Jacob Carrizal, the Dallas chapter president of the Bandidos Motorcycle Club, is the first biker that is scheduled for trial in the Twin Peaks Biker Shootout.
Carrizal’s trial was scheduled for September 11, however, Houston criminal defense attorney, Casie Gotro has stated she may file a motion for continuance to delay the trial and/or a motion to recuse Judge Strother from the trial which would also result in a delay. Gotro has made clear that she feels Judge Strother has shown biased against her client. Last week a hearing was held on this same issue but no rulings to date have been made.
Attorney Gotro has argued numerous times before the court that there remains pending evidence that has not been provided by the prosecutor’s office. That not only hints at prosecutorial misconduct, but it could also be a tactic to prepare Carrizal for an appeal. If Gotro files a motion for continuance which is denied and evidence continues to be provided at the last second or not at all, then her client can file an appeal for “ineffective assistance of counsel.”
If that happens, Carrizal would not only get a second trial, but a second bite at the apple, meaning, the prosecutor’s hand has already been revealed. It is definitely much easier to win a trial for a defense attorney the second time around since they know everything in advance and could prepare for it accordingly.
For now, the date of impaneling the jury has been delayed which was originally scheduled for September first. A six hundred member jury pool from the small town of Waco, Texas is to be questioned. A questionaire will be completed by potential jurors which is common for cases similar to this one.
The missing evidence Carrizal’s defense attorney claims is based on one bullet that ballistic testing has not been tied to another rifle. Click here for my blog on the missing shooter/rifle.