Waco “Twin Peaks” Update – Judge Releases CCTV Video To Defense – But Blocks Them From Sharing With Media…

A Texas judge in one of the Twin Peaks “Biker Gang” shooting cases has agreed to release CCTV video of Twin Peaks and Don Carlos resturarant to the defense. However, the judge has also barred the defense from sharing the video and now placed a gag order to stop the defense team from describing the video to the media.

The Prosecuting State Attorney is continuing the fight to hide the truth, block public scrutiny and avoid the deconstruction of the increasingly apparent fraudulent claims originally made by Waco Police surrounding the shooting itself.

Waco Shooting

WACO, TEXAS – A state district judge ruled Tuesday that a Dallas attorney can have a copy of a Twin Peaks franchisee’s video of the May 17 biker shootout, but the judge barred the release of the video to the public.

Judge Matt Johnson of Waco’s 54th State District Court also granted a prosecution request to place a gag order in the Matthew Alan Clendennen case, preventing attorneys on both sides, law enforcement officers and witnesses from discussing that case only in the media.

waco drone 4

Broden told the judge it “boggles my mind” that police and prosecutors can describe what is on the video but his client couldn’t get a copy to help prepare his defense. He also said the Associated Press viewed the video and reported on it.

He argued the city’s contention that release of the video would impede its investigation is not valid because it posts videos of armed robberies on Waco Police Department social media accounts.

“Former Supreme Court Justice (Louis) Brendeis may have said it best, your honor. ‘Sunshine is the best disinfectant,’ ” Broden said.

The judge said he placed the video under a protective order because he is concerned about tainting potential jury pools. Broden said he intends to appeal the protective order and the gag order to Waco’s 10th Court of Appeals. (read more)

This entry was posted in 1st Amendment, 4th Amendment, 6th Amendment, Big Stupid Government, Conspiracy ?, media bias, Police action, Professional Idiots, Typical Prog Behavior, Uncategorized, Waco - Twin Peaks. Bookmark the permalink.

143 Responses to Waco “Twin Peaks” Update – Judge Releases CCTV Video To Defense – But Blocks Them From Sharing With Media…

  1. Taint the jury pool huh? For what? Oh, a trial, as in 170 trials, Like when? In 2020.. Geez, what idiots..put the police on trial, that’s what I say..

    Like

  2. John Galt says:

    I think the gag order can be immediately appealed by petition for writ of mandamus.

    Example:

    Click to access 2015_05_28_15_42_01.pdf

    Like

  3. Spar Harmon says:

    I think the trauma to both local and federal law enforcement entities from the blatant injustices of the WACO I lawless indulgences. Clearly those wounds and the continuing denials of accountability and owning up to responsibility, have prevented any constructive healing and have hardened the walls against any sunlight.
    Now we have WACO II and an attempt to wash, rinse, repeat…
    I expect we can anticipate frenzied prosecution attempts to close to the public any showing of the video in trials.
    Further, I expect the multiple trials will be, by every means the Prosecution can devise, further opportunities to muddy, obfuscate, and confuse the public perception of what happened and attenuate the public will

    Like

    • Rojas says:

      Agree

      And fully expect those who do eventually go to trial to have their cases combined substantially limiting their avenues for an effective defense strategy.
      When Rape is inevitable…… and all that.

      Like

  4. Rojas says:

    How far can the apple fall from the tree?

    DA’s father, FELIPE REYNA, authored the following opinion striking down the gag order in 2007 while serving on the Court of Appeals of Texas,Waco.

    The case of Anthony Charles Graves, one among many others, was part of the inspiration for the Michael Morton Act.

    http://caselaw.findlaw.com/tx-court-of-appeals/1451679.html

    Provisions of the Texas Constitution which have analogues in the federal constitution are generally interpreted to have the same meaning.   The Texas Constitution should be interpreted as providing broader protection than its federal counterpart only if such an interpretation has “firm support in state history or policy.”  Cobb v. State, 85 S.W.3d 258, 267-68 (Tex.Crim.App.2002);  accord Ex parte Lewis, No. PD-0577-05, 2007 WL 57823 passim (Tex.Crim.App. Jan. 10, 2007).   Thus, the Texas Constitution should be interpreted as providing rights not found in the federal constitution “only when unique aspects of Texas history, jurisprudence, or law support that separate interpretation.”  Cobb, 85 S.W.3d at 268.

    The Supreme Court of Texas conducted just such an analysis with regard to article I, section 8 in Davenport v. Garcia, 834 S.W.2d 4 (Tex.1992) (orig. proceeding).   The Court traced the unique history of freedom of speech and expression in Texas from the years before Texas independence up to the drafting of our current state constitution in 1876.  Id. at 7-8.   The Court also considered prior decisions of the Supreme Court of Texas and of the Court of Criminal Appeals suggesting that the Texas Constitution provides broader protection for speech than the First Amendment or holding that the provisions of article I, section 8 had been violated.  Id. at 8-9.   After conducting this analysis, the Court concluded that article I, section 8 “provides greater rights of free expression than its federal equivalent.”   Id. at 10.

    The Court held that the gag order in that case was an unconstitutional prior restraint on the “free expression” guarantee of article I, section 8 and developed the following test to determine whether a prior restraint on expression violates this provision:

    Since the dimensions of our constitutionally guaranteed liberties are continually evolving, today we build on our prior decisions by affirming that a prior restraint on expression is presumptively unconstitutional.   With this concept in mind, we adopt the following test:  a gag order in civil judicial proceedings will withstand constitutional scrutiny only where there are specific findings supported by evidence that (1) an imminent and irreparable harm to the judicial process will deprive litigants of a just resolution of their dispute, and (2) the judicial action represents the least restrictive means to prevent that harm.

    See more at: http://caselaw.findlaw.com/tx-court-of-appeals/1451679.html#sthash.SVbGmM9k.dpuf

    Liked by 2 people

  5. John Galt says:

    This is some amazing (and scary) BS: you can only use the evidence provided to you by the state.

    “Waco Assistant City Attorney Judith Benton asked the judge to throw out the subpoena, alleging in her motion that Broden was trying to “circumvent the criminal discovery rules by seeking records in a criminal case from a nonparty.”

    Like

    • Spar Harmon says:

      Every move of LEO and DA shout of kicking sand over the crap. When cats are done they sniff to see if their scat is sufficiently muted in odor. The kind of display we are witnessing speaks of panic.

      I would really appreciate (I’ve already tried to back-search) if anyone could locate the references in the early aftermath that some federal intelligence bulletins and other ‘”heads up” communications might have been partly responsible for setting the Waco PD up for the off-sides penalty they seem to be boogying out from under so hard.

      Like

      • pspsst says:

        Rojas may have found your link

        https://theconservativetreehouse.com/2015/06/30/waco-twin-peaks-update-judge-releases-cctv-video-to-defense-but-blocks-them-from-sharing-with-media/comment-page-1/#comment-1498915

        There were no official records which is why you can’t find proof of communications in advance of the LE watch. Being as dangerous as said, with a significant LE turnout at TP together with suppressed weaponry, it is completely non-SOP (standard operating procedure).

        Liked by 2 people

      • Les says:

        Here’s part of the backstory: http://cbs7.com/multimedia/article_6fdd5cdc-fdbd-11e4-ad9d-5b79d9f5fb37.html

        I don’t know if official, written records exist from Waco PD or any state agency.

        Like

        • Les says:

          Here’s another piece of the puzzle: http://www.wacotrib.com/news/police/assailants-sought-in-beating-of-motorcycle-gang-member/article_343a9faf-141f-5f45-9045-cd4c8f9e81e7.html

          From the comments in that link:
          ****1 · Corpus Christi, Texas

          This is the scariest thing I’ve ever seen in my life! We were on our way home from Dallas gymnastic meet when we saw Bandidos and 5 men dressed in black jump out of their truck and attack a man. I thought it was a carjacking incident. I was watching from my reearview side mirror. We thought they had killed this man as he lay in the middle of the highway. The traffic was backed up by hundreds of stalled motorists. Many witnesses. There were two trucks involved from what I saw! A blue Ford and a white truck.
          Reply · · March 23 at 11:00am

          ******2
          That is kind of like the assault that happened on Hwy 77 in Robinson. I was stopped at the red light on 77 and Newland and these guys came running past me and assaulted this guy on a motorcycle. Next thing I know this black or blue dodge truck pulls up to the left of me on the shoulder. I thought he was trying to go around eveyone but the guys assaulting the guy on the motorcycle ran and jumped into this dark colored truck and they took off. I also seem to remember a white truck being involved as well. The guy that was assaulted was ok. However, his bike got messed up. The assaulters also left and extended baton behind that they were going to use on him. Kind of sounds like the same guys that did the assaulting in Robinson. IDK…
          Reply · · March 23 at 11:17am

          ****1 · Corpus Christi, Texas

          Yes Sheri! I thought they were pulling over in to right lane emergency only shoulder to try and cut in front of the miles and miles of backed up traffic. Instead 5 armed men dressed in full black came rushing out of the blue pickup truck and pulled a man out of a vehicle. It was happening so fast! There was a Bandido on a MC that pulled over first as to block someone off. Then they proceeded to escape off to the right through a muddy ditch to the feeder road. They almost got stuck! My daughter was crying because it looked like they had killed the man laying face down on the interstate. It was horrific!
          Reply · · March 23 at 12:35pm

          Then the obligatory (hahahaha! Seems like most people just can’t stop themselves):
          And for those who think that’s what a biker deserves, pull your head outa your ass. I have several friends that ride with the Banditos and they have respectable jobs, go to church and are just down right good people.
          Reply · · 2 · March 30 at 8:50pm (Would help if he spelled Bandidos correctly.)

          Liked by 1 person

        • oldiadguy says:

          What wasn’t done in Waco.

          “We know they’re in the area, we know they’re going to get together, the best thing we can do is to step in and stop it before it starts,” said Painter.

          Which is exactly what Sheriff Painter said law enforcement did back on April eleventh to avoid what could have potentially turned into a deadly brawl.

          “A lot of law enforcement stepped up and started making traffic stops and thankfully that was averted,” said Painter.

          DPS also mentions that prior to the weekend of April eleventh, law enforcement personnel met with leaders from both groups and cautioned them of the unwanted attention a potential war would bring to the groups.”

          Thanks for the links. They confirm my suspicion that there was a major screw-up regarding the run up to the event.

          I posted the following a couple days ago.

          This incident has red flags all over it. Some of these issues have been discussed here, but many have not.

          Here are some questions.

          Who had the DUTY to keep the peace at the Twin Peaks Location?

          Was the peace maintained?

          If the peace was breached, what was the response of those whose Duty was to keep the peace?

          Was their response to the breach of the peace a normal response or was it an extraordinary response?

          If the response was extraordinary, then the question was why?

          Please think outside the box.

          Take Care

          Liked by 1 person

          • pspsst says:

            Wow, against the backdrop of the previous LE successes, WACO May 19, most certainly is an anomaly isn’t it?

            Like

            • oldiadguy says:

              I think the term “train wreck” comes to mind.

              I know some will support the Waco Authorities mass arrests as they allegedly had intelligence that trouble was brewing between the Cossacks and the Bandidos, with some incidents cited. Lets just say the Waco PD had all the intelligence about the likelihood of violence they now claim.

              The only acknowledged action they took was to ask Twin Peaks not to host the event?

              They didn’t reach out to Texas Confederation of Clubs and Independents.

