There is a quote, generally attributed to Albert Einstein – although Einstein never actually said it – that insanity is doing the same thing over and over and expecting a different result. Maybe the most prominent defense attorneys in the “Battlle of Twin Peaks” case have now gone mad.
Yesterday morning Clint Broden, who is the most aggressive and persistent of the defenders in the case, “filed a Petition for Writ of Mandamus asking that the (Texas) Tenth Court of Appeals review the District Court’s refusal to disqualify the office of Abelino Reyna from prosecuting his case and to appoint an independent and unbiased prosecutor to take over the case.” A writ of mandamus is an order that compels a public official to obey the law. In this case, if granted, McClennan County Judge Matt Johnson would be ordered by a superior judge to remove McClennan County Prosecutor Abel Reyna from the case.
Judge Johnson is Reyna’s former law partner and throughout the case he has aided and abetted Reyna, as the Tyrant of the Brazos Valley has maliciously prosecuted, falsely imprisoned, obstructed justice and tried to cast himself as a victim of the outlaw motorcycle gang lobby.
Oh No Bandidos
Most of the world has a superficial understanding of what happened at the Twin Peaks restaurant in Waco on May 17, 2015. About 70 members and supporters of the Cossacks Motorcycle Club crashed a meeting of a political action group called the Texas Confederation of Clubs and Independents and stole all the chairs and parking spaces. When a small group of Bandidos Motorcycle Club members rode up on their motorcycles the Cossacks surrounded, harassed and threatened them and a brawl ensued which quickly turned deadly. Local and state police had anticipated the brawl and took great pains to record it and did nothing to prevent it. At least four and possibly five of the dead were killed by police.
About seven hours later, Reyna, who had participated in the investigation, decided to arrest 177 people without probable cause. The Bandidos were the subject of a federal investigation at the time and the propaganda blitz that followed the worst brunch ever was intended to demonize the Bandidos as a public threat. The confrontation was almost certainly encouraged and possibly planned by the two federal agencies that have acknowledged investigating the Bandidos, the FBI and the DEA, and probably involved the ATF which is the federal police force that specializes in infiltrating and prosecuting motorcycle clubs and which had raided a Cossacks clubhouse just a month before the brawl at the Twin Peaks.
Since then, Reyna has probably acted on behalf of the Department of Justice. The ATF in particular probably cannot survive another Operation Fast and Furious. Reyna had most of the witnesses arrested. He has actually lied in Johnson’s court about the “intelligence” that prompted the Waco police and the Texas Rangers to loiter in the Twin Peaks parking lot while they waited for the killing to start. He made moot the initial arrests by practically compelling a grand jury comprised of nitwits and bumpkins to indict those he had falsely arrested. And, he has refused to bring anybody to trial. If everybody gets arrested and nobody is allowed to clear his good name, it’s a coverup.
Waiting For Rico
Most people who are even minimally informed about the case have been waiting for it to go federal for a year, and McLennan County seems to be counting on that. Reyna has probably been promised that. Fifteen parallel cases in federal court are stalled until the state criminal cases Reyna has brought are settled. If Reyna can just stall for about another six months, the federal investigation that led to the Twin Peaks brawl will be untraceable – except maybe to some mythical, do nothing entity like Congress. If he hangs on just a little while more, Reyna can turn the whole giant mess over to the feds and concentrate on his reelection. CNN will promote him as “the man who stood up to the most violent biker gangs in America.” It will be a wonder if he doesn’t get a book deal. Kerrie Droban will coauthor. The book will become a movie. This guy has every reason to think that if he can just hang on for six more months or so he will eventually be transmogrified into Benicio del Toro. Then after that who knows. Governor Reyna. President Reyna. Dear Leader Reyna.
A Houston lawyer named Abigail Anastasio and Broden have been trying to break this endless feedback loop by having Reyna removed from the case since last May. Eventually, after five months of delays, the matter of whether Reyna should be replaced by a neutral prosecutor wound up in Johnson’s court in October. Johnson, to the absolute surprise of no one, ruled, Anatasio and Broden’s motions “should be in all things and in all regards denied.”
Reyna gloated, “These rulings are what we have always anticipated. We felt confident that Judge Johnson was going to follow the law and not be side tracked by the ridiculous dog and pony show put on by these two defense attorneys. I am thankful that we can continue to move forward on seeing that Justice is done in this case and for the citizens of McLennan County.”
At that point the patriots who dreamed what this country used to be or the French peasants who grew weary of tone deaf tyranny a few years later would have taken up arms. Broden turned to his word processor and the result was yesterday’s petition for a writ.
Fine Lawyer Words
“We believe that the testimony from the hearing on this matter clearly indicated that Mr. Reyna needs to hand this case over to an independent prosecutor. Broden wrote.
“First, it was clear from the hearing that Mr. Reyna orchestrated the wholesale arrest of the motorcyclists even when all three of the Waco Assistant Police Chiefs on the scene that day correctly determined most of the motorcyclists to be mere witnesses.
“Second, despite Mr. Reyna’s testimony under oath that he had extensive discussions with Waco Police Detective Manual Chavez about the preparation of the fill-in-the-blank arrest warrant affidavits fo the 177 motorcyclists, Detective Chavez testified under oath that he never even saw Mr. Reyna that night. In other words, both gave testimony under oath that completely contradicted one another.
“Third, the civil rights lawsuits against Mr. Reyna create a situation where he must see these frivolous persecutions through in order to embolden his position in the civil rights cases pending against him in Federal Court.
“Finally, although Mr. Reyna testified under oath that he expected McLennan County taxpayers to indemnify him for any judgments in the civil rights cases filed against him, it was later determined that McLennan County Commissioners have made no such agreement with him.”
Maybe all these fine, lawyer words will work this time. Maybe some appeals court judge will read these fine lawyer words and slap his forehead and go “Ah Hah!” Maybe Santa will bring you a lingerie model for Christmas.