More Waco Foolery

November 29, 2017

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More Waco Foolery

Dallas lawyer Clint Broden continued his guerilla war against the Waco Courthouse Organized Criminal Enterprise yesterday.

Broden filed a memo and a motion last September 28 on behalf of his client Burton George Bergman. The memo was in support of motion Broden had filed July 15, 2016 to disqualify the McLennan County District Attorney’s Office from prosecuting Bergman’s case and Appoint an Attorney Pro Tem to either try the case or drop it. The motion accompanying the September memo sought the disqualification of Judge Matt Johnson from ruling on the disqualification of Reyna’s Courthouse Mob because Johnson and Reyna are former law partners and because, at various moments in the prosecution of the Waco Twin Peaks Mass Murder, Johnson has looked like a co-conspirator.

And, of course, this poor attempt to begin to describe what yesterday’s hearing was even about betrays one of the fundamental wrongs in this whole, ridiculous prosecution: Five hundred two days elapsed between the filing of Bergman’s motion and a hearing on it.

To Recap

Johnson didn’t preside over yesterday’s hearing. A retired judge named Joe Carroll did. Johnson recused himself from the hearing because that was what black and white law said he must do and most the chicanery in Waco for the last three years has been procedural anyway, at least after the first month.

Reyna and his co-conspirators have already recused themselves from prosecuting Matthew Clendennen, one of Bergman’s many, fellow defendants and another of Broden’s clients. Broden thinks the same arguments should apply to Bergman’s case.

The evening of the mass murder, Reyna overruled police and demanded that 177 witnesses be arrested. He also urged a local, yokel justice of the peace to lock them all up where they couldn’t corrupt the official narrative until they each made a $1 million bond. The official narrative was that merciless members of the evil Bandidos Outlaw Motorcycle Gang and their evil allies deliberately came to Waco to attack members of the Cossacks Motorcycle Club. There was an FBI investigation of the Bandidos ongoing at the time in which, coincidentally, the federal police were trying to prove exactly the same thing Reyna recently tried to prove in the $2 million prosecution of a locomotive engineer named Jake Carrizal. Also, by pure coincidence, Reyna was under investigation by the FBI. And there is evidence that Reyna thought this mass murder would be good for his political career.

Broden’s point about recusing Reyna, which looks almost quaint when you write it down, is that the policeman who investigates and arrests a criminal suspect and the prosecutor who decides whether the policeman has done a good enough job to try the case should be two separate people. To date, 20 defendants in the case have asked to be prosecuted by some other state lawyer.

Learned Counsel

Broden was opposed in yesterday’s hearing by Assistant District Attorney Brody Burks who tried to rebut Broden with two arguments that have been made over and over in all the Twin Peaks cases. First of all, even though the affidavits that authorized Bergman’s arrest and Clendennen’s were both written by Reyna and were identical except for a blank space to fill in the names, the two cases are unique, They aren’t identical. “That case,” Burks said of Clendennen’s case, “is not this case,” by which he meant Bergman’s.

Secondly, Burks argued that that it doesn’t matter how dirty and illegal the arrests of Broden’s clients were because they were both eventually indicted by a grand jury. The grand jury indictments were Holy Water. They washed away all previous, prosecutorial sins.

Not wanting to rush this important matter, Judge Carroll told the lawyers to each right him a term paper by Friday. He promised to make a decision by December 8.

So not much happened yesterday in Waco. But Broden’s efforts on behalf of Clendennen and Bergman are amusing and uplifting like a good, old fashioned Broadway show. The kind they don’t make anymore because this isn’t a country that can imagine those shows anymore

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35 Responses to “More Waco Foolery”

  1. Rojas Says:

    Another HCCLA_Reasonable Doubt episode with insight on the Waco dynamic.
    This one took place during Jakes trial but it speaks of things come.
    Guests are the Mark Bennett (Texas Tornado) and Paul Morgan.
    Second half of the show covers Waco.

    https://www.youtube.com/watch?v=OxM4ruSkP4w

  2. rw Says:

    Was wondering the same thig

  3. Jim Jones Says:

    “He promised to make a decision by December 8”! Well it’s December 8th, any news?

  4. Iron Rider Says:

    @ Mickey

    Thanks for the link. Listening to the two panelists and Gotro talking about Twin Peaks and everything that went on with the case and then Gotro meeting with the tree special prosecutors and outlining the problems with the Twin Peaks case with Broden there as well was interesting to hear. I wasnt aware that the Mc Lennan county sheriff had ignored three court subpeona’s Gotro has sent him and he never responded at all, hmm wonder what eh had to hide.