              They didn’t have a “discussion” with the leadership of either the Cossacks or the Bandidos as they had in the past, in an effort to prevent any violence.

              They didn’t arrange for air support.

              I won’t even go into the events (Cossacks placing sentries and checking their weapons) that allegedly occurred prior to the violence that did not elicit a response by the Waco PD.

              I can’t recall another police agency throwing themselves under the bus like the Waco PD has. Fortunately for the WPD, the so called journalist just don’t know how to ask the correct questions.

              Take Care

              Liked by 2 people

    • doodahdaze says:

      Well, I think we must study and research the new improved rules of social justice. Scotus has signaled the implementation of them. The die is cast. Resist we much, but we have to know the new rules. They are here and upon the realm. The Executive, Legislative, and Judicial branches are “compromised.” JMO.

      Like

      • Jett Black says:

        doodahdaze, that’s not opinion, that’s observed, objective fact. Unfortunately, there is only one new rule: “Might makes right.” We are now in a position similar to what our founding fathers and the Minute Men were in, only we’ve got a lot less firepower compared to our adversaries and we no longer have as much room to maneuver. It’s bad. Very bad. I pray for my children and the future.

        Liked by 2 people

  6. doodahdaze says:

    IMO given everything from Waco to Baltimore, to Greece, to the 2016 so called election, to the SCOTUS, it is time. Now is the time. To release the KRAKEN!

    Like

  7. liberty2828 says:

    I seem to be the last post in several past threads that get buried by a brand new post. Forgive me but I am reposting, as this speaks to what is most likely on the tapes. As well as maybe why we won’t see them… since all levels of the texas authorities are aggressively circling the wagons.

    More witness stories need to come out. More exposure and pressure on the Waco liars…

    This one brought tears to my eyes… I believe any one of us could have this happen to us.

    Any Given Sunday.. View from the Inside of Twin Peaks

    So, once upon a nightmare.. I smiled at my friend over my Bloody Mary. I could see some (Boozefighter) bikers at the bar. Shortly after they brought my food, the first shot was fired. Soon after those men at the bar protected us, saved us, and were standing over us like leather guardian angels throughout all the stuff that happened. They were watching the doors of Twin Peaks at every entrance with grim, calm determination as hell broke loose outside them, bravely, stoically making sure nobody was coming in shooting. Yes, They had guns, but they were resting them on the table watching the doors to the patio in the front entrance. They weren’t fighting, they were heroically risking their lives in the deadly, silent scream of bullets hitting walls and bikes and autos.. and people. They stood right there throughout the terrible ordeal, the air becoming pungent and the sound scaring me to death. They were the ones who told us to crawl to the freezer. We hurried into the freezer with the other diners, our belongings forgotten on the tables standing in a light smoky haze that seems to settle what transpired beyond into my very pores. My gut twisting, my mind, an empty cavernous hollowness crowded with confusion.

    There WAS some extremely intimidating, frightening people there, though. The cops came rushing in like foot soldiers, stomping and yelling ‘Get your fucking hands up, get down, then on the fucking ground..” And the line that maybe echoes through my fears the most, ‘put your phone down, i WILL shoot you.” They were so much more terrifying to me than the bikers.

    It was this black cop, that had some kind of assault rifle, pointed at me. He kept screaming profanities and threats and he was just extremely frightening to me.

    https://amyirenewhite.wordpress.com/2015/06/30/any-given-sunday13/

    Liked by 2 people

    • pspsst says:

      pspsst says:
      June 30, 2015 at 2:31 am
      (edit for clarity)

      As refresher for everyone … described by A.P.

      “Before the shooting begins, the inside of the restaurant appears to be mostly empty. Bikers and other patrons can be seen walking to the windows facing the parking lot where most of the shooting happened.

      When gunfire erupts at 12:24 p.m., most bikers, other patrons and staff immediately run away from the windows and into the restaurant’s interior. At least three people can be seen holding handguns. *

      One camera angle shows bikers running into the men’s bathroom. When there’s no space left in the bathroom, they dash toward the kitchen.

      Another camera angle, on the far side of the restaurant from the gunfire, shows patrons who are not wearing biker gear crawling behind tables toward the kitchen. At least three bikers appear to be gesturing for the patrons to crawl to safety.

      None of the nine video angles shows the parking lot.

      Only one angle, taken from inside a back office in the restaurant, had audio. At 12:24 p.m., a woman is heard screaming, “Oh my God!” That’s followed by multiple cries of “Get back!” Two minutes later, three gunshots are heard. It’s not clear who fired.

      Video shows police with assault rifles entering the front door at about the same time. As two officers enter, bikers can be seen lying on the floor with their hands spread.

      http://news.yahoo.com/wife-biker-inmate-arrested-texas-innocent-072105757.html

      Above bold emphasis is mine to highlight how simultaneously LE had entered TP from the patio outside while a woman in the office hears “multiple cries of “Get back!” before 3 gunshots.

      Who yelled “Get back!”?

      Matches eyewitness saying the bikers were trying to defend the patrons against unknown intruders barging into the interior of TP. Guns were legal carry for defense being misconstrued as biker offense. No, they appear to be defending not offending.

      Like

      • pspsst says:

        My second footnote asterix disappeared. It should precede as follows, ” * Matches eyewitness saying……”

        Like

      • annastinaa says:

        Yes, it’s confusing from what I thought the scenario was — three shots first followed by high powered rifle fire. But this says that all the “Get back!” stuff happened at the same time the gunfire erupted (12:24), and TWO MINUTE LATER there were three gunshots?

        Maybe a typo or something?

        Like

        • pspsst says:

          annastinaa says:
          June 30, 2015 at 7:37 pm

          Yes, it’s confusing from what I thought the scenario was — three shots first followed by high powered rifle fire. But this says that all the “Get back!” stuff happened at the same time the gunfire erupted (12:24), and TWO MINUTE LATER there were three gunshots?

          Maybe a typo or something?

          Hi Anna, I’ll post here,

          AP had nine different camera angles so there may be some confusion matching the 3 shots up heard on each. I’ll have find the LE radio records to see if anything helps clarify. Although it isn’t just the video that Waco is with holding, 48 pages of radio have been redacted or dropped…….so something is definitely remiss!

          Like

    • lovely says:

      Amy thinks of herself as the journalist for the Bandidos.

      Amy makes no excuses for her support of the Bandidos or disdain for Swanton, Cook or the Cossacks. So kudos to her for her honesty.

      But when reading anything from her, including “eyewitness” accounts it would be a good idea to remember the filter from which it comes.

      Like

      • Rojas says:

        Hello Lovely
        In the last thread you opined:
        “Because of the EOCA charge that the State does not even have to prove prior knowledge of a planned confrontation for each and every of the 177 arrested to found guilty of the crime to “conspire”.

        I inquired if you could cite any Texas case law holding that view.
        You replied in the affirmative and that you would provide a cite the following day after you reviewed you notes. I did not see an update in the previous thread. I trust you have had sufficient time to review.

        Liked by 1 person

        • lovely says:

          Yes I did and I will, and no I haven’t had sufficient time to search for the link because it isn’t a priority for me because I believe that you are not focused as much on law and the facts as you are on your emotional ties to the freedom that being a biker represents. Your heavy reliance on Amy as a source of information I think proves this point so I am trying to balance my time the best I can.

          I am walking out the door after this post (already running late).

          Here is the simplicity of it though if the bikers are charged as members of a criminal organization then they are guilty for that organizations actions at an event in which they were present if the Sate can show that the defendant had prior knowledge that a criminal event was likely to take place.

          LE/DA is claiming that the defendants had prior knowledge that this was going to be a “coming to terms” about the bottom rockers between the Cossacks/Scimitars and the Bandidos.

          Please lets not rehash things.

          If I have time tonight I’ll try to find some applicable legal opinions for you though I believe that is a waste of my time given your responses and affinity for the Wicked Biker Chick “evidence”.

          No time to proof.

          Have a good day.

          Like

          • Rojas says:

            Lovely that’s non responsive.

            You particularly stated “that the State does not even have to prove prior knowledge”

            In the last thread you opined:
            “Because of the EOCA charge that the State does not even have to prove prior knowledge of a planned confrontation for each and every of the 177 arrested to found guilty of the crime to “conspire”

            Please try again.

            Liked by 2 people

            • pspsst says:

              I concur.

              Lovely wrote re EOCA Here is the simplicity of it though if the bikers are charged as members of a criminal organization then they are guilty for that organizations actions at an event in which they were present if the Sate can show that the defendant had prior knowledge that a criminal event was likely to take place.

              Which “criminal organization” would they be members of – the COCI if all 177 are being charged and knew beforehand, going so far as to register like normal folk attending a big speaker event. This pre-engagement and knowledge of plot to murder Cossacks explains why the majority of bikers dove for cover, scared, and ran.

              The only pre-engagement possible were the Cossacks out to ruin the event. There is no rhyme or reason for Bandidos to destroy their own planned outing for COCi. The LEs do admit to shooting bikers in the first blanket affidavit……does this itself not mandate evidence be revealed to exonerate the LEs in the deaths of the Cossacks and two Bandido/affiliates?

              Liked by 1 person

            • lovely says:

              I’m going to respond to you at the bottom of the thread so my response is not just a long stack of words.

              Like

  8. dizzymissl says:

    Non-biker story who was inside. Terrifying story:

    Any Given Sunday.. View from the Inside of Twin Peaks

    https://amyirenewhite.wordpress.com/2015/06/30/any-given-sunday13/

    Like

    • Les says:

      The “Wicked 8itch” “Biker Author” is a non-biker?

      I think this is my sticking point with the entire story: You can’t have it both ways. You can’t be a biker AND not be a biker at the same time.

      She’d probably be really angry if someone referred to her as a wannabe.

      Do a google image search for her and you will see all her non-biker pics.

      It’s like Marilyn Mosby calling herself non-black.

      Like

      • michellc says:

        The blog owner is a former biker who still has a bike, the article is about someone who was just eating at Twin Peaks, not the blog owner.

        https://amyirenewhite.wordpress.com/about/

        Like

        • Les says:

          How can you tell? The blog doesn’t point that out.

          Like

          • michellc says:

            How can I tell what? If you read through her blog, which I did awhile ago she had some blogs about her biker days and her illnesses and her biker friends.

            If you’re asking how can I tell she’s not writing that she’s the one who was at Twin Peaks? Well, since I’ve read her blog I know she wasn’t there and it says in the article that the anonymous person knew nothing of bikers or biker clubs. I mean seriously, if you read the article it’s more than obvious that the amy white person isn’t claiming it’s her and in the article itself she says an anonymous story. Do you blame the person for not revealing who she is?

            Liked by 1 person

            • Les says:

              I blame the blogger for not making it clear that this post doesn’t reflect a first-hand personal account. It is a poorly-written, undocumented, slanted, overly-dramatic account of what maybe happened. I think the bad writing offended me most of all.

              Yes, if she didn’t do anything wrong and she wants the truth to get out, she should put her name to her witness statement.

              WHERE does it say it is an anonymous account? It DOES NOT say it is any anonymous account anywhere on that page. I looked more than once.

              It only says this: “This entry was posted on June 30, 2015 at 7:18 am and is filed under biker . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.”

              Like

              • michellc says:

                It says it in the article.

                I’m sorry you didn’t understand it wasn’t an account by her, I was able to understand and would have still understood even if I had never read her blog before.

