Midnight In Waco

July 6, 2017

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Midnight In Waco

Yesterday, after six months, the Tenth Court of Appeals in Waco, Texas ruled that McLennan County District Attorney Abelino Reyna is the law in this part of the Southwest. Whether you like it or not. He won the election. Not you.

The appeals court thinks that what Reyna has done so far – ordering police to arrest 177 mostly innocent people on the basis of their attire, ordering a cop to create an arrest affidavit out of cow pies, ordering a nitwit justice of the peace to hold all these innocents on million dollar, or more, bonds, and ordering Waco’s very own Foghorn Leghorn to slander these innocent people and distribute very unflattering photos of them worldwide – is “due process.”

Removing Reyna

One of those who was wrongly arrested and imprisoned is a former Scimitars Motorcycle Club patch holder named Matt Clendennen. His advocate is a Dallas attorney named Clint Broden. For several reasons they have been trying to remove Reyna from prosecuting the criminal cases he personally crafted out of gunsmoke:

“First,” Broden wrote, “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 for 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.”

And finally, Reyna is being sued by about 100 of those “mere witnesses” for something more than $1 billion so he has an obvious financial interests in convicting as many of his victims as possible.

Let’s Read The Dictionary

Clendennen and Broden want some judge somewhere to hand the case over to an independent prosecutor who wouldn’t have a stake in continuing to rationalize Reyna’s conduct for the last 782 days. Playing by the rules, dutifully following the Zeno-esque absurdities of criminal procedure Waco-style, they asked Reyna’s former law partner, a crooked judge named Matt Johnson, who just happens to be in charge of Clendennen’s case, to recuse Reyna. He stalled for awhile, as if he was actually thinking about it, as if he was spending his time at a big, oak table in one of those law libraries on TV with a half dozen thick books open in front of him. Then he said “no.”

So, 200 days ago Broden filed a document called a writ of mandamus with the Tenth Court of Appeals. Mandamus is lawyer Latin. The word is an uncle of the English word mandatory. Black’s Law Dictionary defines it: “as a command issuing from a common law court of competent jurisdiction , in the name of the state or sovereign, directed to some corporation, officer or inferior court, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the writ is directed or from operation of law. In the specific relief which it affords, a mandamus operates much in the nature of a bill of chancery for specific performance, the principal difference being that the latter remedy is resorted to for the redress of purely private wrongs, or the enforcement of contract rights, while the former generally has for its object the performance of obligations arising out of official station, or specially imposed by law on the respondent.”

Less carefully stated, Broden thought Johnson had a legal duty to remove Reyna from the case, Johnson refused to do it, so Broden wanted the appeals court to tell Johnson to do it.

Answer Is

After sitting in their big leather chairs in their big libraries, with their brown bourbons and their open books before them, after much bourbon disappeared and many books were put away, all three of the appeals judges replied in writing to Broden’s writ.

Chief Justice Tom Gray wrote:

“Fundamentally, Clendennen seeks to recuse the McLennan County District Attorney and thereby prevent the elected district attorney, and all employees of that office, from further participation in the preparation for and trial of Clendennen. The motion, filed and heard in the district court, was denied. Clendennen now seeks review of that ruling by a petition for writ of mandamus asking this appellate court to compel the trial court to set aside its order denying the recusal motion and to issue a writ of mandamus which compels the trial court to order the district attorney’s recusal from the prosecution of Clendennen.

“Mandamus is an extraordinary remedy. It is to be utilized only when other legal remedies are inadequate. Thus, if there is another legal remedy available to Clendennen, a petition for writ of mandamus should be denied. An appeal is normally an adequate legal remedy for trial court errors. In this instance, Clendennen contends that he not be compelled to suffer through a criminal trial by a district attorney who should be recused only to have to present the issue on appeal and then suffer the vagaries of a subsequent review and analysis, and possibly retrial, by an attorney pro tem assigned to prosecute the case against him. The district attorney is obviously aware of the risk of such an outcome and the attendant cost of the discovery, trial, and appeals that result would entail, and much of that work could not be used by the attorney pro tem; if it gets to that.”

“Clendennen’s unsupported assertion that “no right minded prosecutor would have sought an indictment against” Clendennen does not rise to the level of a basis for the district attorney’s personal liability.”

Justice Rex D. Davis wrote:

“The events and circumstances surrounding what has come to be commonly referred to as the “Twin Peaks shootout” are unique in McLennan County. That aside, the decision making on that day by the district attorney, though no doubt well intended, came very close to being an abuse of his professional discretion. Particularly, his not deferring to law enforcement on the issues of arrest and reporting can certainly be called into question. However, even though I have significant concerns about his actions and about how close he was to abusing his discretion, I believe that he did not cross that line.”