    More dirt coming out from under the carpet. Be inteeresting to see where these special prosecutors go after Gotro and Broden meeting with them and pointing out all the problems with the Twin Peaks cases

  5. Michael Says:

    Rebel,came across a documentary on espn about Baylor b-ball and guess who was in reyna if you can find it watch it major coverup

  6. scootertrammp Says:

    @ Nick You and and other ignorant wannaposin clueless fucks like you in the universe who try to be something they are not and think you are important in our world are the reason abortion should be made retroactive ! ! !

    Love and Respects to the rest of Y’all

    TRAMP

  7. Tooj Says:

    @Nick, shitting where you’re attempting to eat is bad form. Rebel will do what Rebel will do. I think I can say a lot of us are just fine with that.

  8. Legendary Jim Says:

    You better not me making fun of The Knight of the Woeful Countenance, El Illustre Hidalgo Don Quixote de la Mancha. He is the only one in the pantheon of knighthood who makes any sense to The Legendary Jim Parks, as a Holy Knight, and he sprang full fledged from the brow of a Naval hero of the Battle of Lepanto, the one-armed Knight Templar Miguel de Cervantes y Saavedra. Be it remembered that Sir Knight Cervantes wrote the entire novel during his incarceration at Barcelona for embezzlement from the Spanish Royal Navy in the matter of chartering ship loads of oranges from Morocco as consignee and shipping them to France. He pocketed the money, but swore up and down he intended to pay His Majesty all along – plus a tidy profit for the Throne. He went to his grave saying he was punished for being overly patriotic, and I choose to believe him. That I do. So mote it be. – The Legendary

  9. Iron Rider Says:

    Ford those that are interested I follow a lot of cases and have been that are past and present over the years that involve prosecutor misconduct ranging from a wide range of crimes where there were allegations that the prosecution/law enforcement was not playing by the rules.

    Some cases are active, some have already had decisions rendered in them. With that said there is a lot of interesting reading in how the defense counsel and ultimately the court sorted thru the allegations against prosecution and law enforcement and then rendered a decision on what transpired.

    As I said earlier it makes for some interesting reading when you see much like Reyna and Co there are a lot of prosecution and law Enforcement playing fast and loose with the evidence and facts of a case all over the U.S. and you’d be astonished at just how far the prosecution will go to get a win.

    Here are a couple links for those that might be interested in doing some reading when you have some downtime because Reyna and Co aren’t the first Prosecutors to go rogue and they definelty wont be the last either.

    http://www.prosecutorintegrity.org/

    http://www.prosecutorintegrity.org/registry/database/

    https://www.innocenceproject.org/tag/prosecutorial-misconduct/

  10. Gandalf Says:

    Let me put it to you this way… If this man is a Club Member. And this Crime involved a Club House. And a Guilty verdict comes down. You can bet your Last dollar the Feds will be indicting many members in a Rico case asap. When those Members, who are innocent of any crime but are just high ranking members, are facing Life in Prison… They better have some defense like closing down that Chapter Clubhouse. Something… anything that shows they are not about that. I gotta wonder what Jake would do if that happened in His Chapter. He being 100% innocent of the crime that happened in his house… I don’t know and have no advice as to what The Club should do. I am just a shoemaker, if my son was guilty I would defend Him no matter what but the idea that my family could all go to Prison for His crime might change that.

  11. James W Crawford Says:

    Re Nick,

    You should come to Portland where the local news does not focus much on the Portland Cops who:

    Shot a fellow cop during an elk hunting accident.

    Committed suicide after shooting his wife in the back 4 times, orphaning her newborn baby.

    Critically wounded his wife in an obscenely brital manner after neglecting to unload his 12 gauge before sodomizing her with it.

    Rebel is not concealing crimes committed by members of OMC. I suspect that Rebel would be the first to admit that such evrnts occur but that is not the purpose of his blog. Rebel’s purpose for yhis blog is to expose the malicious prosecution of OMCs based on grossly inflated perceptions of crimes by OMCs.

    Incidentally; the killing of that bartender appears to be a domestic homicide unrelated to any activities of any club that the alleged perp might have belonged to. Would you consider it important to make an issue ofit if the perp had belonged to the Mickey Mouse Club?

