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Hmmm...
_________


Austin lawyer files petition to release all Waco bikers


An Austin attorney is seeking the release of all bikers arrested after the Waco shooting.
Austin attorney Keith S. Hampton filed the petition with the Texas Court of Criminal Appeals.
Hampton wants judges outside McLennan County to help with bond hearings for the bikers.
More than 170 bikers were arrested after the May 1 shooting that killed nine.
An Austin attorney on Thursday filed a petition asking the Texas Court of Criminal Appeals to intervene in the release of more than 100 bikers who have remained incarcerated since the deadly May 17 shooting in Waco that killed nine.

Austin attorney Keith S. Hampton is asking the court to order the district judge who presides over the Waco region to start arranging bond hearings for the bikers in McLennan County Jail on $1 million bails.

To help with the large number of suspects, the bond hearings would be conducted by judges outside McLennan County.

“If the county gets deluged with arrests it has a duty to assign judges to handle the backlog and is supposed to do it without delay,” Hampton said.

If the petition is granted, retired Williamson County state District Judge Billy Ray Stubblefield, who still presides over the 3rd Administrative Judicial District, would have to oversee and appoint judges from the 26-county region that includes Travis and McLennan counties to conduct bail hearings.

The release of bikers has been moving slowly, but sped up in the past week as motions and lawsuits against McLennan County have rolled in from lawyers across the state seeking the quick release of their clients.

After the shooting that started at the parking lot of a Twin Peaks restaurant, Waco police filed blanket charges of engaging in organized crime — a first-degree felony — against more than 170 bikers. The $1 million bails have prevented most of them from being released. In total, 47 bikers have been released, according to the Waco Tribune-Herald.

Hampton hasn’t been hired by any of the bikers. He decided to file as a petitioner to jump-start bond hearings after seeing reports of the slow-moving process, he said.

Also Thursday, a visiting judge denied a request from Austin attorneys George Lobb and Adam Reposa to recuse McLennan County district judges from all cases related to the shootout, which authorities believe was a result of a biker gang turf war.


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an attorney does NOT do anything for nothinh !!! just saying.

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"After the shooting that started at the parking lot of a Twin Peaks restaurant, Waco police filed blanket charges of engaging in organized crime — a first-degree felony — against more than 170 bikers. The $1 million bails have prevented most of them from being released".

I'm no fan of bikers in general, but this was a B.S. way of dealing with the situation. Filing charges they have no intention of trying to prove is just Judicial arrogance.


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Texas isn't very forgiving of gangs. If a person is a member of an organization, and the State can prove that the organization (not just an individual)engages in criminal activity, every member is guilty of every crime committed by the organization. That's why so many search warrants were executed to discover evidence of organizational affiliation.


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If the State of Texas, with all its resources haven't been able to bring down the Bandidos, I doubt the Waco Police Dep't is gonna get very far.

This Att'y obviously thinks there is some money to be made contesting the State.


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The Waco PD is just making a nice, big book for the FBI to sponsor at the US Attorney's Office. Probable cause for every one of these arrests was presented to the District Attorney's office within 72 hours of the arrests. The case information is not being released because most of those arrested are giving statements on each other and aren't smart enough to know they're telling on themselves.

As far as the attorney is concerned, I don't know. My first instinct is to believe he's either desperate or doesn't want to tell the media who's paying him.


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But, won't indictments be on each individual, and won't the G.J. have to consider each indictment separately?

And everybody is held pursuant to a million dollar bond while that process is unfolding?

I think the "benevolent attorney" has a point.


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I think he does too, but the key word here is "reasonable", and I'm not sure who is going to decide what is reasonable in an unprecedented clusterbang like this. Each individuals case will be presented to the grand jury, but all they will have to show is that they were actually a member of the organization that committed a crime and that the crime actually occurred. About 30% of them have been released on much lessor bonds as their participation becomes clear.


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So....... cop out in exchange for bond reduction?


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If Waco PD is being so damn nice why are they withholding so much information?

Quote
Waco police seeking to bar information about Texas biker shooting


As questions remain unanswered about last month’s deadly biker rampage in Waco, Texas, police there are trying to clamp down on public information about the case.

The move comes as scrutiny intensifies over the Waco Police Department’s handling of the sensational shootout that killed nine bikers, injured 18 and saw an unprecedented 175 people arrested and charged with engaging in organized crime.

