Fundamental Flaws in the Prosecution of 174 bikers in Waco.

2. Assuming Motorcycle Clubs
= Criminal Street Gangs

3. 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.

4. 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.

5. Assuming Identifiable Signs or
Symbols = Criminal Street Gang
• The Complaint lacks specific allegations of criminal
activity documented and attributed to either “criminal
street gang.”

6. 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

7. 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

8. 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.

9. Fundamental Flaws in the
Waco Prosecution
of 174 Bikers
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