  12. Gandalf Says:

    @ Nick; We live in a dangerous world. There are good and bad in all groups. If the Media were honest and covered all groups of people equally Rebels page wouldn’t be needed. BUT Rebel plays on an uneven field and if He doesn’t cover a story because it makes Biker Clubs look bad… can you blame Him for playing by the rules set by other Medias? Do you complain when CNN doesn’t cover the Waco Trial? Or do you blame the Air Force for the guy who killed those people? Did you complain to the other Medias ignoring Twin Peaks reality and obvious Spin? I think not. It’s my hope that if the Club knows what happened they would handle it on their own. But not rat. If they believe their brother is innocent, support Him… if not… It’s not my place to advise them what to do about it. But a Guy who is guilty of a crime like that puts all innocent Club Members in Jeopardy from Pissed off Fathers to Mr. RICO.

  13. Freebird Says:

    @ Nick

    If he was an alleged member of the Church of Christ would that change things?

  14. Rebel Says:

    Dear Nick,

    Really? Why? Why should I cover this story? Because the ass clown from patch.com wants to play it as a story about a motorcycle club?

    Rebel

  15. Mark Says:

    This Waco matter has gone far beyond a local situation to being a Texas problem. Good and sound businesses that want to bring some good jobs and money into Texas are wondering how far sideways some Hicks and Hacks in local government can go. I’m talking sound S corps that hire around 70% of the working Americans in the private sector. Not the greedy C corps. This Waco matter shines light on corruption where the locally connected can get around justice. All the signs that worry business owners where corruption in local governments can scam and steal from the bottom line. Waco is a huge black eye and clearly isn’t creating positives for Texas. Waco at least should stop using the, Lone Star of Texas with anything to do with Waco. Waco needs to use their own logo, the Banana.

  16. Nick Says:

    I’m surprised this website has no article about the outlaw member arrested in Joliet for killing that bartender chick.

  17. Filburt Says:

    Waco’s Frozen Chosen Apostasy!

  18. Gandalf Says:

    @david… NOW THATS FUNNY! (and True) Bernadette is right about The Texas Bar. TY for your comment. It’s refreshing to know some people in Waco care. The Bar Allowing this to happen is like the firemen burning down the firehouse. Unbelievable. The TP defendants and Lawyers should be filing complaints in mass. Cassie especially. Reyna and the 2 Judges should be the topics of these complaints. Lawyers consider it snitching when someone files a complaint. It’s hard for a Defendant to file a complaint. Check the Ethics Rules. Ya gotta askr your Lawyer for him to File something particular like a change of Venue. (Cert R/R) Give Him 30 days to file. Then write the Judge to complain about your Lawyer and ask for a new lawyer. If the Judge doesn’t do it… it’s a violation for both Judge and Lawyer (PD). THATS how you get them. Your request must be something specific like “To recuse Reyna and Johnson as per Clint Brodens Motion” By them not doing it and you having it all in certified Letters R/R… That Violates the Ethics Rules.

  19. david Says:

    The entire town needs to be painted Red, as was done to the town in Clint Eastwood’s movie, “High Plains Drifter”.

  20. Dutchboy Says:

    What is it with the “Retired” Judges? Are there ANY Judges in the Lone Star State not half lost to decrepitude and senility? “Hey Judge, we know you haven’t rode the bench since before the internet but wanna help put away some long hairs? Just play at being impartial and try to not fall asleep or drool too much.”. Maybe I’m being too harsh but why don’t they want any Judges NOT FROM HERE? Hmmmm, guess I answered my own question.

  21. BigV Says:

    Fucking Waco: Where you go to live out the Stepford Wives as a Stepford Wife…

  22. TX_Biker Says:

    Why am I not surprised…

  23. david Says:

    @ Bernadette Feazell

    Not only does the county look like hell, it IS Hell, and the torturing devil is Un-Abel Reyna.

  24. Freebird Says:

    Joseph Goebbels 12 January 1941

    The essential Waco leadership secret does not depend on particular intelligence. Rather, it depends on a remarkably stupid thick-headedness. The Waco leadership follow the principle that when one lies, one should lie big, and stick to it. They keep up their lies, even at the risk of looking ridiculous.

    Teacher or prophet?

  25. Shameful Says:

    Correction: William Anderson, not John Anderson. But still being confused with James “Spaz” Anderson, who was NOT killed at TP, and was not deceased at the time of indictment.