And Justice Al Scoggins was the most succinct. After studying all those law books night after night he simply wrote that Clendennen’s “petition for writ of mandamus is denied.”

So there is still no justice for Clendennen and there cannot be until he is eventually, wrongfully convicted years from now, and he files his appeal and his conviction is reversed years after that, and his civil case is tried for years after that and he finally negotiates a settlement.

So, it is still midnight in Waco and the dawn is very long away.

 

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29 Responses to “Midnight In Waco”

  1. Joey Says:

    As many of you know. Many of the then bandidos involved in that shoot out are now Kinfolk. And as many of you all know. The E lPaso chapter of The TRAVESOZ ARE buddy buddy with the El Paso chapter of the kinfolk. Same as Albuquerque NM. The travezoz are buddys with the NM kinfolk. I don’t know about El Paso Travezoz but as far as NM Travezos go. Two members are cops , and the P. is a Correctional Officer in Santa Fe. So Travezoz cops and kinfolk. What a match. Do the background on the kinfolk P. James (aka tattoo) employed by a x bandido put out bad named Greg. NM is bad for clubs period !

  2. david Says:

    The People v The Texas Tenth Court Of Appeals: THE Issue;Whether The TX Judges Or The Law is Supreme In Texas

    Article 6, U.S. Consti. (1787)

    “This Constitution, and the Laws of the U.S., which shall be made ‘in Pursuance thereof’……shall be the supreme Law of the Land; AND ‘the Judges in EVERY State shall be bound thereby’.

    Declaration Of Independence(July 4,1776)

    Governments are instituted to SECURE, Creator granted certain unalienable Rights.

    Declaration’s author rejection of “judicial supremacy”. (1819, 1820)

    Jefferson-“If this opinion(of judicial supremacy)be sound,then indeed is our Consti. a complete felo de se(act of suicide).For intending to establish three departments,coordinate and independent,that they might balance one another;it has given,according to this opinion,to ONE OF THEM ALONE the right to prescribe rules for the government of the others, and to that ONE,too,which is unelected by and ‘independent of the nation’…..The Consti. on this hypothesis is a mere ‘thing of wax in the hands of the judiciary’which they may twist and shape into ‘any form they please'”.

    “They(the fucking judges)have,with others,the same passions for party;for POWER;and the privilege of their corps……And their power the more dangerous as they are in office for life,and NOT responsible, as the other functionaries are,to the elective control. The constitution has erected ‘no such tribunal'”.

    “To consider the judges as the ‘ultimate arbiters of ALL constitutional questions’ is a very dangerous doctrine indeed, and one which would place us ‘under the despotism of an oligarchy’. Our judges are as honest as other men, and NOT MORE SO”.

    In modern language, the dishonest, despotic, Law trampling fucks of the Tenth Court of Appeals are issuing “rulings”, contrary to the Law, in violation of defendant’s PROTECTED rights, contrary to the oaths they swore and, are which are NOT lawful, OR law.

    Jefferson, if he were alive today, would also tell these fucks, they do not even comprise a “lawful tribunal” to hear this appeal. He would also remind these TX “judges” they are “bound” by the Supreme Law (Bill OF Rights,1787) and they are NOT “the law” in Texas.

  3. Gandalf Says:

    Imagine this. The Trump Jr “meeting” with the Russians is Legally similar to the Twin Peaks meeting. Intent: Did the Bandits/Cossacks go to the meeting intending to commit a crime? (fight) Did the Trump 3 go to the meeting intending to “collude” with the Russians… Can Reyna prove it? The Cossacks will say, “I went because it was a open meeting of the COC&I.” (50 strong, armed… posting lookouts) kinda like Trump Jr., “I went to the Meeting about a adoption Law” Both fucked!
    Trump Jr’s Emails PROVE WHY he went. But what about Manafort and Kushner? They only kinda knew.??? If any of the TP’s arrested have E-mails or Texts that prove WHY they went, they are fucked like Jr. Watch Kushner and Manafort’s defense to get tips if you “only kinda knew.” Conspiracy/Collusion is big in the news right now. Get educated.
    As Always… IMHO and Respects.

  4. Gandalf Says:

    @ Hangaround LOL… Really? Craigslist 3some. Dam I love this Judge! She’s Hot. I just heard a guy on Fox News yapping about “We should be cautious how we stretch the Law’s on conspiracy and collusion… we don’t want to damage our rights of association and speech.” IS HE KIDDING ME? Collusion and Conspiracy is what 200 Texans were arrested for… You watch as the Just-us System works on this Trump/Russia thing. “Due-Process” doesn’t include us and is only for them. Trump’s gonna have to be caught with Putin’s dick in his mouth and even then the R’s will say its not a crime. This shit today is crazy. Trump Jr needs to STFU… The things that happened right after that meet are obvious. Trumps tweets and firing CoreyL 10 days later. Trump even sent out a single 1 line Tweet. “I’m with you.” just before he fired Corey… Not proof but I’m thinking any club would have bounced any member thought to be “colluding” with the ATF with that much smoke and that many lies. I’m sorry to say it Trump Fans but dude is Guilty… WAY more guilty that the TP 200. By a long shot.

