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Mark Twain once wrote that “A lie can travel half way around the world while the truth is putting on its shoes.”

That is precisely the issue in Waco. Within hours of the shootings, Sgt. Swanton could barely conceal his glee in announcing that the Texas bikers didn’t come to Twin Peaks to eat Bar-B-Que and have a cold drink. Oh, no sirree Buffalo Bob. We haven’t seen the good Sgt. Patrick in a good while, have we? All speculation, but could it be that he let on maybe a little bit too much in terms of how sausage is made when he added during an early presser: “At least some of the bikers involved were shot by police.” Feel safer yet, Murica?

Some day, we WILL look at this event and say to ourselves, “Justice was finally served.” Unfortunately, that day is not today. In a tired and rather sickening game of narrative keep-away, Judge Matt Johnson of the 54th District Court, McLennan County Texas today allowed that yes, the Twin Peaks video may be released to Defendant and his legal counsel, but also issued a “gag order” forbidding them to speak to anyone else about it. To find a basis for this ruling, Judge Johnson said he didn’t want the jury pool to be tainted. Tainted? Hell judge it’s been poisoned and napalmed by the quickly unravelling and flexible narrative of the WPD.

What is “Discovery?”

Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, obtains evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, video, request for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. (1)

Art. 39.14 of the Code of Criminal Procedure of Texas has regulated discovery in criminal cases.

Under Subsection h:

The state shall disclose to the defendant any exculpatory, impeaching, or mitigating document, item, or information in the possession, custody, or control of the State that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged.

Further, each prosecutor is charged under Texas Code of Criminal Procedure art. 2.01 “not to convict, but to see that justice is done.” What you rarely hear quoted is the next sentence: “They shall not suppress evidence or secrete witnesses capable of establishing the innocence of the accused.”  This DUTY to seek justice rather than convictions includes setting the innocent free—and it has been this way for decades.

Unless the fix is hopelessly in (and that’s a real possibility) the next step is a Writ of Mandamus. Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, or public authority—to do some specific act which that body is obliged under law to do —and for whatever reason that entity is refusing. (2)

Here’s an example: https://lintvkxan.files.wordpress.com/2015/05/2015_05_28_15_42_01.pdf

The sooner the legal theater for this mess gets out of Waco & McLennan County, the better. Because, well “jury pool.”

(1)  http://dictionary.law.com/default.aspx?selected=530

(2)  http://dictionary.law.com/Default.aspx?selected=1203

Hundreds of bikers from around Texas rally for motorcycle rights at the Texas Confederation of Clubs and Independents Legislative Day at the Capitol on Monday January 26, 2015.  The bikers paraded from the Austin American-Statesman to the Capitol for a rally on the south steps before going inside to talk to their representatives.  JAY JANNER / AMERICAN-STATESMAN

Hundreds of bikers from around Texas rally for motorcycle rights at the Texas Confederation of Clubs and Independents Legislative Day at the Capitol on Monday January 26, 2015. The bikers paraded from the Austin American-Statesman to the Capitol for a rally on the south steps before going inside to talk to their representatives. H/T to JAY JANNER / AMERICAN-STATESMAN

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