Untangling Reyna’s Deceptive Web

April 29, 2017

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Untangling Reyna's Deceptive Web

In case you hadn’t noticed, there is a significant propaganda campaign underway in Waco, Texas that is intended to indefinitely postpone several pending trials in the Twin Peaks biker brawl case. It is based on provable lies told by McLennan County District Attorney Abelino Reyna.

The propaganda asserts that there may be exculpatory evidence, evidence of actual innocence, that prosecutors cannot share with defense attorneys, not through any fault on the part of the prosecutors but because federal prosecutors in a whole other case have this possible evidence and they refuse to share it with anybody until after a Bandidos racketeering case is tried four months from now. Virtually all of this is a bald face lie but most of American news has swallowed the lies whole. You know, it sounds reasonable.

First, most obviously, something one might think a real, live journalist might be inclined to fact check, is there is not going to be a trial in the Bandidos case this August. Three recently added defendants in the case who are accused of a 2006 murder do have a pro forma trial date in August. The date will remain until their lawyers waive their rights to a speedy trial and then that trial will be postponed forever. The only game in the federal justice casino is called “plea deal.” Plea deals take time. The two principal in the Bandidos case, former club president Jeff Pike and vice president John Portillo have been under indictment for almost 18 months and still don’t have trial dates.

So Reyna isn’t talking about a four month delay. He is proposing an indefinite delay.

Ready For Trial

The latest propaganda campaign  began on March 24. Reyna was hell bent to convict a Bandido Motorcycle Club member named Christopher Jacob Carrizal. He seemed to think Carrizal would be easy to convict and on that day, according to Tommy Witherspoon of the Waco Tribune-Herald, “Reyna announced ready for trial.” Carrizal’s trial was eventually postponed that day after a secret hearing in Judge Ralph Strother’s chambers and after Strother imposed a gag order on all the lawyers.

Five days later, Reyna changed his mind about whether he was ready to prosecute the Twin Peaks motorcycle enthusiasts. He filed a document with Strother titled “State’s Disclosure of the Existence of Federal Evidence Not in its Possession or Control.”

The document, blatantly, was intended to give Reyna an excuse for avoiding trial and it suggested, and has been widely interpreted to mean, that Reyna had just gotten new information from federal prosecutors that he had not had five days before when he told the same judge he was “ready for trial.”

That was also a lie.

Our Ethical Obligations

Reyna states: “On March 28, 2017, the McLennan County Criminal District Attorney’s Office received a letter from the United States Attorney for the Western District of Texas, Richard L. Durbin, Jr. This letter provides the broad outlines of an investigation into the Bandidos Outlaw Motorcycle Club, United States v. John Portillo, et al., Cause No. SA-15-CR-820 (see attached). In the letter, Mr. Durbin declines to share any information or evidence relating to that investigation at this time. Mr. Durbin has indicated that the information will be disclosed to the McLennan County Criminal District Attorney’s Office once the trial is complete.

“Although no specific disclosures were made, Mr. Durbin acknowledges that the federal investigation has information which relates to the events at Twin Peaks in Waco, Texas on May 17, 2015. Although the federal investigation was underway when that incident occurred, neither the fact of the investigation nor any information pertaining to the investigation were shared with this office.”

“The federal investigation has been independent of this prosecution, and no collaboration between the offices has occurred. This information may be exculpatory, mitigating, or impeachment evidence as contemplated by Brady v. Maryland, 373 U.S. 83 (1963).”

And Reyna pats himself on the back for his honesty and virtue when he declares his filing is being made “in the spirit of Brady, the Texas Code of Criminal Procedure 39.14 (the Michael Morton Act), our ethical obligations under Texas Disciplinary Rules of Professional Conduct, and our duty to ‘see that justice is done.’”

As legendary criminal defender Vincent Laguardia Gambini proclaimed a quarter century ago, “Everything that guy just said is bullshit.”