                Liked by 2 people

              • lovely says:

                Les, be aware that Amy is a Bandidos supporter. All of her posts reflect her bias. I’m not stating an opinion, it is simply a fact, I’ve read quite a bit of her posts. I’ll agree that her writing is not the most cohesive nor are the accounts from her “eye witnesses” but she is very ill and only came out of blogging retirement to fight for the Bandidos who she believes have been scapegoated in the Waco case.

                Liked by 1 person

    • michellc says:

      That sounds more like what the media reported seeing on the video than the cops’ version.

      Liked by 1 person

    • Les says:

      Here’s another lovely post about the Boozefighters, the heroes of that Any Given Sunday blog post:
      https://amyirenewhite.wordpress.com/2009/07/16/amy-irene-white-attends-fourth-of-july-party-with-the-boozefighters-and-the-condors/

      She maybe knows them already?

      This “I know nothing about bikes or bikers or biker clubs or even what the meeting was about.” is an obvious lie. Her Sturgis pics discount that.

      I fully expect somebody to have a conniption fit over this, but if you stand back, it’s ridiculous. (Not you, dizzymissl, I understand you are just sharing the information for discussion.)

      Like

      • michellc says:

        You are ignoring that she is writing what was sent to her by someone in Twin Peaks who wasn’t a biker.
        You can call her a liar and say she wasn’t told this, but you can’t say she’s saying she’s the one who was in Twin Peaks.

        Liked by 1 person

        • Les says:

          How do you know that? It isn’t stated anywhere on that page. How am I supposed to know that? Or any stranger reading that?

          It’s irresponsible. If you want to share truth, share the whole truth and nothing but the truth. That blog post doesn’t reference the original author. It does, however, reference the Boozefighters as heroes, the same group the blog owner knows.

          I want the truth without an agenda. Where can I get that? I can’t get it from the media. I can’t get it from the cops. I can’t get it from the bikers. Where is truth hidden these days? In the autopsies and video, but we can’t see those.

          Do you see my problem with this? I don’t want to be spoon-fed anything, I want to make up my own mind.

          Like

          • michellc says:

            You misunderstood what you read and blame the blogger.

            How are you being spoon fed anything when people are telling what they witnessed?

            From much of what you’ve been saying since this happened I would say you made up your mind long ago.

            Liked by 4 people

    • lovely says:

      As to the Any Given Sunday (anonymous) eyewitness account.

      So this is sunlight now? An anonymous person telling her story through a Bandido supporter who has quite the vocabulary and interesting take on things.

      From the same blogger, warning if you are offended by gross speech don’t read this post;

      https://amyirenewhite.wordpress.com/2015/06/30/dirty-judge-in-wacogate-gags-broden/

      This isn’t about an emotional attachment to bikers it is about nine dead men and 18 wounded men (who were bikers by the way) .

      The gunfire by all accounts started with the bikers. Did that action give LE carte blanche to shoot anyone wearing colors? Of course not. Does that mean that the bikers have lost their civil rights. Of course not.

      Is there one person here who carries a gun who finds this sentence from “anonymous” plausible?

      Yes, they (Boozefighters) had guns, but they were resting them on the table watching the doors to the patio in the front entrance.

      What ? Eh? I have no doubt the Booze Fighter were prepared to defend innocent lives and I have no doubt that as soon as they saw LE enter they complied with LE’s orders even though LE was really, really scary, yelling and used the “F” word. Bad scary LE! Darn it! Next time, speak softly, don’t curse and offer a lollipop.

      And I’m sorry why would “anonymous” have trouble comprehending why they were told to put their hands on their heads as they were exiting TP?

      And yet another curious statement from the anonymous Sunday Bloody Mary drinker, though this was made after she was forced to cat burgle into her own home because LE kept her phone, her car and her keys.

      My hand felt strange with no phone to offer its modern creature comfort … In a weird way, Waco effectively made me a prisoner too .. In my own skin. Then … I get this phone call that sent a chill shivering down my back

      Hmmm….

      And is it only me who sees a leap from logic that someone who states “In retrospect I don’t think I ever been that close to even one biker.”

      But then suddenly she does have an almost instantaneous infatuation with them, an opinion or emotion which developed almost spontaneously from the air she shared with the bikers, “ They all smile at you Ina way that makes you feel pretty .. or safe .. Or as free as a little girl running barefoot as fast as she can go. I absolutely, in no earthly way felt a moments discomfort, never threatened at all .. until the gunfire.”

      Good gravy. Where is Cyrano de Bergerac when you need him?

      I don’t understand how anyone can simply accept these accounts as proof of malfeasance by LE at the scene. Or even credible eyewitness accounts. IMO it is simply poorly written emotional manipulation.

      Like

      • pspsst says:

        I don’t wish to get into a prolonged, lengthy, winding argument about whether true or not, just, FYI, the writer qualified earlier on June 22, “The people who were put in jail have been released only under gag orders which state they cannot talk to media or other bikers. a few of them have anonymously sent me their eye witness testimonies. ” — https://amyirenewhite.wordpress.com/2015/06/22/

        Liked by 1 person

  9. Les says:

    If I were the Genghis Grill guys I would have released that video the second Twin Peaks shut down that location. What did they have to lose at that point? That the police asked Twin Peaks not to host the meeting in the first place is a problem. Police don’t get to decide who eats where. I’m surprised the video hasn’t leaked for that reason alone.

    All nine deaths ruled homicide. Have the official autopsy reports been released?

    Wonder if CNN got it right when they reported 4 were killed by police? That seems like a low number.

    Liked by 1 person

    • Rojas says:

      Have you seen any written communication between the Waco PD and that franchise?
      Or are you simply rehashing more unsubstantiated drivel from the PIO?

      A police dispatch log shows officers averaged less than one call a month to Twin Peaks between the restaurant’s opening in August and the May 17 shooting.

      Out of eight trips, just two of the calls — a car break-in and a domestic assault — merited officers filing offense reports. No one was arrested at Twin Peaks in the nine months it was open, records reveal.

      Prior to the shootout, an officer had not been dispatched to Twin Peaks since Feb. 26, according to the police log, which Yahoo News obtained through the Texas Public Information Act.

      Yahoo News requested copies of all written communication — letters, emails, texts, etc. — between police and the Waco restaurant or Twin Peaks’ corporate office in 2015. The Department responded that no such records exist.

      http://news.yahoo.com/waco-police-rarely-dispatched-to-twin-peaks-prior-to-biker-shootout-records-reveal-015135212.html

      Liked by 1 person

      • Les says:

        I read a story saying the corporate head office of Twin Peaks shut down that location. Here is my “drivel”: http://www.wfaa.com/story/news/crime/2015/05/17/twin-peaks-management-police-deadly-brawl/27505571/ If you would like the official filing for the TABC pulling the liquor license or the Twin Peaks revocation of the franchise agreement you can google it yourself. Pretty sure you will be able to find those.

        Agenda much? If you re-read my post, I was supporting the OWNERS of the restaurant. But because I’m willing to speak my mind and not willing to be easily led, you assume I posted from a different viewpoint.

        I didn’t mention anything about written communication between Waco PD and the restaurant, but in the story like I posted Swanton mentions it. Another Swanton quote: “Swanton says that the police department has had officers in plain clothes — in large numbers — at the restaurant for the past two months. He also said there have been several arrests stemming from incidents at Twin Peaks, most of them minor skirmishes, warrant arrests and arrests of that nature.

        “As of about a week ago, we were in contact with the national management of Twin Peaks because we were getting no cooperation locally, and we were going to them for assistance,” said Swanton. “People have civil rights. Until a law is broken, there’s nothing we can do if we don’t have management to support — to assist us — in keeping individuals out of a business. There’s nothing we can do until a law is broken.”

        If the truth doesn’t suit your agenda, don’t kill the messenger. I’m just trying to make sense of it.

        Like

        • Rojas says:

          I inquired:
          “Or are you simply rehashing more unsubstantiated drivel from the PIO?”
          Swanton is the Public Information Officer.
          Swanton’s monologue conflicts with official records recovered in a FOIA request by Yahoo News.

          His drivel is unsubstantiated.
          You claim you are not easily led but you repeat it as if it is the revealed word of god and feign offense when called on it.

          Liked by 2 people

          • Les says:

            I have posted in this very topic the news links to the previous incidents that caused the state of Texas to worry about the escalating violence between the two biker gangs. I also gave you the FACTUAL information about why that Twin Peaks had their liquor license revoked AND why they lost the franchise agreement from corporate.

            You are obsessed with Swanton and didn’t pick up on the other information maybe? Maybe you didn’t understand what I have posted? Maybe you didn’t read it?

            Since you seem to want me to do all the work, HERE IS THE BULLETIN:

            I won’t hold my breath waiting for an apology.

            Liked by 1 person

            • pspsst says:

              Rojas is right, sorry. The Bulletin is worship at the altar of the “Government Sponsored Publication” produced by a unionized government cubicle worker who just wants to get home before 5 PM.

              Like

            • Rojas says:

              Les,
              You have a hard time distinguishing fact from fiction.
              Nothing in the court filings to terminate the Waco TP franchise agreement supports Swanton’s drivel.
              Nothing in the TABC ruling to suspend WTP’s alcohol license supports Swantons drivel.
              Nothing in the WPDs incident logs support Swantons drivel.
              The bulletin from the DPS does not support Stantons drivel.

              Like

    • John Galt says:

      “I would have released that video the second Twin Peaks shut down that location. What did they have to lose at that point?”

      I think maybe they were trying to sell the video.

      Like

      • Les says:

        The owners (five Indian guys, IIRC) are multi-millionaires who own Genghis Grill and bunch of other restaurants (Chalak Mitra Group). Check them out, this wasn’t much of a drop in their bucket.

        The General Manager might have tried to sell the video. That could very well be true. He should have sold it quickly.

        Like

        • pspsst says:

          East-Indian guys.

          Les, you said you were an Italian guy. To quote your words. Does that mean you’re part of the Italian mob? Prove you’re not.

          Like

          • pspsst says:

            Correction, to mimic your word usage. And it would be the “Italian criminal mafia syndicate” not mob. They dealt drugs and violently murdered, therefore, you are scum!

            Like

            • Les says:

              If you are an adult this is really a sad post. If you are over 30, more so. I could mock you or personally attack you or keep riling you (too easy, btw), but I feel like it would be taking advantage at this point.

              If anybody here IS Italian, maybe they will take your post the wrong way. Didn’t bother me.

              You try to bully me from your house and it mostly amuses me. lol Why you got all stinky over me explaining millionaires owned that Twin Peaks and wouldn’t need the money from a video sale is beyond me. I stated fact. I patronize a few of their establishments, they own a bunch.

              Like

              • pspsst says:

                Pretty sure it was a joke you made about being Italian or a link to an expose you wrote claiming to come from Italian ancestry. I’ll see if I can find it but it’s wasting other people’s time.

                Good that you are amused although I doubt it the way you carry on distracting from the discussion, personalizing everything, claiming to be a victim, and taking it to other threads. Then there’s the accusation that people on the opposite side of you on this thread are racists. Lol all you want, Les, it’s not funny. An MC is not a gang, although you keep pulling that line.

                Like

                • Les says:

                  “An MC is not a gang.” hahahaha!

                  You go tell Breitbart and the FBI that line, they seem to have missed the memo:

                  Source: http://www.breitbart.com/texas/2015/05/20/fbi-report-bandidos-biker-gang-allied-with-los-zetas-cartel/

                  The liberal tactics (name-calling, trying to pretend I am less intelligent than you, attacking me for being Italian when I’m not, hostility, aggression, misrepresenting) are no better coming from posters on this forum than they are coming from the left.

