Reyna, Durbin, Brady and Blanco

March 31, 2017

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Reyna, Durbin, Brady and Blanco

Prosecutors sometimes know a little less law than my ranch dog Emma.

That was how and why, a few years ago, a United States Attorney named Thomas P. O’Brien declared that “if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.” Soon after, O’Brien left his public service job in disgrace and devoted himself to defending well-heeled, white collar liars and cheats.

That was how and why the loathsome Richard L. Durbin, Jr., United States Attorney for the Western District of Hee Haw, came to confide to the execrable Abelino Reyna – the big brain who ruins lives for McLennan County, Texas – that “he declines to share any information or evidence relating to” the part federal investigators played in orchestrating the Waco Twin Peaks bloodbath on May 17, 2015.

Operation Texas Rocker

Reyna did not release a copy of Durbin’s letter. All by itself, that indicates the extent of the Twin Peaks coverup, which is starting to make the gun walking scandal look like a two bit burglary. So we only have Reyna’s word for it that, “Mr. Durbin has indicated that the information will be disclosed to the McLennan County Criminal District Attorney’s Office once the trial” (that should read “trials,” plural, in the ever-expanding “Bandidos Outlaw Motorcycle Club” RICO case, United States v. John Portillo, et al., are, or as Reyna put it,) “is complete.”

We have Reyna’s word that “Mr. Durbin acknowledges that the federal investigation has information which relates to the events at Twin Peaks in Waco, Texas on May 17, 2015.” And, of course Reyna would never lie because he, like Detective Alonzo Harris in Training Day, is an officer of the court.

Portillo is currently stalled because Durbin has been busy denying defendants in the case representation by the attorneys of their choice and also because the prosecution in this case has recently been expanded to include two old murders that were solved in 2007, eight years before the Twin Peaks bloodbath. Durbin, according to Reyna “acknowledges” that he has evidence that “relates to the events at Twin Peaks in Waco, Texas on May 17, 2015.” But Durbin, as channeled by Reyna, thinks it is legal to withhold evidence.

This is a blatant attempt to create a federal firewall to conceal the details of a joint federal-state “investigation,” called “Operation Texas Rocker,” that was intended to provoke violent acts that might contribute to the Portillo case.

Spirit Of Brady

The issue raised by Reyna’s “disclosure” two days ago has come up before. In February 2016, defense attorney Clint Broden sought details of Texas Rocker pertinent to the Twin Peaks. Durbin had already bragged that it was a “joint investigation by the DEA, the FBI, the Texas Department of Public Safety and the U.S. Attorney’s Office.” Thirteen months ago Reyna said he knew nothing about Texas Rocker except what he read in the Waco Tribune-Herald and he repeated that boldfaced lie again this Wednesday. “It was not until it (Operation Texas Rocker) was unsealed and reported by the media that the McLennan County Criminal District Attorney’s Office became aware of the existence of the federal investigation.”

According to Reyna, he made his extraordinarily stupid declaration that there is  evidence that might prove the innocence of the 192 people he has charged with criminal conspiracy “in the spirit of Brady.”

Brady is lawyer speak for a 1963 Supreme Court case titled  Brady v. Maryland.  The highest court declared that prosecutors must, must, must turn over (or discover) all evidence that might exonerate a defendant (exculpatory evidence) to the defense.

The Law Ripens

The Brady decision has had 54 years to ripen like cheese so simultaneously prosecutors have tested the limits of how this case law may be ignored and defenders have compelled courts to elaborate on the details of what Brady actually means. At its core, Brady means that when prosecutors withhold exculpatory evidence they violate the Due Process Clause of the Fourteenth Amendment. The Court put it like this: ““the suppression by the prosecution of evidence favorable to an accused … violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”

Durbin, according to Reyna, has declared his willingness to relieve himself on our stinking Fourteenth Amendment. So Reyna is left with nothing to do but throw up his hands in joy and croon a couple of choruses of “Don’t Blame Me.”