Way Back When

On March 9, 2016, 381 days before he declared that he was ready for trial, Reyna wrote Duncan R. Fox, Deputy General Counsel for the Texas Department of Public Safety, “requesting all information, reports, field notes, recordings, videos, photographs, diagrams, and other documentation retained by the Department of Public Safety related to the arrests of three high ranking Bandidos members as provided under the Michael Morton Act and any documentation that relates to any investigation into the Bandidos OMG and their support groups, including but not limited to the motive, planning, orders given or received, or chain of events that led to the shootings at Twin Peaks.”

Fox wrote Reyna back on April 5, 2016, 354 days before Reyna declared he was “ready for trial.” Fox said: “I have attached a copy of the federal protective order issued in the United States District Court for the Western District in United States vs. John Xavier Portillo, Jeffrey Fay Pike and Justin Cole Forster, SA-15-CR-820-DAE. This order prohibits the dissemination of any discovery materials relating to the prosecution of the individuals except as provided by the Court. The Department is therefore limited in its ability to comply with your request by the federal order.Further, since some information related to the Bandidos OMG that you seek may be voluminous or part of ongoing criminal investigations, we would welcome your office’s assistance in coordinating with our officers to ensure the proper identification, handling and disclosure of relevant information.”

The protective order issued by Federal District Judge David A. Ezra on January 25, 2016 is a kind of parody of a national security letter gag order:

T** S*C***

“IT IS ORDERED that given the sensitive nature of the discovery material, for any material provided, production and viewing of discovery materials is restricted to the United States Attorney’s Office by appointment.

“IT IS FURTHER ORDERED THAT the dissemination of any discovery materials to any person, other than the attorneys of record for the Defendant, in this case is prohibited.

“IT IS FURTHER ORDERED that no attorney in the above-captioned cause shall release any discovery to any person, including but not limited to the defendants’ family members, or defendants’ associates. In the event any written or electronic discovery is provided to the defense, attorneys may show discovery to their client(s), and may discuss the information with  their client(s); however, attorneys may not reproduce or disseminate any discovery, or copies of discovery to anyone, including the client.

“IT IS FURTHER ORDERED that if counsel is substituted in this cause, all discovery materials, including copies thereof, shall immediately be returned to counsel of record for the Government, who will be obligated to provide a copy of the discovery materials to new counsel upon new counsel acknowledging his or her obligations under this Order.

“IT IS FURTHER ORDERED that a copy of this Order shall be furnished to counsel of record in this case and any successive counsel of record who enter an appearance after the date of this Order.

“FINALLY, IT IS ORDERED that the Government’s Motion Seeking a Protective Order, and this corresponding Order, be SEALED, until further order of this Court, except that a copy of the Order on the Government’s Motion Seeking a Protective Order may be provided to counsel for the Defendant(s) and to the United States.”

The order to seal everything including the order to seal everything is still in effect. And, a cynic might wonder in passing what exactly it is that Ezra is helping the government hide and why does he think it must be hidden from the people.

Black Hole

In a hearing last Wednesday that the Waco paper described as “contentious,” Judge Strother wondered aloud, “Federal officials obviously have information of some type…. What I’m trying to figure out is can any of us proceed without knowing what it is…. We are dealing with a black hole. There is no light emanating from it and nobody knows what is there.”

Of course Strother is wrong. Lots of people know what the prosecutors in the Bandidos case are hiding and what its effect on the Waco cases might be. The prosecutors know, U.S. Attorney Durbin knows and Reyna knows. Reyna knows because, as his chief assistant Michael Jarrett put it the other day “We are sitting on a ticking time bomb here. We don’t want to have to be trying these cases twice if they get overturned on appeal.”

Durbin has apparently already promised Retna that he would not have to try Christopher Jacob Carrizal twice.

So as not to leave a paper record, Reyna and Durbin talked on the phone on March 20 about possibly exculpatory, secret evidence hidden in the federal Bandidos case. Durbin assured Reyna that there was nothing that might later overturn a conviction of Carrizal. So four days after that, full of confidence that he could win and his victory would stand, Reyna declared himself “ready for trial.”

Reyna’s statements and behavior since the Carrizal continuance, might lead a cynic to wonder what else Reyna and Durbin have discussed.

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21 Responses to “Untangling Reyna’s Deceptive Web”

  1. Gandalf Says:

    I have a Question. Did the Feds get any evidence from the Waco DA (Twin Peaks) they intend to use in the RICO case? Is it a 1 way street?

