WACO – It’s true, the Waco criminal courts are – like – semi-tough.
But there’s nothing like a criminal Lawyer with his dander up and ready to go mano a mano with the home team.
What has emerged here, amidst the storm and drain of the righteous and the holy vs. the two-wheeled, leather-clad peril, is a bunch of lawyers suddenly growing spines of steel, acquiring a gleam of flint in their eyes, putting acid in their pens, and making it burn on in when they lay down the legal be-bop.
The prosecutors and the judges, philistines to the core, jaded world-weary bureaucrats of the plea deal, have meddled with the primal forces of the black and white statutes. Never mind the stuff between the lines, the back beat, the harmony – and all that jazz.
They put out the misinformation that the trial lawyers can’t talk to the public – oh, yeah? Says who?
These dudes and dudettes have been at pains to draft legal instruments, tons of paperwork signed, file-marked and certified as served on all parties affected.
As such, that’s as public as the daily news, and there is nothing some tyrant on a bench can do about it. The Texas Constitution says those records belong to we the people, and when they file them, they can broadcast them far and wide by any means necessary to get the message across.
There are no gag orders that apply. A judge may seal a pleading, but he will have to show cause as to why he made the ruling. You’re talking about documents that were written for you and me, and it’s working. An entire nation is learning law simply because some funny little cat decided to lock a bunch of folks up for drinking a beer, or trying to, on a Sunday at a political meeting at this goofy theme tavern dedicated to a campy movie about the mysterious ritual blood sacrifice of a virginal young lady, located by the freeway in – Waco?
Yeah, it be that way. It gets better. The Justice of the Peace, a retired Highway Patrolman, decided to set their bail at $1 million to “send a message.” Okay, hoss, roger and receipt that – five by five.
Y’all be outlaws, and y’all outlaws don’t be attending no political meetings in the guise of scooter trash on a Sunday go to meeting afternoon in no Jerusalem-On-The Brazos, y’hear?
Get a load of this. Comes Monday last and the prosecutors strolled into the 19th Criminal District Court with some paperwork seeking a continuance. They wanted to go back to an original date in February for a hearing on whether to disqualify the elected District Attorney, Abel Reyna. Hadn’t had nearly enough time to prepared – and, like – whatever.
Motion denied, they flipped out “within seconds” another one called let’s get the judge recused – right here, right now.
Say what? In the parlance of the deck apes of the Seventh Fleet of 50 years ago, that would have qualified for the rejoinder, “You ain’t said shit, hand…”
Judge Ralph T. Strother has been recused for cause three times by one visiting judge, once by another, and recused himself. He said no way was he going to do that.
The fireball lady lawyer from the Domed City, Casie Gotro, who got him recused in the first jury trial of the Twin Peaks saga of Dallas Bandidos President Jake Carrizal, actually wrote a memo to the world, saying, like, she couldn’t believe after all that hassle, the lead prosecutor Michael Jarrett now has reversed his posture on this. All the girl needed was a picture hat, a parasol in one hand, and a horsewhip in the other, and she would have been ready for her close-up.
But when the sting really set in, it was a young lawyer from Cow-town who got his J.D. in San Antonio, and still practices primarily in landlord-tenant disputes, who slung the ink up against the wall, and damn near did everything else but haul off and slap the judge upside his hard head.
The defense bar has sent that same message now for nearly three years, but it’s really beginning to resound now that those wonderful folks who brought you the bloody parking lot pictures, the fear and loathing at the crossroads of Highway 6 and I-35, and the brutal stories of the L-shaped ambush that turned into a blood bath have decided to hold their horses until after the elections. This way, our man won’t have to bear the burdens of his massive foul-up alone. The taxpayers will have to help out, or so the talk in bars, barbershops, beer joints, billiard parlors and biker hangouts goes.
These guys will probably go down in history as a community that stimulated generations to come to learn more about first, fourth, fifth, sixth and eighth amendment rights than any others in the history of the republic.
Lawyer Beyer says it best:
They are attempting to use the rules regarding the 6th Amendment’s right to a fair trial in a way they were not meant to be used. These rules are to protect the public from the bad actions of elected officials, not to protect the State from their own bad actions. They continue to fight to avoid having to state on record, the truth about matters we are trying to bring to light.
Sixth Amendment, oh, yeah, affords the accused the right to know the witnesses against him, to confront them, and have compulsory means to discover their names and numbers.
In the cases of Billy McRee and Jorge Salinas, Mrs. Beyer and Brian Bouffard had intended to question witnesses who have furnished information to the FBI about the actions – the highly illegal actions – of the prosecution in withholding evidence, dismissing cases of political favorites, losing major weight in narcotics in the shuffle, and aggravated perjury.
No dice. We have to wait until a visiting judge holds a hearing to see if Strother should be recused – again. Is he in on the gag?
Who cares? It’s Waco. There’s an election coming. Now comes, Twin Peaks viewed as a snipe hunt. Stay tuned, if you want to find out who’s left holding the bag…
So, when the prosecution didn’t get their continuance, “within seconds,” wrote Lawyer Beyer, lead prosecutor Jarrett moved the Court to protect the defendants, to make sure they got a fair trial.
He said the Judge is under a “cloud.”
“Apparently, in those few seconds, Judge Strother went from Learned Hand to a judge tainted by a ‘cloud.’”
Why did he wait until exactly that moment?
The coverage of the Twin Peaks prosecutions has turned into an open seminar on the art of jury selection and the pre-trial preparation through pleadings that actually influence what jurors will hear, and how they will be instructed to make their findings based on facts as interpreted by the Court.
It’s going to be a humdinger in the annals of criminal jurisprudence.
Let’s let Mr. Beyer explain in his motion. It’s a classic; we’re getting it for free, simply because we’re in Texas, and that’s how we do it, here:
Breyers Waco Motion
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