  26. Shameful Says:

    @ Old & Jaded and Gandalf:

    I believe that what PCS is referring to is actually a name that the first round of indictments were charged with, and successfully indicted, but was never even at Twin Peaks. The deceased biker who was indicted was James Anderson, aka Spaz. John Anderson is the name of the person that the first round of bikers who were indicted were charged with murdering, as he was listed as one of 10 people who were killed at TP (we know there were only 9). Reyna described it as a typo. But how could you look at the grand jury process, and how it SHOULD work, and know that over 100 people were indicted for killing a man that was not even there? How can the DA’s office say that they provided individual probable cause on each of these defendants for these acts, when one of these acts never even occurred? It amazes me that the justice system continues to excuse the blatant violations of the Constitution and law as it was intended, just to put more marks on the proverbial headboard…

  27. Bernadette Feazell Says:

    The level of extreme unchecked corruption has led to a “dumbing down” of the Bar itself in this County. State Bar of Texas has also contributed to this free for all by effectively allowing attorneys all over the State to do just about anything they have felt like for a few years now to the point where the Legislature wanted to Sunset them. So, there’s been no place to go. I am afraid that there still isn’t. It is my belief that this FBI agent, Daniel Brust has, through total inactivity helped further this process since 2013! The people around Reyna, who may have been better folks back then, don’t know if THEY themselves are G Men or part of Reyna’s circle. Should they stop him or let it go on. Obviously, while waiting for instructions from the “Mother Ship” FBI agent, they’ve let it go on. So has everyone else. Well, till TWIN PEAKS. Under the microscope of out of towners we look like hell, and should. Thank you Aging Rebel and all for making us look at ourselves.

  28. Gandalf Says:

    @ Old and Jaded… Yes, LOL. One of the deaths the 177 were indicted for died in Nebraska. It’s been so long that I’m not even sure of that myself.
    Probably they best way to deal with a Bully you can’t just stomp is to be unafraid and completely ignore them. It really upsets them when you can’t be provoked and won’t be scared. As a suggestion to Rebel maybe the best tactic at this moment is to do everything possible to distract His readers with other Stories, about other Clubs. I’m thinking He has been neglecting some other Stories in the Past few Months. Gather up every Waco Story in Dec and give us 1 Story to review.
    As for myself… Jakes Victory made me (and a lot of you) feel good. I’d just assume baste in that feeling for awhile. I was tired. In January Come out fighting again.
    PS: I know that Bail can have lots of conditions but something tells me with Jakes Hung Jury, Public Opinion and the amount of time that has past… and estimated date of any particular trial… These people are not going to revoke your Bail unless you commit another Crime. IMHO (Maybe its time to plan a covert Christmas or New Years Party with your brothers)

  29. Old & Jaded Says:

    Pardon this second post…I meant to note below that worst of all is the toll this is taking on the unjustly accused. I hope this new year quickly brings them justice – and that they sue the County and the other players for civil damages.

    As an aside, Gandalf, right again. There is no point stressing about what we cannot control but depending on the circus, much easier said than done. There seems to be hope for many of these defendants thanks to some dedicated defense attorneys that truly seek justice are not going to be intimidated. Indeed, may they all enjoy the holidays.

  30. Old & Jaded Says:

    @Paula Carroll Swann

    Did I read your post correctly? The Grand Jury was presented with evidence and handed down an indictment in the Twin Peaks case on a victim that had died years earlier?

    Geez, maybe they included all of the outstanding traffic warrants in Waco too in these indictments. At the rate this mess is going, tax payers throughout the state will have to foot some of the expenses of this charade. I hope that Reyna is soundly trounced next March – or indicted; preferably the latter.

  31. Gandalf Says:

    Part of being charged with any crime is the Stress while waiting for Trial. In most cases a person is arrested, makes bail, preliminary hearing…. then the waiting begins. LE, Your Lawyer, and the DA ALL put your file up and forget about it.
    (obviously TP is not a most case) But the Game remains the same in that most of these Defendants files haven’t even been looked at by the DA or Defendants Lawyer. All the standard Requests for Discovery was already filed. Then They usually wait for a Trial date to start working and/or complaining about Stuff. Broden isn’t “Most Lawyers” and has been at it since day 1. TY Mr. Broden. But Most Files won’t be even looked at in Dec by Reyna OR your Lawyer.

    What I am trying to say is ya gotta try to forget about it. Live, Laugh, Love. For The Holidays. Like it doesn’t even exist. Esp Jake. (They are) Don’t pay them more with your stressing during the Holidays. Do what you always do as best you can without thinking about it.

    Had this been a Assault or Drug case that’s EXACTLY how you play it. Fuck it. They ain’t thinking about me why should I think about them. In a normal case I don’t even answer my Lawyers calls until I have a Trial date. I also only tell Him that “I’m Innocent and can prove it.” I give Him NOTHING MORE because He has to tell the DA of any Alibi or evidence of Innocence I have. Fuck Him. They can all get my evidence on the day of Trial. “Trial By Ambush” cuts both ways and If your Lawyer doesn’t have your Alibi until the day of Trial… It’s admissible. (New Information) 2 can play the ambush game but your Lawyer MUST disclose stuff like that… Unless He doesn’t Have it yet.

