The Waco Prosecution’s Case

June 12, 2017

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The Waco Prosecution's Case

The never ending criminal cases against 192 men and women, so far – cats and dogs may be next, who stand accused of Engaging in Organized Criminal Activity at the Twin Peaks restaurant in Waco, Texas on May 17, 2015 continues to crawl like a garden slug.

The slime trail continues because in the United States of America in 2017 amoral politicians in the flyover cities can claim the postmodern equivalent of droit du seigneur and they never have to say they’re sorry.

The most recent proof of this was a document filed three weeks ago by lawyers acting on behalf of the City of Waco, McLennan County, former Waco Police Chief Brent Stroman, Waco police sergeant Manuel Chavez, District Attorney Abelino ‘Abel’ Reyna, Waco Assistant Police Chief Robert Lanning, Waco Police Department Detective of the Year for 2014 Jeffrey Rogers. Waco Minister of Truth Patrick Swanton, Texas Department of Public Safety Lieutenant Steven Schwartz and DPS Very Special Agent Christopher Frost. Those governments and scoundrels are defendants in multiple false arrest lawsuits including a dozen filed by men who were falsely arrested, held on $1 million bonds and are now trying to glue their lives back together with hundred dollar bills.

Day 758

Thirty-eight of the men and women arrested 758 days ago have never been indicted.

They had hoped to be able to have their lawsuits considered starting next September. Once upon a time there was a quaint notion called “presumption of innocence.” And it has been 758 days. But, at a status conference last Thursday in Austin, a federal district judge named Sam Sparks, who will hear all the false arrest cases, told the aggrieved men and women he wouldn’t consider their complaints until at least March 2018. The defendants (which is to say official Waco) will do anything and spare no expense to indefinitely delay their inevitable day of reckoning. Who knows? Maybe three or four or nine years from now God will get sick of all this legal legerdemain and turn Stroman, Chavez, Reyna, Lanning, Rogers, Schwartz, Swanton, Frost and all the rest of the wicked in Waco into pillars of salt, the case will be rendered moot and technically Waco will win.

Or maybe there is no God. Or maybe God is a Baylor booster.

Not Innocent Yet

One of official Waco’s claims for more than a year has been that the unindicted complainants in the false arrest lawsuits may yet be indicted. It was one of the arguments in that brief filed May 23. “The unindicted Plaintiffs in this case were arrested,” a soulless shyster wrote cleverly – never once claiming they were “lawfully” arrested. “The investigation of these individuals remains open. That they have not yet been taken before the grand jury does not mean that they will not be taken before the grand jury. These individuals have not been absolved of criminal wrongdoing.”

Absolved. Isn’t that a wonderfully telling writer’s choice? Not exonerated. Not acquitted. Not vindicated or cleared. But absolved. In that lawyer’s twisted mind, the falsely accused should seek not justice but absolution.

What is most interesting about that May 23 essay though, is not that it seeks yet more delay but that it lays out exactly what the prosecution will argue to jurors, possibly as soon as September 11 when a Bandido named Jake Carrizal is scheduled for trial.

Groups

The fight more than two years ago “occurred between the Bandidos motorcycle club and its support groups (‘the Bandidos Group’) and the Cossacks motorcycle club and its support groups (‘the Cossacks group’). The organization of both the Cossacks group and the Bandidos group involves structured systems of support groups and prospects.” The actual events of that May Sunday hardly matter. Rhetoric is all.

Official Waco assigns every single person arrested to either the “Bandidos Group” or “Cossacks Group” as if what happened at the Twin Peaks could be explained by that simple minded dichotomy. The assignment of clubs (for example The Distorted Motorcycle Club) and individuals is arbitrary. The only proof is the accusation itself. It is proof by accusation, or more accurately, proof by way of Microsoft Publisher. The prosecutor’s defense lawyers have created a multipage document that describes everyone as either a supporter of the Bandidos or the Cossacks but it is just junk. Instead of labeling “Bobby Samford, Distorted President, Bandidos Support “ they could have just as well printed “Bobby Samford, Distorted President, Martian Support,” or “Trump Support” or “Clinton Support” or “ISIS Support.” It is an argument from a false premise and it might be interesting to see what a jury will make of it. There is no doubt jurors will be shown lots of colorful diagrams.