  5. Hangaround Says:

    @Gandalf,

    Dont forget the hiring call girls from craigslist for a three way! Gonna be a hot time in good ol Texas tonight!

  6. Gandalf Says:

    BREAKING NEWS: The Texas Supreme Court suspended a Houston Judge for smoking a joint and sexting. (She’s Hot too) These people are BATSHIT CRAZY!

  7. david Says:

    “Justices” Gray, Davis and Scoggins, whether they realize or not, are complicit in the ongoing blatant DENIAL of all Defendant’s secure certain inalienable natural Rights, as a direct result of their bull-shit ruling in Broden’s motion to recuse Jack-Ass Reyna. Therefore, all plaintiffs in the many civil and constitutional rights violation suits can NOW name the three bull-shit “justices” as defendants as well.

    Gray,Davis and Scoggins, who are law school graduate attorneys, are held by Courts superior to the one their sitting on to a higher standard of law than the general public. Broden can appeal their bull-shit ruling to the Texas High Court.

    Miranda v Ariz., U.S.Supreme Court (!966), “Where Rights secured by the Federal constitution are involved, there can be NO ruling or legislation which would abrogate them.”

    Reyna’s blatant disrespect for the “People ordained” State and Federal constitution’s inherent Separation Of Government Powers when he commandeered the entire county executive branch, is now disrespected and trampled on by three more Judicial Branch Jack-Asses. Where do these Jack-Asses come from?

  8. david Says:

    Clint Broden’s Second point, Jackass Reyna and Detective Chavez’s contradiction UNDER OATH, clearly evidences the lengths these criminals will travel,to deny defendant’s secured, certain, inalienable, NATURAL rights

    Perjury is lying under oath, same oath SWORN TO, by both parties, with the obvious FACT,one of the bastards is GUILTY of FELONY perjury AND, in contempt of court.

    Clearly, due to NO charges of contempt, no determination by the court as to who the fuck is the FELON, and absolutely no ATTEMPT by the court even show any interest in the matter, proves beyond ANY reasonable doubt, these fuckers and the entire court, are straight out bull-shit artist,criminal fucks.

  9. Paladin Says:

    When the interests of the State usurp the interests of justice, a fuse is lit. How fast that fuse will burn is directly proportionate to the strength of the winds that fan it.

    Paladin

  10. kenny Says:

    I met a old biker. He has this tat. 12 + 1 = N.F.C. Maybe he traveled thru this land of everybody in law enforcment is inner breed. This place killed children with fire…

  11. Paladin Says:

    No one has ever lost money by over estimating the stupidity of the American public.

    Paladin

  12. Gandalf Says:

    i’m not so sure Reyna will win re-election if this thing drags out without trials or He loses any of them… I agree the voters of Waco are blind sheep who don’t care about outsiders but this thing is going to cost them a huge amount of $ no matter what the result is. Reyna himself might want out and take a dive. 30+ Texans arrested but not indicted is a powerful fact that can’t be spun. The Bandits WERE NEVER a Waco problem and the people of Waco might not appreciate having to foot the Bill to take them down. I guess it all depends who His opponent is in the R’s primary… Will He make it an issue? If not the D’s man surly will. No matter what the light should shine on the Twin Peaks (and Baylor) debacle during the election. Anyone who can postpone their Trial past that season should get lots of good press during the Campaign season. HANG IN THERE…. Y’ALL GOT THIS!

  13. Paladin Says:

    @ Phuquehed,

    Dear friend,

    There is no justice. There is only just us.

    And as always, Long May You Ride,

    Paladin

  14. Phuquehed Says:

    Rope. Tree. Reyna and every judge within 300 miles of his office who hasn’t spoken up for honest justice.

  15. Azbrick Says:

    This fiasco is just one of the many ways that the ordinary citizen is getting screwed by the judicial system. One day the citizenry will rise up against this unjust system and the fat cats who’ve perpetrated these crimes will die a very painful death.

  16. Filburt Says:

    “Its especially wrong when governments criminalize the natural, God-given right to self-defense. When injustice becomes the norm instead of the exception, it’s time for a change.”

  17. DD Says:

    Those most enjoyable thought I had while reading this… would be Reyna sent to prison, in an attempt to say he did something about this crap, now we can settle at a much lower rate… meanwhile, mainline is playing spin the bitch Reyna… lol, this has been done in the past to less a city/county settlement burden.