I’m under your spell
But how can I help it?
Don’t blame me.

Under the ripened and evolved Brady rule, Reyna has a “duty to learn of” and disclose to the defense all “favorable,” “material” information “known to the others acting on the government’s behalf in the case, including the police.” This group is usually called  “the prosecution team” and in his discovery motion filed more than a year ago Brodin used and defined that very term – “prosecution team.”

According to public statements made by both Reyna and Durbin, the prosecution team in the Twin Peaks case includes Reyna, Durbin, the DEA, the FBI and the Texas Department of Public Safety.

Did Morgan Do It

Whatever the feds are hiding seems to be immediately discoverable to the defense attorneys in the case. Reyna has charged everyone in the case with conspiring to participate in an affray yet, curiously, Durbin has not yet accused anyone except the Bandidos with declaring “war” on the Cossacks. Which is it? Who did it? Did Morgan English do it? Would, for example, the evidence the federal government is hiding prove Morgan English innocent?

Thirteen months ago, before he started to crack like cheap paint, Reyna lied that he had no idea what Durbin, the DEA, the FBI and the Texas Department of Public Safety might be hiding. Wednesday, he declared that he thinks that Durbin is hiding exculpatory evidence. For at least 13 months, Reyna has been hiding behind what is in effect a federal firewall. He has said first that he does not know if the Department of Justice is concealing exculpatory evidence and now he has said he thinks it probably is.

Blanco

There are flaws in Brady and subsequent rulings. Under Brady, prosecutors are required to disclose exculpatory evidence in a timely manner. This so called “timeliness requirement” has never been defined. Generally it means evidence of innocence must be disclosed before trial. Since what is happening in Waco is unprecedented, appeals courts have never particularly examined a case in which an entire justice system – including police, prosecutors and judges at multiple levels of government simply refuse to allow defendants to go to court to clear their names.

But defendants in the Twin Peaks case might find relief in a Ninth Circuit Court of Appeals case from late in 2004 title US v. Rene Blanco. It was a case made by the DEA and the DEA’s excuse for withholding evidence was that the Agency had a confidential informant to protect – which seems to be the argument Durbin is making this week: That is more important to protect a snitch or two from imagined threats than it is to allow 192 defendants to go to trial to prove their innocence  in a timely manner – which might be reasonable defined as the average like expectancy of a pet rat.

The appeals judges found “that the government wrongly suppressed impeachment information about a confidential informant in violation of Brady and Giglio. We do not know whether there is additional Brady and Giglio material that the government has still not turned over to the defendant. We remand with instructions to the district court to order the government to reveal all information in its possession concerning the confidential informant. To the degree necessary and appropriate, the district court may inspect this material in camera.”

“There is no ambiguity in our law,” the Ninth Circuit continued. “The obligation under Brady and Giglio is the obligation of the government, not merely the obligation of the prosecutor. As we wrote in Zuno-Arce, ‘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 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, and by allowing the prosecutor to tell the investigators not to give him certain materials unless he asked for them.

 

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30 Responses to “Reyna, Durbin, Brady and Blanco”

  1. david Says:

    @ Gandalf with respect,
    Maybe hack Durbin is so completely inept he is unable to follow the Rule Of Law if he even knows it, or he knows the Rule Of Law and corruptly refuses to follow it.

    The State charges are disguised Federal charges which Un-Abel has NO evidence to persecute. Reyna’s complete incompetence may have the Feds spinning in circles, right down the toilet.

  2. Gandalf Says:

    What DA (Fed or Otherwise) ever wrote a letter saying “We got evidence but we ain’t giving it to you.” ??? Don’t they either ignore the requests or simply say NO? And why now and not months ago? Why did they wait until that 1st Bandit got a postponement and New Lawyer… Why not before that? Somethings up.

  3. TX_Biker Says:

    Dear Rebel,
    All true and I am old enough to have followed Watergate. We have been sufficiently vilified here in Texas of late. Forgive my pessimism, it is difficult to see that glass as half full right now.

