistically torturing some smaller prey long before its fangs finish off the doomed animal. To an observer, it might appear that the cat is more interested in the chase than the capture; others might say the cat acts this way because it’s a bully & it knows it can do as it pleases under the circumstances.
    For others following this story with Rebel’s guidance, it may be wise to remember that what looks & acts like a cruel pussy (Reyna & cohorts) does so because that’s what they are.

  18. Wild Bill Says:

    David, all I want to know is “who’s on first??”

  19. Lost Cause Says:

    The simplest breakdown of the whole thing is this;

    If the police have enough probable cause to arrest someone, they arrest them. The prosecutor’s office job is to make the determination is enough probable cause exists.

    The burden of proof is now the prosecutor’s. He obviously does not have this probable cause and continues to grasp at straws and rely on the good ol’ boy Texass legal system to drag this out indefinitely hoping that mass plea deals can be reaching to reduce the collateral financial damage that ultimately will face once the unlawful arrest lawsuits start stacking up.

  20. ak rack Says:

    ‘ “I was being extremely safe,” Jarrett told the Tribune-Herald earlier this month. “I inspected the gun even after I was told it was not loaded, but it was just an unfortunate accident.” ‘

    Damn right it was unfortunate — his missed Reyna.

  21. IronRider Says:

    If the prosecution does not have the evidence to take these defendants to trial then it never should have went and sought to have them indicted in the first place.

    The fact that prosecution has admitted to the defense and court in an argument before the court that “They do not have the evidence to proceed to a trial” will be one of many statements that will be used against them when these defendants sue for wrongful arrest, malicious prosecution, civil and constituional breaches of their rights over the fiasco this has become.

    Law Enforcement was so excited to make a big show of this and turn a botched undercover investigation and the shooting and slaughter of many innocent bystanders by Law Enforcement officers on scene at Twin Peaks into the big bad biker war conspiracy to cover their asses because they had hyped up their own officers by feeding them over and over and over how this is a powder keg and violence is imminent and lets not forget about it’s undercover or paid informers who were inside some of these clubs trying to get club members to buy into the story that this rival club was going to do this or that and we need to strike which is the line that Law Enforcement has been saying over and over and over to the clubs and was having their informers or undercover agents keep repeating that very mantra over and over.

    The defendants do have rights as afforded to them under the Constitution, the fact that Law Enforcement seems to believe the suspension of the defendants rights is allowed at their discretion and if the defendants suffer from it, well that’s too bad just goes to show you how much your rights do not matter and how you are not innocent until proven guilty, but rather you are guilty until you can prove your innocence.

    It is amazing how much people’s civil and constituional rights are being denied more and more and how the Constitution and rights afforded to a person are trampled on and being obliterated by Law Enforcement and government more and more.

    Americans and the U.S. Government and it’s citizens used to be very very proud of the Constitution and its protections and the rights included in it, nowadays thou the U.S. Government and it’s Law Enforcement entities have taken a once proud symbol of the U.SA and trampled, obliterated and violated the constitution so badly that it will never mean what it used to because Government seems to believe their whims and needs triumph anything in the constitution and the rights that are enshrined in it.

    Clendennan and his counsel are right, they will not get a fair trial in Waco and neither will any defendants in this case because of Law Enforcement grandiose media blitz and the version of the story that they perpetrated to the media over and over and over. The defendants didn’t put their version of the events at Twin Peaks that day, Law Enforcement did.

    Law Enforcement has made sure that the defendants and their counsel wouldn’t and could not get their side of the story out and the gag order and bond conditions and bail amounts made sure to keep that the case, it is only Law Enforcement’s version of events of what took place out at Twin Peaks is the only one out that the public and media have heard.

    It is beyond a travesty that those indicted in this fiasco are still having their constitutional rights violated with nary a peep from the Texas state bar, Texas Defense Lawyers, Texas civil rights activists and the ACLU and the media should be all over these violations as well.

    I find it hard to fathom how the above mentioned groups can let the rights of these defendants be trampled all over and violated repeatedly all because they ride a motorcycle and/or may be associated to a motorcycle club. I highly doubt this makes them any less of a citizen and any less afforded to the rights the Constitution affords them.

    What I find a crime is how those charged are being treated as though their rights are worth nothing, and so are they. There are a lot of folks who should be ashamed that their fellow citizens rights are being trampled and violated with out even a whiff of protest. Very sad indeed.

  22. RLG Says:

    The application of the Lalw in these Incorporated States Of America(tm) shall be:

    0. Any person to come to the attention of the lalw will be defined as a criminal until the lottery can be held as per sec 3.

    1. The criminal shall be compelled to forfeit his human rights in exchange for a more convenient and cost effective service of just us.

    2. If the criminal refuses to co-operate with forfeiture of his human rights he shall have his penalty quadrupled and intensified and un-expidited as a deterrent to others.

    3. The criminal shall submit to a no bid contractor for adjustment of an arbitrary punishment. Note: future human rights will also be forfeited as consideration for these services rendered.

    4. In the spirit of perniciousness the criminal shall be entered into a lottery to have all proceedings dropped and this will be attributed to a typographical error with no admission of negligence or incompetence by these incorporated states.

    5. In further consideration of the criminal state of criminality he shall labour at 3rd word pay under 2nd world conditions to offset the expenses incurred by the corporation and strategic third parties affiliated with the state corporation.

    FBI WARNING: This document is copyrighted and by reading it the reader agrees to waive the right to any class action status.

    Thank you, please drive through!

  23. Drifter Says:

    Thanks Reb…

    Fucking incredible, this wingnut jarrett puts a bullet through a window at the da office and still keeps his job, not surprising and typical but still highly annoying…

    Fuzz, keeping the mud wet for each other…


  24. Nihilist Says:

    Un-fucking-believable that this travesty of justice has not only basically been ignored, but apparently tolerated and accepted by the MSM and the general public.

  25. popeye Says:

    If all this weren’t true it would make a great script for an abott and costello movie.

  26. david Says:

    State prosecutors who continuously violate any protected right of any accused person, much less the rights of 106, TO PROTECT THE POLICE from criminal prosecution, deserve lifetime prison sentences upon conviction.

  27. david Says:

    The Sixth Amend.(Bill Of Rights, U.S. Consti.,1787) was included in the Federal Consti., and ratified by the 13 original states, because of their refusal to ratify if a Bill Of Rights was not included as U.S. Law.

    The authors of the Bill understood the English language, wrote exactly what they meant, no interpretation necessary, and meant exactly what they wrote, to severely limit both U.S. and state governments.

    1) “In ALL criminal prosecutions” , ALL meant ALL in 1787, and still means ALL today.

    2) Incompetent Reyna is conducting many “criminal”, not civil, “prosecutions”.

    3) The Sixth Amend. applies to ALL criminal prosecutions, prosecutions against men accused of a crime , making ABSOLUTELY NO distinction whatsoever between an accused in jail, or out of jail on bond.

    4) Assistant DA Jarretts’ argument fails in light of the Supreme Law Of The Land, U.S. Consti. Article VI., which states this Consti. SHALL BE the supreme law of the land, supreme over any state law or judicial rule made by the state of Texas.

    5) EVERYTHING done by the Texas state government agents has been, and continues to be, in flagrant direct violation of U.S. constitutional law, clearly understood by the people, yet not understood by incompetent prosecutorial attorneys who are and will be held, to a much higher standard than any non-attorney.

  28. Phuquehed Says:

    Tar and feather those cocksuckers Reyna and Jarrett and that shit-stain waster of the public’s trust and money Strother, then run the air-wasting fucks out of town on a rail.

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