Waco Day 475

September 2, 2016

All Posts, News

Waco Day 475

Whether the truth about what part police played in encouraging the biker brawl in the parking lot of the Waco Twin Peaks restaurant will ever be known or not now depends on the wisdom or foolishness, the cynicism or idealism and the intelligence or stupidity of an elected Dallas judge named Jim Jordan.

Jordan is the distinguished looking fellow in the photo above. He was previously, briefly famous for allowing the Boston Red Sox to buy the Liverpool Football Club over the objections of a Dallas gazillionaire who also hoped to own a professional soccer team in an exotic foreign land called England. Like so many American politicians, Jordan’s passions include being photographed next to an American flag.

What Is Truth

For the last month, various parties involved in the lawsuit against the Waco Twin Peaks franchise have been arguing that the Waco Police Department and the Texas Department of Public Safety should be compelled to produce law enforcement records pertinent to the incident; including records that would reveal the police “intelligence” that prompted cops to quarantine the parking lot and install video cameras to memorialize what might happen. The parties trying to get access to the police records include the Twin Peaks and the estates of Jesus Delgado Rodriguez and Matthew Mark Smith who were both killed that day.

According to Waco Police documents, police expected a confrontation between about 55 Cossacks and members of a Bandidos support club named Los Caballeros at the Twin Peaks a full month before the deadly brawl. An official account of that night states: “…on this night, the McLennan County Sheriffs Office had a large force here with jail vans, game wardens, constables, and the Sheriff himself. No conflicts happened this night.”

After the tragedy, Waco police “gang intelligence officer” Jeff Rogers, who was Waco’s “detective of the year” in 2014, wrote: “We thought there was potential for possibly fights, but nothing like what took place…. In my mind I expected some tension, some arguing, pushing and shoving, fights, I didn’t expect that.”

Charlie Olson

So far, the police have refused to tell the truth about what they knew, when they knew it and what they did. They are represented by a shyster named Charles D. Olson, who is the same blowhard who represents a defendant named Abel Reyna in the various, federal, false arrests lawsuits that are now on hiatus in a federal court in Austin.  Federal District Judge Sam Sparks decided a week ago to stay further proceedings on those lawsuits until Reyna, the McLennan County District Attorney, gets around to trying the more than 150 defendants he had arrested for criminally conspiring to eat brunch at the Twin Peaks on the day of the brawl.

The result of Sparks’ stay is to conceal the identity of “John Doe,” who is the state or federal agent or agency who instigated the confrontation at the Twin Peaks. Sparks, who is now a candidate for the hotly contested Stupid Texas Judge of the Year Award, fatuously told the complainants’ attorneys “Plaintiff’s counsel, at this point, should have had sufficient knowledge to determine who to sue.”

Yes, judge. Good judge. That’s exactly right. Here’s a pig’s ear to gnaw on. Except, the reason why they don’t know who to sue is because Waco and the Texas Department of Public Safety have been lying to everybody and stonewalling everybody for the last 475 days as if nine deaths and 175 ruined lives was just another, everyday rape at Baylor Baptist University.

$500 An Hour Lawyer

Late last month, in a motion asking that Judge Jordan put his stamp of approval on the continued, official omerta, Olson argued that the law “does not require a court to compel discovery of law enforcement records if a showing of relevance and specific need is made; rather it provides that the court may do so. The language of (the law) itself shows that the Legislature left the decision to the discretion of the courts, but only if the party seeking the discovery first shows relevance and specific need.”

“Disregarding the word ‘may,’ and asserting that all one has to do to overcome the privilege is show relevance and special need, would be contrary to the language of the statute.”

“Therefore, a proper reading of the statute is that the party seeking discovery must show relevance and specific need before a court even has to exercise its discretion (mandatory part of the determination); and if a showing of relevance and specific need is made, the court then decides whether to compel production (discretionary part of the determination).”

Of course, it is possible that Olson just has a very odd sense of humor. Maybe he is channeling Bill Clinton. But beyond this potential hilarity, it might be less absurdly argued that it is impossible for the parties in this lawsuit to prove what Waco is hiding without opening the big box Waco likes to hide stuff in first.