    Best Regards,

    TX

  4. Paula Carroll Swann Says:

    If my memory serves me right, the wire tap was listed in the situation in Aransas Pass , August 2015… Going Fishing. After the Twin Peaks.

  5. Rebel Says:

    Dear TX_Biker,

    I’m not so sure. You know, at about this point in Watergate, it was still a third rate burglary and the only people covering it were a couple of fourth rate police reporters.

    It is never over until it’s over.

    Rebel

  6. TX_Biker Says:

    Exitus in persona praefinita….

  7. Gandalf Says:

    A 10 dollar Settlement labeled an “Undisclosed amount” = EXONERATION!

  8. Gandalf Says:

    People need to file suit before May 17th. If the charges are dropped after May 18th THERE WILL BE NO EXONERATION! Y’all will standing there with your dick in your hand. Even a 10 dollar settlement IS EXONERATION! Without a settlement or outright win in Civil Court Y’all got NOTHING! Wake up!

  9. david Says:

    Pertinent Waco prison info. at “Grits For Breakfast” (Welcome To TX Justice: You Might Beat The Rap, But You Won’t Beat The Ride).

    Article: “Prison for profit scheme in Waco going bust for lack of inmates”.

  10. david Says:

    Recent article (Mar.22,2017) ‘I Don’t Think The Police Are Against Us’-Bandidos :
    can be found at radiolegendary.blog for info.

  11. Meh Says:

    If charges are dropped so the mysterious “evidence” never comes to light, what avenues of redress remain for the victims and next of kin?

    No amount of punitive damages is enough for what they’ve suffered but it might spread some pain to the Waco taxpayers who empower Reyna and Durbin.

  12. Bbally Says:

    Rebel keep up the great work!

  13. Gandalf Says:

    BTW If the Twin Peaks Trials go before the Fed RICO Trials…AND… The Jury sees the Patio Video and decide the Bandits all acted in Self-Defense,(A no brainer in Texas. Even in Waco)the Fed RICO Jury pool will be tainted in the Bandits favor. The Feds WANT the Twin Peaks trials gone on a Tech. That way the Media can say the Bad Bandits got away with murder.

  14. xplor Says:

    This is what happens when a backwater county district attorney gets involved with the feds. He did his best to team up with them and they screw him over too.

  15. Gandalf Says:

    @ Tom Barker If you were a Federal Prosecutor you would be required by law to Share Exculpatory evidence with the Defense if requested. The real Question is why announce you have evidence at all… and announce you won’t share it. Why announce it at the 11th hour… 2 years after Twin Peaks?
    The sad Fact is Waco can now not give these people a Speedy and Fair Trial. And the Feds are taking the blame… Why? Seems to me dismissals on a Tech saves Everyone but the Bandits. Who were members of the COC&I and had reason to be there and were obviously attacked on arrival. If the Feds were in cahoots with the Cossacks… then things went bad… then the Cossacks scream, “Set up” after being killed and arrested… This might be the Feds way of taking care of their “tethered goat.” Waco made $. The Lawyers made $. Bondsmen made $. Texas Rocker got evidence. And the defendant’s will never get their day in court. (Good for the Cossacks, Bad for the Bandits) Maybe this is how the Feds always knew they would bail their team out…

  16. david Says:

    There is no stopping the shit-stream continually spewing out of “big brains in his ass” Un-Abel Reyna, except his possible removal from office by the McLennan County public.

    So far, the locals have tolerated all the shit, all the time.

  17. IcemanB&W Says:

    This case continues to be a shining example of how broken the “justice” system is and why it is better to live outside a broken social construct. I have a feeling that Reyna will get what he deserves in the end. A failed career at the least…

  18. Tom Barker Says:

    One question bothers me. If i were the Federal prosecutor would I share any information that I had with the authorities in Waco? My answer keeps coming up HELL NO. That that bunch of idiots.

