Waco Evidence Dumps

November 7, 2016

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Waco Evidence Dumps

A massive, possibly unprecedented, evidence dump is underway eighteen months after the Waco Twin Peaks biker brawl.

Just as the best place to hide a needle is in a hay field, the best place to hide evidence of a criminal defendant’s innocence is in a so-called evidence or data dump of mostly irrelevant or legally inadmissible information. On Saturday, the Waco Tribune-Herald reported that a recent dump included “700,000 pages of cellphone records, tens of thousands of photographs and” some unknown number of “Facebook posts.”

The Waco paper’s report also included the allegation that, “The DA’s office recalled the sixth round of evidence last month after it was discovered some of the bikers’ cellphone images that were released contained child pornography.”

The Tribune-Herald did not question whether the alleged pornography was actually prurient or was snapshots of toddlers in bathtubs. There is no way to verify the allegation except to look at the public record. As of today, none of the 187 people who had their cell phones seized after the May 17, 2015 brawl have been charged with possession of child pornography.

As of yet, no attorney in the case has filed a motion to discover which phone or phones contained child pornography but such a motion is pending.

Cell Phone Searches

Further, the constitutionality of the cell phone searches is dubious. In a case called Riley v. California in 2014 the Supreme Court ruled that police must obtain a warrant to search a cellphone. Waco officials did obtain warrants but the warrants were issued without valid probable cause. The mobile devices were seized as part of an unconstitutional general search.

Virtually all police forces possess hardware to extract information from mobile devices in minutes. The hardware generally costs between $100 and $7,000. It is also inconceivable that Waco police would not share the data they harvested with state and federal authorities. Those authorities have even more sophisticated hacking aids than the Waco police have. So it seems highly unlikely that if there was child pornography on a seized phone investigators would not have noticed it until last month.

Maybe prosecutors are simply stalling, as they have been for the last year and a half.

Constitutional Issues

Stalling cases is one of two main reasons why prosecutors use evidence dumps. The other is to increase the likelihood  of a conviction or plea deal by denying defendants the effective assistance of counsel guaranteed by the Sixth Amendment. The Sixth Amendment states: “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.”

The Twin Peaks case is riddled with constitutional violations.

It seems reasonable to argue that the entire Waco prosecution is in violation of Article One, Clause three of the Constitution which prohibits “acts of attainder.” The case began with the unilateral declaration of a two-bit politician in Waco that wearing  articles of clothing that bore certain words or symbols would henceforth be punishable with  incarceration, a $1 million ransom and forfeiture of personal property. The searches that were executed to prove the defendants guilty of this made up crime were probably, also additionally, violations of the Fourth Amendment. The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Grim Numbers

Public defenders in the Waco case are being paid $75 an hour for in-office work and an additional $5 per hour for appearing in court. According to the McLennan County Auditor as reported in the Tribune-Herald, so far about 70 attorneys have been paid about $62,000  That means that so far, each of those attorneys has spent about a dozen hours on the case. As of September, the evidence they were supposed to review on behalf of their clients amounted to about one terabyte of data. For reference, one terabyte is equivalent to about 85 million pages. So typically, as of September, each defender would have been expected to review about seven million pages of discovery an hour.

The evidence released as of September 2 consisted of five “rounds” or five separate evidence dumps. An informed source The Aging Rebel considers reliable, said that an outline (a simple table of contents) of the first two dumps, shared by multiple attorneys, amounts to 165 pages. Evidence dump six, which was recalled because it contained the alleged child pornography, amounted to 1.2 terabytes of information and took about 24 hours to download.

Evidence dump seven is imminent and is expected to amount to a little less than one terabyte of data.

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43 Responses to “Waco Evidence Dumps”

  1. david Says:

    In Texas, the verbal pig-shit streaming from Waco Sgt. Swineton’s mouth for days on gov. TV and Reyna’s mouth afterwards, now has been raised by another FIRED pig in San Antone from the word level, to the new level of actual shit.

    In a determined effort to find new and creative methods of violating the public’s unalienable Rights, the Texas pigs are now so full-of-shit,one Fired San Antone pig-officer could not restrain himself, and gave a poor, homeless man in the same beautiful city, a shit-sandwich.

    The fired pig of course, is attempting to be re-employed for reasons maybe he doesn’t know. A person couldn’t even make this shit up.

