Posted on 07/06/2015 11:08:21 AM PDT by don-o
Ping
Discovery is gonna be interesting..................
Good food?...................
I don’t think they fired first either.
I do think they fired on people with lawful weapons carried for self defense who were seeking cover and not shooting at anyone.
After the fact somebody realized that the whole “shoot ‘em all and let God sort it out” thing wasn’t going to go down well with the public. Thus they arrested everyone with a smartphone.
Cameras from businesses are more problematic. Well run businesses have off site monitoring so that thieves can’t steal the security footage.
“Hmmm...whats Don Carlos hiding?”
“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. “
“The motion suggests Broden ask prosecutors to turn over the video.”
More like what is the fuzz trying to hide?
“whats Don Carlos hiding?”
His fear of the LEO’s who are demanding he protect them.
Bret Griffin was with the Galveston county DA’s office for some time. He is known as a stand up guy. It looks like one problem here is that that Don Carlos cannot produce the video because they don’t have the hard drives. The police have them. Secondly, Don Carlos has a lawsuit against Twin Peaks and that may involve the videos. Brett may have a point that it seems a little much to threaten Don Carlos with contempt and arrest over something they don’t have.
Bret isn’t trying to protect anyone but his client.
Something is indeed odd with this whole situation. I cannot see how these people could have been held so long with such large bonds. It appears that due process clause has been thrown out the window. The amount of bail is crazy. The judge is crazy and the prosecutors are nuts IMO. Habeas Corpus? Hello!
I’m really sad and a bit pissed off to see this happen in Texas. Some of these “bikers” may be bad guys or not at all. That does not matter, what matters is that they have rights that apparently have been thrown out the window. Has this been brought to them by the same morons that didn’t have the good sense to simple pull David Koresh over while he was driving to town but instead decided to go to war? Is there something in the water there in Wacko Texas?
> no longer in possession of the hard drives containing the surveillance because Waco police officials took them
Are they scheduled to be accidentally erased yet?
That language isn't any threat, it is notice, common on subpoenas. Stylized legales, "You are commanded to produce .... blah blah blah .... failure to do so can result in contempt and imprisonment." See TEX. R. CIV. P. 176.1, and a few example forms at texas subpoena duces tucem form - Google Search
Would seem to be the only argument needed.
“We don’t have them anymore, the cops took them.”
The argument that providing the video would burden the restaurant’s managers is really stupid. They’re interested in basically at most a couple of hours, with the exact time well known.
Whether they really were or weren't sitting in their vehicles, the clear truth is that they were AMAZINGLY STUPID AND OBTUSE if out of 177 "criminals" they arrested and HARSHLY PUNISHED without due process, fewer than a third had ever before been accused, let alone convicted, of a crime.
On one point I disagree with don-o: I don't think they were "flat-footed" at all. I think they accomplished the mission they were there to perform with calculated deliberation.
Is that applicable during an active investigation? I don’t think so. Once they case is handed over for prosecution the prosecutor’s responsibility is to hand it over not the cops. They may think this attorney wants to interfere in the investigation which may be.
Quite possible. However, if person A and person B are exchanging gunfire, how do you know which person is the perp and which a person legally defending himself? This is often difficult to thrash out in a court of law.
Quite possibly the cops chose to just shoot everybody. But I am really interested in an answer to this question. People just seem to assume it's immediately obvious. Maybe sometimes it is. But I suspect often not.
BTW, in many if not all states you can have both sides guilty of assault with a deadly weapon and attempted murder. There isn't always a "victim" on hand. Sometimes they're all perps.
Not to say that was necessarily the case here.
You said a lot not to have said any thing.
Defendant has the power to subpoena evidence and witnesses too. No harm in asking Don Carlos for it. He may also subpoena witnesses to appear at the examining trial.
Really? Or is all you want is to have somebody else tell you what they think the truth was, and leave you to dispute it at will because "nobody knows what the truth was here"?
If you want the truth, you can GO OUT AND GET IT for yourself just by investing enough hours of reading and effort. I'll condense it for you: The TRUTH is that Civil Servants skipped due process and harshly and severely punished and permanently crippled financially and professionally, nearly 120 law-abiding Americans with ZERO prior criminal history. The TRUTH is that those Civil Servants will ONLY be held accountable and possibly punished many years from now, whereas their victims have ALREADY been punished very, very harshly and will FOREVER have an arrest record reflecting a very serious charge that will follow them and harm their reputations on every job application and background check.
That TRUTH is easily discoverable if YOU do a little due diligence.
If you really want the truth, you will invest the effort and time to get it.
Thank you. I try.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
From link above to Examining trial. Cboldt, do you have a take on this?
“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.”
A la Lois Lerner.
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