                  If I were y’all, I would pick a softer target. You’re going to have a hard time getting a win from me because I have enough sense to think for myself and I can put reason over blind emotion. At this point I am just proving you wrong because I can.

                  Like

                • pspsst says:

                  Well, Les, you do it to yourself, quite frankly.

                  Like

                • pspsst says:

                  There is no way to verify that representation because Breitbart does not accurately source it. All citations require a date, page no. Completely useless to prove Bandidos are a criminal street gang. One of your own links showed a meth dealer wearing the patch was kicked out long ago from the MC for drug dealing. Los Zeta is the dangerous syndicate and they’ll string along anyone they can because of their viciousness. This does not mean the sourceless citation is correct. Breitbart as we know has gone down hill since Breitbart. He lives here now at the CTH.

                  See https://theconservativetreehouse.com/2015/06/30/waco-twin-peaks-update-judge-releases-cctv-video-to-defense-but-blocks-them-from-sharing-with-media/comment-page-1/#comment-1503280

                  Like

                • Les says:

                  “Pretty sure it was a joke you made about being Italian or a link to an expose you wrote claiming to come from Italian ancestry.”

                  Just say you’re wrong. You’re wrong. You haven’t been worried about wasting other people’s time before, why start now? You made up the Italian thing and now you are STILL pretending it is true. lol. That’s nuts.

                  Like

                • pspsst says:

                  5 Indian Guys or an Italian is name calling is it? Glad we’re clear on that. And no, I’m not going to search through your drivel to find the two sources about part italian ancestry. Talking about knowing Patriot Riders whilst talking indirectly about family and then screaming that you don’t have PR’s in your family – gotcha! Two of us got led down that path the same time, same day.

                  Like

          • Les says:

            WTH? Who said I’m Italian? Please supply the link for this because it just isn’t true.

            Like

  10. Rebel Mope says:

    “He argued the city’s contention that release of the video would impede its investigation is not valid because… blah, blah, blah…”

    The City is still investigating an “officer involved shooting”? I thought this was kicked upstairs to the Texas Rangers or the TBI.

    I’m not so sure this video is the one that is important. While it puts the PIO in a precarious position with his pants on fire, I think the video from the squad cars and the police surveillance are the ones that will tell the story. This is all smokescreen for no autopsy results and no ballistics. One would think the City would like to show who fired on them at the bond hearings.

    Also, it is quite telling that Sgt. W. Patrick Swanton went on vacation after he got caught fibbing. He probably went somewhere quiet like Detroit or Chicago.

    Were the bodies even released? You would think some of the families would be doing their own autopsies.

    And which federal agencies were present at the time of the shooting?

    The silence is deafening.

    Liked by 4 people

  11. glk26 says:

    Yes. You obviously don’t know what a MC is, If a biker didn’t have his colors on (VEST OR JACKET) and was your mechanic or electrician you wouldn’t know he is a biker. 90% are just regular guys looking for people with a common interest (BIKES AND RIDING) usually they bring their wife or girlfriend. It is really no big deal. Just normal people who own houses and work for a living. Then again, Sons Of Anarchy must have you convinced otherwise. OOOOHHH

    Like

    • Les says:

      Very mature.

      Pretty sure everybody here knows that, Captain Obvious. But nine people died and 18 were injured in this incident. Some were probably killed by law enforcement. Why? Why did that happen? If everybody can get over the high school stuff, maybe the truth will come out.

      Why the need to point out there are different kinds of people who ride? No $h*t. People get all fired up about the BGI, but I see the same behaviors displayed. #bikerslivesmatter

      And why the need to lie so much? I feel badly for Theron Rhoten, Vise Grips club. They like to restore vintage bikes and enjoy the lifestyle. I understand that. BUT, when he is made out to be a saint-on-Earth, I have a little more trouble swallowing any truth that comes after a lie:

      Katie Rhoten told The Associated Press that her husband, a mechanic from Austin, called her from jail and said that he and two other members of a motorcycle club called Vise Grip ducked and ran for cover amid the violence…
      Officers took into custody all sorts of “nonviolent, noncriminal people,” Katie Rhoten said.
      “He’s good to his family,” she said. “He doesn’t drink; he doesn’t do drugs; he doesn’t party. He’s just got a passion for motorcycles.”…

      http://www.metal-archives.com/artists/Theron_Rhoten/411061

      Maybe I’m a dinosaur, but I just want the truth. I didn’t say I hate bikers. I just understand why the police think they are a danger. And some are. If you are denying that, you are lying.

      Like

  12. Rebel Mope says:

    “Maybe I’m a dinosaur, but I just want the truth. I didn’t say I hate bikers. I just understand why the police think they are a danger. And some are. If you are denying that, you are lying.”

    Let’s turn that around, Les. could you agree with this statement?

    “Maybe I’m a dinosaur, but I just want the truth. I didn’t say I hate police. I just understand why the Bikers think they are a danger. And some are. If you are denying that, you are lying.”

    Heck, Les, I’m a dinosaur too, but I know cops that ride in MCs. Clearly they don’t see all bikers as criminals. There is much more to this than some cops thinking trouble was afoot and setting up surveillance.

    I’m going to wait for the alphabet agencies to get their subpoenas before going off half-cocked.

    Liked by 1 person

    • Les says:

      I’m not sure why people think wanting the truth is such an attack on bikers. We ride dirt bikes.

      I know about a hundred soldiers who ride, many higher rank (bikes are expensive). And I know many people in my personal life who ride, most of them vets who ride with the Legion Riders and Patriot Riders. Bandidos ARE NOT Patriot or Legion Riders. That part isn’t flying with me. Different clubs have different priorities. I don’t think every Bandido is a criminal but I do think they are playing at it or basking in the Bandidos Glory or they would find a different club. Anybody being honest with themselves has to admit that.

      And yes, I can agree with your statement. I do think police were a danger in this situation IF they shot anybody who wasn’t holding a firearm. There should be one dead Cossack if one Cossack had a pistol. But from slipups by biker supporters, it seems many folks drew their weapons. And there was some bad blood brewing between Cossacks and Bandidos and allied groups.

      No video, no truth. At least for now. Too many egos and agendas in the way.

      Like

      • Rebel Mope says:

        I think we can make some headway here, Les.

        “And yes, I can agree with your statement. I do think police were a danger in this situation IF they shot anybody who wasn’t holding a firearm. There should be one dead Cossack if one Cossack had a pistol. But from slipups by biker supporters, it seems many folks drew their weapons. And there was some bad blood brewing between Cossacks and Bandidos and allied groups.

        No video, no truth. At least for now. Too many egos and agendas in the way.”

        You say there should be one dead Cossack if he had a pistol. Does that include a legally carried pistol? I don’t know about you, but if I had a concealed carry and heard shots, the first thing I’m going to do is draw. Then it becomes a matter of if the police announced their presence or did they just fire into a crowd of 170 people hoping to only hit the ones with guns? The PIO said they police presence was obvious, but we now know to take what he said with a grain of salt.

        I agree the video is going to tell the story, but I am not convinced it will see the light of day. It may already be transferred to Hillary’s server, or worse, accidentally deleted by the IRS.

        Liked by 1 person

        • Les says:

          I should have said “aiming” the pistol. That is what I meant. A firearm is a tool until you pull it out and point it at something, then it is a weapon. Same with a knife, chain, whatever else people brought to the gunfight.

          I’m not sure which way the wind will blow when we see the video. It could support police or it could support the bikers’ tale. I think it was a bad decision to withhold it but just because I personally want to see it. It may end up being a good thing for the defense (or the popo). No telling.

          I am keeping in mind that not all bikers are the same. I know that. If I didn’t know it, about half the posters in these threads point it out every five minutes. haha

          For the vicious people (and the nasty ones), take note of the post above. He/she is making the point clearly and intelligently. If this person is representing bikers, they are a good envoy.

          Like

          • Rebel Mope says:

            Don’t get me wrong, Les. I also know some bikers that should have a permanent shadow. But the point is you cannot throw 170 people in the can saying to the world they are all evil for what they are wearing. (Or “If I were going to bet on a gang, it would be my gang.” -PIO) If a clown robs a bank they don’t go around arresting every person wearing floppy shoes or big red noses. There wouldn’t be a politician left in DC.

            Liked by 2 people

            • Les says:

              I wouldn’t bat an eye if they rounded up every Blood or Crip from a neighborhood because of what they were wearing after a drive-by or shootout or any violent situation. Neither would most people if they are being honest about it. As I have said before, there wouldn’t be this level of outrage if this happened at Black Bike Week. People can deny that, but it’s true.

              The problem is how long they took to process and bond these folks. If they would have had a 24-hour turn around, nobody would be as concerned. They should have arrested all the bikers involved in a biker altercation that resulted in 9 deaths. They shouldn’t have left them sitting around in flex cuffs and shouldn’t have taken their bikes (in the same vein as nobody confiscates every low-rider car when a group is involved in an incident).

              I think it does have a racial element. They didn’t round up huge groups of protestors in the hell cities, they wouldn’t dare. But it seems to be okay to do this with large groups of non-black folks. THAT is what is making people ill here, few will admit it. I admit it openly.

              I don’t think bikers are any worse than protestors or black/Hispanic gangs or liberal radicals or any other group who self-proclaims to be involved in nefarious activity. BUT, I do think it is a bit ridiculous for any adult to condone any kind of gang affiliation. We have too many gangs in this country. White people don’t need to stoop like the rest IMHO.

              Like

  13. glk26 says:

    Thats the problem. You swallow too much.

    Like

    • Les says:

      Classy.

      I don’t hang out with trashy people. Or dumb people. They irritate me and I feel like they waste my time. Take that however you wish.

      Like

      • annastinaa says:

        You don’t hang out with “trashy people” or “dumb people,” and that’s your right. Americans, however, have a constitutional right to free association with trashy people, dumb people, hairy people, fat people, shady people, felons, partiers, losers, winners, and anyone else they desire in a public gathering in a public place.

        Waco has already established a precedent for police to successfully “legally” punish Americans solely for engaging in that right of free association. The punishment was meted before due process.

        Liked by 2 people

      • pspsst says:

        We were here too, Les. You chose to hang out with him by attacking him for no good reason. He wrote nothing at first out of the ordinary but his opinion. He wrote nothing outrageous, and IMHO alone although I hope others agree, this is not how we engage new participants. It actually defeats Conservative goals to disseminate the truth, by making decent new people who did no wrong feel intimidated.

        Liked by 2 people

  14. glk26 says:

    Slip-up? By the innocent bikers who drew their legal weapons when they innocent people inside TP receiving food for lunch were fired upon? Surely you believe in self defense?

    Like

    • lovely says:

      Is there any evidence or any viable account or even an article which states people inside of TP receiving food were fired upon? If so I haven’t read that account. I know that there was some confusion because some men who had been shot or stabbed had made their way into TP and there was a lot of blood on the floor so there was speculation that the fight started in the bathroom for a while, perhaps there was a large amount of blood in there.

      But firing guns at folks inside of TP who were receiving their food? I have not read that before.