  2. xplor Says:

    Be careful not to step in the steaming pile of data. The prosecution has revealed its plan.
    The first bike rider up is Jimmy Rosas a welder from San Antonio area who wants the respect ofthe Valerosos motorcycle group . He most likely got up early and drove to Waco getting there before the restaurant opened to check things out and he came loaded for bear. The prosecution will put Marty Lewis on the stand to say what is needed . Compare a 32 year San Antonio Police Pension with 1 year Valerosos
    membership. Can Tom Clarke overcome the odds ? How do you think it will go down ?

  3. Mike Smith Says:

    It reminds me of the movie The Anderson Tapes. I think that what they are hiding is that they wanted a riot and ended up with a mass murder. Under “The Pinkerton Theory” whomever puts something into play is responsible for it until it stops.

    So while they would be openly criticized for fomenting a riot to create arrests, they are criminally and civilly liable for nine counts of murder.

    And I hat that there is no single hub for the public to go look at the documents. Even if they are uninteresting.

  4. Rebel Says:

    Dear Mike,

    No. These documents except, for the most part, what has been excerpted here or in The Twin Peaks Ambush, are all very, very secret. This is a secret case, which suggests the question, Why? What is the prosecution hiding? And why are they hiding what they are hiding?

    Rebel

  5. Mike Smith Says:

    Does anyone know it there is a public access point to these records and such?

    If there is a public access point, then thousands of people pouring through these documents would grind that grist in short order.

  6. James Crawford Says:

    Interesting timing. I just got a document dump from the Sheriffs office of Washington County Oregon concerning five cases of arson on properties owned by the Tualitin Hills Parks and Recreation District. Three of the fires were on property adjacent to mine. Because THPRD had been waging war for over a dozen years to prevent me from selling my property for urban development sonthat they could buy it for a park for pennies on the dollar or just confiscate it, everyone was accussing me. My arrest would have enabled civil forefeiture of my property. As I explained to the detectives, I am so pissed off that if I had resorted to committing five counts of felony arson, I would have been torchihg THPRD headquarters while the staff was meeting for their daily circle jerk rather than their abandoned, dozer bait houses. It turned out that the arsonist was one of THPRD’s own security guards.

    I just received about three dozen CD ROM discs as well as a few dozen pages of documents. Among the gold hidden amongst this dross was a police report documenting the efforts of the head of THPRD security to obstruct the investigation by concealing evidence that implicated his guy. I also have video of an interview with this prick in which he attempts to implicate me.

    Inwill be ripping the parks district a newass hole.

  7. Mercyful Fate Says:

    Big data dumps. Similar to our recent election wherein every analyst, every poll site, every “journalist” and news channel predicted an easy Hillary win based on all their data.

    They were all wrong. This fiasco is much worse.

    Fuck the entire Waco crime regime and the puppet masters behind it all.

  8. Gandalf Says:

    @joseph I’m sure there will be Pic’s of the weapons AND dead to “inflame” the jury. We kinda know that’s all Reyna has because of the “under aged porn” pics that were supposedly found on the cell phones… The DA is still prepping the Jury pool. Defendants, (IMHO) can’t just rest believing the DA didn’t prove it’s case. They will need to show the Jury who was responsible. I’m thinking lot’s of lazy Lawyers will simply rest without putting on a case. That might be dangerous in Waco. I’m sure the trial batting order, (sometime in the year 2525)will not put Mr. Broden 1st. They will pick the weakest Lawyer and strongest case. 1st case is VERY Important. IMHO

  9. rw Says:

    For the most part LE doesn’t know who had a weapon and who didn’t. When we were being held in groups they said if you have a weapon lay it here. So most weapons ended up in piles on the ground. The WPD officer watching my group made mention that all that stuff looks legal. I don’t know how he could say that looking at piles on the ground but that’s the way it went.

  10. joseph plyler Says:

    It would be nice when trial starts for a defense attorney to ask the judge if he has been briefed privately by a federal agent as to how all this evidence was gathered,then given a paper to sign acknowledging he will be prosecuted under the Homeland Security Act if he/she let’s it out during trial.That attorney will be scoulded and dismissed.During trial,expect all confiscated weapons to be displayed prominately in front of the jury,even though the person on trial never had a weapon. Gotta make all look criminal. Enflame the jury.

  11. R&R Says:

    @NCRIDER
    I have read the two books you mention. Perhaps I need to re-read. I’ve lived in Texas well over half my life and saw Waco coming as far back as 2010. Just gut punches me to see how this is playing out.

