The much-delayed Waco biker trials will be delayed again until defeated McLennan County DA Abel Reyna is out of office:
A judge, who said Friday he has been “troubled by the whole Twin Peaks matter from its inception,” put off the trials of bikers in his court until after the first of the year because he wants the new McLennan County district attorney to review how the remaining Twin Peaks cases will be handled.
Judge Ralph Strother, the morning after conducing a daylong pretrial hearing in Twin Peaks defendant Tom Modesto Mendez’s first-degree felony riot case, decided on his own to postpone Mendez’s trial, which was set to start Sept. 10.
Strother denied a motion Thursday by Mendez’s attorney to throw out the indictment after prosecutors agreed to amend language in the riot indictment that more closely tracks wording in the statute.
Both sides have been preparing for weeks for the Mendez case, and each side had scheduled witnesses, some from out of state, to be ready to go Sept. 10.
The sexual assault trial of former Baylor University football player Shawn Oakman had been set for Sept. 10 as a backup to the Mendez case, but it, too, was pushed back Friday. Strother granted the delay in that case, which Oakman’s attorney requested a few hours after Mendez’s delay, saying a character witness who is out of state cannot be subpoenaed in time for Sept. 10.
It was Strother, even more than Mendez’s attorney, Jaime Peña, who questioned prosecutors Thursday about the riot indictment and expressed concerns that they, in effect, had turned what normally is a Class B misdemeanor into a crime that possibly subjects the defendants to life in prison.
And remember that all this is after most of the original, overbroad charges against various bikers present at the Twin Peaks shootout were dismissed.
Snip.
“I think a fresh set of eyes re-evaluating how the state is pursuing these cases is warranted,” Peña said. “That is essentially what the judge is saying. He wants to push it into the new year and let the new DA look at this.”
Barry Johnson beat incumbent DA Abel Reyna by 20 percentage points in the March Republican primary and will run unopposed in November. Johnson, who takes office in January, said during the campaign that one of the first things he will do is assemble a team to review the remaining Twin Peaks cases.
Reyna has not attended any of the numerous hearings involving Twin Peaks defendants since he lost the primary.
The judge’s position is reasonable, but if I were a resident of McLennan County, I would be pissed not only that Reyna so badly screwed up prosecution with his unconstitutional “collective guilt” approach, but that he can’t even be arsed to do his damn job since voters handed him his walking papers…