Olsen laughs that off with: “Apparently Peaktastic’s (the Twin Peaks) position is that, in an ongoing complex criminal case involving well over 150 suspects, reams of information, and sensitive information; all it has to do is request essentially everything, as to every: suspect; witness; officer; item of evidence; item of communication; item of intelligence; investigatory product; etc., and the burden shifts to WPD to comb through everything, and identify as to each and practically every specific item in the whole case why the law enforcement privilege is applicable. That is illogical and unreasonable.”

Of course. All those reams of information. All that investigatory product. It would be illogical and unreasonable to search through all of that. Because the best place to hide a leaf is in a forest. And, it is almost autumn in America.


24 Responses to “Waco Day 475”

  1. rw Says:

    My lawyer has been sent 2 large hard drives full of stuff. When I say stuff that’s just what I mean, stuff that doesn’t have anything to do with anything. Oddly the 1 video we wanted to see wouldn’t work. My brothers lawyer has the same issue.

  2. wilson Says:

    In particular, I’d like to see the full run of tape of the camera at 4:24 of this Ed Lavandera CNN report:

    This camera would seem to have a good view of the portion of the incident that isn’t visible on the dash cam or the pole cam. This camera is above the height of the SUVs, and I think it’s probably mounted on the peak of the entryway roof at Don Carlos.

    The footage here is blurry, though I suspect that’s something about the copy CNN received, or their editing process, since the camera would be of little use if it gave blurry pictures of its own foreground.

  3. wilson Says:

    I still don’t understand why no further videos were released (well, leaked). There were clearly more cameras trained on this incident, including some that had better coverage of some of the people who went down. I have to assume the various bikers’ lawyers have received them.

  4. Gandalf Says:

    @Geezer TY Yes, Of course I would.

  5. Base Says:

    Clinton Stooge Lynch shows us why the DOJ is FUBAR!


    The 2nd video is just a bonus. Enjoy.


  6. Geezer Says:

    Kenny, if you’re really a 1%er then you’ll know what I’m talking about! First, I shouldn’t type when I’m baked. So, no “shit” here and no coward behind the keys. When you retire and then read one post after another of sympathy for MCs being wronged by the pigs, it gets old. This is all old news in a new wrapper. They are always after us, but we’re not afraid. We don’t hide behind “getting paid” (although we do take it) nor do we run to the ACLU to take care of our business like the 99. No Stroker, no criminal activity here…just good business. We have always taken care of our own business. Our business gets done…and every poser helps…wether he wants to or not, weather he knows it or not. When Gandolf stumbles into my old club, he will show respect…So, what am I? A little pissed at internet BS, but nothing to prove. ALL good now.
    – Geezer Out

  7. Kenny 1%er Says:

    Hey Geezer…did u read the book? If ya can read ya would know what im talking about. As far as bit…talking shit in here is for cowards. What are u?

  8. Gandalf Says:

    @Geezer Newsflash: The only crew got “bit” were the Non-1%er Cossacks. So Far. The Next Crew that gets Bit is Waco PD, DA and Taxpayers. The way I see it ALL Members of the COC&I arrested that day had good political reason to be there and are gonna GET PAID! Hmmm???? Imagine that. “But you’ve got your parties muddled up. There’s no pussy here, just a dose that’ll make you wish you were born a woman.”

  9. stroker Says:

    Ahh. “geezer”……..YOU are the typical “hate all bikers” expert. You loudly proclaim all bikers and especially 1%ers to be what, “criminals?”
    Right? That’s your point right? Spout your drivel on here in the hopes others who crawl in your slime will agree that all 1%ers deserve some comeuppance, just because they ARE 1%ers. Maybe get new readers to see your “expert opinion” thrown on Rebel’s wall as if you are our life judge.
    I usually count on Phuquehead to lambaste deserving contributors to this site, but with apologies to him: FUCK you Geezer, you worthless piece of self-righteous, holier-than-thou air-waster. FOAD motherfucker!

  10. Geezer Says:

    So, Kenny thinks the “red and gold” got a bad wrap…no evidence? Let’s be real – the “red and gold” like all 1% clubs get what’s coming to them. There are no rules fool…don’t be playing the game and then bitch when you get bit…

  11. Gandalf Says:

    @ Kenny I hope you don’t mind that I used some of your words to distribute over the Internet. “Waco Twin Peaks Bottom Line: The ATF set their sights on the Bandidos. They didn’t have much after years of investigation. So they decided to make some real time evidence. This goes on all the time. What really worries me is there isn’t a single News Story about it anywhere. They endangered the People of Waco by orchestrating the gun fight, convinced the Waco DA to arrest them all to get their Cell Phones, and Left The Waco DA (and people) hanging in the wind. To this day the Federal Government Police spin (Propaganda) machine runs cover for them arresting mostly Innocent Texans by keeping it out of the News.”

