Monday, April 8, 2013

Has Intimidation and Murder Threatening to Destroy the Right To Trial in Texas?

Why even criminals should be concerned...

Be careful what you do, for mob mentality may destroy our fundamental principles of justice.  The consequences may be severe and contrary to the vary principles you claim to support.  So ask yourself, do you really want to destroy the legal system to the point that suspects are imprisoned without any right to trial?  Because if the legal system won't work because of murder and intimidation, the end result may be an immediate transition directly from suspect to prisoner without the benefit of our constitutional rights.

Kaufman County District Attorney Mike McLelland and his wife were recently murdered.  McLelland belonged to a multi-agency task force investigating the Aryan Brotherhood.  McLelland and his wife, Cynthia, were found shot to death Saturday just outside of Forney, Texas.  Investigators speculate that the white supremacist group may be responsible.  In addition, Jay Hileman, an assistant U.S. attorney in Houston has allegedly withdrawn from a large racketeering case against the Aryan Brotherhood of Texas presumably out of fear for his life. These unthinkable events have occurred  two months after one of the county's assistant district attorneys, Mark Hasse, was killed near his courthouse office. (Hasse died on Jan. 31 came the same day as the first guilty pleas were entered in a criminal indictment involving a white supremist group. No arrests have been made with regard to the Hasse murder.)

Richard O. Ely II, a Houston defense attorney for one of the defendants, told The Dallas Morning News that Assistant U.S. Attorney Jay Hileman recently informed him that he was withdrawing from the case. "I understand why someone would want to step back.... "It makes sense to me, especially people that have families,"  Ely told Houston television station KTRK-TV. In the mean time, another Justice Department prosecutor, from Washington, D.C., will replace Hileman. David Karpel, a lawyer with the Justice Department's gang unit is also assigned to the case.
56-year-old Nick Morale has been arrested on a charge of making a terrorist threat; however, there is no evidence that his arrest is connected to any death. Morale allegedly called a tip line the killings of McLelland and his wife Cynthia.  He allegedly threaten a specific county official; however, nothing links Morale to the McLellands' deaths or the killing of Hasse. Morale is not a suspect in either case.

According to the Times, an unknown person wrote on a social networking site that the killings were "acts of revenge against the tyrannical, unjust, Pit Bull style treatment of every poor soul damned to do business in the Kaufman County courthouse."  The writer also inferred that another Kaufman prosecutor "...will soon perish, bringing closure to an era of unacceptable practices and allowing Kaufman County residents to move forward with liberty and justice."

FBI out of Dallas has publicized few leads.  However, it is believed that tire tracks and cigarette butts near the McLelland home may lead to the apprehension of suspects in the shooting. The Aryan Brotherhood of Texas has been in the prison system for a long time. The group is believed to have over 4,000 members and is accused of violence and retribution both inside and outside of the penal system.  The gang has a military like structure with a chain of command.  Four top leaders and 26 other alleged members were indicted in October for various crimes.  Law enforcement subsequently warned that the gang members might retaliate against law enforcement. However, to be clear, law enforcement has not publicly accused the Aryan Brotherhood as being involved with the killings.  However, a Texas Department of Public Safety bulletin has warned of "mass casualties or death" to law enforcement officials involved in the recent case.
To date, there has been little word from the Aryan Brotherhood; however, even law enforcement representatives admit it would be uncharacteristic of the group to kill public officials.  The group is thought to operate on the outside of prison in the shadows of drug trafficking and prostitution. Consequently, murder of law enforcement and open intimidation would not be typical of the group. Yet an 18-count indictment previously filed accused certain gang members of being involved with murders or rival gang members, kidnappings, assaults and conspiracy to distribute methamphetamine and cocaine.

Keep in mind, these are unproven allegations at this point in time. As always all suspects and persons of interest are to be presumed innocent. Furthermore, in the past the Aryan Brotherhood has been an advocate of the right to trial by jury and many of their accused have benefited from the legal system.  Consequently, one must question why suddenly the gang's top leadership would take action to destroy the vary system of justice which has protected them in the past?  Perhaps the leadership has lost control of its members as the gang has recently been linked to perhaps as many as 100 killings.

In the meantime, Mike McLelland and his wife have been laid to rest.  Many have criticized the inadequate $200,000 reward that has been offered for information about these murders. While retribution by criminals, victims and family members has always been a risk to law enforcement and prosecutors, this has gone outside the realm of expectations.  These murders threaten the core of our vary legal system.  Interim District Attorney Brandi Fernandez, is under 24-hour protection. She has assured the public that "...we're gonna get this job done." Hopefully she is right.  If not, the legal system of justice which has served this country well for over 220 years could be in jeopardy and that will be a tragedy for all.

4-17-13 Update:  Our sources appear to be right again!  This does not appear to be the work of the Aryan Brotherhood. (This group is usually smart enough not to make threats on the computer.) Kim Williams, 46, has been arrested on suspicion of pulling the trigger in the three homicides. Her husband, Eric Williams, may also be charged in the deaths of Kaufman County District Attorney Mike McLelland and his wife, Cynthia, as well as Assistant District Attorney Mark Hasse.  The motive appears to be clear.  Williams lost his elected position of justice of the peace after he was convicted of stealing three computer monitors.  McLelland and Hasse prosecuted the case against Williams.