    @Rebel
    I’m reluctantly becoming a believer. Not about the cover up, but the fact that it’s succeeding in the face of exonerating evidence that definitively clears folks defies belief. Keep posting what you post – maybe the truth will prevail. My optomism meter is dialed to low.

    R&R

  12. Dave Says:

    The rats are creating a mountain of shit to hide in… should we have expected anything less from them.

  13. NCRider Says:

    R&R – If you have not already done so, purchase a copy of Rebel’s book: The Twin Peaks Ambush: A True Story About The Press, The Police And The Last American Outlaws. If you truly have an interest in Waco and want the truth, reading this book is a necessity. It is well worth the few bucks you’ll spend. Just my opinion.

    Respectfully,

    Cathy

  14. Rebel Says:

    Dear R&R,

    It is simple. There is a coverup. There has always been a coverup. A multi-agency federal task force, hiding behind the Texas Department of Public Safety, premeditated and instigated a confrontation between the Cossacks and the Bandidos in order to build a better RICO case against the Bandits. Mistakes were made. Nine men died. Many six figure jobs may be lost if the truth comes out. So, there is a coverup.

    Rebel

  15. corrupt Says:

    Definitely like new posts at the top.

  16. NCRider Says:

    Yeah, you’re right, Rebel. It is easier to read the latest comment. It just takes me longer these days to remember changes in my old”er” years. I aint complaining…just don’t go nowhere!

    Respectfully,

    Cathy

  17. The Kraut Says:

    First time I noticed the order was flipped I was nicely baked and I blamed it on the bud.

    Does read easier…thanks Rebel

    Respects, The Kraut

  18. R&R Says:

    Thing that continues to confound, confuse and completely piss me off is the fact that you have – on video no less – unarmed people scrambling for their lives as shots break out. How are these folks guilty of anything? All this metadata, it doesn’t point to guilt. Video alone exonerates about two thirds of attendees and their right to a speedy trial is being violated. These are the folks who have a chance at suing the fuckin’ corrupt Renya et al and God, hope they win.

    R&R

  19. Trash Says:

    Rebel
    I have a notepad document called “Notes” set up on my desktop using the same format you now have: Newer entries on the top, older going down. If you could put a small link to this “Leave a Reply” section right before the “Responses to:” title, the new format might be even better.

  20. stroker Says:

    Rebel, I too like the new format.

  21. rollinnorth Says:

    Most recent at top saves scrolling, scrolling, scrolling through comments. Thanks, Rebel.

    Respect.

  22. trebor Says:

    Just read the Rebels book Twilight of the Outlaws.A wakeup call if there ever was one

  23. Rebel Says:

    Dear Phuquehed,

    I reversed the order of the comments because I thought it would make it easier on readers, in the longer comment threads, to talk to each other.

    Give it a few days.

    Rebel

  24. Rebel Says:

    Give it a couple of days. I thought it would make it easier on commenters. If I set it back, it is likely to scramble comments for a while. Just try it. You might like it.

    Rebel

  25. Hangaround Says:

    Rebel,

    What Phuquehed says. The comments section is now running with new comments at the top. Don’t know about others but I feel like I’m now reading this from China, upside down.
    Could you possibly set back to the old style listing?

    Thanks,

    Hangaround

  26. Gandalf Says:

    Q- Did the Waco PD stop a protest because of a “Perceived” Danger? Edit: The cooler with the “bomb” in it. @ PBooth Yes but search for offensive stuff. The best Defense is a good Offense. If a DLawyer thinks He/She can walk into a Waco Jury and simply rest because the PLawyer has not proven His case He/She is wrong and Reyna is hoping for just that… They are playing the Jury game. Lots of people get convicted because a DLawyer thought the PLawyer did not prove His case…. Y’all gotta show who was responsible or the Propaganda effect will convict.