  12. Kenny 1%er Says:

    After reading the book. (ThanksRebel)This whole thing was another atf debolical. Just like the killing of those children down the street years ago. The atf set their sights on the Red and Gold. They dint have much after years of investigation. So they decided to make some real time evedince.This goes on all the time. What really worries me is there isnt a single refence to it anywhere. Only here!!! Thanks Rebel.

  13. xplor Says:

    This has taken a very strange twist. None of the bikers that were not arrested at Twin Peaks has come forward to name the undercover in their club.
    For a while it looked like someone in the D.A.s office was trying to help by accusing the bikers of killing Bloody Bill Anderson. You are thinking it was Dead eye Jarrett are you not ? We know law enforcement had a plan and trained for the day. The Waco police talk about crossfire and kill zones. The real crime is transparency.

  14. Big Ang Diamondback Says:

    Rebel, and the regulars.
    Hope you had a relaxing Labor Day weekend.
    -Big Ang NY

  15. david Says:

    Pig attorney Olsen, and pig attorney-judge Jordan, by way of the People and so=called “representation” attorneys, need to be made aware of: irrespective of any Security Act passed by a bunch of no good attorney-legislators:

    1) The Federal Consti. was not written with an expiration date, was written by and for the People, not pig attorneys who don’t know the meaning of the word “work”.

    2) The common-law(not statutory) never overturned case ruling in Miranda v Ariz.(1966) which states, ” Where rights secured by the Federal Constitution are involved,there can be NO rulings or legislation which would abrogate them.”

    3) The state, federal, and local gov. belong to ALL the People, not to just a bunch of scum-sucking attorneys who usurped the gov. from them, and think and act like they(read:attorneys) own it. Fuck them attorneys.

  16. Jim Jones Says:

    Reyna has a “Safe Place”, it’s around Judge Matts “Johnson”!

  17. Elmo Blatch Says:

    You evil little cocksucker. May you die scared, alone and in agonizing pain.

  18. LoneWoofwoof Says:

    I can embrace a good conspiracy theory as well as the next guy, but at the end of the day there is an equal likelihood that someone chatted up to the “police” about something going down at Twin Peakes. As always, loose lips sink ships.

  19. Paladin Says:

    I do not advocate unnecessary violence toward others. However, the Texas judicial system is systematically removing all other viable options for a lawful redress.

    Those intoxicated with power, chose to ignore the fact that the most dangerous of men are those that have nothing left to lose.


  20. joseph plyler Says:

    All this falls under the National Security Act. Being branded an Outlaw Motorcycle Gang takes away all the club members rights. The Fed.agencies can monitor all message traffic and use National Guardsmen in servielance and backup in tense situations,such as arrests.They were at Twin Peaks but it will never be admitted.When the Feds are involved,before a hearing or trial,the presiding judge is briefed by a Federal prosecuted as to how evidence was gathered,then given a paper to sign,acknowledging he has been briefed,and he will be charged with violating the National Security Act if he/she permits how discovery was made/found. We don’t have any rights;they went down the drain when our law makers passed the National Security Act.

  21. IronRider Says:

    Law Enforcement has lobbied the Texas Legislature to pass laws making it up to law Enforcement entities the right to deny FOIA requests on police incidents if those agencies deem it confidential.

    This is bey design so the Law Enforcement doesnt have to turn over information under the Freedom Of Information Act when it has been requested. Think about that…Law Enforcement would get to pick and choose what it will release and to whom and there would be no real recourse for those requesting the information other than the courts and even then they can still point to laws that were passed by State officials.