“Over 150 of the participants in the Twin Peaks conflict have been indicted” the official argument goes even though anyone who has looked at those grand jury proceedings knows they were exactly opposite of how grand jury sessions are supposed to work. “Some of those indicted persons have filed suits which are substantially similar to the present case. Those indicted are from both the” hypothesized “Bandidos group and the Cossacks group and are part of their systems which require loyalty and a level of allegiance that led to the shootout that resulted in the death of nine people at the Central Texas Marketplace mall. As members or prospects of these groups who operate under tight organizational systems, the Plaintiffs and their interests are directly connected with the others
within those systems, including the persons who have been indicted.”

Biker Expert Vincent Glenn

Most of the language the prosecutor’s apologists use exemplifies what the late pop psychologist Eric Berne called the “Berkeley Subjunctive” and its assumptions parrot allegations made by a local, Waco, outlaw biker expert named Vincent Glenn. Glenn alleges that everybody arrested that day at the Twin Peaks is guilty because:

“The Confederation of Clubs is a Bandido controlled organization for which membership requires Bandido approval and payments to the Bandido Motorcycle Club.”

“The Confederation of Clubs meeting for the region covering Waco is generally held in Austin, but Sandra Lynch (a plaintiff in one of these civil suits) was contacted by the Bandidos and told to schedule the meeting in Waco at Twin Peaks.”

“The meeting location change coincided with rising tensions between the Bandidos group and the Cossacks group over the perceived disrespect shown by the Cossacks using patches on their vests that say ‘Texas’ and refusing to become members of the
Confederation of Clubs.”

“The Cossacks, who were not members of the Confederation of Clubs and their support clubs showed up at the Twin Peaks restaurant at the Central Texas Marketplace mall before the Confederation of Clubs meeting was scheduled to start.” Glenn never wonders why.

“Members of the Bandidos and their support groups later showed up at the Twin Peaks restaurant and positioned themselves along the perimeter of the parking lot.” Where were they supposed to stand?

“A violent conflict ensued leaving nine dead and many wounded. Numerous weapons were recovered from all over the scene.” Including three M-16 clones the police used to kill four of the nine dead.

Dangerous Knowledge

How Glenn came to know this must now remain a state secret because “there are legitimate concerns on the part of the Defendants (official Waco) that Plaintiffs (the falsely arrested who have not yet been indicted) could attempt to take advantage of broad discovery rules to gain information for use in potential future criminal cases. As the Court has noted, Plaintiffs could depose witnesses in advance of trial, obtain discovery from third parties and gain an advance understanding of the basis of the possible criminal trials against them and can use information gained through civil discovery while at the same time asserting their Fifth Amendment right against self-incrimination, blocking any attempts by Defendants to discover relevant evidence. However, as set forth above, this concern exists not just with regard to potential future criminal trials of the unindicted, such as the Plaintiffs herein, but also the potential effect on criminal trials against those who have been indicted. Again, those indicted are from both the Bandidos group and the Cossacks group, and are part of their systems which require loyalty and a level of allegiance that led to the shootout that resulted in the death of nine people at the Central Texas Marketplace mall. As members or prospects of these groups who operate under tight organizational systems, the Plaintiffs in this case and their interests are directly connected with the others within those systems, including the persons who have been indicted.”

The men and women who were falsely arrested but against whom Reyna and his mangy dogs have not yet gathered enough evidence to indict cannot yet sue for false arrest because: “The criminal and civil matters are directly tied to each other no less than for the indicted Plaintiffs. The potential effect on a possible future-filed criminal case against the unindicted Plaintiffs, and any potential conviction therein, is no less a concern. And the potential for interference with the pending criminal cases against those who have been indicted is no less real simply because the civil suits in which determinations are being requested and discovery is being sought are brought by unindicted persons.”