      Like

      • pspsst says:

        He’s referring to bikers protecting non-bikers who were dining inside TP after shots were heard per AP’s description of events within the video. “Get down” was yelled several times and gun shots heard. It suggests there were bullets unknown from who or where but no I myself have not read any accounts as you’ve asked. We’ve only assumed up till now everything occurred outside per LE description. He raises a good question. LEs entered TP quickly as the shots ran out. NO ONE KNOWS WHAT EXACTLY HAPPENED. This is the problem. We have no guidance except the one way narrative and LE reluctance to back up what they claim with full video and radio transcripts.

        Liked by 1 person

      • Rojas says:

        WPD radio transmissions state the kitchen staff was being fired on.

        Liked by 1 person

        • EclecticAK says:

          Ya, probably by LE .223 rifle rounds coming in through the patio windows…….

          Like

          • pspsst says:

            Dangerous! There were a couple of shots found in the wall on the same side of the patio windows, so yeah, diners eating and getting missed shots.

            I read two sources which stated that no shell casings were found around the bodies,, one was a news source on May 20 and the other an eye witness. I’ll try to find again to link, my poor old computer workhorse that it is, rejects multiple windows. To receive accurate head shots would the guns not have to be at close range unless the weapons used were selective fire long range types?

            Like

  15. glk26 says:

    Why in the world would a big bad bikers draw there legal weapon, put their lives on the line to protect the other diners and staff to escort them to safety if they thought it was the cops? They would protect the civilians and with their lives. The cops had a different mission handed down by their Liberal leaders. Start looking to the top-top guys in the federal ranks that instigated this, And believe me they wanted bodies. And expected to be greeted as heros?

    Like

    • pspsst says:

      There is something incriminating to Waco LE on the TP video and they don’t want it seen, hence the gag order – not too different from Mosby’s gag order on the autopsy and other aspects. Don Carlos had security videos too but fat chance getting those now. DC is in bed with LEs over the TP restaurant as it was well known there was no love lost between those two competing restaurants. The police warning TP not to host the COCI meeting is odd because wouldn’t the bikers have to go elsewhere, with same results?

      Liked by 1 person

      • I still feel like there was a UC in the Bandido’s or Cossacks MC.. Factor in the reported recent violence between the clubs & it becomes easier to see how the Feds & Waco were on site, however it’s just speculation.. But it offers at least a reasonable hypothesis to at least the presence of LE & beginning events.. I should say, at least to me.

        Liked by 1 person

        • I should add on the vid: if it showed Waco PD in a positive view, then why delay it’s release? However, if it shows Waco shooting bikers in the back of the head… Well now, that’s a problem for the state, hence delay of release, via gag order.. Again just speculation here.

          Liked by 1 person

          • pspsst says:

            The president of that group and main speaker at the event is an Austin-area Bandido member. “We seen the guys with the M16s, had everybody on the ground,” said Jimmy Graves.That was the scene when Graves showed up to speak on Sunday in Waco.“We had one of the inside guys call me, tell me the only thing he knows is he heard a gunshot and he saw police officers running everywhere and bullets going everywhere,”

            In the comments at the Yahoo AP video link, someone raised a good point: “police would only do that [run everywhere and bullets going] if those rounds were friendly fire otherwise they would remain behind cover.”

            I agree something is fishy about LE behavior throughout the entire fiasco.

            Like

          • lovely says:

            You may be right but have you considered that there may be a less nefarious reason for the video not being released? Just because we hear about Broden going before the court doesn’t mean that talks are not going on between the DA’s office and other defendants.

            If the DA is trying to negotiate information from many eyewitnesses, some who did draw a weapon or who were engaged in the the fight but didn’t stab or shoot anyone, those defendants have a real interest in knowing how much of what they did is on the video tape(s). If the tape captures criminal actions then until a judge declares it be released to the next defendant, or all defendants it is considered privileged.

            About privileged discovery.

            Click to access Michael%20Morton%20Act%20article.pdf

            Also, the State shall produce and permit the inspection and the electronic duplication, copying of, and photographing of listed evidence as soon as practicable after receiving a timely request from the defendant.

            These items are discoverable:

            1) any offense reports,*
            2) any documents, papers, and
            written or recorded statements of the defendant or a witness, including witness statements of law enforce- ment officers, and*

            3) any books, accounts, letters, photographs, objects, or other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the action and that are in the posses- sion, custody, or control of the State or any person under contract with the State.

            There is another good article about the Michael Morton Act written from a defense attorneys perspective but I just can’t find it and I am not working from home today. There is a link to it in one of the old threads.

            Like

            • Jett Black says:

              The state cannot assert any privilege over third-party (TP) property–e.g., the videos. TP, the owner of the video, has consistently called for it to be released. Further, no defendant or witness can claim a privilege over the video for the same reasons and because it records activities in a public place, with dozens of other people around–no expectation of privacy or confidentiality. The only reason they don’t want the video released is because it will significantly affect public opinion about the entire incident–in what way, we will have to wait to see the video to find out, but it seems unlikely that a video showing exemplary police professionalism would be withheld by LE.

              Like

              • lovely says:

                We disagree. The state is claiming privilege over the TP video stating that it is part of an ongoing investigation. How long they will be allowed to assert that privilege will be decided by the court.

                Like

                • oldiadguy says:

                  “The state is claiming privilege over the TP video stating that it is part of an ongoing investigation.”

                  That is the problem. The Waco Authorities made the mass arrests before they conducted an investigation. Individuals have been incarcerated, their property seized and they are unable to challenge the evidence because it is “privileged?”

                  I’ve tried to locate the 19 pages the Waco PD did release, however, all I can now find is just one page. The reason I am looking for those pages is to confirm the dates and times of arrest. I believe the date and time of arrest for the subject listed in the reports was 5-17-15 at 12:40PM. I could be mistaken, but since those pages have not disappeared from Scribd, I can’t check to confirm.

                  If the date and time of arrest is as I described above, then the WA made to decision to conduct the arrests just minutes after the shots had been fired. How thorough of an investigation could they have made in that short time span? Did the WA really develop probable cause in that short of time.

                  Take Care

                  Like

            • Rojas says:

              operative clause
              “that are in the posses- sion, custody, or control of the State or any person under contract with the State.”

              Like

            • Rojas says:

              MMA is fairly new law but what you are describing is part of what the act sought to remedy. Texans got a little fed up with the number of DNA exoneration of folks who had plead out or confessed to crimes they were actually innocent of.

              Brady requires evidence to be turned over “at a time and in a way that allows it to be used effectively at trial.”

              “The basic requirement of the “Michael Morton Act,” is that disclosures shall be “as soon as practicable.” ”

              Lovely wrote:
              “If the DA is trying to negotiate information from many eyewitnesses, some who did draw a weapon or who were engaged in the the fight but didn’t stab or shoot anyone, those defendants have a real interest in knowing how much of what they did is on the video tape(s).”

              Primer on MMA
              http://www.voiceforthedefenseonline.com/story/criminal-discovery-texas%E2%80%942014-beginning-brave-new-world-fairness

              Like

        • annastinaa says:

          Actually … to me, it’s the only explanation that makes sense in the context of that fight as purported ever happening then and there in the first place.

          May 17 represents another significant turning point in America. Punishment administered by way of force, harshly and first for officially designated “rebels” and “outlaws,” THEN due process to “sort it all out” in case the punishers were mistaken. It will take many years and cost millions.

          As long as Americans abide by established law and order, what we saw at Waco will work EVERY TIME — this first exercise took out at least 120 American bikers, most of them in patch-bearing clubs (which LEO insists are “gangs” even when they’ve the Vice Grips, skilled dudes who lovingly restore and maintain beautiful machines). Everyone arrested now has a record (two thirds of them lacked any arrest record before May 17). Everyone arrested had to pay at least thousands, if not tens of thousands, to go back to their regular lives which they’d been forced to abandon for at least two weeks. They’ve been hit, and hit hard, and this is the most singular demographic in America — American bikers in clubs as well as American bikers who ride independent — that is as patriotic as it gets in America.

          That’s not a coincidence that THEY were far and away the one most harmed, and significantly personally harmed, in the Waco exercise.

          Like

    • annastinaa says:

      Maybe whatever “cops” stormed the place with rifles and yelled at everybody to get their hands up and then on the ground, don’t touch those cell phones — really believed they were going up against Sons of Anarchy kin instead of regular folks/American bikers.

      Bikers, as Americans, have a legal right to wear whatever insignia they please, short of impersonating police. The “police” approached this from a military assumption, identifying the enemy by insignia.

      Troops go after “bad guys” in the “bad” insignia.

      Lawmen go after individual dangerous dudes. The “police” at Waco acted like troops.

      Liked by 1 person

      • pspsst says:

        Oops, sorry! Posting again

        annastinaa says:
        June 30, 2015 at 7:37 pm

        Yes, it’s confusing from what I thought the scenario was — three shots first followed by high powered rifle fire. But this says that all the “Get back!” stuff happened at the same time the gunfire erupted (12:24), and TWO MINUTE LATER there were three gunshots?

        Maybe a typo or something?

        Hi Anna, I’ll post here,

        AP had nine different camera angles so there may be some confusion matching the 3 shots up heard on each. I’ll have find the LE radio records to see if anything helps clarify. Although it isn’t just the video that Waco is with holding, 48 pages of radio have been redacted or dropped…….so something is definitely remiss!

        Liked by 1 person

      • Rojas says:

        No doubt the cell phone could have been a triggering device for a IED.

        Like

  16. LadyRavenSDC says:
  17. liberty2828 says:

    Busy day of Wagon Circling at McLennan County after the partial win of the tape release to Broden.

    County hires attorney to help with subpoenas from Twin Peaks shootout

    McLennan County hired former prosecutor and longtime Waco attorney David Deaconson on Tuesday to represent local judges who are being subpoenaed because of their involvement in the ongoing Twin Peaks biker case.

    Precinct 4 County Commissioner Ben Perry said Deaconson has more criminal experience than Mike Dixon, the Waco attorney retained by the county for most of its civil matters. (Bigger Guns)

    http://www.wacotrib.com/news/county-hires-attorney-to-help-with-subpoenas-from-twin-peaks/article_c0a4ae89-8c5b-55db-a5d7-19a4c0ec16f3.html

    Also this bit Fortifying the Fort…Grand jury stays on for biker cases called “Pick a Pal”

    Grand jury extended 2 months to hear Twin Peaks biker cases

    In an order signed Tuesday, Johnson said he was extending the term “for the purpose of concluding the investigation into the incident at Twin Peaks, allegations and circumstances surrounding such incident.”

    Texas is the last state that allows grand juries to be selected through the key-man method, a system its critics call “pick a pal.”

    Historically, McLennan County grand juries have been selected after a felony criminal court judge appoints four or five commissioners. Those commissioners then nominate four or five prospective grand jurors each, and the first 12 who qualify and agree to serve make up the grand jury.

    http://www.wacotrib.com/news/courts_and_trials/grand-jury-extended-months-to-hear-twin-peaks-biker-cases/article_6638fb6b-1a09-54e3-9101-5504618dfe53.html

    Liked by 3 people

    • pspsst says:

      Appreciate it, Liberty2828!

      Liked by 1 person

      • liberty2828 says:

        Thank you. I am intrigued with this event and feel that more exposure and a constant conversation will help bring more truth… wherever it leads. Various news stories, photos, older articles, eye witness accounts and this blog keep it alive. It seems these types of websites, are some of the only investigative reporting going on and we need to be vigilant as citizens. The larger political system seems unaffected by citizen input. They go on their merry way destroying our country and are able to hide their wrong doing in plain site. How much more evidence do we need than another Clinton and Bush Presidential campaign, $9 trillion unaccounted by the feds, as well as a Rainbow White House. The extreme violence whether by law enforcement or out of control citizens affects us all. I am thankful for this website.

