Twin Peaks biker seeks dismissal of case for speedy trial violation

[Elderberry]

Waco Trib by Tommy Witherspoon 9/8/2017

While matters remain murky in 19th State District Court about whether the first Twin Peaks trial will unfold Tuesday as scheduled, officials in another McLennan County felony court are gearing up for a Twin Peaks trial in October.

Judge Ralph Strother of Waco’s 19th State District Court has been recused in three Twin Peaks cases and has a hearing set for Monday to see if Christopher Jacob Carrizal can remove him from hearing his case, also.

Carrizal, 36, president of the Dallas Bandidos chapter, is set to stand trial Tuesday. However, questions remain about his case with the recusal motion pending and his attorney, Casie Gotro, of Houston, continuing to assert she can’t be ready for trial until state prosecutors give her all evidence she is entitled to.

Meanwhile, in 54th State District Court, Judge Matt Johnson has scheduled a hearing Friday to consider pretrial motions from Matthew Alan Clendennen, a former member of the Scimitars group from Hewitt whose trial is set for Oct. 9.

Strother and Johnson have split the cases of the 155 indicted bikers between their courts and have plans to alternate trying one biker case each month.

Dallas attorney Clint Broden, who represents Clendennen, has filed a variety of motions, including one Friday to dismiss the charges against Clendennen “for violation of right to a speedy trial.”

The motion contends Clendennen filed a speedy trial demand Nov. 12, 2015, two days after he was indicted. On Jan. 27, 2016, he “vigorously opposed” the state’s first motion for continuance and renewed his speedy trial demand, the motion states.

“The state filed its first motion for continuance indicating that, despite presenting the case to the grand jury, it was nowhere near ready for trial. … Every defendant is guaranteed the right to a speedy trial by the Sixth Amendment of the U.S. Constitution and Article 1, Section 10 of the Texas Constitution. If the constitutional right to a speedy trial has been denied, the only possible remedy is dismissal of the prosecution,” the motion states, citing a U.S. Supreme Court case.

More: http://www.wacotrib.com/news/courts_and_trials/twin-peaks-biker-seeks-dismissal-of-case-for-speedy-trial/article_0651446f-a4ab-5575-b168-2c22d6a27ae6.html

[roamer_1]

The speedy trial thing is legit.
Suppose, for giggles, that you were hungry, stopped in at a burger joint, and while you were there all kinds of hell went down... You, being associated (rightly or wrongly) with others making trouble you had no business in, get swept up in the bust, and get to spend TWO YEARS waiting to get a trial - Maybe even spending the entire time, or most of it, in jail.

Your job is gone, your family is hurting, your whole life is upside down.
Two years.
It's crazy.

[Smokin Joe]

@Salamander ping.....