Despite numerous touching accounts of how official Waco has ruined the lives of many of the falsely arrested, really that ain’t no thing. “The Plaintiffs (the falsely arrested who have not yet been indicted) would not suffer any prejudice from a stay, other than being delayed in pursuing their claims for money damages.” Just forget you ever heard Gladstone’s aphorism that “justice delayed is justice denied.” Who is this Gladstone compared to the mighty Abelino Reyna?

The real danger is “witnesses in the criminal cases modifying or manufacturing testimony to get around, address, or fit with testimony given by witnesses in the civil cases; discouraging cooperation with law enforcement and the prosecution; witness intimidation; and minimizing effectiveness of law enforcement techniques by making information public that could be used to test the veracity of potential non defendant witnesses.”

Cooperating Witnesses Sought

What all this spectacular prose really means is that the prosecution in the Twin Peaks criminal cases already knows the theory it will try to sell to jurors. Everybody who was arrested that day with either part of the “Bandidos group” or the “Cossacks group” and we have all seen Sons of Anarchy so we all know what that means, right? Now all Reyna has to do is keep innocent people twisting in the wind until enough secrecy and the right “law enforcement techniques” convince some of them to cooperate with “law enforcement and the prosecution.”

In other words, Reyna wants to keep stalling until somebody cracks. It is a strategy that exemplifies the sadistic state, a political entity that has grown so corrupt that it can no longer accomplish what governments are supposed to accomplish like fix the roads. Sadistic states can no longer do much except punish. So punishment becomes a goal. Abel Reyna has already punished 192 Waco defendants. Now all he has to do is get away with it.

In George Orwell’s dystopia 1984, Winston Smith’s final act of rebellion was to refuse to betray someone he loved. “Julia ! Julia! Julia, my love! Julia!” he swore.

But his inquisitors were granted all the time in the world and they kept trying to break Winston until one day he finally cried out loud, “Do it to Julia! Do it to Julia! Not me! Julia! I don’t care what you do to her. Tear her face off, strip her to the bones. Not me! Julia! Not me!”

That’s what Abel Reyna expects to happen in Waco. That is his master plan. If only he can buy enough time eventually somebody will crack. Waco is what justice means now. Waco is what America has become.

 

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18 Responses to “The Waco Prosecution’s Case”

  1. david Says:

    Thunderbird, with respect: And in agreement,

    One of the “forbidden” truths of the U.S. court system which attorneys and attorney-judges don’t want the people to know is the fact there ARE NO judicial courts in the U.S.A.

    FRC v GE 281 U.S. 464, Keller v PE 261 U.S. 428;

    “There are NO Judicial Courts in America and have not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes.”

    Would love to hear of Broden stating this fact in open court(place or location where a GAME is played as in a basketball court, or tennis “court”).

  2. Thunderbird Says:

    What is going on here is called “word fog”. What we are dealing here with is administrative law and how the “justice system” in this country has made it work for the courts; not the people.

    We have to look at “Administrative Law” for what it is. It is the law of commerce; dealing with contracts. The law (administrative law) does not have the structure to regulate human behavior in social and cultural environments, e.i. emotionally based actions. It does not understand emotion.

    Our courts are administrative courts so how are we to get real justice when it comes to the fact that the administrative courts are unable to properly address human issues outside of finance?

    Conversely, the constitution of the United States gave us the first 10 Amendments (The Bill of Rights) as a guide to solve our social problems. Unfortunately, the administrative courts do not recognize the U.S. Constitution. This is a sad fact and precisely why due process is not being served in the Waco court and justice system.

    Administrative law is serving it’s masters; not the people. This is not to say administrative law is bad. When administrative law is enforced by people of mechanical material minds then this law makes people into automations. When administrative law is truly used to serve the people by higher minds with vision, then the people are served in true justice.

    Conscience is a far higher principle than law. If conscience was the prevailing influence in the actions of the people then this action at Twin Peaks would not have happened.

    This is the world that we live in until people gain their conscience back.

  3. Ol'LadyRider Says:

    I’ve never seen such silver-tongued double-speak in my life. That motion is an abomination… And any judge who doesn’t call it out as such has forgotten his/her calling.

    Keep on keeping on, Rebel. People are listening.