        Liked by 1 person

        • pspsst says:

          I wholeheartedly agree. Much more is dangerously at stake than “bikers”.

          Emily Litella just posted a link below which I’ll read when I have a chance. Here is another one referencing the Pick-a-Pal.

          (snip)

          Gag Order…

          In this morning’s petition Broden noted that the gag order:

          “Does not cover “the parties in the 176 other motorcyclist cases; the attorneys, including the District Attorney’s Office, in the 176 other motorcyclist cases; law enforcement as it relates to the 176 other motorcyclist cases; and any witnesses in the 176 other motorcyclist cases that previously made statements to law enforcement or the District Attorney’s Office. Second, the gag order is not clear if it covers statements in connection with a civil case Mr. Clendennen filed in federal court against the City of Waco, the County of McLennan and various officials. Third, the gag order does not cover the parties in the litigation in the 54th District Court of Dallas County between Twin Peaks and a neighboring restaurant over whether the neighboring restaurant loss business as a result of what happened at Twin Peaks.”

          (snip)

          Wait There’s More

          A second motion filed by Broden this morning highlights the games Waco authorities are playing to railroad Clendennen and the other defendants.

          The District Attorney “has requested that the current pick-a-pal grand jury be held over to consider this case as well as the 176 related Twin Peaks ‘ cases,” Broden wrote. “This is despite the fact that a randomly picked grand jury is set to be seated in approximately a week.”

          Texas is the last state to use the so-called “pick-a-pal” or “key man” method of selecting grand jurors. The system fills grand jury slots by allowing a judge to ask a crony to create the list of prospective grand jurors. The system is notoriously unfair and the Texas legislature overturned it this year.

          http://www.agingrebel.com/13087

          Liked by 1 person

          • pspsst says:

            Emphasis for others not up on what this means, “This is despite the fact that a randomly picked grand jury is set to be seated in approximately a week.”

            Jury randomly picked already in advance of sudden Pick-a-Pal option.a

            Like

          • liberty2828 says:

            This is the sound of hands clapping for this very skilled attorney.

            Like

    • Rebel Mope says:

      Looks like they are slow-walking this. They are trying to drag this out until the media forgets about it. Why else could they be beating the same dead horse?
      “The judge said he placed the video under a protective order because he is concerned about tainting potential jury pools. Broden said he intends to appeal the protective order and the gag order to Waco’s 10th Court of Appeals.

      Waco Assistant City Attorney Judith Benton asked the judge to throw out the subpoena, alleging in her motion that Broden was trying to “circumvent the criminal discovery rules by seeking records in a criminal case from a nonparty.”
      
      http://www.wacotrib.com/news/twin-peaks-biker-shooting/city-seeks-to-block-subpoena-for-twin-peaks-video/article_37bd518d-0c6b-52f8-9374-d573e366f05b.html?photo=2
      
      Deaconson filed a motion to quash the subpoena for Peterson, claiming that his testimony is “immaterial, irrelevant and can add nothing to the matters to be considered by this court” to determine Atterbury’s application.
      
      “Requiring (Peterson’s) appearance and testimony is simply a tactic of harassment and potentially an attempt at premature and improper discovery,” Deaconson’s motion to quash says.
      
      http://www.wacotrib.com/news/county-hires-attorney-to-help-with-subpoenas-from-twin-peaks/article_c0a4ae89-8c5b-55db-a5d7-19a4c0ec16f3.html
      

      This seems disingenuous:
      “He said the DA’s office will comply with discovery, but had not intended on doing so in “piecemeal fashion” one case at a time.”

      Like they are going to charge all 170 with being part of a gang, individually, in 170 different cases.

      Six weeks later and still no autopsy reports.
      The case is crumbling. They knew it when they when they didn’t get the statements they wanted so they confiscated the motorcycles and set bonds as high as possible, doubling down on nothing. We’ll see some retirements and resignations a couple days before the autopsies are made public. I sure hope one of the defense attorneys had the sense to notify them to preserve the dash cam and surveillance images.

      Liked by 1 person

  18. Rebel Mope says:

    “In an appeal filed with the 10th Court of Appeals, lawyer F. Clinton Broden claims a request in 54th District Court to issue a gag order in the case is unwarranted.

    In his appeal, Broden presents that the district court had no jurisdiction to issue the order, that the order violates the Texas Constitution and the First Amendment of the U.S. Constitution.

    Broden argues that since none of the cases, including the one against Matthew Clendennen, his client, have been indicted, the district court does not yet have full jurisdiction in any of them, therefore it cannot legally issue a gag order.

    For the 54th Court to hear a motion on bond reduction does not equate to full jurisdiction in the case.”
    http://www.kwtx.com/ourtown/home/headlines/Waco-Lawyer-Appeals-Gag-Order-In-Twin-Peaks-Shooting-Case-311303261.html

    There’s more good stuff here, I just don’t want to post the whole thing.

    Liked by 1 person

  19. lovely says:

    Here you go Rojas,

    Click to access TX_06.pdf

    Vicarious liability also makes a person liable for the criminal acts of others. Unlike the liability of a party or accomplice, a person can be vicariously liable even though they had no involvement in the crime and committed no act and had no culpable mental states

    Vicarious liability is premised on the relationship between the actual offender and the defendant

    A person can be involved in the crime of another because of their acts before, during or after the crime

    A person can be criminally liable for the acts of another if they are a party to the offense

    TPC sec. 7.01. “PARTIES TO OFFENSES” provides that “(a) A person is criminally responsible as a party to an offense if the offense is committed [1] by his own conduct, [2] by the conduct of another for which he is criminally responsible, or [3] by both.” Thus, the person who commits the act is a party and anyone else whom the law defines as a party is criminally responsible for the act. Subsec. (b) provides that each “ party to an offense may be charged with commission of the offense.

    Sec. 7.02, describes three situations where a person is a “party,” i.e., criminally responsible for the conduct of another. If the party does not commit the offense directly, to be liable, the party must want, intend or desire that the other person commit the offense. This is the mens rea requirement

    Second, a under sec. 7.02 (a)(2), a person is responsible for the acts of another if “acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.” This is the classic definition of an “accomplice” and also includes those who solicit others to commit crimes. (The crime of solicitation is discussed in ch. 7.) Thus is A asks (solicits) B to commit a crime, A intends that the crime be committed, and B commits the crime, A (along with B) are guilty of the crime committed by B. An example of accomplice liability would be if B tells A that he (B) would like to burglarize a home but lost his crowbar. If A provides B with the crowbar with the intent to aid in commission of the burglary, and B commits the burglary, A is also responsible for the burglary. The actus reus is satisfied if the defendant “solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense

    Merely being present at the scene of a crime is not enough to make one a party. <<< I thought I should point this out before I am told I didn’t read my own link. I did read it and I do comprehend it, the DA is not going to claim before the court that merely being present made the bikers guilty the DA is going to lay out a step by step case against the bikers which will include the growing violence between the Bandidos and the Cossacks, the rift over the Texas bottom rockers, and I suppose a lot more information that we are not privy to.

    As I have said repeatedly the EOCA is going to come back to bite the bikers.

    The DA is going to say that the bikers who did not physically participate in the melee want, intend or desire that the other person commit the offense and that their membership in the criminal organization that is the Bandidos or the Cossacks/Scimitars is that “relationship”.

    Do I think all 177 charged will end up being convicted . No.

    Again I am not arguing for the State, simply saying what I believe the State’s argument will be.

    And now Rojas, I wish you well, but I won’t chat with you anymore because I gave you an honest answer to your first passive aggressive question, and you were snotty and frankly I just have no time for nonsense. So you may view this as my last “try” 😉 and I’m good with that.

    Like

    • pspsst says:

      If vicarious liability were applicable, other than mens rea such as being driver of get away car and supplying drugs to underage child to sell – Obama would be in jail today. What are we waiting for ? The court will argue the larger and more dangerous conspiracy was Waco LE. A treeper said here, 18 LE and SWATs pre-engaged and armed to the teeth with selective shot weapons, everyone of those Cossacks looked like a nail.

      Like

    • Rojas says:

      Hello Lovely
      That’s very interesting. Thank you.
      You have constantly referred to the EOCA as support for your statements. That seems to be the source of the error.
      The “F Me” Statue as you have referred to it is actually called the “law of parties”. It’s been a source of controversy for a long time. This statute has no relationship to the EOCA.

      While I don’t want to dwell on it I find your suggestion that my repeated requests for specificity to be “passive aggressive ” and “snotty” bizarre. Specificity is required.

      sec 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
      Sec. 71.01. DEFINITIONS. In this chapter,
      (b) “Conspires to commit” means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and
      that person and one or more of them perform an overt act in pursuance of the agreement.

      Conspiracy under EOCA requires an overt act by the accused and at least one more person in pursuant to the agreement.. The alleged agreement under discussion “to commit murder, capital murder or aggravated assault against the laws of the state of Texas”.

      So when you stated
      “Because of the EOCA charge that the State does not even have to prove prior knowledge of a planned confrontation for each and every of the 177 arrested to found
      guilty of the crime to “conspire”
      Well, it’s just not very likely that someone could not have prior knowledge and yet engage in the required overt act…

      It’s important to note that “A conspirator is punished because of the agreement to commit an offense with no requirement that the object offense actually be committed.”

      Under the EOCA statutes the enhanced penalty is less sever for conspiracy than commission.

      The section of the penal code you have reverenced is found in CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. This is commonly called the law of parties.

      Under the law of parties the theory “in for little in for the whole” is supported.

      It’s clear that the element of commission of the predicate offense as is required under the EAOC can be sustained by a “party to an offense”. I have cited below the conviction of the Republic of Texas leader for kidnapping with the EOCA enhancement sustained.

      “Citing Barber v. State,[7] the Court of Appeals concluded that the law of parties is inapplicable to liability for engaging in organized criminal activity. The court misapplies our holding in that case. In Barber, we distinguished the elements of criminal conspiracy from those of organized criminal activity, emphasizing that the latter offense requires that “the actor must not only agree to participate but must himself perform some overt act in pursuance of that agreement.” Barber at 235. However, Barber did not address the law of parties. The Court of Appeals was incorrect in its conclusion that the definition of engaging in organized criminal activity set forth in Barber precludes the State from relying on the law of parties in prosecutions for that offense.”

      http://law.justia.com/cases/texas/court-of-criminal-appeals/2003/1801-99-5.html

      It may be the case that threshold is lower to sustain a conviction for commission vs conspired to commit under the EOCA with law of parties element. That was argued in the following case. This case also has much discussion about the Commit vs Conspired to Commit aliment of the law.

      “The appellant notes that one element of conspiring to engage in organized criminal activity is that the accused himself commit an overt act in furtherance of the conspiracy. As a result, the appellant argues, applying the law of parties to the commission means of charging the offense creates a lower threshold of evidence to obtain a greater punishment. (4) But both within and outside of the combination context, party liability requires the State to prove that the offense was actually committed.”

      http://www.txcourts.gov/All_Archived_Documents/ccaInformation/opinions/075500.htm

      Back to your statement that “State does not even have to prove prior knowledge of a planned confrontation” if we remove the “conspiracy” element of the EOAC I would have to agree that this is theoretically possible under the law of parties.