  27. Gandalf Says:

    Q- Did you have Intel information that the Cossacks and Bandits were “at war”? Q- Were the the Bandidos were members of the COC&I? Q- Were the Cossacks members of the COC&I? Q- Did the COC&I reserved the Patio? Q-Did you see the Cossacks on the reserved Patio in force? Q- At what time did the Cossacks arrive? Q- Did you know the Bandidos were “in route”? Q- What time did the Bandidos (Main group of COC&I members) arrive? Q- Did you expect a confrontation? Q- Did you feel there was an “actual” danger when you saw the Cossacks on the Patio and knew the COC&I members were on their way? Q- Could you see people with weapons on the Patio? Did you see my Client with a weapon? Q- Did any Video show my client with a weapon or attack anyone? Q- Is it the WPD policy to wait for a “actual” danger to happen or to stop it? Q- Did the Waco PD stop a protest because of a “Perceived” Danger? …… Yadda, Yadda, Yadda. Placing the blame on the Deaths where it belongs. LE

  28. Phonebooth Says:

    I’m no lawyer (I have a conscience) but it seems like the only defense against evidence dumps is to ignore them, and wait to see the evidence they present, then rebut as you can. This is done in even civil trials. Good luck guys.

  29. Gandalf Says:

    @rw What I am saying is to simply prove your Innocent might not be enough. You gotta give the Jury someone to blame.

  30. Gandalf Says:

    @rw “Did get some pretty grizzly photos.” These Photos will be admitted at trial to shock the Jury who will want someone to pay for the deaths. If I’m you my WHOLE defense is based on giving them just that…. LE.

  31. Mike 184 Says:

    What I would worry about with all this, who is to say they didn’t withold info that would exhonerate most of the defendants and make their suits more viable or provable. I would be fairly sure that they didn’t include things that would incriminate Renya, or some other state officials.

    Not too different from their tactic of hitting us with 20 charges because they don’t have really have anything to make the one they want to stick. Then when it get presented to a grand jury they think “well with all that they have to be guilty of something, lets go with this”….

    Damned shame. Watch your 6….

  32. rw Says:

    My lawyer and I spent an afternoon going over the first hard drive those peckerheads sent. After about 4 hours I asked what the hell does this have to do with me? His reply. Nothing that he can find. We couldn’t even find my name mentioned anywhere. There was 1 picture I was in of a group of bikes riding thru the parking lot. I would bet dollars to donuts they don’t even know the names in that pic.
    One of the items sent was a report written by an officer that was called in after the fact. It explained what he was doing when he got the call. How long it took him to get ready and get there. Who he reported too when he arrived and what he was given to do. There was all sorts of crap like that.
    Up to now there have been 3 hard drives sent to us. All with crap just like the first.
    Did get some pretty grizzly photos. Some were taken of bodies on an autopsy table.

  33. Paperslice Says:

    Too bad they can’t dump the data online for internet sleuths to go through like they did with the steven avery case on reddit.

  34. NCRider Says:

    Lol Phuquehed. I’ve been waiting for someone to comment. I can’t get used to it either.

    Respectfully,

    Cathy

  35. Paula Carroll Swann Says:

    They are waiting tax dollars on BS.. trying to overload defense attorneys in uniform paperwork. .

  36. Phuquehed Says:

    BTW, hey Rebel…did you set it up on purpose that the comments are now going bassackwards from the usual of the past many years?

  37. Phuquehed Says:

    Fuck you Reyna, you corrupt piece of shit. Any shitbag stunt to try and cover your sorry ass. It’s amazing you have a wife. She must be blind, deaf and have no olfactory senses to be able to put up with such a shit-stain as you. The best thing you could do for this planet, is contract some deadly and preferably painful in the extreme disease. The sooner the better. My next wish would be to see on some news site that that air-wasting rag, the Waco Tribune-Herald, burned down…and with the fucktards they call ‘reporters’ and its editor(s) stuck inside, since they’re no less corrupt than Reyna and Co (or they’re just insanely stupid and take whatever handouts Reyna is giving them since they can’t figure out anything on their own).

  38. IronRider Says:

    Obfuscation is one of the oldest tricks in the book and by burying and burdening defense counsel’s in reams of paperwork is nothing more than a stalling technique designed to frustrate and run up the costs to the client.

    The mere fact that Reyna and co have decided to dump the reams of garbage is all designed to bury the defense counsel and it’s staff with hours and hours of looking thru all of the garbage. Think about it if you are paying for the lawyer representing you and he and his staff have to sift thru it all to find what is relevant, your talking hundreds of hours of billable time.

    This is Reyna still thumbing his nose at the right of an accused person to have access to the evidence against them. It’s obvious from what Rebel stated is that these so called dumps are going to be nothing more than some relevant but mostly garbage information.

    Reyna and co will happily point this out and put out a press release stating they did what they said they were going to do and give disclosure to the defense counsels that are involved in these cases, and more than likely Johnson would give Reyna a pat on the back for it.