Keep in mind all suspects are innocent unless proven otherwise in a court of law!


















11 comments:

Anonymous said...

Balanced coverage, but controversal! Seems like they know who may be responsible...

why not punish them?

Anonymous said...

Prison gangs are out of control. They run their world behind bars and now they are trying to do the same in the free world. Best reason for capital punishment I can think of. Texas needs to reinstate hanging convicted felons.

Scoop said...


In Reno, four suspects stole property in the apartment of Nevada's chief insurance examiner, William McCune, 62, before killing him. They dumped him in the river.

All four suspects have been booked on murder charges. Michael Evans, 23, Anthony Elliot, 20, Raul Garcia, 22, and Makyla Blackmore, 20, were arrested on burglary charges that likly will be elevated to murder charges.

Detectives believe McCune knew two of the suspects. They're still processing evidence.

McCune had held his position since December 2009 and worked similar jobs for two decades.

Video Guy said...

("acts of revenge against the tyrannical, unjust, Pit Bull style treatment of every poor soul damned to do business in the Kaufman County courthouse." )
…I don’t advocate the killing of prosecutors and truly believe most try to be fair, I am a big fan of Vincent Bugliosi’s books and think him an excellent prosecutor. But the cases of prosecutor misconduct are becoming rampant and people are sick of it. So many have been released off death row because of DNA it is apparent something is wrong. Still they fight to keep the innocent imprisoned rather than admit they were wrong, or in some cases, guilty of prosecutor misconduct. They do not police their own and people are becoming mistrustful of them…absolute power corrupts absolutely.

It may not apply in this case but because of the many misconduct issues being exposed, the moment I heard of this case I thought; is there something else involved here? Especially since I have recently examined the “West Memphis Three” case and think the prosecutor and judge should spend the rest of their lives in prison for what they did to them poor boys…and the community they were trusted to enforce. All for career advancements.

Video Guy said...

(four suspects stole property in the apartment of Nevada's chief insurance examiner,)
…poverty breeds crime. All the accused are young and the opportunity for young people today is bleak.
I worked for an x-marine concrete contractor many years back who did quite well. He told me that when he was discharged from the service he could not find work because of the recession and had a wife and baby to support, so he burglarized the homes of rich people. His thought process at that time was since the politicians and rich folks caused the recession, he and his family will not starve, and he will take what he needs to survive.
When I worked for him the economy was good and he did well, and did not break the law, but he did say if the economy crashed again he would do the same thing.

Here you have a veteran, family man, good business man, very smart and a good guy, forced into crime because of politics. Bonnie and Clyde did the same thing in the depression as well as others of that era.

Those who do not study history are bound to repeat it.

Anonymous said...

Taking another's life is not the answer

Scoop said...

Apparently Mike McLelland had bought a gun the day before his death. He was ex-military and thought he could protect himself. The fact the intruders were apparently let in the house may indicate that he knew one or more of the men.

Anonymous said...

Time to clean up this country. Yes, a few innocents may end up behind bars, but there are too many crooks that beat the system. They either don't get caught or get off on a technicality.

Lets round up the bad boys and give them permanent housing and food... in the pen.

Vide Guy said...

(Apparently Mike McLelland had bought a gun the day before his death.)
Anyone notice the home this guy lived in? Had to be worth almost a million. Does prosecuting in a small Texas county pay that well?

(The fact the intruders were apparently let in the house may indicate that he knew one or more of the men.)
What if…and just speculation, these prosecutors were taking kick-backs to look the other way in regards to the meth situation in their county. So they decided they wanted more and when the meth gang refused they busted one of their people…the killings are retaliation.
Remember when them Texas newly weds were jet skiing and drug gang members killed the husband, the wife just barely escaped? A sheriff was killed who investigated the crime…and now, still, nothing has been done.

Video Guy said...

They are questioning a man with motive. He was fired and prosecuted for stealing from the village. They had him on tape stealing computer monitors. Sounds like he has a motive, but if him, I’d say his vengeance is a little extreme. What happen to the days one would just flatten a tire?

They also said he lost his ability to practice law...that may explain the overkill. Lost his livelihood.

Legal Pub said...

4-17-13 Update: Our sources appear to be right again! This does not appear to be the work of the Aryan Brotherhood. (This group is usually smart enough not to make threats on the computer.) Kim Williams, 46, has been arrested on suspicion of pulling the trigger in the three homicides. Her husband, Eric Williams, may also be charged in the deaths of Kaufman County District Attorney Mike McLelland and his wife, Cynthia, as well as Assistant District Attorney Mark Hasse. The motive appears to be clear. Williams lost his elected position of justice of the peace after he was convicted of stealing three computer monitors. McLelland and Hasse prosecuted the case against Williams.

But innocent until proven guilty!