Maybe Waco September Trial

April 22, 2017

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Maybe Waco September Trial

The first trial in the virtually forgotten Twin Peaks Biker Brawl case is still scheduled for September 11 in the 19th District Court in Waco before Judge Ralph Strother. Former Cossack Motorcycle Club member Cody Ledbetter may finally get his day in court then  But that trial date, like every trial date in the case so far, is likely to be vacated.

The trial of another Cossack named Kyle Smith, which had been scheduled for June 5. was cancelled yesterday by Judge Matt Johnson. All the world has already seen Smith, wearing Cossacks soft colors, firing a large automatic pistol as he entered the Twin Peaks patio, Smith was clearly panic stricken. A member of another motorcycle club had just fired a warning shot at Smith’s feet and he was obviously trying to stay alive long enough to escape the battle. The edited footage was apparently leaked by the Waco Police Department to CNN who first broadcast the out of context image of Smith.

Kyle Smith’s attorney, John Hunter Smith, asked Judge Matt Johnson for the postponement. The prosecutor’s office is still hiding evidence in Smith’s case and McLennan County District Attorney Abelino Reyna did not oppose the continuance. The delay shouldn’t surprise anybody.

What Secrets Why When

Reyna has been cynically stalling all 192 of the Twin Peaks Biker Brawl cases for almost two years. Last month he filed a “Disclosure of the Existence of Federal Evidence Not in (Reyna’s)  Possession or Control” with Johnson. He wrote:

“On March 28, 2017, the McLennan County Criminal District Attorney’s Office received a letter from the United States Attorney for the Western District of Texas, Richard L. Durbin, Jr. This letter provides the broad outlines of an investigation into the Bandidos Outlaw Motorcycle Club, United States v. John Portillo, et al., Cause No. SA-15-CR-820 (see attached). In the letter, Mr. Durbin declines to share any information or evidence relating to that investigation at this time. Mr. Durbin has indicated that the information will be disclosed to the McLennan County Criminal District Attorney’s Office once the trial is complete.

“Although no specific disclosures were made, Mr. Durbin acknowledges that the federal investigation has information which relates to the events at Twin Peaks in Waco, Texas on May 17, 2015. Although the federal investigation was underway when that incident occurred, neither the fact of the investigation nor any information pertaining to the investigation were shared with this office.”

It is anybody’s guess what the federal government is pretending to have or why it is pretending it can’t, 18 months into the Bandidos case, disclose the secret evidence in its possession about the Twin Peaks. The usual reason given for hiding the details of a motorcycle club prosecution is that biker clubs are so dangerous that to release the details of what prosecutors know and how they know it would be a death sentence for all the snitches and undercover officers who might eventually testify at trial. Of course there are never any trials in federal biker cases. There are plea deals and civil forfeiture suits instead. And even if there were trials, it would still be a ridiculous claim, unsubstantiated by factual precedents and based, like almost the entire Twin Peaks case, on sensational television shows and biker movies from long ago.

Looney Versus Strother

The continuance of Smith’s trial means that there are no trials scheduled before Ledbetter’s. His attorney. Paul Looney, has been trying to get his client to trial for at least 16 months. At a hearing on January 8, 2016 Looney told Strother that his client has “suffered serious and longstanding harm, a lot of emotional issues by virtue of this incident where he watched his father die,” and that he “is being denied the opportunity that other crime victims have to receive state crime victims’ funds. Because he’s being accused of a crime, he’s now not eligible to receive the benefits he would otherwise be entitled to. And a fair reading of the discovery and my own investigation yields that he is a crime victim and not a criminal, and he needs to be put in the proper posture so that he can quit being denied the opportunity to have the benefits that the law entitles him to.”

Ledbetter’s father, Daniel Raymond “Diesel” Boyett, was killed by police at the Twin Peaks.

At one point, the first Twin Peaks trial was scheduled to begin last Monday, April 17. Looney was in court when that trial was delayed in March, and he immediately told Strother he was ready to go to trial then. Strother turned him down but did allow him the September 11 date.

Now Strother is trying to weasel out of that. Yesterday the judge told Tommy Witherspoon of the Waco Tribune-Herald, “I don’t think we can move forward in any of our cases until some kind of resolution or understanding is reached regarding the situation with the federal indictment in San Antonio. It has effectively put a barrier between our ability to proceed with our cases. I don’t think the presence of a pending motion (for continuance) is what is causing the problem. It is the presence of the federal indictment out of San Antonio that is the issue.”

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8 Responses to “Maybe Waco September Trial”

  1. Paula Carroll Swann Says:

    Paul Looney should get his trial, the B cases have nothing to do with Cody Ledbetter…therefore he should get his day in court. The DA needs to release all the evidence he is violatin the Morton & Brady act. They have always been CORRUPT IN MCLENNAN COUNTY…

  2. Fr. Abraham Says:

    Badd Guye Says:
    April 23, 2017 at 5:20 am
    I guess this is what Judge Strother calls “divine intervention”. Because Judge Strother stated when he postponed the Carazal trial date, “nothing short of divine intervention could result in another delay”.

    Considering that most of these people believe government is God, it really wouldn’t surprise me much.

  3. Cookie Says:

    rw Says:
    April 22, 2017 at 12:46 pm
    I wonder if any of the Baylor football rapists ever get charged if they’ll have problems getting a court date?

    Football players don’t rape, at least the good one don’t. They’ll never need a court date, besides we got real criminal bikers to hang! (sarcasm, strong on the S)

    Respect to all
    Cookie

  4. Badd Guye Says:

    I guess this is what Judge Strother calls “divine intervention”. Because Judge Strother stated when he postponed the Carazal trial date, “nothing short of divine intervention could result in another delay”.

  5. Shutup Says:

    Rebel, I notice that the press releases are all coming out on Fridays now. Guess they think we will be too busy to notice. Thanks for your coverage.
    Respect to those who deserve it…

  6. Paladin Says:

    “The usual reason given for hiding the details of a motorcycle club prosecution is that biker clubs are so dangerous that to release the details of what prosecutors know and how they know it would be a death sentence for all the snitches and undercover officers who might eventually testify at trial.”

    Too bad the above isn’t true. If it were, snitches and undercover cunts would be next to impossible to enlist.

    Paladin

  7. Sharon Cox Says:

    This whole entire incident and prosecution case stinks from high heaven. It is so annoying!!! Did or did not LE fire on club members, setting off a string of events that led to several deaths?! What did LE know and when did then know it? Why were they so conveniently surrounding the place before any club members showed up?

  8. rw Says:

    I wonder if any of the Baylor football rapists ever get charged if they’ll have problems getting a court date?

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