Justice Waco Style

September 14, 2017

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Justice Waco Style

All four of the Twin Peaks Biker Brawl cases taken away from McLennan County Judge Ralph Strother over the last two weeks are being turned over to Matt Johnson, Judge of Texas’ 54th Judicial District and District Attorney Abel Reyna’s former law partner.

Strother was recused, which is how lawyers spell removed, from three cases on August 30: George Bergman who is represented by Dallas attorney Clint Broden, Rolando Reyes who is defended by former Galveston judge Susan Criss, and Paul Landers, a bikers rights activist who has Austin attorney Millie L. Thompson trying to keep him out of the penitentiary will all now have to make their pleadings to Johnson. Houston attorney Casie Gotro, who represents Dallas Bandido Jake Carrizal, managed to recuse Strother earlier this week only to be stuck with Johnson, too.

After a pretrial hearing yesterday morning, Gotro declared that Johnson was easier to work with than Strother had been. High praise indeed. But a motion hearing tomorrow will determine whether Johnson really is an improvement over Johnson or if that is just an idealistic dream some people had once, like peace.

Broden, who also represents former Scimitar Motorcycle Club member Matthew Clendennen has filed three motions in Johnson’s court and all three betray the nasty and unfair way the whole courthouse gang in Waco, including judges, prosecutors and even some of the defense attorneys have treated the 154 surviving indictees and the 38 unindicted, alleged conspirators in the Twin Peaks case.

Unethical Spying

In one motion Clendennen and Broden want Johnson to either dismiss Clendennen’s indictment or disqualify the McLennan County District Attorney’s Office for spying on a privileged conversation between the two men.

“Undersigned Counsel,” Broden wrote, “has learned from the discovery produced in this case that the McClennan County District Attorney’s Office arranged to be given copies of a phone call between counsel and Mr. Clendennen. This phone call took place when Mr. Clendennen was detained in the McLennan County jail under a $1,000,000 bond set by the Justice of the Peace Walter Peterson.”

Dramatizing Danger

Broden also wants McLennan County’s prosecutorial team to tone down the histrionic show of force the team creates every time a Twin Peaks defendant has a hearing in the case. Yesterday, for example, there were eight armed and armored deputies in the courtroom for what was supposed to be a jury selection hearing for what might have been Carrizal’s trial. It was a preposterous demonstration that was intended to prove that the Bandidos Motorcycle Club is a public danger and might attack at any moment.

In fact such an attack has never occurred anywhere in the world in the entire history of motorcycle clubs. There was a scene portraying such an attack in the 1991 Brian Bosworth movie Stone Cold. It has only happened in a kind of tongue-in-cheek, wide screen, escape hallucination. The cases against all the Twin Peaks defendants seem based on conflating reality and pulp fiction for jurors in a small, conservative, isolated city. Most of what these jurors know about motorcycle clubs comes from drama rather than personal experience or observation. Broden argues in that motion that the presence of unnecessary security will prejudice the jury and deny Clendennen his inalienable right to a fair trial.

“One accused of a crime is entitled to have his guilt or innocence determined solely on the basis of the evidence introduced at trial,” Broden argues, “and not on grounds of official suspicion, indictment, continued custody, or other circumstances not adduced as proof at trial.”

In other words, Broden wants the prosecutorial team to prove that extra security is actually needed when Matt Clendennen goes to court.

Prove It

Finally, Broden has moved to dismiss Clendennen’s indictment because he has been denied his right to a speedy trial.

“Every defendant,” Broden writes, “is guaranteed the right to a speedy trial by the Sixth Amendment of the U.S. Constitution and Article 1, Section 10 of the Texas Constitution.”

“Mr. Clendennen filed a Speedy Trial Demand on or about November 12, 2015 – two days after he was indicted. Likewise, on or about January 27, 2016, he filed a pleading vigorously opposing the State’s First Motion for Continuance and renewing his Speedy Trial Demand.”

It has now been 29 months since Abellino Reyna decided to shock and awe all the witnesses to the Biker Brawl into silence. It might be about time to find out why. The explanation doesn’t have to be true. It just has to be plausible which is something that has so far eluded the whole, chummy, McClennen County Courthouse fraternity.

How Johnson rules on these motions, if he rules, will indicate whether any of the Twin Peaks defendants now have any chance of getting a fair trial or not.

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10 Responses to “Justice Waco Style”

  1. Dutchboy Says:

    Not to disparage Texas or the fine folks there in. Many fine people call the Lone Star State home. Unfortunately a very closed minded, incestuous and inbred political class rules in Wacko (Not a safe place for outsiders on Motorcycles, strange churches or inflammable children). Kind of a “Mayberry meets Psycho” sorta deal.

