Waco – An audio recording attached to a motion to discover the extent of evidence withheld in a Twin Peaks case makes it clear that the Attorney General’s liaison to the McLennan DA’s Office thinks the state’s case is seriously skewed.
According to the motion by Burton George Bergman, Assistant Attorney General Christopher Lindsey told defense counsel Casie Gotro:
•The McLennan County District Attorney’s Office is engaging in “double dealing” and “hiding things” in relation to the Twin Peaks’ discovery.
•The McLennan County District Attorney’s Office “are not assuming their responsibilities” in relation to the Twin Peaks’ discovery.
•When all of the facts come to light “Abel is going to start pointing his finger at Michael.” (Jarrett)
•The Twin Peaks’ cases will “crater.”
•A Texas Ranger thought that certain information was discoverable to the Twin Peaks’ defendants and “got into a little bit of an argument” with McL ennan District Attorney Abelino Reyna over Reyna’s claim that it was not discoverable.
Lindsey commented that the argument between Reyna and the Ranger showed how “delusional Reyna really is”
•He (Lindsey) told the Ranger that he needed “to stop talking to Abel” and he needed “to stop talking to Jarrett” because”they are not on our side.
•He (Lindsey), referring to the McLennan County District Attorney, asks the rhetorical question, “you can’t trust your local prosecutor?” He then answers himself, “not in this case. Not even a little bit.”
•Reyna told them to “hang onto evidence” that a Texas Ranger fully believed was covered by a judge’s Twin Peaks’ discovery order.
In the motion, Dallas attorney F. Clinton Broden writes “the Attorney General’s Office clearly appears to believe that the McLennan County District Attorney’s Office is “not assuming their responsibilities” as to discovery of evidence and “hiding things.” The DA’s office cannot be trusted.
In a classic example of understatement, the motion goes on to say, “Keep in mind that these are not allegations by the defense. These are allegations by the attorney representing the Texas Atorney Genral’s Office. As noted above, it is difficult for Mr. Bergman to know what he does not have.
In a footnote, the motion notes, “It is unknown whether Lindsey has fulfilled his ethical obligation by reporting his observations of Reyna’s actions to the State Bar of Texas…”
Failure to do so would “itself be an ethical violation,” according to the footnote.