What’s Next In Waco

September 5, 2017

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What's Next In Waco

A recusal motion filed at the beginning of the long weekend by Houston attorney Casie Lynn Gotro on behalf of former Bandidos chapter vice president Christopher Jacob Carrizal just froze the Twin Peaks Biker Brawl case –for at least another month and probably until November.

Gotro filed a handwritten, ostensibly extemporaneous, motion to recuse 19th District Court Judge Ralph Strother in court during a pretrial hearing Friday and filed a supplemental motion to recuse later that day. Strother was involuntarily recused from three other Biker Brawl cases earlier last week.

Following a motion for his recusal, a judge in Texas’ Third Administrative Judicial Region, which includes Waco, can either acquiesce or deny the recusal motion.

Strother denied recusal motions filed on June 30 by defendants George Bergman, represented by Clint Broden; Rolando Reyes, represented by attorney Susan Criss; and Paul Landers who is being defended by Millie L. Thompson. Because Strother refused to quit the case, he was compelled by law to send the motion to Third Region Presiding Justice Billy Ray Stubblefield. Stubblefield then assigned a retired judge named James Morgan to rule on the motion to recuse. The recusal was opposed by McLennan County Assistant District Attorney Michael Jarrett. Morgan read the motions, listened to oral arguments from all four attorneys and then kicked Strother off those cases. All that took about 60 days.

No New Judges Yet

Bergman’s, Reyes’ and Landers’ cases cannot continue until Stubblefield appoints one, two or three new judges. The case can’t just be tossed to another local judge, like 54th District Judge Matt Johnson. Whoever Stubblefield appoints will be a retired judge and the cases will almost certainly be held in Strother’s 19th District courtroom – just without Strother. Unless one of the attorneys moves for and is granted a change of venue all three of the cases from which Strother has been recused so far will be tried by a McLennan County jury. The unanswered question is when.

Recusal motions are rarely granted but Carrizal seems to have better than a puncher’s chance of having his granted. Gotro has been complaining about the unfairness of the proceedings against Carrizal for months. Her motion reads in part, Judge Stother’s “comments and his actions have demonstrated he is either unwilling or unable to remain fair and impartial in this case. Further, Judge Strother’s blatant bias for the State and equally blatant animus for the defendant and his counsel have reached fever pitch and are so extreme they have resulted in an outright denial of defendant’s rights to counsel, effective assistance of that counsel, due process and due course of law. If justice is to be served, Judge Strother must be recused immediately from these proceedings.”

Gotro accuses Strother of abdicating his adjudicative responsibilities. She accuses the judge of refusing “to hear legal arguments and factual proffers from the defense thereby allowing the State’s arguments and proffers to go uncontroverted. This conduct also deprives the defendant of his right to make a record and preserve any errors for appellate review.”

Unfair Or Corrupt

Strother’s conduct, as described in Carrizal’s recusal motion seems, at least to an ignorant layman, to be somewhere between unfair and corrupt. For example one passage in the motion argues:

“The State has made material misrepresentations regarding the existence of audio recordings and video recordings made by law enforcement on May 17,2015. When defense counsel was finally able to locate enough independent corroboration proving this evidence existed, the State finally produced the evidence – to include an additional hour of video footage from one police car and nine audio recordings of witness statements – all of which have been in the exclusive possession of the State for two years and all of which are now known to be favorable to the defense. Judge Strother has failed to make a single inquiry of the State regarding this material and favorable evidence. Rather he continues to blindly accept the State’s illogical and preposterous excuses. Undersigned counsel has on at least four separate occasions attempted to produce independent evidence that the State is withholding evidence – to include live testimony and contradictory offense reports. Judge Strother consistently refused and continues to 1) review this evidence 2) allow the defense to make a factual proffer or 3) make any statements on the record critical of the State’s conduct.

“When defense counsel asked Judge Strother why he was denying the defense the right to be heard, his response was: ‘Because I can.’”

Gotro issued 18 subpoena’s in an attempt to find evidence of Carrizal’s innocence. The subpoenas included summonses to State Director of Public Safety Steven McCraw: Jason Stolle, the Waco policeman who searched all the confiscated cell phones; and McLennan Copunty Sheriff Parnell McNamara. Strother refused to even read any of them.

Friday, the judge wrote: “I, Judge Ralph T. Strother will not be voluntarily recusing myself from hearing this case.”

Stubblefield would have seen Gotro’s motion today. He hasn’t had time to appoint a retired judge to rule on it yet and he may not for weeks for a simple reason. More recusal motions are coming and Stubblefield is running out of retired judges.

 

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15 Responses to “What’s Next In Waco”

  1. Nuke n' Pave Dave Says:

    They should make a soap opera out of all this crap and name it Peyton Plaza.

  2. xplor Says:

    To answer Dasein’s question, Why they use “retired” judges.
    You are talking about the best gang out there.
    Where can you collect a great retirement and still make a lot of money in your spare time. You could say judges are as thick as thieves.

  3. Cookie Says:

    Maybe, just maybe the tide is starting to turn!
    Cookie

  4. Gandalf Says:

    Whatever happened to the Child Porn that was supposedly, “found on the Bikers cell phones?” It made a good story in the Waco Trib one day. These people in Waco don’t give a Ratz ass about Justice. Where is Jade Helm when you need Her? Sure would be nice to see the 101st Airborne dropping from the Sky over Waco and Locking up ALL these imposters up in the Walmart. Must be lots of real kiddie Porn on their Phones.