  19. Abilene mouse Says:

    Pet rat. Haw haw haw

  20. Dutchboy Says:

    Let’s imagine for a moment that there is a “wall” between the Feds and the State and local PDs. The Joint Taskforce cuts a huge hole in the wall it it doesn’t tear it down completely since Fed is using local and state resources and personnel (agency rule). How can they claim protection from a wall they took down? Must be that huge wall of BS they’ve produced over the last two years plus.

  21. Filburt Says:

    Rebel,
    Thank you for your continued support. Have you heard of “Bob Ruff”?

  22. Filburt Says:

    The Kerry Max Cook travesty where Tyler, Smith county prosecutors(follow the nepotism) withheld “Exculpatory evidence”! Ed Ates Smith county prosecutors withheld “Exculpatory evidence”! Durbin allowed “Exculpatory evidence” withheld against the branch davidians, he is a phufking Rat.
    The justice system is a total travesty and in my opinion needs a Tea Party!

  23. Travelin Says:

    The Saturday before the 2 year anniversary of Reyna’s fiasco is also the graduation celebration at Baylor. I would expect the WACO pd to have plans in place to coordinate parking of motorcycles and parents suburban’s. Certainly there ought to be Swanton press tent set up to explain to the national media the apparent collapse of the States largest meritless incarceration

  24. Paula Carroll Swann Says:

    Reyna should have let the WPD investigate the case as it should have been. But I bet that Reyna was looking to get his 30% of all that money from these people was coming to pay dues that day…. Which was 100% wrong. …….
    Diego should have given Reyna his pocket Bible.
    These are 2 separate case’s the Federal Case is out of SA & Fuchs is trying to make a name & a career for himself as those guy’s are also being charged with a crime that they didn’t commit….

  25. Phuquehed Says:

    I wish I could see a movie scene like that in ‘Lawless’ where Reyna and the rest of these Waco ‘justice system fucktards’ in cahoots with him were tarred and feathered. Boiling hot tar poured on their bodies then feathers thrown on that. As far as I can figure, there’s no surviving it and it looks good and painful and a slow death.

    Fuck you Reyna, with any luck you’ll come home to find your ol’ lady gone off with a biker and a subpoena for your arrest for all the corrupt shit you’ve pulled in the past and present. Then, once you’re found guilty and given 50 years, you’re the cell block bitch.

  26. fozz Says:

    The legal merrygoround . Kinda fits dont it like kids playing in schoolyards all over the word playing make believe

  27. Shyster Says:

    The time has come Abelino. Suicide is your solution.

    Shyster

  28. Wildbill Says:

    What is Renya’s reason for delaying the trials of those not subject to the Brady / exculpatory evidence that is alleged to be in the hands of the U.S.Attorney that allegedly pertains to Bandidos and Cossacks?

    There is no reason to delay justice for these men and women unless there is a hidden agenda. I’d love to see Speedy Trial Motions filed by those not subject to the Federal case and see what the excuse for delay is for those cases.

    Looks like a clandestine attempt to give the Waco prosecution a sabatical fromTwin Peaks at the expense of those who want their day in court.

    Several Defense Attorneys and their clients are ready for trial and their day of exoneration. Give it to them!

  29. Gandalf Says:

    Feds refuse to turn over evidence. Judge dismisses ALL Twin Peaks cases. Judge off the hook, Reyna off the Hook, Waco off the Hook, Informants not exposed, Cossacks off the Hook… No Bandit was ever going to be found guilty anyway, only Cossacks. They got their Phone data and Turncoats for Operation Texas Rocker already. Civil cases not Harmed. Media screams Bandits got off on a Tech. THE END GAME.

  30. Tom Barker Says:

    Very good argument. The women charged with being members of a “criminal street gangs” are going to be their biggest problem to explain. How many women are allowed in Outlaw Motorcycle “criminlal street gang?” None since Sonny Barger stopped the HAMC from doing that in the early 1960s or late 1950s.

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