  2. Dutchboy Says:

    @Dazed, yes, Land of the Free and Home of the Brave. Wacko, Tex-ass is not all of America, not even a fair representation. There are decent LEOs, prosecutors, Judges, et al across the country that are watching the ass clowns in Wacko in absolute horror. How would you like it if this bunch of knuckle heads worked in your industry and you were being judged by their performance? What with the Black Lies Matter and Antifa Fascist calling for the death of cops the last thing they need is the Wacko Retard Circus in the news.

  3. Dazed Says:

    That’s Fucked up Man.Waco is pure corruption.Even Stevie Wonder could see that..Land of the free,and home of the brave? Puh!

  4. Fallendesperado Says:

    My town had a young man who murdered a cop and they are requesting a change of venue because of all the news coverage wouldn’t afford him a fair trial here. I don’t get why they can have any of these trials in waco

  5. Iron Rider Says:

    Broden is right though that having all these guards outside the courthouse and inside the courtroom is prejudicial to his client, because jurors will infer that Broden’s client is so dangerous that they need all these guys with gun inside and outside of the courtroom and Broden knows that would be a jurors impression upon seeing these armed officers.

    Of course having these armed officers is all part of the plan for Reyna and pals because they sure arent going to win this case on the facts if what occurred at Twin Peaks and the evidence they have collected. This in my mind is just another tactic to taint the jury against Broden’s client as will happen for other defendants, and thats sleazy as one can get but dont expect Reyna to play by the rules.

    How Reyna can pick jurors from Waco and not think that the pool of jurors isnt tainted because of the news coverage that was national is laughable, and that will be one of the many defendants arguments on appeal and rightly so because I doubt there is anyone in Waco who didnt hear about Twin Peaks, so finding someone who hasnt heard about the case or didnt have a feeling about what was reported, yeah good luck with that.

    I am sure we will see more shenanigans yet, this is only the start

  6. hero Says:

    Everyone who attended the coalition meeting at twin peaks has been screwed since d at one. Removing one judge who was part of the the prosecution to turn around and have another judge that’s even closer to the prosecutor appointed is just absolutely ludicrous. It sends a real clear message that if you’re a motorcycle Enthusiast you’re not welcome in the state of Texas. I have never ever seen a deck so stacked against anyone let alone the hundred something people that showed up at that meeting. My Hope Is that when this is all said and done 10 years down the road the Texas have to pay out so much money that they stop this kind of crap. My two cents

  7. Mark Says:

    Here’s the larger problem the DA is going to have using experts tell tales about the defendants by trying to paint MC with a wide violent paint brush. Cops call each other “brother” and cops have a closed society that is private. In that simple way it’s like a MC but the huge difference is: When someone in an MC is a real POS, they get their shit pulled and their ass is on down the road. When cops have a real POS in their group, it’s perfectly fine and they circle the wagons for such despicable POS. And even have the union sue for back wages and reinstatement should the POS get fired. The experts have stats that show cops lie under oath and create and plant evidence to help the DA’s case. What the DA in this case wants to do and has been trying to do is an, Ambush trial. Which is not only illegal but against the Constitution. Judge Johnson needs to not be swayed by the talk of lawsuits that are going to take place. Because those lawsuits are going to take place, count on it like death and taxes.

  8. david Says:

    Thanks for another truthful article Rebel, completely different from the local newspaper reporter’s drivel.

    Both “Judge” Johnson AND Un-Abel Reyna TOGETHER, have a major disqualifying reason for either of their asses to be in their respective public offices, conflict of interest, a strong and valid issue upon appeal.

    They partnered before Un-Abel was elected, will probably partner after Reyna is no longer in office, and all past decisions by Johnson on the bench were in favor of Reyna, proving they never STOPPED, being “law” partners.

    2) If Knowing Constitutional Law WAS a requirement for either of the two law buddies to hold their respective offices, AND IT AIN’T, both the Jack Asses would have disqualified THEMSELVES.

  9. RLG Says:

    It is cold comfort for the accused, but all these extra expenses for these trials will politically weaken those in power locally. Contingency funds in government budgets are used to kick back to political donors and if that money is instead used for situations like this it weakens the pols in office.

    If they get any convictions, it will sure be an interesting appeals process with all these shenanigans!

  10. Freebird Says:

    The Spying part will come back and bite them in the ass IMO. That is a privileged conversation. Speaking of spying i am really stuck on the drop camera part of this case. Where was this camera located? On twin peaks property? what does the law require to be legal? I have tried to do some research and cant seem to find anything related to this. If law enforcement can drop a video camera where ever they want without some form of regulation or legal requirement we are all screwed! Great job Rebel you are doing one hell of a job showing the other side of the coin!!

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