Posted on 08/25/2015 4:56:07 AM PDT by don-o
Two separate grand juries will conduct investigations into the shootings that occurred outside a Twin Peaks restaurant in Waco in May, according to McLennan County District Attorney Abelino "Abel" Reyna.
The shootings led to nine deaths and arrests of 170 bikers, charged with engaging in organized crime.
One grand jury will investigate the cases against the bikers, and another will investigate police officer use of deadly force, Reyna said.
Reyna commented about grand jury plans after Sam Bassett, the president of the Texas Criminal Defense Lawyers Association (TCDLA), raised concerns about the composition of any grand jury scheduled to investigate the bikers' cases.
In an Aug. 4 letter addressed to a McLennan County district judge, the grand jury and Reyna, Bassett expressed his concerns about the possible presence of James Head, a Waco police detective, as the foreman of a grand jury that would evaluate the possible indictments of the arrested bikers.
"While we express no opinion as to detective James Head's personal ethics or integrity, we are greatly concerned that this grand jury should under no circumstances be the grand jury that considers indictments in the biker cases, especially since there are reports that he had some involvement in the investigatory process. TCDLA urges you to consider for this case a special grand jury that contains no members of law enforcement who are involved in the biker cases," Bassett wrote.
In response to Bassett's letter, Reyna said he has made "no representation either way" about the composition or timing of grand juries investigating the shootings. He only clarified one point: "Anytime you have a crime scene and there is an officer's use of deadly force, you have two investigations."
But two criminal defense lawyers—Susan Kelly of Waco, who monitors the bikers' prosecutions for the TCDLA, and Paul Looney of Houston and Hempstead, who represents three defendants—both said they understood from prosecutors that the grand jury with the Waco police officer serving as foreman would not hear the bikers' cases.
Kelly said she doesn't expect any grand jury convened before October to hear the bikers' cases. Although she has not received a commitment from the county officials that no member of the law enforcement will be on the grand jury that does hear the bikers' case, Kelly said: "Odds are that it won't happen again."
Looney agreed. Twice, a prosecutor has told him that the grand jury with the Waco police officer as foreman would not hear his clients' cases, Looney said.
On Aug. 17, two of Looney's clients, a biker and his wife, received an unfavorable ruling from a visiting judge who is presiding over the bikers' initial pretrial hearings. Retired district judge James Morgan ruled that the evidence prosecutors presented so far is sufficient to create probable cause for the arrests of the two, and that he would allow a grand jury investigation for a possible indictment to go forward.
Morgan's ruling against those two defendants means that all of the biker defendants should expect their preliminary objections to their arrests to fail, and to prepare to face a grand jury and a possible trial, Looney said. At the Aug. 17 hearing, prosecutors presented "no evidence" for two different elements of the charges against his two clients, Looney said. But the judge nevertheless ruled that the prosecutors could proceed. Therefore, Looney concludes that Morgan will allow all the bikers' cases to go forward to a grand jury.
What about the officer involved shootings? Will James Head hear those? Will Renya submit them?
Thanks again for your relentless pursuit of this incident. Sorry, I ain’t a lawyer so I can’t be much help with this aspect. I am still trying to find time to further digest the autopsies. I still think there is more to be gleaned there.
“Sorry, I ain’t a lawyer so I can’t be much help with this aspect. I am still trying to find time to further digest the autopsies. I still think there is more to be gleaned there.”
Give it up. You ain’t a medical examiner either.
Give it up. You ain’t a medical examiner either.
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I see the apologists for this Obama regime BATF operation gone bad have begun to show up to begin deflection ops. I guess it gives them a break from their boot licking and leather polishing.
By the way bootlicker, he didn’t say he was a medical examiner. But you don’t KNOW whether he is or isn’t a medical examiner so why the attack?
Thank you for the posting Don. I am not quite sure what to make of the 2nd Grand Jury. Could it be a cover up or is there actually evidence on the tapes that the police used excessive force? I tend to believe the cover up angle.
” But you don’t KNOW whether he is or isn’t a medical examiner so why the attack?”
It wasn’t an attack. It was a pearl of wisdom from me to HIM.
More will be investigating:
Suit against TP’s says bikers started fight.
“In defiance of repeated law enforcement warnings, Twin Peaks invited rival biker gangs to its Waco restaurant on May 17, 2015,” the lawsuit says. “Predictably, these rival gangs — fueled by Twin Peaks alcohol — began fighting.”
LOL!
“You have never had a Pearl or Wisdom. “
One for you, too!
Edit the grammar on your homepage.
BAHAHAHAHAHAHA, that has a meaning to a lot of old Freepers would not touch it.
“BAHAHAHAHAHAHA, that has a meaning to a lot of old Freepers would not touch it.”
Are you referring to your friends that support biker gangs?
Actually some of them have Passed on, and were great Defenders of Freedom to Americans, as those who still remain fighting the good fight.
I wouldn't make anything of it. What the DA is saying (and there is no way to find out if he follows through) is that separate grand juries will be used to investigate possible crimes by bikers, and possible crimes by police on-scene.
My sense is that he is putting on a show to create the impression his actions are balanced and reasonable.
He can put both types of cases before the same grand jury, if he wants.
That suit is basically a knock off of Mrs. Rodriguez suit, with the difference being the amount of damages.
Do you think we are idiots? The article you linked to covers a lawsuit that two customers (who were INSIDE and can have no personal knowledge of what transpired outside). The verbiage you quoted was from their lawyer (who is clearly seek a settlement to “go away”) who ALSO WAS NOT THERE TO WITNESS ANYTHING. Yet you post this verbiage as “FACTS”. You are despicable and not worthy of being considered a FReeper. I suggest you go service some of your leather wearing authority figures.
“That suit is basically a knock off of Mrs. Rodriguez suit, with the difference being the amount of damages.”
I haven’t seen details on her suit but from her statement it sure points to a gang fight! I don’t know how successful the suits will be considering that they were part of the gangs involved!
Rodriguez’ widow, Mary, told the AP her husband’s death was, “something that shouldn’t have happened,” adding that the police should’ve done something to stop the rumble between Bandidos and Cossacks motorcycle club members from happening in the first place.
http://www.nbcnews.com/news/crime-courts/widow-waco-shootout-biker-sues-restaurant-n388901
“Do you think we are idiots?”
I won’t argue with you on that one.
“My sense is that he is putting on a show to create the impression his actions are balanced and reasonable.”
Not everything is a conspiracy.
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