Posted on 08/19/2015 5:38:21 AM PDT by eastexsteve
WACO, Texas – An attorney for one of the men charged in the Twin Peaks shootings in May has filed a subpoena to get surveillance video from the Waco restaurant during the shootings, but the city has moved to quash the subpoena.
(Excerpt) Read more at khou.com ...
June 26th
It’s a very curious situation, especially since a number of Texas cop taken video have been released in the interim.
I just discovered this was old news. But, I was unaware that a subpoena had actually been filed. I’ll look to find out if Twin Peaks might have been the one to quash it.
I did see where the 10th Court of Appeals reversed the gag order issued in the case of Matthew Alan Clendennen, of Hewitt, and gave State District Judge Matt Johnson until Aug. 14 to vacate the order, after which the court said it would vacate it. This would open the doors to a lot of the investigation details. Unless, of course, the DA dropped the case against this person.
I’m playing catch-up with some other personal legal issues, and haven’t been able to follow this case like I wished.
If you use the keyword “Waco” in the search box, it’s ALL there. Freeper don-o has done an OUTSTANDING job of keeping us up to date.
The accused have access to the video. The accused and their lawers are under a gag order. The gag order is on it’s second level of appeal, the state lost (gag order was to be lifted), and appealed to the Texas Court of Criminal Appeals. The CCA will have briefs in about three weeks, and will take as long as it wants to issue a decision - there is no deadline or urgency as far as the courts are concerned.
misanthrope said:
If you use the keyword “Waco” in the search box, it’s ALL there. Freeper don-o has done an OUTSTANDING job of keeping us up to date.
*****
I did it. Yes, there is a lot of info here. But, I was particularly looking for some things that point to where the DA was trying to go with this case. The fact that he successfully argued that he had probable cause to hold the English’s over for a Grand Jury, and that Clendennen abandoned his lawsuit, gives me a feeling the DA has an ace up his sleeve that court watchers are overlooking. This, and the fact that they are still combing through the confiscated cell phones gives me a feeling that the DA is planning to go for a big one. An example would be TX Penal Code Sec. 71.02 Engaging In Organized Criminal Activity, and conspiracy to do the same. This would really up the game on the bikers.
Yes, the DA is really fighting to keep the gag order in place. It could be for a umber of reasons. Even though it could show damning behavior by the bikers, it could also show questionable behavior by law enforcement. But, along with everything else I’ve seen, my worthless opinion says there’s more to it. He appears to be buying time for something.
You are assuming that the law is working as designed. It is not. There is a good reason for a court to find probable cause even if none exists in fact.
-- An example would be TX Penal Code Sec. 71.02 Engaging In Organized Criminal Activity, and conspiracy to do the same. --
All of the accused, are accused of exactly that offense.
The state's legal briefs are precise on that point. Doesn't mean the reason given is the real reason, as the accused point out.
-- He appears to be buying time for something. --
Generally speaking, delay works to the advantage of the wrongdoer. The US government hid evidence in wrongful death lawsuits, on the grounds that certain military flights in, IIRC, the 1940's, involved state secret. Turns out, 50 years later, the government was lying, but by then, the wrongful death plaintiffs were themselves dead, and the story was well off the public radar.
Cboldt said:
All of the accused, are accused of exactly that offense.
***
Yes, but the addition of the criminal conspiracy would definitely up the game.
Cboldt said:
Generally speaking, delay works to the advantage of the wrongdoer.
*****
I think in this case though, the DA might buying more time to connect the dots to a bigger picture. And, he still might be trying to get the call records and data from the confiscated cell phones in order.
Arrest is not required to "buy time." It is common for law enforcement to watch a "person of interest" for considerable time, before arresting them. It is also common for evidence to be presented to a grand jury, on a person who is not under arrest. In other words, it is common for indictment to precede arrest.
My statement was that the accused are accused of gang conspiracy, that Texas Code 71.02 that you cited. The accusations state that the named person "as a member of a criminal street gang, committed or conspired to commit murder, capital murder, or aggravated assault"
Your posts don't make it clear whether or not you have any other Texas criminal statute in mind. The statue you cited includes conspiracy, and all the accused stand accused of committing conspiracy under the statute that you cited. Therefore, I'm not sure if "the game has been upped" according to your criteria, or if you were unaware that the accused stand accused of gang conspiracy, and the game is already upped, per your criteria.
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