Assuming Motorcycle Clubs = Criminal Street Gangs

Assuming Motorcycle Clubs = Criminal Street Gangs

• To prove membership in a criminal street gang, the prosecution must show:

• three or more persons

• who have a common identifying sign or symbol or identifiable leadership

• who continuously or regularly associate in the commission of criminal activities.

• Associated Press found at least 115 of the 170 had no criminal records.

Assuming Identifiable Signs or Symbols = Criminal Street Gang• To prove membership in a criminal street gang, the

prosecution must show:

• three or more persons

• who have a common identifying sign or symbol or identifiable leadership

• who continuously or regularly associate in the commission of criminal activities.

• The prosecution needs more than leadership and identifying signs.

Assuming Identifiable Signs or Symbols = Criminal Street Gang• The Complaint lacks specific allegations of criminal

activity documented and attributed to either “criminal street gang.”

Disregarding the Presumption of Innocence

• A person is presumed to be innocent until he is found by a judge or jury to be guilty by proof beyond a reasonable doubt.

• An arrest occurs at a much lower standard: probable cause.

• Contrast the legal standard to Sgt. W. Patrick Swanton’s statement "If you were innocent, or we thought you were innocent, you were one of those that did not get arrested.” Source: U.S. News & World Report

Disregarding the Presumption of Innocence

• Contrast the legal standard for arrest to Sgt. W. Patrick Swanton’s statement, implying that only the guilty were arrested, "If you were innocent, or we thought you were innocent, you were one of those that did not get arrested.” Source: U.S. News & World Report

Bonds are not tools to “send a message.”

• Texas Rules for Setting a Bond (CCP 17.15)

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.

2. The power to require bail is not to be so used as to make it an instrument of oppression.

3. The nature of the offense and the circumstances under which it was committed are to be considered.

4. The ability to make bail is to be regarded, and proof may be taken upon this point.

5. The future safety of a victim of the alleged offense and the community shall be considered.

• McLennan County Justice of the Peace W.H. Peterson told the Temple Daily Telegram that he wanted to send a message when he imposed the $1 million bail for each person arrested Sunday.

• Bonds are not meant to be instruments of oppression or a tool to send a message.

Fundamental Flaws in the Waco Prosecution

of 174 Bikers

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