  4. david Says:

    The no-good attorneys representing the Waco criminal cartel of murderers in the civil cases, the word attorney derives from attorn: to twist, really twisted the hell out of the fact 38 of the falsely arrested have not been indicted.

    The twisters, besides omitting any statement as to the lawfulness of the arrests, omitted the possibility of the grand jury not being ABLE to indict the falsely arrested, as the reason for NOT being taken before a grand jury.

    The fact the TX judiciary wears black robes,which look borrowed from Catholic priests, shines light on the attorney officers of the court use of the word absolve,instead of acquit.

    Collins Dictionary of Law(2006), absolution: the formal setting free from guilt, sentence or obligation; the remission of sin or penance. In church law, Black’s Law Dictionary 2nd.Ed.1910, “In Canon Law a juridical act whereby the clergy declare that the sins of the penitent are remitted.”

    The entire Waco persecution has religious over, and under,tones.

  5. Iron Rider Says:

    Ugh, what a joke. The Deny, Deflect, Delay playbook is going to be used by those from Law Enforcement at every turn to try and make those indicted and not indicted crack under the financial strain and the use of that tactic is sheer abuse of power.

    The fact that one judge has been assigned to hear all these cases even smacks of how corrupt the Twin Peaks fiasco is and how those involved on the Law Enforcement side of the equation will go to protect their own and deny those accused of crimes or being associated with the Cossacks and Bandidos their day in court.

    Once again we are being shown how broken the justice system is and how the deck is stacked against the accused from the get go. The fact that barely any media have been covering what has transpired since Twin Peaks happened is astounding. If it were not for Rebel efforts at shining the light on the rats we would all be in the dark as to how and what has gone on since that day 177 people were indicted and 9 lost their lives.

    The obfuscation of keeping the truth from coming out about Law Enforcement’s operation to start a biker gang war is going full blast and they are willing to expend as much taxpayer dollars as necessary to keep the real truth about the pressure to make things happen before the funding got cut out of the courts and being disseminated by the public and the media.

    If you ever thought the Blue Wall was bad with the cops protecting their own, the Twin Peaks fiasco is showing us just how far the Blue Wall extends to protect their own and no expense is spared.

    What I find appalling is that those that were never charged and most likely never will be are being used as pawns to keep the truth from coming out and that those on the Law Enforcement side are willing to drag innocent people thru the gutter and cast suspicion on them just to have an excuse to hide behind to keep delaying those charged from being cleared or having their day in court criminally or civilly.

    The perversion of the justice system is well in hand and Twin Peaks is the perfect example of how broken the Justice system is in the U.S. and how those in power at Government and Law Enforcement have abused the system and made it the mess it is and why those who come before it are up against it from the moment they come into contact with it

  6. Filburt Says:

    If, and when the cases go to trial there can not be a impartial jury selection in Wicked Waco, Texas. All potential jurors have been tainted.

  7. BMW Says:

    Obviously, the Whaco PD has no case, or they would have made it and convicted any NONPOLICE shooters almost immediately. The persecution would have raced to the courthouse while the public was still afraid and uninformed. The mere fact that the scumsuckers did not do this points to a fatal lack of evidence.

    The only reason this is being dragged out is to cover up for official misconduct. Anyone who has observed a case where officials attempt to conceal obvious misconduct is familiar with this strategy.

    THANKS TO THE AGING REBEL FOR KEEPING AMERICA INFORMED!!!

    FREE THE INNOCENT HOSTAGES OF THE CORRUPT WHACKO INJUSTICE INDUSTRY!!!