    My opinion is this is an abuse of process and an ethical and procedural violation of the code of conduct for an officer of the court and a violation of the duties of his office, Reyna though will say different.

    I am more than willing to bet that these so called data dumps have minimal evidence to convict even a few of the 177 people charged. If this so called dump of evidence was so important it would have come out way sooner, this is more of a stalling technique to buy time but make it look like Reyna is filling his obligation.

    If I was the defense counsel I would turn around and use these very dumps to bury Johnson and Reyna in to trying to clarify and quantify how and what is relevant to their clients. Dump reams and reams of paper and Johnson and Reyna and make them have to sift thru it, and answer specific questions about it, cause there is now way Reyna and co have sifted thru all this, they just went and assembled as much garbage as possible to thwart the defense counsel in moving to get trial dates and in regards to the progression of lawsuits that have been filed.

    This is more than abuse of process and the rules of court this is a violation of an accused rights to see the evidence against them. I would be willing to bet that most of these dumps are going to contain anything worthy that will find any defendant guilty.

    As for the child pron, I will buy that when I see it. If there is one thing that Reyna and Co dont seem to understand is that there is people form all walks of life that would beat someones ass down for having anything to do with CP, and bikers are no different. There isnt a club in their right mind that would allow a pedophile to hold membership in their ranks and I doubt if they did find someone like that in their ranks that he would be shown the door face first ( Al Bundy Style )

    The whole CP thing on some bikers phone sounds like window dressing to make this more audacious then it really is, some like to make a mountain out of a molehill and prosecutors are no different, you can bet this is another obfuscation technique to throw a wrench into the work and more sensationalism to make Reyna’s case sound way more successful then it really is

  39. david Says:

    Dumped by Reyna/Jarrett because they have no evidence to prove guilt of anything, beyond a reasonable doubt.

    “case is riddled with constitutional violations”, The first and most egregious violation, self-destructed Un-Abel’s persecutorial lawsuits. Reyna violated the main text of both State and U.S. Constitutions guaranteeing the absolute Separation of Government Powers inherent therein.

    In addition, his, Sgt. Swineton’s and the biased press’s villain-ization of all attendees, IS the substantive denial of the 6th. Amend. protected Right to a public trial by an impartial jury.

  40. Paladin Says:

    Based on the amount of evidence dumped, I doubt the prosecution has reviewed much of it either.

    Paladin

  41. ocean14 Says:

    Its outrageous its fucking absolute disgrace that this injustice is condoned and tolerated by those elected into office to serve this community in a equitable and unbiased way. Its seem that this whole fracas was intentionally orchestrated by narrow minded zealots. The collusion between select authorities to distance and exonerate themselves, reveals there true gutless character. The process is tainted with self interest and I only hope those spineless leeches, are truly exposed and brought to justice for the atrocities they committed. You can’t break the law to uphold it and kill innocent people without consequences…….

    Live to Ride

    Ride to Live

    Oceans14

  42. Sieg Says:

    Discovery dumps are wonderful things…for the FedCoats. Just as a small example, when i got popped, i was assigned the oldest practicing Fedral Pretender in the state-92 years old. Half-blind, mostly deaf, on the several occasions i actually saw him, he didn’t know if he was talking to me or my rappie.

    When i scrounged up the money to hire an actual lawyer, the Feds dumped something like two dozen DVD’s of audio surveillance on him. This was 18 months of recorded conversation, background noise, parties, whatever. But it ALL had to be listened to and analyzed. This is at $150 an hour for a paralegal, and $400 an hor whenever one of the attornies had to get involved. Ot of all of it, my name was mentioned exactly twice, both time by the rat making the recording. The first time, he asked if i had been invited to a birthday party, the second time he asked if anyone had seen me.

    Heavy stuff, but to get that little bit of info-that there was no recorded evidence of my being involved in any crime-cost me probably 10k. Magnify yhat by the amount that has been dumped on these poor bastards and it’s enough to take your breath away.

    There is no solution to this type of shit in any court, save the one held under a lamppost.

    FTF / FTP
    TOSIAR

  43. Leonard Goveia Says:

    Would like to think this is going to end well,but if the past is a predictor of future behavior of DA’s then this will end badly for all the brothers..This is just fun time,job security for state lawyers..Is it Right & Just ?,FUCK NO..but it is fucking reality..wish the brothers the best

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