Don Carlos seeks to block release of shootout surveillance video

Waco Tribune ^ | July 6, 2015 | TOMMY WITHERSPOON

[don-o]

In a response to the motion to quash, Broden called Don Carlos’ arguments “gobbledygook.”

[don-o]

Peterson has not set other hearings in the case, including one to consider the motion to quash the subpoena.

Guess Ol' Pete needs to rest up from setting all those $1,000,000 bonds and reading 177 identical probable cause affidavits.

[WayneS]

I can’t find that term in Black’s Law Dictionary.

[ImJustAnotherOkie]

It’s a weak argument. Call it what you want, but historically, citizens rights to know do not superseded the defendants right to a fair trial. You see it all the time.

[JimRed]

Hmmm...what’s Don Carlos hiding?

[MeganC]

The video could possibly exonerate some of the people currently in jail. It could also lend credence to the opinion that the police fired first. Makes me wonder if the Waco police are behind the attempt to hide this video.

[don-o]

This is not about the gag order. It's about an attorney seeking exculpatory evidence for his client for the Art. 16.01. EXAMINING TRIAL

[House Atreides]

“...the manager of the Waco Don Carlos is no longer in possession of the hard drives containing the surveillance because Waco police officials took them as part of their ongoing investigation....”
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Right...those hard drives are really safe in the “state's” hands. No risk whatsoever of any of the (inconvenient -- from the state's perspective) contents being compromised, corrupted, lost or deleted.

[Boogieman]

LOL, yep, “Don Carlos Mexican Restaurant” must be an integral part of the conspiracy!

[House Atreides]

“Hmmm...what’s Don Carlos hiding?”
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Whatever the government agents want them to hide.

[vette6387]

“Hmmm...what’s Don Carlos hiding?”

Just a guess, but I’d come down thinking that the City of Whacko is involved in this somewhere because they have seen the Don Carlos security video and it paints the city in a poor light! One would say that methinks Don Carlos doth protest too much!

[don-o]

It could also lend credence to the opinion that the police fired first.

I don't think the police fired first. I think they were caught flat footed because they were sitting in their vehicles.

[RitaOK]

What a waste of ink. Seems like a non-story, about a frivolous motion that goes no where. Of course the video will be entered into evidence.

Clearly, Don Carlos is looking for a windfall from Twin Peaks, and may get it, but that’s a rabbit trail that has nothing to do with the main event that has so many foamed up.

How’s Waco doing these days anyway? Seems the citizens are still pretty well mute about all the drama. Except occasionally on FR, I have not heard a breath about this story anywhere.

[don-o]

How’s Waco doing these days anyway? Seems the citizens are still pretty well mute about all the drama.

On their knees praying it all goes away before having to write a bunch of checks with a bunch of zeroes.

[MeganC]

I don’t believe they were simultaneously caught flat footed sitting in their vehicles AND in position and ready to go with high-powered rifles when the shooting started.

It’s one or the other and given the high-powered rifle thing actually took place I have a hard time even entertaining the ‘sitting in their vehicles’ proposition. It’s just not possible.

[Zuben Elgenubi]

Also, he alleges, the manager of the Waco Don Carlos is no longer in possession of the hard drives containing the surveillance because Waco police officials took them as part of their ongoing investigation.

If that is the case, they'll have to be turned over during the discovery process.

[Cboldt]

This same subject was discussed here a few days ago. Don Carlos best argument is the only one they need to make, we don't have the evidence you are demanding us to produce.

All the other blather, "undue burden," etc. is their lawyer, puffing up his billable hours. Being incensed about the boilerplate subpoena language, ("contempt," "imprisonment") is likewise.

[PA Engineer]

Right...those hard drives are really safe in the “state's” hands. No risk whatsoever of any of the (inconvenient -- from the state's perspective) contents being compromised, corrupted, lost or deleted.

Exactly. In after the plants.

[Paladin2]

Some nice business licenses you got there.....

[don-o]

Then you need to take it up with the Chief of Police. I tend to accept his word, and wonder why it got scrubbed. My guess is because it makes his department look quite incompetent.

Stroman statement that has been scrubbed from Waco PD facebook