On day 16 of the first Twin Peaks trial, McLennan County 54th District Judge Matt Johnson announced to the jury will recess the trial until Monday.
"I'm sincerely sorry for the delay but it's unavoidable. We have to make sure the trial is tried correctly and in accordance with all the rules," Johnson told the jury.
The defense attorney for biker Christopher Jacob Carrizal asked for a continuance after she said the identity of one officer was not clear in a recorded interview released by the City of Waco recently.
She said prosecutors gave her that recording on Wednesday morning.
"This recording contains statements that are inconsistent to what the State's theory has been thus far," Gotro told the judge. "I need to know who that person law enforcement official was."
The City of Waco turned over that audio recording and two additional recorded interviews after Johnson issued an order on Monday asking all law enforcement agencies that investigated the case to turn over any evidence.
On Wednesday, Assistant City Attorney Judith Benton filed a motion requesting the judge to inspect those two of those recordings, including a video, and issue a protective order, protecting the Waco Police Department from having to produce the requested information. She stated some of those records are protected from disclosure by law.
"The court's order is broad enough to include the identity of a person or persons who have furnished relevant or useful information which is protected by this privilege. Release of this information would put those person or persons at risk, and would jeopardize future cooperation of sources and other law enforcement agencies," Benton stated in the motion.
After reviewing the two recordings, Johnson determined they could be released to both parties. In addition, he ordered the City of Waco to disclose the identities of those present during the interview Gotro received Wednesday morning and the two other recorded interviews to both parties. However, he issued a protective order, keeping the content and the identities of those present private.
A representative from the city told Johnson in court, that once he made his determination, the city would comply with it.
Carrizal who is now the president of the Dallas Chapter of the Bandidos was indicted on charges of engaging in organized criminal activity and directing activities of a criminal street gang. Nine bikers died and dozens were injured following the shootout.
The State rested its case on Tuesday morning. For 15 days, prosecutors tried to prove Carrizal is a member of a criminal street gang that had an ongoing conflict with the Cossacks prior the shooting on May 17, 2015. According to prosecutors, the shootout was a turf war between both motorcycle groups.
On Tuesday, Carrizal’s brother, Chuck, testified and admitted the meaning behind the text he sent to support clubs asking them to bring guns to Waco. In addition, he also confirmed his brother owned a yellow motorcycle helmet. Former Twin Peaks employee Shaniqua Corsey testified earlier in the trial, a man wearing a yellow helmet fired the first shot.
The trial will resume on Monday at 9 a.m.
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