Opening statements yesterday 12/16/19, mistrial today 12/17/19. Mistakes by the Judge and prosecution had taken its toll on the Milam County Courthouse proceedings. In a surprising move the prosecution made a motion for a mistrial and got it from the Judge, the jury was witnesses to it all.
It seems there is a conflict in the concealed carry Penal Code (not surprising). So now they'll run down to Austin to resolve the conflicting laws. On one hand a member of a criminal street gang cannot carry a firearm while driving a motor vehicle; however in a conflicting subsection, the law does allow a person who is not disallowed to carry a handgun. Of course us in the know, know that Motorcycle Clubs are not street gangs.
At this point do we dare wonder how this confused law is handled? One thing for sure it should not be done by the DPS and a colluding court, even if it is in Austin.
Good for Patrick! A Biker and Club Member who stood up because he knew he had done nothing wrong and in the process stood up for all Bikers / Club Members who are and may in the future face the same type dilemma.
Court Room Drama
Then there was this video the prosecutor wanted to show the jury. 5 min of a 30 minute video it was. The missing footage had been redacted. Patrick's lawyer Kurt Glass objected lets see it all and the battle was on. Turns out the Doe Boy DA wanted his 5 min version at all cost. There was something he didn't want the jury to see, let your mind run wild mine did. We've seen enough to know in trials against Club Members if the prosecution thinks they are losing ground, they'll request a mistrial, drop charges, try and make a bargain. It's nothing more than living to fight another day.
The State had everything stacked in their favor according to all the pretrial and suppression hearings. It was really hard to figure out what Patrick's defense might be as the state got everything they wanted and more. Looks like in this case the DA didn't bring their A game, matter of fact they don't have an A game. What they have is laws that make the innocent guilty, lies, innuendos, hearsay, character assignation, courtroom collusion that the public is more aware of than ever.
The Creme de la Creme was when Judge Young told the jury the 1st & 2nd amendment didn't apply to Patrick, a man that has spent the better part of his life defending the Constitution from those who would attack it, foreign or domestic. That's 24 years in the US Army.
Patrick's lawyer was running circles around the DA. bringing up CHL's / LTC's, the Bill Of Rights like freedom of association. Mr Glass knows his stuff and knows the Gun Laws better than the Prosecution in our view.
Every Gun Owner in Texas should be aware of the deep state in Texas. Plotting Planning to destroy our Constitutional Rights. It's there for everyone to see, freedom of speech, association, the right to face your accuser are sidetracked by unscrupulous laws and trickery.
Now is the time to unite Constitutional and 2nd Amendment advocates...
There's one thing for sure, well be ready for round two if they decide to go there...
As Reported by KCEN TV
"What we have to appeal is whether or not Mr. Vaden and his license to carry are able to be mentioned in front of the jury," Glass said.
Glass said the prosecution filed a motion last week requesting that Patrick's license to carry, which was valid at the time of the arrest, was not to be admitted into evidence. He said Young agreed with prosecutors on Monday, but he had to risk bringing the LTC up in court regardless in order to lay the groundwork for a possible appeal after the case. He hopes it won't come to that.
"Depends upon what the court of appeals does," Glass said. "The court of appeals has the option to send the case back down with no decision, or they can tell the judge, 'Hey, you have to follow the law and allow Patrick to tell the jury he was allowed to carry a weapon.'"
Court documents state that Patrick was stopped by Department of Public Safety Trooper Michael Tice in Nov. 2018. According to a court transcript, Tice said he checked Patrick's driver's license and then confirmed Patrick was a gang member in the Texas Gang Intelligence Index. DPS later told 6 News the TxGANG database records are not to be used to independently confirm gang affiliation.
"If law enforcement performs a wanted persons check and the person being searched has been entered in TXGANG, the return will indicate that the person is a possible gang member. There is no message that states the person is “registered and confirmed as a gang member,” The Texas Department of Public Safety said in an emailed response.