      The cases I have reviewed showed a pretty high level of involvement in the predicate offense to sustain a conviction under the EOCA. However I admit the level of nuance required to evaluate the law of parties element is not readily obtained by a layman reviewing a half dozen cases.

      Liked by 3 people

      • annastinaa says:

        Rojas & All — Both the screen name and the visual image of the poster to whom you are replying are precisely calculated to instantly suggest 100 percent branding of positive imagery in the mind’s eye. From the INSTANT one starts reading his/her words, one is already positioned subconsciously to regard the source of those words as benign instead of deceitful.

        That poster defends tyranny with great calmness and eloquence That poster defends the legality of civil servants meting punishment first and facing consequences later if the punishment was in fact abuse of power, assuring all that if we are just patient, the courts are still capable of making things right via assorted legalities and protocol. I think the mission of that poster is to DISTRACT this discussion and have it focusing on individual trees ablaze as a means to ignore a raging and advancing forest fire.

        I regard that poster as a little too obvious to be trusted and hence skip his/her posts, though I read responses by Rojas, Pspsst, Oldiaguy, and all others, and am grateful to those posters for what they present here.

        Waco DEMONSTRATED to a frightening degree how much civil servants in law enforcement and the judiciary NOW enjoy very different rights than the civilians they ostensibly serve

        Waco proves clearly that civil servants can bend or break the law with full benefit of the doubt on their side, and defer into the distant future, via expensive and time-consuming court procedures, any punishment or consequences.

        Civilians are meted ZERO benefit of the doubt, and may have HARSH punishment and PERMANENT consequences dealt FIRST, by civil servants, before the citizens’ guilt or innocence has been established. If those wronged citizens seek redress, it will be via the same expensive and time-consuming court procedures.

        Civil servants in America have rendered the court system impotent in protecting citizens from the abuse of civil servants. When those citizens happen to belong to a demographic KNOWN for its patriotism, love of America, and love of freedom … we need all to take note and be prepared for extraordinary consequences.

        Liked by 1 person

        • pspsst says:

          Salutations! Very well put. I was put off by the making fun of a non-biker’s scared eyewitness told anonymously out of fear of LE, whose outline did match closely with AP description of video. I’m persistent although exhausted because just like George Zimmerman’s case, our freedoms are at stake.

          [edit: Rojas, Oldiad, then some weed named Pspsst, 🙂 )

          At the end of the day, Americans are dead probably because someone hates our Flag. It is a continuation of abuse of both black and white amerians since the Civil War.

          From a slave pre-Civil War,

          “Ben Johnson was born a slave around 1848. Eighty-five years later he was interviewed by a team from the Federal Writers’ Project that was gathering recollections from former slaves. We join him and his wife as they sit on the front porch of their home near Durham, NC and he recalls his encounters with the Ku Klux Klan shortly after the end of the Civil War:

          “I was born in Orange County [North Carolina] and I belong to Mr. Glibert Gregg near Hillsboro. I don’t know nothin’ ‘bout my mammy and daddy, but I had a brother Jim who was sold to dress young misses fer her weddin’. The tree is still standing where I set under an’ watch them sell Jim. I set dar an’ I cry an’ cry, especially when they puts the chains on him an’ carries him off, an’ I ain’t never felt so lonesome in my whole life. I ain’t never hear from Jim since an’ I wonder now sometimes if’en he’s still living.

          I knows that the master was good to us an’ he fed an’ clothed us good. We had our own garden an’ we was gitten’ long all right.

          I seed a whole heap of Yankees when they comed to Hillsboro an’ most of them ain’t got no respect for God, man, nor the devil. I can’t remember so much about them though cause we lives in town… an’ we has a gyard.

          ….

          The KKK’s reign was short-lived, its decline hastened by the revulsion of many southerners to its extreme methods and suppression by local governments. By 1868, its power was beginning to wane.

          WPA Slave Narrative Project, North Carolina Narratives, Volume 11, Part 2, Federal Writer’s Project, United States Work Projects Administration (USWPA)

          As is typical of the rewriting of history, the North took all the acclaim for reduction of the KKK. What did the “North” do exactly? Ride into the southern states to teach those southerners a lesson about the KKK? NEGATIVE. The southerners fought the KKK on their own turf. Once eradicated, the KKK made a resurgence in the North circa 1915 for political gain – which is a stronger tyrannical instrument of the Democrat “National” Party (DNC), voters shifting parties.

          Liked by 1 person

        • lovely says:

          LOL Thanks Annastina for a good chuckle. My screen name is because of an old joke, my friend and I were at a farmers market and a young gentleman probably 10 years my junior handed me a huge beautiful bouquet of flowers, he said he bought them for me because the blue matched my lovely blue eyes, now I don’t know if he was high, goofy or drunk but my eyes are hazel.

          So as a joke my friends sometimes call me Lovely blue 🙂 . As to my avatar I like sunflowers and I found it easy to find among all the avatars here, so really nothing was calculated to portray a benign soul. though in all honesty I am gracious to a fault which may come across as phony on a board filled with strangers

          So you see everything you believed as fact about my screen name and avatar was simply wrong.

          Now if you find my words deceitful there is nothing I can do about that as there is no deceit in them. I am honest to a fault. there are some here who could attest to that but I have no desire to go down the road of nonsense. I am who I am.

          I do not defend tyranny, I defend the truth and the truth is 9 bikers are dead and 18 injured because of bikers. the dead and the wounded deserve justice.

          I am calm, because misperceptions of me on a board are about other peoples filters not who am as a person.

          I have repeatedly said LE and the DA should not be allowed to circumvent the law or the Constitution.

          I am not swayed by confirmation bias, group think or anything other than my personal knowledge, the evidence as I know it, the law, human nature, opinions of people I know and trust as viable sources of information and legal opinion. Arguing those elements has gotten me no where with certain posters so I choose not to have a discussion with them. I do not spit into the wind.

          I have asked what other options LE had on May 17 th. A deadly gun fight broke out between warring bike clubs and LE met violence with violence, saved lives and took almost immediately control of the situation. You could say I am focused on justice for the 9 dead and using every means within the law to bring their killers to justice.

          LE let a lot of bikers go that day. This situation has no precedent other than the melee in Vegas. Bikers ran toward LE and were not killed.

          This is unchartered territory, and the F* Me EOCA charge is going to be a bear to fight against.

          If that somehow makes me a cheerleader for tyrants there is absolutely nothing I can do to change your mind and I can live with your opinion of me for the simple fact that I know it is wrong.

          Well wishes in your endeavor to find the truth, may the evidence inform your opinion rather than your opinion create the evidence.

          And I just notice oldiaguy feels that i am deceitful also. again I have remained constant in my opinion, I have cited all sorts of codes, laws and realities, so I chose to accept your misconception of me because I would rather stand with the truth than follow the talking points.

          And one more time, I do not think the DA is honest I do not think things went down in an exemplary fashion and if killers walk because of LE misconduct I will support that walk. I have mentioned more than once the things that give me pause including Peterson’s “send a message statement” .

          Mostly I would like murderers brought to justice within the honest framework of the justice system.

          Like

          • pspsst says:

            The wind you spit in is your own…….
            when you defame a Purple Heart killed mercilessly to prove your point that he belongs to a disgusting video and write snarkily about a possible victim of real legal abuse again to repetitively prove a point that’s lost eons ago

            What you call graciousness is something else, and yes, only you know what it is.

            Liked by 1 person

  20. Emily Litella says:

    http://www.kxxv.com/story/29442762/local-judge-orders-police-to-release-twin-peaks-surveillance-to-biker-and-attorney

    KXXV is reporting that a Subpoena for Don Carlos video has been Quashed on a Motion by the State (State v. Clendennen) in Precinct 1, Place 2 (Pete Peterson) Justice Court.

    The KXXV link contains a link to the Subpoena, the Motion to Quash, and a proposed Order.

    Like

    • Emily Litella says:

      http://www.kcentv.com/story/29462119/biker-attorney-tries-to-obtain-don-carlos-surveillance-video

      KCEN has a bit more flesh on their report on the Subpoena for Don Carlos video.

      There is/was a habeas corpus hearing scheduled for today in District Court for Ronald Atterbury, a Cossack from Gatesville. Haven’t seen anything on it yet.

      Like

      • liberty2828 says:

        Reduced his bond to $40,000. Peterson had a death in the family so did not testify.

        Like

      • liberty2828 says:

        More info from Hearing. Chavez admits he perjured himself when he signed 177 arrest documents.

        Biker attorney challenges ‘cookie-cutter’ arrest warrants

        Jackson called Waco police Detective Manuel Chavez as a witness to describe how the affidavits were drafted. To obtain the arrest warrants Chavez swore before a judge as to their content. He testified Thursday that the document was written by prosecutors in the McLennan County District Attorney’s Office on the day of the shootout.

        Chavez admitted he didn’t know if Atterbury, 45, committed any of the offenses alleged in the affidavit and acknowledged that the affidavit does not accuse Atterbury specifically of any wrongdoing besides being a member of the Cossacks.

        “Is membership in one of those organizations a crime?” Jackson asked. Chavez answered, “No.”

        http://www.wacotrib.com/news/twin-peaks-biker-shooting/biker-attorney-challenges-cookie-cutter-arrest-warrants/article_c92d2ab8-d574-5db7-9a60-2d15d9b56a7a.html?photo=2

        Liked by 1 person

        • pspsst says:

          Incredible. LEs need to come clean, and indict the prosecutors. Only a week before Waco TP, a nearby community complained to Waco PD about loud, disturbing swat-like shooting exercises at a nearby Catholic school. WPD claim these are monthly shooting exercises for newbies.

          https://amyirenewhite.files.wordpress.com/2015/06/image140.jpg?w=463&h=

          ‘In California, the VFW (Veterans of Foreign War MC) was approached by law enforcement asking that they cancel reservations for a COC event taking place three days after Waco. The VFW righteously rebuked the warnings and responded with the fact that COC meetings had been occurring for years at the VFW without incident. Law enforcement threatened to increase presence. Consistent with history, the meeting was a peaceful political gathering.” ‘

          https://motorcycleprofilingproject.wordpress.com/2015/06/26/how-waco-is-being-used-to-decimate-the-1st-amendment/

          Liked by 1 person

        • pspsst says:

          Comment got lost.

          Briefly, I linked to a facebook page from AmyIrene’s web that showed a community complained about a swat-shooting exercise near a Catholic school just one week earlier to Waco TP.

          Also another link to Veterans of Foreign War in California 3 days after Waco being threatened and told by LEs to cancel their annual meeting in Calif. which they’ve held for years without any incident. The meeting went ahead and was successful as usual.

          Liked by 1 person

        • Emily Litella says:

          Further extraction from the article:

          Prosecutor Luce: He [Atterbury] committed the offense of engaging in organized criminal activity by associating with a criminal street gang and showing up with other members of an organized street gang where a melee ensued, involving another organized street gang. Is that right?

          Chavez: That is correct.

          I’m not arguing if that will or will not (or should or should not) continue to hold up in the courts.

          Just pointing out it is at the core of the arrests and charges at this point.

          I suspect Atterbury’s attorney will appeal Judge Johnson’s ruling.

          Like

          • Emily Litella says:

            Ay-yi-yi.

            The muddy waters that are the criminal justice system in Texas.