  2. david Says:

    Government criminal cartel member, Un-Abel Reyna, is so incompetent, he couldn’t hit his own ass with a wide board.

  3. Thunderbird Says:

    @ Iron Rider

    Reyna has no conscience. Neither does the justice system under administrative law.

    Listen to yourself. Your reasoning is subjective. You think justice under this administrative system will eventually happen and Waco will shell out millions in settlements. It won’t happen.

    I have made several posts to this blog explaining what the administrative system is and why justice will not be served by it. Have you read my posts and pondered on it?

    We are living in a time of corrupt government. The judicial system is corrupt. Why do you continue to hope that justice will somehow be served by the corrupt justice system operating under administrative law? Administrative law has no foundation in Christian morals or ethics. The people in the justice system choose administrative law over conscience and objective reasoning. They choose to live under law, not the grace of Christian values. If any of them claim to be Christian they are lying.

    We all have to watch our backs and that of our friends. Administrative law has criminalized most of human behavior. This is against nature. The people drawn to work in this corrupt system of justice are heartless and operate as machines without conscience against their fellow man. The sooner we realize this the sooner we can see objectively what we have to do to protect ourselves.

    Open your eyes and look at the reality around us. Look at actions; not words. We live in a police state and the justice system supports the police state.

    The only thing you can do is WAKE UP! It is an ugly sight to observe. But the truth is the human spirit cannot be snuffed out by these fools.

    Reyna is a fool caught up in a system of corruption. He is nor incompetent. He has sold his soul to the system; a system that eats the soul of man.

    GOD gave every man a soul. This soul we speak from in the beginning of our life is called “I”. Our soul when we enter this life is given a body. This body that thinks, feels, and moves is our responsibility to develop into an individual expressing the will of GOD.

    These men today that represent the justice system want to take that goal away from us. So they make laws that criminalize our desires so they can put us in prison. Some of these men dare to call themselves Christians and upright standing citizens. But they lie. They are dark spirits.

    This is my answer to you. WAKE UP and look at the truth. The administrative system is being used to control humanity; not set us free.

  4. Rebel Says:

    Der Talia Grace,

    Currently, 154 men have been indicted. According to Reyna, another 38 people remain “under investigation.” No one remains incarcerated on the original charge although two of the indicted are currently in jail on unrelated charges and one died in a motorcycle crash. None of the three Waco Swat officers who were investigated for firing their assault rifles during the May 17, 2015 confrontation at the Twin Peaks has been indicted. All were no-billed by a grand jury last year. They are off the hook.

    Rebel

  5. Talia Grace Says:

    If i may ask a question….in all of the 177 known Bikers who have been indicted are any of the Cops incarcerated that were there that day. Specifically is it only the Bikers in jail. The cops that we all know were firing weapons into a public establishment…they arent being held just potentially faxing charges

  6. Kenny Says:

    To all you brothers and sisters. You know the ones who wake up to being tied into this hell. The ones who can’t get a job cause of pending charges. The people who have lost their god givin freedom to a bondmens. Respect to u!! Their next move will b the old plea deal…cop out. Or worse they pay some of the victims to turn on each other. That’s their last card…Sighn a paper it all be over they will say!!Thank U Rebel for your work. How in thee hell this isn’t big news with every civil rights group I do not know. Best thing outta all this is that we,us bikers better look at who is really out to kill us and why.

  7. Iron Rider Says:

    @ Thunderbird

    Well It very well could be Reyna was a good Lawyer when he was defending clients for a living. The fact that Reyna ran for election for his current position is akin to being winning best breed at a dog show. Did it help that his Father was a very popular Judge who climbed thru the ranks and sat on the 10th Circuit court of appeal, perhaps.

    Reyna before he worked for the D.A’s office represented criminal clients. So one would assume working on that side of the fence would have made Reyna see both the good and the bad of the court system and possibly attempt to try and make sure the system is fair to those who are before it, sadly Reyna seems to have all forgotten about what it was like to defend those who were up against a system that has an accused up against it before they even set foot in a courthouse.