    THAT SAID: Forget about Waco until Jan1, 2018. Defendants should enjoy their Families during the Holidays. It’s Mind over Matter… hard but doable. FORGET THESE ASSHOLES UNTIL JAN 1…

  32. Paula Carroll Swann Says:

    Yes and the grand jury indicted all 106 for the murder of William Anderson who wasn’t even there and passed away in 2010. Carrizal, Bergman & Clenndenn was among the 106. So I wished Broden would have addressed that on record.

  33. Iron Rider Says:

    Burk’s assertion that the cases of Clendennen and Bergmen and any of the others that were indicted from the Twin Peaks fiasco are “different” is just pure bullshit.

    All the Twin Peaks defendants were all indicted under the same identical charges, they were all indicted and will be tried with the same evidence. All Twin Peaks counsels are getting the same data dumps by the D.A.’s office, so tell me how Bergman and Clendennen, Carrizal and any other Waco Twin Peaks defendants case is different? The only way that they may differentiate is how they are prosecuted by the D.A.’s office.

    Burk’s assertion that the cases are different is fantasy and not based in reality in anyway whatsoever when you have indicted 177 people with the same charges using the same evidence and have dumped the same discovery on any defendants counsel who has a client from Twin Peaks. I would have loved to hear Burk explain to the court and Broden the differences in the Clendennen and Bergman cases? Because there isnt one.

    As for Carroll we will see if this Judge is going to pull a Johnson and make it look like he is going to read briefings and submissions and then rule much like Johnson would and that is for the prosecution. So we will see if this was a hearing or just a dog and pony show.

    Much like many of the District Attorney’s office handling of hearing in these cases, there never is any specifics just general characterizations of their evidence and case but little substance to back up what they say. I have yet to see a concise argument on any points of one of the D.A’s cases against a Twin Peaks defendant come out of any member of Reyna’s staff, if it wasn’t for the fact that Strothers and Johnson have Reyna’s lips planted on their ass, the D.A. wouldn’t have won one pretrial or trial motion in any of these cases.

    Reading the D.A.’s motions and having to listen to Reyna’s underlings utter myth after myth about their cases against Twin Peaks accused is like picking a DVD out of the discount bin at Walmart, you have no idea what your going to get for that 2 bucks until you start watching it and realize just why this DVD was in the discount bin and deservedly so.

    I mean really what is so different about the evidence in Clendennen’s case that is different from Bergman or any other Twin Peak defendant? Is the D.A. going to produce a rabbit out of the hat? I doubt that and after watching the D.A. take their turn at Carrizal I am surprised they are allowed to prosecute jaywalkers after their brilliant prosecution mantra and tactics during the Carrizal case that made a new born puppy’s whimper look like a roar when compared to Reyna and Co’s prowess.

    Like anything we have come accustomed to seeing out of the prosecution so far in the Twin Peaks cases there is a lot of inferences to the prosecutions overwhelming might and abundance of evidence that is sure to convict any Twin Peaks defendant and how any defendant who doesnt come grovelling to the D.A. to barter a deal to save them from years in prison is the image that the prosecution is trying to project to the accused and their counsel, after Carrizal the prosecution looks more like an inept, incompetent bunch of buffoons who look like they would have trouble with jaywalking cases never mind cases that are supposedly a slam dunk like the Twin Peaks cases were to be in the prosecutions mind.

    So as much as the prosecution wants you to believe that aura of mystery and last minute rabbits being pulled out of a hat will amaze and convince you of their magical powers and confidence just remember back to the Carrizal cases and remember it was a lot of smoke and mirrors and nothing more than bullshit of trying to get your to believe in an illusion that just inst there

  34. Paladin Says:

    “Secondly, Burks argued that that it doesn’t matter how dirty and illegal the arrests of Broden’s clients were because they were both eventually indicted by a grand jury. The grand jury indictments were Holy Water. They washed away all previous, prosecutorial sins.” Never mind that the grand jury’s “Holy Water” was drawn from a poisoned well.

    If one listens to music played out of tune at the exclusion of all other music, one might begin to accept that the music one is listening to sounds just fine. Waco’s judiciary has been playing out of tune for so long that those that are listening may come to believe that it sounds just fine.

    Paladin

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