            Atterbury’s attorney is this guy:

            http://www.breitbart.com/texas/2015/03/20/texas-bar-alleges-prosecutorial-misconduct-in-case-of-man-executed-in-2004/

            “The State Bar of Texas has filed a formal accusation of prosecutorial misconduct against John H. Jackson, the former Navarro County Assistant District Attorney who prosecuted Cameron Todd Willingham….He [Jackson] is accused of obstruction of justice, making false statements and concealing evidence favorable to Willingham’s defense.”

            The complaint was filed against Jackson on March 5, 2015 in the Navarro County District Court.

            He has requested a jury trial. If the complaint is found to have merit, punishment could range from a reprimand to revocation of his license to practice law.

            Like

          • Emily Litella says:

            http://www.expressnews.com/news/local/article/Central-Texas-Marine-vet-fights-to-clear-name-6354491.php

            “The Texas Department of Public Safety said it considers the Cossacks to be an ’emerging outlaw motorcycle gang,’ but the agency’s 2014 Gang Threat Assessment does not mention the group.”

            From whence the state will base their contention that membership/affiliation with the Cossacks satisfies the definition of “criminal street gang” as an element of Penal Code 71.02 Engaging in Organized Criminal Activity.

            Like

            • Rojas says:

              Criminal Street Gangs at the Capital
              https://professorquicksand.files.wordpress.com/2015/06/1aaaaaaaaaaaaaaaaaaaaaaabiker-rally-0005.jpg?w=300&h=196

              Hundreds of bikers from around Texas rally for motorcycle rights at the Texas Confederation of Clubs and Independents Legislative Day at the Capitol on Monday January 26, 2015. The bikers paraded from the Austin American-Statesman to the Capitol for a rally on the south steps before going inside to talk to their representatives. H/T to JAY JANNER / AMERICAN-STATESMAN

              Liked by 1 person

              • pspsst says:

                This is the banner for the Texas Confederation of Clubs and Independents official site

                I hope the image works, if not please go to their website to view.

                http://txcocinews.org/

                Remarkable how it shows the Texas State Flag with bikers pledging allegiance. First we become aware that bikers are involved in a Waco massacre. Then we find out majority bikers arrested are marines and combat veterans. Meanwhile an ongoing effort based on hoaxes is long underway via South Carolina to remove Confederate Flags.

                Liked by 1 person

            • Rojas says:

              Being in the database is not relevant to the EOAC charge.
              Also note clause (E) below. I wonder how that clause applies to the sufficiency of the arrest affidavit. Should additional corroborating information from outside the system have been included? I would think the statute makes clear a requirement.

              Art. 61.11. GANG RESOURCE SYSTEM. (a) The office of the attorney general shall establish an electronic gang resource system to provide criminal justice agencies and juvenile justice agencies with information about criminal street gangs in the state. The system may include the following information with regard to any gang:

              (1) gang name;

              (2) gang identifiers, such as colors used, tattoos, and clothing preferences;

              (3) criminal activities;

              (4) migration trends;

              (5) recruitment activities; and

              (6) a local law enforcement contact.

              (b) Upon request by the office of the attorney general, criminal justice agencies and juvenile justice agencies shall make a reasonable attempt to provide gang information to the office of the attorney general for the purpose of maintaining an updated, comprehensive gang resource system.

              (c) The office of the attorney general shall cooperate with criminal justice agencies and juvenile justice agencies in collecting and maintaining the accuracy of the information included in the gang resource system.

              (d) Information relating to the identity of a specific offender or alleged offender may not be maintained in the gang resource system.

              (e) Information in the gang resource system may be used in investigating gang-related crimes but may be included in affidavits or subpoenas or used in connection with any other legal or judicial proceeding only if the information from the system is corroborated by information not provided or maintained in the system.

              Like

            • pspsst says:

              Gangs 101 by Abbott

              Nil mention of Bandidos nor Cossacks.

              Click to access Gangs%20-%20PowerPoint.pdf

              Liked by 2 people

              • liberty2828 says:

                That was very interesting as far as Street Gangs with all the Tattoos, gang decals, clothing, colors, etc.

                I wonder with the mass arrest of multiple biker clubs in Waco… they will put together the same type of document for law officers. They took all the “weapons” stickers, vests, jewelry so maybe they also took photos of everything including all the tattoos and stickers on bikes and cars, etc for a new “What Law Enforcement Needs to Know About Biker Gangs”. I guess we will see. Knowing more about the DA he will probably put it together and sell it to pay for all the aggressive activities of his department. Especially now that so many in Waco are complaining about the cost of the arrests for the county.

                Like

        • oldiadguy says:

          Let me see if I got this right. An officer signs and swears confirming his personal knowledge outlined in the affidavit as being true and factual. At a later date and under oath, the same officers states the information in the affidavit wasn’t based on his personal knowledge, nor did he know if the individual named in the affidavit did, in fact commit any of the acts outlined in the affidavit that the officer had previously signed and swore that it was factual.

          SMH

          No problems here folks, just move along.

          Liked by 2 people

  21. liberty2828 says:

    Judge reverses order to extend McLennan County grand jury’s term

    The judge said he had not seen Broden’s objection when he decided to withdraw his order extending the grand jury.

    Oh ok, right. Just happened to change his mind.

    http://www.wacotrib.com/news/courts_and_trials/judge-reverses-order-to-extend-mclennan-county-grand-jury-s/article_3fc84853-0294-5921-b795-bc71ff3b527e.html

    Like

  22. Emily Litella says:

    http://www.wsj.com/articles/waco-biker-shooting-has-long-legal-aftermath-1435862503

    Waco Biker Shooting Has Long Legal Aftermath

    Some nuggets from this article:

    “This was a remarkable situation where [Waco authorities] were faced with open gang warfare that broke out at a public restaurant,” said Rob Kepple, the executive director of the Texas District and County Attorneys Association. “We need to give law enforcement a little leeway to cast a wide net and sort this out properly.”

    and

    “You don’t throw everyone in jail and sort it all out later,” said Susan Criss, a former Texas judge who represents several of the many bikers facing felony charges of engaging in organized criminal activity.

    Like

  23. annastinaa says:

    Susan Criss is right — and forgot to mention that those thrown in jail had their professional and personal lives and finances IMMEDIATELY severely crippled or destroyed, and also those TWO THIRDS who had zero prior arrest records … all have arrest records now.

    So if this happens to them again, being arrested for exercising their right to free association with fellow motorcycle enthusiasts and club members, because they had prior arrest records being charged with a very serious crime, will present a façade of legitimacy in the minds of the public, when they read that those arrested “had prior arrest records of serious nature.” Nevermind that the arrests were made on false pretenses. And IF those people want to have their records cleared, it will cost them considerable $$ and will take considerable time.

    Punishment was dealt FIRST — those punished are going to have to wait for due process for a very long time and at great personal financial expense.

    Liked by 2 people

  24. oldiadguy says:

    Some more stories about big scary looking out of control “biker gang” members.

    http://hotair.com/archives/2015/07/03/video-flag-burners-dispersed-by-veterans-bikers/

    http://www.rawstory.com/2015/07/watch-anarchists-spark-chaos-by-burning-american-and-confederate-flags-in-a-brooklyn-park/

    http://nypost.com/2015/07/02/cops-save-anti-nypd-flag-burners-from-angry-bikers/

    http://www.americanbikertalkradio.com/_blog/Biker_News/post/bikers-attack-weenies-who-burn-flag-to-protest-cops—then-need-cops-to-save-their-asses/

    Hurricane Sandy Stories

    http://thenewyorkcurrent.com/?p=511

    https://ebikerleatherblog.wordpress.com/tag/hallowed-sons-mc/

    The moral of the story is that not all MC’s or their chapters are set up as criminal enterprises nor are all member of MC’s criminals. Crimes are committed by individuals(s) not necessarily by organizations. Lumping everyone together into one classification (criminals) due to their membership status to an organization is a dangerous road to take.

    Take Care

    Liked by 1 person

    • EclecticAK says:

      Please note that in the videos on your hotair.com link that many of these veterans and Hallowed Sons MC members performing this act of righteous patriotism are wearing red & white “Support Your Local 81” (Hells Angels MC, the dominant 1%er club in the New York city area) apparel. I sure that means Les would consider them all evil criminal conspirators…… 😉

      Liked by 1 person

    • pspsst says:

      Another confirmation that authorities are attempting brand haphazardly every MC, or resembling MC by virtue of ex-military members:

      Law enforcement/VFW incident confirmed by Board Members And Legal Counsel Of the Southern California Confederation of Clubs. The meeting takes place at the Orange County VFW every other month, involves over 120 clubs, is attended by legal council, and solely focuses on legal and legislative issues impacting motorcyclists.

      https://motorcycleprofilingproject.wordpress.com/2015/06/26/how-waco-is-being-used-to-decimate-the-1st-amendment/#_ftnref12

      The VFW (Veterans of Foreign War) which do not consider themselves an MC but do enjoy biking as a combined hobby because many of their auxiliary members do not in fact ride bikes, were warned and threatened by LEs to cancel their monthly meeting in California 3 days after Waco TP.

      LOLROTFL.

      In order to be a member of the VFM you must complete……. a minimum 100 hours of community service and be a member in good standing. Hence their reknown participation in good community works by the sweat of their own brow.

      So while MC bikers were out at Sandy Hook pitching up tents to supply fresh hot food and health supplies, the Red Cross was protesting citizens donating canned food – because they’d have to go out and cook the food, or sum’ting.

      I would fight equally for the boys in blue should they be railroaded by politicians. Thank you for the links! I’ll enjoy Independence Day browsing through them today!


      Army


      Navy


      Boys in Blue

      Liked by 2 people

  25. annastinaa says:

    Law enforcement was so informed and smart and savvy, that they knew something was going down — they had inside info. They were prepared — at least 18 LEOs were there before the shooting even started, that’s official. So naturally, when these hotheaded bikers cut loose, LE being tipped, more or less, it ended before it even started, practically. Hooray for the Waco PD! That’s the narrative.

    But if LE was so savvy, how come it didn’t know that most of the people there were regular club folks, harmless average folks being law-abiding, perfectly within their rights on all fronts? LE honestly couldn’t tell?

    if it really was a planned rumble over territory between hardened criminal hotheads and savvy LE prepared to snub it, LE would have cleaned out the 27 or so who sparked it, hauled away the nine dead (four of whom had no criminal records), and reaped praise for being savvy and effective at taking out bad dudes.

    But they cleaned out 177 altogether. And they didn’t know the difference?

    Like

  26. Rebel Mope says:

    I think this is the place to put this. Please delete it if I am posting in the wrong place. Thanks.

    A Waco police detective was selected Wednesday to preside over a new McLennan County grand jury that could be the panel that considers the Twin Peaks shootings.
    The grand jury was selected using the new state-mandated random method.
    James Head, a 34-year police veteran who has spent 26 years with Waco PD, was among the first 14 on the panel qualified to serve on the grand jury and, beyond that, 19th State District Judge Ralph Strother selected Head to serve as the foreman.
    After the 12 members of the grand jury, plus two alternates, were chosen, Head, wearing his police badge and service pistol, entered the grand jury chambers with the others to begin considering about 100 criminal cases presented by the McLennan County District Attorney’s Office.
    http://www.wacotrib.com/news/courts_and_trials/waco-detective-named-foreman-of-grand-jury-that-may-hear/article_ae193514-f9ab-518a-9046-7afc454d0351.html

    http://abcnews.go.com/US/wireStory/waco-cop-head-grand-jury-hear-biker-shooting-32342092

    Like

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