An attorney for a biker arrested in the May 17 Twin Peaks shootout complained that the McLennan County District Attorney’s Office keeps postponing an examining trial because it has no case against his client and charged that a prosecutor lied to him.
Conrad Beyer, a San Antonio attorney representing Bill Jason McRee, twice has scheduled examining trials in Waco’s 19th State District Court and both hearings have been postponed, including one set for Friday.
While a prosecutor and judge say Beyer agreed to the second postponement, Beyer filed an objection Friday alleging Assistant District Attorney Amanda Dillon misled him about resetting the examining trial on Friday and failed to file a written motion asking for a continuance.
“They are trying to move it back and back and back and try to push the case to a grand jury and are trying to keep from having to put together a case they don’t have,” Beyer said.
After the second continuance, which Judge Ralph Strother said Beyer agreed to Thursday in a telephone conference with Dillon, Strother set McRee’s examining trial for Aug. 28.
Beyer said Friday he has waited long enough. He removed the request for an examining trial from 19th State District Court and filed it in Waco Municipal Court. No date has been set for that examining trial, which gives defendants a forum to question whether there is sufficient probable cause to support their arrests and a chance to get an early view of the state’s evidence.
“I want it out of an elected official’s court, where the court of public opinion does not matter,” Beyer said. “Everyone here is playing C.Y.A.”
Dillon bristled when told Beyer called her a liar. She huddled with McLennan County District Attorney Abel Reyna and provided a written response to Beyer’s accusations. Reyna declined comment about the filed objection.
Beyer’s objection claims that Dillon improperly talked to Strother without him being present to reset the first scheduled examining trial from July 31 to Friday. He said Dillon told him she talked to the judge and that Beyer was supposed to get an email that the hearing had been rescheduled.
Beyer said he was not informed of the continuance and drove from San Antonio to Waco on July 31 expecting to have the examining trial.
Dillon said she told Beyer that she would call “the court” to move the date.