    The mere fact that Reyna pushed those investigating what had happened at Twin Peaks to charge over 177 people from Twin Peaks and then have them held on $1 million bonds each on charges of engaging in organized criminal activity is sheer incompetence. The fact that Reyna convened a Grand Jury and sped thru 177 indictments on no evidence is incompetence.

    The fact that Reyna has had people indicted for being at Twin Peaks who were ducking behind tables, and running for cover while the cops were shooting into a crowded restaurant and parking lot is incompetent. The fact that police on the scene shot into a crowded restaurant and parking lot filled with hundreds of people and killing 4 of these people in the parking lot and not charging the cops with a fucking thing is incompetent. Knowing full well the cops broke rules shooting into a crowded parking lot and restaurant that any responsible gun owner would know is incompetent, and giving them a pass is incompetent.

    So no I dont agree that Reyna is competent at all, no D.A. in his right mind would do what Reyna did by indicting 177 people who happened to be at Twin Peaks without the evidence, witnesses video, etc to back up an indictment.

    Reyna wanted to make a big splash in the media. Honestly, lets have a show of hands and see how many people heard of Reyna ( no not his Dad ) before this cluster fuck he initiated? I doubt many of us have heard of Reyna before this, his Dad maybe but little Jr, doubt it.

    Reyna is delaying and making excuses and pointing fingers at everyone else and using huge data dumps of garbage on defense lawyers because he doesn’t have evidence to back up his claims against these 177 people that he chose to seek an indictment on, that’s incompetence.

    The fact that Reyna, is employing the Deny, Deflect, Delay strategy in these 177 cases just further shows how stupid and incompetent he was in convening a Grand Jury to indict 177 people with no real evidence other than they were there.

    The fact that Reyna’s incompetence is going to cost the taxpayers of Waco, McLennan County and the State Of Texas millions and millions of dollars in wrongful prosecution, constitutional and criminal rights violation and wrongful Death lawsuit settlements is incompetent.

    I am not even going to bring up all the millions of dollars wasted in jailing and court costs to have these cases winding thru the court system. So no, I dont agree with you that Reyna is competent at all. Your entitled to believe what you want about Reyna’s fine lawyering skills as I am about his lawyering skills, but I dont think competency is anywhere near my estimation of Reyna’s skills.

  8. Steel Says:

    Reyna trying to protect himself and LE actions on that fateful day. He’s the criminal here violating Constitutional rights and ruining lives because he knows cops opened fire and killed people. Also knows there are informants that probably set this whole thing in motion too. Reyna is the criminal. What a fucking mess this is and journalists are not interested so it keeps on going.

    Respects

    Steel

  9. RLG Says:

    This won’t protect Waco from liability for all the other arrests that day.

  10. Badd Guye Says:

    It is illegal to mislead a grand jury, wonder when some attorney is gonna run with this in Federal Court.

  11. FF Says:

    I’d like to smash a tv set on Reyna’s melanzana!

    https://www.youtube.com/watch?v=PNInI3XsRNQ

    “Plug it in, Otis!”

  12. Thunderbird Says:

    @ Iron Rider.

    You know as well as I do that Reyna is not incompetent. The court system is a racket and using administrative law to it’s advantage. More and more people every day the court system as it really is: a corrupt business.

  13. Curbside Says:

    It’ll be a good day when this is all over and done with. I’m just wondering if it will happen in my lifetime.

  14. Philo_Bedo Says:

    Rebel!

    Check it out! Jr. Ball says scarface Nagi was an informant, (according to the free press) and that the lawyers ran a huge scam during their trial.

    http://www.freep.com/story/news/local/michigan/detroit/2017/04/29/detroit-highwaymen-motorcycle-club/99123456/

    What a fucking nightmare.

    Tuebor,
    ~Philo

  15. Paula Carroll Swann Says:

    These conspiracy theories are so far out, people need to realize that each chapter is like a franchise, you don’t send your employees to go clean another franchise owner’s store… the cop’s set this up and everyone knows it & in the eyes of the law, they committed PRE-MEDITATED MURDER.

