Prosecutor to Judge: Would you please instruct her to act more professional? Defense lawyer to Judge: Could you please tell him to grow a thicker skin?
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Judge Ralph T. Strother, posing in an English horse hair big wig, described as an “additional opponent” in a defense recusal motion – photo by T. Witherspoon
Waco – Pre-trial courtroom drama heated up in the first of the Twin Peaks cases to go to trial. The dialogue got so hot that the attorney representing the first of the defendants charged in the Twin Peaks massacre vowed to file a motion to recuse the trial judge no later than opening of business today, Tuesday, August 15.
The vituperative rupture of courtroom decorum between prosecution and defense was so severe the judge admonished attorneys to direct all remarks through the bench.
Amid a flurry of subpoenas served upon witnesses and agencies for documents in the defense case for Dallas Bandido Jacob Carrizal, who is scheduled to go to trial on September 11, Judge Ralph T. Strother reportedly did not call to the witness stand any of those summoned by defense attorney Casie Gotro. The judge further allegedly refused to issue capias warrants for the information many of the witnesses failed to produce.
Among witnesses subpoenaed, McLennan County Sheriff Parnell McNamara failed to show up altogether. A defense subpoena also summoned Steven C. McCraw, director of the Texas Department of Public Safety, to answer questions about ballistics testing, especially on the bullet that killed Daniel Boyett, which reportedly does not match those fired by other police rifles.
That motion alleges on behalf of Rolando Reyes that Judge Ralph Strother be disqualified because his bias against the defense is of such a degree that it has resulted, and will continue to result, in Due Process violations.”
Judge Criss has also challenged the method of issuing search warrants for DNA samples.
Those motions have been added to one previously filed by F. Clinton Broden, who represents a former member of the Cossacks support club, Scimitars, Matthew Clendennen, who was arrested at the blood bath gunfight and police raid on May 17, 2015, which claimed the lives of 9 and the wounding of 20 by gunshots.
The Court will hear arguments on the recusal motions on Wednesday, August 16, at 9 a.m.
Carrizal is charged with directing the activities of an criminal enterprise, an offense that carries a minimum of 25 years to 99, and another count of engaging in organized criminal activity that led to capital murder and/or aggravated assault.
A sampling of reader comments gleaned from an early report published in The Waco “Tribune-Herald” expressed much skepticism:
THE COSSACKS AMBUSHED THE BANDIDOS. SELF DEFENSE! Do your hear me Waco? SELF DEFENSE! – Chris Gore
I certainly hope that the 600 folks who are summoned to be vetted for jury duty are intelligent enough to have been truly paying attention to this case, and are aware of how the city and county ‘powers that be’ really work there. – Darlene Kramer
It’s sad when Waco PD, DPS & many undisclosed Cossacks planned the ordeal, & executed it as a cops day of target practice, & now want to play games on innocent victims & their attorneys….It was a meeting to discuss upcoming laws for the motorcycle enthusiast..Geez…Wrong place @ wrong time does not establish a crime amongst motorcyclists or anyone wearing a patch, cut or leather! The ballistics prove the sniper fire was not by any club members but instead by law enforcement…You have to look at the massacre & Waco’s background & ask 1 question: “Is this another Branch Davidian type ordeal that will be swept under the rug again?” I sure hope NOT!!! – James Lovelady
Prosecutors Reyna and Garrett were expecting to be negotiating plea bargains, not actually trying to explain the discrepancies and false accusations of the state’s case in the courtroom . Casie Gotro has the high ground. – Albert Stahl