Posted on 01/27/2016 6:56:57 AM PST by Texas Fossil
They should demand a speedy trial at this point. Of course the judge won’t grant it.
Obviously they need more time to lean on the defendants in order to get some to flip and testify against others.
****************************************************************************
You left out a word...I inserted it (in CAPS) below.
Obviously, they need more time to lean on the defendants in order to get some to flip and FALSELY testify against others.
4 l8r
“possibly they mean “manufactured†in lieu of completed”
Sure, because it’s not like “chain of custody” is an established legal concept, and when it is lacking, evidence is thrown out...
/sarc
Well after the elections...
Yes, and they know Obama will do nothing to correct this abuse of power.
But the real purpose in this is to frustrate the victims of all this crap into accepting a plea bargain and not suing Waco for false arrest as a condition for being released from this nightmare. THAT is the issue. The Pukes in Waco Government are liable for a HUGE class action lawsuit if the truth is ever revealed. It would totally bankrupt Wac(k)o.
Sure, keep delaying it and eventually all parties will have died of natural causes and the taxpayers won’t have to shell out millions upon millions.
When it started out on the South Pole, it’s a bit hard to go any further south.
“If the biker has demanded a speedy trial in his court filings, and has not delayed it himself, the prosecutor has a problem with a one year delay.”
Not really ....
http://c.ymcdn.com/sites/www.sanantoniobar.org/resource/resmgr/imported/SpeedyTrial.pdf
Here, too, the length of the delay is
relevant, but undefined. The United States
Supreme Court has refused to determine
what length of delay constitutes a violation
of the right, finding “no constitutional basis
for holding that the speedy trial right can be
quantified into a specified number of days or
months.” The Court held that the States,
of course, are free to prescribe a reasonable
period consistent with constitutional
standards, but neither the Texas Legislature
nor the Texas courts have prescribed a
specific period. Further, the courts consider
the type of case when evaluating the delay.
Thus, a complex RICO case will be allowed
to drag on for far longer than a simple DWI
case will.
RICO my ass.
“Where would we be without your flights of imagination and unproven allegations ?
RICO my ass.”
Just reading the facts ....
“... if the truth is ever revealed.”
You are referring to how about 200 gangsters conspired to have a shootout at a family plaza?
That is already well known.
The state anticipates at least two more rounds of discovery to be issued and is waiting for testing and analysis of ballistics, including bullet and fragment comparison, by the Bureau of Alcohol, Tobacco, Firearms and Explosives in Walnut Creek, California. The earliest possible completion date for that is in March, the motion says.
Here’s the test for speedy trial.
The Texas Court of Criminal Appeals has
held that a balancing test identical to the one established by the
United States Supreme Court in Barker v. Wingo
is to be used
in determining whether a defendant has been denied his state
constitutional right to a speedy trial.
Under Barker, the court weighs
four factors:
(1) whether delay before trial was uncommonly long;
(2) whether the government or the criminal defendant is more to blame for that delay;
(3) whether, in due course, the defendant
asserted his right to a speedy trial; and
(4) whether the defendant
suffered prejudice as the delay’s result.
Respectfully. You and I have nothing to discuss about the incident.
Our perspective it on totally different levels. I have no desire to swap cheap shots.
Local DA is using the slowness of BATF processing as a hammer to try and get “plea bargains” done. They know they cannot possible prove the vast majority of what they have been charged with.
They have been playing a big scam on “asset forfeiture” as a creative method of financing their operation.
New Fed budget has destroyed that.
Now they face a huge class action lawsuit over how this has been handled. Liability will destroy Wac(k)o. But it will most likely take over 5 years of litigation to settle.
In the meantime, many unfortunate innocent people’s lives are being destroyed. Headshake.
Response to State's Motion to Continue Trial [Clendennen] - January 27, 2016
Thanks for the response.
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