  16. TXBiker53 Says:

    Me thinks…IMHO…
    LEO’s are always out in numbers for protests and marches, looking to head off any trouble/violence if any should arise.
    Why weren’t there any police presence in the parking lot of Twin Peaks? They have already admitted to expecting trouble.
    Why was the police presence only outside of the property and in snipers nests?
    Just a thought…

  17. Iron Rider Says:

    I have said this before and I will say it again, Reyna despite claims that he is ready to go to trial and take each case and prosecute them is full of shit IMHO.
    Reyna knows full well that his indictments fr these 177 people arrested at Twin Peaks is going to fall flat on its face.

    There is no evidence that 177 people committed a crime. Reyna wanted to put on a big show and distract from the fact that after months and months of having LE fan the flames of how this club was targeting that club and this club is after your club and they’re gunning for you mantra that LE was perpetrating and trying to incite a war and then the cops shooting and killing 4 people at Twin Peaks (and god only knows how many more) and then using the ruse of 177 people indictment to take everyone’s eyes off of the fact that the LE was at Twin Peaks armed to the teeth and fired into a crowded restaurant all due to the myth of this big bad biker war and this was repeated to various Law Enforcement agencies to amp them up.

    If Reyna had all this great evidence why the fuck does he keep shuffling off trial dates and asking for extension and delays and now trying to say ” Not my fault, Feds haven’t given us anything” because he has shit for evidence and Reyna knows his cases are shit so he wants to take the heat off of him and shift it to the Feds.

    How convenient that Reyna and pals want to point to a case that is SEALED knowing full well the Feds arent going to give out wads of information from an active file and investigation. Coincidence? No fucking way.

    Reyna knows that no judges in his right mind is going to give the information from a sealed case to Reyna and pals and the Feds arent going to trip all over themselves to save Reyna’s ass and fuck their case up the way Reyna has with what happened at Twin Peaks.

    Do the Feds have their noses in a lot of MC investigations, sure they do, did they have paid informants in some of these new clubs that are popping up, I think we all know the answer to that one. The minute that Reyna started bring up the Feds are at fault allegation for lack of disclosure to his office is just more of a tell tale sign of how his ego turned Twin peaks into something it wasn’t and how undercover agents of the Feds made sure to make “something happen” at Twin Peaks to get that so called biker war that they had been trying to incite between clubs for so long back to the fore front to justify all the money spent to make a case against MC’s and the members that belong to them.

    Reyna can keep trying to deny it’s his fault and delay trials, all it does it show how incompetent he has been since he charged 177 people that day and how flawed indicting everyone one at Twin Peaks that day really is. I can only imagine how the Feds are still pissed at Reyna for fucking up the case they were trying to manufacture and have spent millions of dollars to attempt to take down MC’s and what a mess Reyna has created for the State of Texas and the Feds.

    Cants wait till the lawsuit payouts start to see just how much Reyna is going to cost the Taxpayers of McLennan County and the state of Texas

  18. Sohn Says:

    I’m sure they do have exculpatory evidence. I’m sure the Waco prosecutors no exactly what it is. I’m also sure that if he was the least bit ethical, he would drop the charges on the dozens of innocent people he charged. But, I’ve never met an ethical prosecutor:

  19. Gandalf Says:

    Reyna and Durbin have been talking since the Day it was announced that the COC&I meeting would be held in Waco. (“Arrest as many Bandits as possible, get the phones”) Others (DPS?) talked the Cossacks into crashing the Meeting…. In the end there will be no trials. Only Settlements of “an undisclosed amount.” Get in Line people the deadline is just a few weeks away…. IMHO
    @ xplor I can’t help but to laugh at the poor stupid people of Waco who are convinced that a Football coach is responsible for their kids safety. They believe the Football coach refused to file charges and/or refused to take statements from rape victims. LOL On a good note Syphilis and HIV has become an epidemic in Waco lately. Go Figure.

  20. xplor Says:

    McLennan County District Attorney Abelino Reyna, Judge Ralph Strother Judge Matt Johnson and Michael Jarrett are all hired guns for Baylor University. What better way to take the heat of the murder and rape that goes on at Baylor University than charge a lot of motorcycle riders with engaging in organized criminal activity ?
    See Carlton Dotson, Patrick Dennehy and Abel Reyna.

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