    BMW

  8. Travelin Says:

    Some thoughts… Sparks the fed civil action judge is the control point in this mess. He has mentioned several times that Reyna needs to develop a plan by one date and then another and has shone irritation at Reyna. The fed judges are stand alone masters, that operate their own show. Challanging through impeachment at his level literally takes an act of US Congress and has only been done a couple times in the last 100 years. Sparks does appear to be a mature guy that will be concerned about his Legacy and it will be the Waco mess.
    Impeaching the Waco DA and two state criminal judges would be easier, handled by the Texas state legislature. Right now there is no value in either of the three going to trail, since they are loosers up for relection next year. McClellan county electorate would vote them back in to keep the delays in place for Reyna’s stated next ten years. An state impeachment campaign targeting state legislature, state gov, attory general, Federal Representatives and Senators, US attorney Gen, Appellate court, bar associations , news media etc needs to happen. Without this, we will never know who murdered 9 men. The folks who were unlawfully shackled will never have their civil case tried.
    Do any of the 170 who made bail still have wear an ankle monitoring band. That is a shakle

  9. TN Says:

    I know this is off topic but I wasn’t sure where to post it. In the CNN Biker Brawl documentary, about 2 minutes before the last commercial break, is that red boots in his cossacks undercover getup, standing across from the blue ambulance? Its at 44:37 on the video I watched on youtube. That looks like a cossacks vest he’s sportin’, and it’s for damn sure those ugly boots.

    I tried to post this yesterday and it wouldnt go through. Sorry if it shows up twice. Trying it without the video link. Just search it on youtube.

  10. Steel Says:

    The sad thing is nothing will ever happen to Reyna, et al, because lawyers police lawyers. Just like the cops cover for themselves so do lawyers and bureaucrat lawyers are well versed in covering for themselves. This whole thing is a sham and a farce. Who is being protected and why does that mean innocent people get to suffer? Keep up the great reporting Rebel

    Respects,

    Steel

  11. TN Says:

    LMAO @ “Waco Minister of Truth Patrick Swanton”

  12. Skidz Says:

    Its all about PR, marketing and appealing to the public. The general public lacks the ability to think for themselves, and to digest impartial information and form their own opinion. For some, if the State says a person is a gangster, then that person is a gangster. And the State is only concerned with convincing the population that might one day vote them in or out of office, or sit on a jury in Waco.
    Bikers never get a fair shake from the media, because stories about big bad bikers shooting people sells ads.

  13. xplor Says:

    There is little proactive work done in preventing prosecutorial misconduct.
    This may be one of the few places where you can see this.

  14. pops Says:

    and people wonder why we moved from the area 15 years ago(lived in Bellmead)
    Rebel, keep up the good work, thank you.
    As for everyone else, NEVER QUIT—NEVER GIVE UP

  15. TX_Biker Says:

    Two years, the dead have no justice, the living no peace. What has happened to this country? Why is this not headline news? Why aren’t all the talk shows clamoring to get Rebel on? Is it that they don’t like us because we refuse to live the way they want us to live? Is it because we remind them that their lives are too mundane for our liking? They can’t lock us all up. We will not go away. We will never be like, to quote Teddy Roosevelt, “those cold and timid souls that know neither victory or defeat”.

  16. Paula Carroll Swann Says:

    This is not 100% correct, the fact is that the police failed to do their job and then committed premeditated MURDER. Having the DA cover it up by charging people with a crime that should have been filed on the adc agencies THEY WENT WITH INTENT TO CAUSE ASSULT. They set up a camera and a firing squad, there was more than 3 to a group & wore patches and vest. It was the police who are guilty of this crime not the bikers. If the police didn’t set this up 9 people would be alive today.
    As for Swanton blaming Twin Peaks management for what is that of his job title of making arrest and protect the community.

  17. Paladin Says:

    Curbside Says:
    June 12, 2017 at 5:36 pm

    “I don’t think anyone who reads this page would really shed a tear.”

    I too don’t think they would. It is also worth noting that the most dangerous of people are those that face and accept the fact that they no longer have anything left to lose. And as always, long may you ride.

    Paladin

  18. Curbside Says:

    At some point, someone somewhere is going to decide that his life, liberty, and pursuit of happiness is worth more than someone else’s re-election chances…while also realizing that a life in limbo may not be preferred to some of the other alternatives.

    Or, as a former co-worker once stated in a slightly more colloquial manner, “Keep fuckin’ around and fuckin’ around, and pretty soon you might not be around.”

    It ain’t like I’m trying to start a GoFundMe to make it happen or anything, but let’s be honest. I don’t think anyone who reads this page would really shed a tear.

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