  18. Nuke n' Pave Dave Says:

    @Chasra: More popcorn, anyone?
    Now that’d be one helluva money making concession!

  19. Paula Carroll Swann Says:

    10th court of appeals
    AL Scoggin’s, Tom Gray & Rex Davis
    501 Washington Avenue, room 415
    Waco, Texas 76701-1373
    Phone 254-757-5200
    Fax 254-757-2822

  20. Sieg Says:

    Courts…justice…yeah, right.

    FTF/FTP
    TOSIAR

  21. Chasra Says:

    Just maybe, our grand children will see the final play out of this tangle of snakes in the pit.
    Reyna may or may not be re-elected, but even after that, Waco and the county tax payers will suffer from the burden of this on going farce of a kangaroo court. Bring on the court jesters (Reyna’s buffoons and goons).
    Bring on the Federal suits.

    More popcorn, anyone?

  22. Nuke n' Pave Dave Says:

    When will it finally come around to being a grand conspiracy that “The World’s Devious Conclave of Subversive, Anarchistic and All Around Terroristic Scooter Tramps” designed for the express purpose of bringing down the good citizens of Waco via Abel Reyna so they, said bikers, could ruin the property values of that paradise known as Waco, buy it up for cents on the dollar and turn that fair city into this world’s interpretation of Biker Valhalla? Will Reyna get re-elected? You betcha! He’ll scare the panties off the voters of Clendennen County and just be so pleased with himself for evading that bullet. Right up until it comes time to pay the piper and then he’ll drag the whole damn county right down the tubes with him. Any bets on whether this flight of fancy will become self fulfilling?
    I’ve said it before, I’ll undoubtedly say it again. It’s just a pissin’ match with a big fat skunk and the stink’s gonna spread far and wide! Don’t stand behind Reyna when he’s been eatin’ any beans…

  23. Paladin Says:

    @ Hangaround,

    If the tragedy that is Twin Peaks has taught us anything, it has taught us that no one cares about the railroading of MCs, their members or bikers in general.

    When law enforcement saved Waco from the Branch Davidians, the citizens of Waco cheered. Law enforcement has once again saved Waco, this time from a hoard of murderous MCs, their members and supporters. And once again, the citizens of Waco have cheered.

    Waco and the rest of the world for that matter know all they need to know about MCs, their members and bikers in general. They’ve acquired this vast amount of knowledge through law enforcement via the media. MCs and their members have reinforced the media’s propaganda by way of assorted gunfights, bombings, murders and various MC wars around the world.

    It has taken some eighty odd years of very hard work on both side for us to get where we are today and by the looks of it, both sides are still hard at work.

    Paladin

  24. Hangaround Says:

    @Paladin,

    True I would not expect them to be “enthusiasts”, but as you have noticed in American politics emotions stirred by savvy PR specialists tend to collect more votes than truths.
    If every one in attendance at last years Sturgis rally chipped in five bucks to a motorcycle freedom fund that would be a $2.5 million dollar start towards a campaign along the lines of “First Reyna came for your freedom of speech, Now he wants your guns… “

  25. stroker Says:

    disgusting.

  26. Mark Says:

    Here’s where the courts missed the big picture that they had an obligation to consider. The federal courts in Idaho ruling on Boise County trying to get out of paying a lawsuit that the county commissioners unlawful conduct brought on the citizens of Boise county. That ruling said, the county could not file for bankruptcy because they could tax the citizens, sell county propety and so on to pay for the damages from the lawsuit. So when this moves forward the citizens of McLennan will be stuck beyond their wildest dreams owning homes that they can’t sell because the taxes are too high and likely not being able to pay those taxes themselves.
    The judges have let the common citizen down to protect another lawyer. Some time if asked I will go through showing that lawyers are not citizens of the United States. That’s right the first 13th Amendment took that away from them and it’s been hidden from the time Lincoln used an XO to remove it. Look up, “organic 13th Amendment” for an idea of what I’m talking about.
    Anyone that walks into a courtroom is walking into a closed union shop and not being a lawyer is a second class citizen. This country was never intended to be run by a pack of lawyers.

  27. Paladin Says:

    @ Hangaround

    Those that elected Reyna and the “others” were, and are still not motorcycle enthusiasts. Reyna will no doubt be re-elected by those that elected him in the first place, as will the “others”. It will always be midnight in Waco.

    Long May You Ride,

    Paladin

  28. Hangaround Says:

    Every biker in the entire world needs to remember that Reynas term expires next year.
    The easiest way to remove the veil of stupidity surrounding Waco is to vote the bastard out, and let the lawsuits begin.

    http://www.co.mclennan.tx.us/DocumentCenter/View/768

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