    Everyone knows the cluster fuck that the Waco cases have become, you have Reyna stating that ” future technological advances may allow us to better process evidence” Uh… Say what? If Reyna and Co. cant figure out their case s with so much of the cops own video footage, surveillance camera footage from twin peaks itself and the surrounding businesses, witness statements etc how the fuck cant they still not know what evidence they have or dont have. There is no way it should take a 1-1/2 years to get ballistic evidence ( oh wait maybe the cops shooting all those unarmed people in Texas has cause a backlog )

    Besides either a state or Federal agent or informant working inside one of the clubs to ignite and fan the flames of all out club war which Law Enforcement had been doing since before the incident at twin peak occurred just goes to show you there is much for Law Enforcement to hide from the public.

    Law Enforcement still has not said how 9 people were shot and killed and by whom, and other then the idiotic doom and gloom scenario perpetrated by Swanton to any one with a press pass it looks like, the stalling and bullshit will continue on.

    Remember Swanton was front and center making sure he perpetrated the myth that the media and public needed to stay far away and danger was in the air and MC’s were rolling towards Waco armed to the teeth hell bent on revenge and how Officers were in jeopardy and the public should hide in their basements or fall out shelters until law Enforcement wins the battle to end all ages.

    Of course there were no armed to the teeth bikers on their way to Waco despite Swantons claim, not one motorcycle was shown or stopped on the way to Waco afterwards either, funny how that played out. Or could it have been a way for Law Enforcement to collar witnesses, see whose story matched their version of events and dismiss those folks whose stories didnt match law enforcement version and make sure those folks didnt speak to the media. One has to wonder.

    The fact that those arrested cases are in limbo after all this time shows how fuckin weak the evidence is against them and Reyna and Co knows this and are trying to drag it out and break people financially and emotionally in hope that some will just want to get this over with already, so they can get their lives back.

    Reyna and Co know this and when it’s the taxpayers money you can play the big man tell the wheels fall off because that 500 dollar an hour lawyer Reyna has isnt being paid for by him, if it was do you think all this stalling and posturing would be going on.. hell no!

    There is a lot of collusion going on in this case and you can see it in the rulings and games the judges are playing. Is there some aspects of it that are right in some legal perspectives, yes, but there is a lot of it that is nothing more than an obfuscation to keep those accused and the crimes law enforcement committed that day hidden from the public and defense counsel’s.

    Defense lawyers are just going to have to file and file and file motions and then work their way to an appellate court where they might gain some traction, because Texas judges are just going to keep on playing the old boys club rules.

    What irks me the most is how a lot of the media which seems to kiss law enforcement ass and swallow what they are given by Texas Law Enforcement agencies press officers with “their” version of what has occurred in not only the Waco case but officer involved shooting’s period. No questioning about why nothing has happened , no investigation of the events that transpired at Waco, no petitions to the court or FOIA requests to find out what it is law enforcement is trying to hide…zip! Other than Rebel who has been like a dog digging for that bone, and digging and digginga… there have been a scant few outlets that briefly questioned why the hold up but cant be bothered any further.

    Another thing that pisses is me, is where is the ACLU in all this, where are the Criminal Lawyers association and why arre they not pressuring the State of Texas and Reyna and co about the accused rights to see the evidence against them? Why have those groups not chimes in at all on this? IS it because these people are involved in the MC life? Are they not black enough? Are they less deserving because they ride a motorcycle? Or is it because these folks just dont look good enough for a headline in the media. For organisations like those that are supposed to stand for people’s rights, looks like they pick and choose who they will stand up for.

  22. jonny sumo Says:

    Rebel; England is certainly foreign….exotic? not so much…
    respects, J

  23. Nuke n' Pave Dave Says:

    Putting up cameras et. al. and amassing a substantial force on the “suspicion” that something MIGHT happen somewhere seems a bit over the top. The unasked question here is whether or not these cops somehow initiated this incident. They sure as hell had everything they might ever need there. Well, except for backup from Fort Hood maybe… If they did somehow initiate enough of the upcoming events to insure that their efforts wouldn’t be for naught, wouldn’t that be something they might want to hide? I remember when the Portland, Oregon cops attacked Brother Speed MC at the Slow Pitcher Tavern. They stonewalled to no end rather than admit it was a gang attack on an MC right up until a judge (can’t remember if he was fed or state) demanded they produce all relevant information. Portland wound up paying through the nose on that one! Bruce Baker (yes, the same one who initiated the Watts riots!) picked that fight. I have to wonder if this is gonna be deja vu all over again here. We can only hope…


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