By law, crime and arrest reports containing basic data — information such as a detailed description of the offense and the name and a description of the victim — have to be provided.

While some details about the dead, including identities, have trickled out, officials have been slow to provide information through documented reports as required by the Texas Public Records Act.

Documents that have been released to Yahoo News appear to be haphazardously redacted. Even though required by law, the names of arresting officers are omitted. But the identities, addresses and other contact information of suspects' next of kin are prevalent.

The melee unfolded during the lunch hour, as hundreds of bikers descended on the Twin Peaks restaurant for a regional motorcycle club meeting.

Still unknown is where each victim was killed and by whom. Police officers have acknowledged firing on armed bikers, but it is not clear how many of the dead were shot by gang members and how many were shot by officers.

Yahoo News submitted a written request on May 19 for reports related to the nine people who were shot and killed at the Twin Peaks restaurant.

On Wednesday, the Waco city attorney’s office asked the Texas attorney general for permission to withhold the records ] from Yahoo News and other media outlets that have made similar requests.




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Originally Posted by curdog4570
So....... cop out in exchange for bond reduction?


No, bond reductions for those who's release doesn't present flight risk or less risk of continued criminal activity.


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Originally Posted by 700LH
If Waco PD is being so damn nice why are they withholding so much information?

Quote
Waco police seeking to bar information about Texas biker shooting


As questions remain unanswered about last month’s deadly biker rampage in Waco, Texas, police there are trying to clamp down on public information about the case.

The move comes as scrutiny intensifies over the Waco Police Department’s handling of the sensational shootout that killed nine bikers, injured 18 and saw an unprecedented 175 people arrested and charged with engaging in organized crime.

By law, crime and arrest reports containing basic data — information such as a detailed description of the offense and the name and a description of the victim — have to be provided.

While some details about the dead, including identities, have trickled out, officials have been slow to provide information through documented reports as required by the Texas Public Records Act.

Documents that have been released to Yahoo News appear to be haphazardously redacted. Even though required by law, the names of arresting officers are omitted. But the identities, addresses and other contact information of suspects' next of kin are prevalent.

The melee unfolded during the lunch hour, as hundreds of bikers descended on the Twin Peaks restaurant for a regional motorcycle club meeting.

Still unknown is where each victim was killed and by whom. Police officers have acknowledged firing on armed bikers, but it is not clear how many of the dead were shot by gang members and how many were shot by officers.

Yahoo News submitted a written request on May 19 for reports related to the nine people who were shot and killed at the Twin Peaks restaurant.

On Wednesday, the Waco city attorney’s office asked the Texas attorney general for permission to withhold the records from Yahoo News and other media outlets that have made similar requests.





Who said anybody's being nice? To release information before all evidence is collected would be unethical.


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Originally Posted by ltppowell
The Waco PD is just making a nice, big book for the FBI to sponsor at the US Attorney's Office. Probable cause for every one of these arrests was presented to the District Attorney's office within 72 hours of the arrests. The case information is not being released because most of those arrested are giving statements on each other and aren't smart enough to know they're telling on themselves.

As far as the attorney is concerned, I don't know. My first instinct is to believe he's either desperate or doesn't want to tell the media who's paying him.


Good analysis. My thoughts pretty much line up with yours, Pat.


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" To release information before all evidence is collected would be unethical."

Then why do they have to get permission from the State A.G. to withhold it if the Open Records Act allows them to wait until all the evidence is collected?


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Quote
Who said anybody's being nice? To release information before all evidence is collected would be unethical.


Yes!
History has shown how ethical Waco is when it comes to shooting folks.
Everything IS going to be above board and out in the open, no doubt.

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Originally Posted by curdog4570
" To release information before all evidence is collected would be unethical."

Then why do they have to get permission from the State A.G. to withhold it if the Open Records Act allows them to wait until all the evidence is collected?


They don't have to. They will though, just to get the press off their backs.


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Originally Posted by 700LH
Quote
Who said anybody's being nice? To release information before all evidence is collected would be unethical.


Yes!
History has shown how ethical Waco is when it comes to shooting folks.
Everything IS going to be above board and out in the open, no doubt.


Even if you voted for Bill Clinton, Texas did not.


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There were so many Feds at the Koresh dwelling that I doubt the Waco PD coulda got in even if they had jurisdiction, which they didn't.

If Waco was all that bad, Billy Joe Shaver wouldn't live there.


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