  5. no hope Says:

    For the last 2 plus years, I have read about the corruption of Waco but very little about why the bikers were there.The meeting was to go over new profiling laws; find out why the DPS was trying to aquire the funding from the motorcycle safety and awareness to be put in a general fund, and help organize some of the Christian clubs to support the Motorcycle Response Teams (MRT): that would help if a rider went down in an area, who would volunteer to do what.
    We have been told that it started in the restroom, someone had their foot run over, but it really was in the parking lot and law enforcement has the tapes. The police started rumors that the Cossacks were being forced to join the COC, but that is untrue because the COC doesn’t enlist groups that have law enforcement in their membership, that would be like putting the fox in the hen house and bitching about dead chickens.
    Because of the proper placement of sniper teams earlier that morning, 9 were killed and over 2 dozen wounded during the incident. Seconds after the killing was stop, the DPS, DHS,DEA,FBI,AFT and locals were on hand to arrest those fleeing for cover.But the best is yet to come, with corrupt politicians:DAs and Judges; this will cost millions of dollars and ruin thousand of families. Yes, a Ham sandwich with cheese can be indicted in Waco Texas but it takes 4 to 4.5 minutes with or without evidence.

  6. Wretched Man Says:

    Thanks Rebel for keeping this travesty in focus.
    Without a doubt more than 2 years of smoke and mirrors the persecutions case will hopefully be exposed for the fictitious delusions of an inbred myopic sycophant media slut, and all those innocent Waco hostages can be exonerated.
    I’m with BMW on this, why is the ACLU silent?

    respects
    Wretched

  7. david Says:

    Beyond either unfair or corrupt, Pig Strother is a stone-cold lying tyrant.

    1) Open admission in a public forum he IS denying, the accused his Bill of Rights protected right to due process, after oath swearing to do the opposite.

    2) Public forum record controlling which amounts to court record tampering, a felony.

    3) Blatantly, knowingly, unlawful: combined with not giving a fuck.

  8. BMW Says:

    Hopefully the innocent hostages will get a better shake, but I really doubt they can get a fair trial anywhere close to Whaco. Maybe in Austin or San Antonio–but I would not bet on the innocent not being found guilty of some specious charge where they face such inbred corruption and cronyism.

    WHY DOES THE ACLU REMAIN SILENT IN THE CASE OF THE INNOCENT HOSTAGES OF THE CORRUPT WHACKO INJUSTICE INDUSTRY AND THEIR CONSPIRATORS???
    BMW

  9. Bone Head Says:

    Maybe it’s not too late…justice may yet prevail.
    Thank you Rebel.

  10. Dasein Says:

    Rebel: Why do they need to be “retired” judges?
    Thanks

  11. East Coast Says:

    Sorry about the duplicate, please delete one

  12. East Coast Says:

    finally a few bricks in the wall of injustice crumble.
    Hopefully after a couple of years of ruining many innocent men’s lives, these rare honorable lawyers are making headway exposing the extent of Waco corruption and their efforts to hide the truth and blame innocent men.
    Condolences again to the families that paid the ultimate price and good luck to those still being persecuted by the lying authorities. And thanks to Rebel, the world will hear the truth as it is exposed.
    The unfortunate reality is that this is another example of how the system can intentionally ruin our lives just by aiming at you.
    Just like rounding up some of the best men in a club and persecuting them based on a statement made by a rat and recently exposed as a lie from the start, this shows how low the officers and their judicial co-conspirators will go. In that case we can hope that the walls of injustice fall before what’s left of those men’s lives are ruined. That whole shit-show was executed after the lie that it was based on was exposed as a lie and previous persecutions of it were overturned.
    We must all thank rebel for always shining the light on the dark holes that need to be exposed.

    FTF FTP

  13. East Coast Says:

    Finally a few bricks in the wall of injustice crumble.
    Hopefully after a couple of years of ruining many innocent men’s lives, these rare honorable lawyers are making headway exposing the extent of Waco corruption and their efforts to hide the truth and blame innocent men.
    Condolences again to the families that paid the ultimate price and good luck to those still being persecuted by the lying authorities. And thanks to Rebel, the world will hear the truth as it is exposed.
    The unfortunate reality is that this is another example of how the system can intentionally ruin our lives just by aiming at you.
    Just like rounding up some of the best men in a club and persecuting them based on a statement made by a rat and recently exposed as a lie from the start, this shows how low the officers and their judicial co-conspirators will go. In that case we can hope that the walls of injustice fall before what’s left of those men’s lives are ruined. That whole shit-show was executed after the lie that it was based on was exposed as a lie and previous persecutions of it were overturned.
    We must all thank rebel for always shining the light on the dark holes that need to be exposed.

    FTF FTP FTUO

    Respect to those who give it
    To hell with those who don’t

  14. Dutchboy Says:

    Hats off to Judges Stubblefield and Morgan. Both of these legal professionals are following both the letter and spirit of the law instead of giving into the “good ol’ boy” pressure that you know was applied to them. A criminal is dangerous, a criminal with a badge even more so, and a criminal in a black robe is the worse possible sort of criminal. The first is a danger to the individual, the second to the community, the last is a threat to all of society. I doubt we will see Strother doing the perp walk, but maybe we will see him stripped of his gown.

  15. Iron Rider Says:

    Of course Strothers won’t recruse himself, hard to help the prosecution from the couch at home, I think we all knew Gotro was going to file A recrusal motion now was the timing purposely done, could be but remember Strothers was asked previously by other counselors to do that and he denied it.

    Now the question will be do we see a pro Reyna judge come into play or one that at least may attempt to appear impartial even though I doubt that will be the case because I still believe the fix is in.

    Is there evidence the defendants havent see, sure there is, where is all that Twin Peaks and surrounding bushiness surveillance camera footage that was scooped up by the Waco PD? What about all those witness statements from the people at Twin Peaks and other businesses. What about all the radio traffic from when the police got there and set up that morning and when they finally left? Lots of stuff I bet the defense hasnt even seen yet hidden away or accidentally erased ~ wink wink ~

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