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"I am spending all of my hours shopping bookstore to bookstore for the Book of Waco," Looney said, "because the criminal procedures being followed in Waco are not in any of the $400,000 worth of books I have in my law library."
"Any time a prosecutor's office or a politician does not want people talking about something, one should raise a red flag and insist we talk about it," said Patrick Metze, a Texas Tech University School of Law professor. "They may say it is to protect the investigation, but they are protecting themselves from whatever it is that they don't want us to see or know about."
Laurie Levenson, a former federal prosecutor who is a professor at Loyola Law School, in California, said that determining what happened at Twin Peaks is especially complicated because of the bulk of forensic, visual and other evidence as well as eyewitness accounts.
She also said that prosecutors will not try and convict everyone charged.
"Some of the people targeted as defendants will undoubtedly become witnesses," she said.
"The goal is to put enough pressure on people to cooperate and go after the key players," she continued. "They basically want everyone to feel the squeeze, so that they would rather cooperate than face trial."
...
"When you combine an extreme level of talent with an extreme level of moral crusade, you can get dangerous outcome, and that is what happened here," English's Houston lawyer, Paul Looney, said of the assistant district attorney spearheading the prosecutions.
At a recent round of hearings here, a judge declined to throw out charges against a Brenham bank teller, Morgan English. She has no criminal record, and authorities conceded at the hearing that they didn't know of any witnesses who saw her take part in the melee.
Charles Rose, a professor at Stetson Law School, in Florida, said the Twin Peaks case is illuminating the warts of a system that has to strike a balance when deciding who to charge.
Prosecutors appear to be stretching for the maximum of what they can do under the law, he said, to make things as painful as possible for the bikers.
"If you are a district attorney who is elected, and you have this shoot-out in your jurisdiction,"he said, "you cannot be perceived by the electorate as not dealing with the problem as strongly and appropriately as possible."
Based on information supplied by various sources who believe their lives, careers and pensions are in actual danger and who have spoken with The Aging Rebel under conditions of either “off the record” or “deep background,” this page will continue to report that the Twin Peaks Massacre was the result of a contrived and avoidable confrontation between members of the Cossacks Motorcycle Club and the Bandidos Motorcycle Club. The Aging Rebel believes that the confrontation was engineered by and anticipated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Texas Department of Public Safety and a Waco area law enforcement agency that was not the Waco Police Department. The Aging Rebel also believes that these police agencies, and possibly the Waco Police Department, began physically preparing for an armed confrontation to include the use of deadly force in the Twin Peaks restaurant parking lot at or before dawn on May 17. And finally, this page believes the Massacre was captured in its entirety by at least 44 video cameras.
Are there criminal elements within the culture of those who ride?
"I don't know of any defense lawyer who hasn't looked at the facts of this case and gasped," said Grant Scheiner, a criminal defense attorney in Houston not connected to the bikers' case.
Some 177 people were arrested and remained in custody until their bonds were reduced. Defense attorneys have been critical of how the cases have been processed, accusing District Attorney Abel Reyna of writing "fill-in-the-blank" arrest affidavits. A police officer testified a justice of the peace approved the affidavits without making any individual determination of probable cause.
Although police and the district attorney described last spring everyone who was taken into custody as criminals, an Associated Press review of a Texas Department of Public Safety database found no convictions listed under the names and birthdates of more than two-thirds of those arrested.
It's a city where a district judge and district attorney are former law partners, the mayor is the son of a former mayor, the sheriff comes from a long line of lawmen and Waco pioneers and the sheriff's brother is the district attorney's chief investigator.
Justifying the mass arrests, Sheriff Parnell McNamara said, "A message was sent to the whole country that we will not tolerate this type of disorder in our community."
McNamara describes the county's criminal justice system as a close-knit Christian "posse" of Baylor University graduates committed to "putting away as many hard-core criminals as possible."
That kind of mentality led the county's former district attorney, John Segrest, to compare the McLennan County criminal justice system to a "bubble, a separate realm. When you're a member of the system, you tend to think that most everything revolves around anything that you do. You get an unrealistic view of the world from inside."
...
Sheriff McNamara, the descendent of one of Waco's early settlers, was formerly a U.S. marshal who participated in the Branch Davidian siege in which federal agents tried to arrest cult leader David Koresh for stockpiling weapons at a ranch outside town. The confrontation led to a 51-day standoff that ended when the complex caught fire, killing Koresh and nearly 80 followers.
The international attention brought by the tragedy left Waco residents wary of outside law enforcement, and they say they'll handle the biker shootout themselves.