CAUSE NO.

2015-2222-C1
THE STATE OF TEXAS
V.
CODY LEDBETTER

IN THE 19th DISTRICT

COURT OF
MCLENNAN COUNTY, TEXAS

REQUEST FOR EARLIEST POSSIBLE TRIAL SETTING

TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Cody Ledbetter, Defendant in the above-entitled and
-numbered cause, and moves the Court for the earliest possible trial setting,
and in support of such motion shows:
-1This case, and its numerous associated cases, presents a potential
quagmire for the defense bar, the prosecution, the bench, and the taxpayers
of McLennan County. At least one hundred and six (106) cases have been indicted on the
identical novel legal theory: that the defendants, by arriving at Twin Peaks for a bike-club
informational meeting wearing motorcycle jackets bearing the insignia of either the Cossack or
Bandido Motorcycle Clubs, were making a show of force for a criminal street gang, and
therefore were guilty of participating in organized criminal activity. The Defendants indictment
and the examining trials of his co-defendant William English (transcript attached as Exhibit 1)
both reflect this theory (as do the other one hundred five (105) indictments released along with
the Defendants, all of which are virtually identical other than the name and cause numbers
involved.) It is a theory that does not appear to have ever before been presented to a Texas court.

-2Most of these cases will need to be tried separately. Many of the

defendants will seek changes in venue; the amount of pretrial publicity by
itself could justify a change in venue, but it is plain that after the trials begin
the publicity and attention will again be focused on these cases. The number
of trials, all with almost identical evidence, will put an enormous strain on
the resources of the McLennan County courts, prosecutors, law enforcement,
and taxpayers. They also will put an enormous strain on the criminal defense
bar, as they will need to purchase and learn the testimony from previous
trials eventually, over a hundred such transcriptions! Further, it is almost
inconceivable that any defendants will choose to plead guilty when being
faced with an untested legal theory it could conceivably be malpractice for
an attorney to recommend a guilty plea on what may turn out to be deemed
legally insufficient evidence because of a flawed prosecution theory. Because
of the remote likelihood that any significant number of cases will be resolved
with pleas or dismissals, and the large number of defendants, even if one
case was tried every week it would take more than two years to resolve the
cases from this one incident.
This is not simply another one hundred six additional cases presented
to the McLennan County dockets, because most of these cases are in all
likelihood going to be tried. It is well known to all who practice criminal law
that most indicted cases are resolved by either dismissals or pleas, with only

a small percentage proceeding to trial. Because of the percentage of these

cases likely headed to trial, this is more similar to one thousand extra
average cases than one hundred six of them.

-3A felony courtroom costs well over one thousand dollars an hour to
operate, when the costs and benefits of court personnel, technology, utilities,
maintenance, and expenses are all factored in (the undersigned does not
know the numbers for McLennan County, but is aware that every felony court
in Harris County, Texas costs over $1500 an hour to operate.) If each of these
cases takes 24 hours (three days) of court time to try, that cost alone could
quickly surpass $2.5 million dollars and that is only the first round of
indictments, with the belief being that additional indictments will be
forthcoming. And that is also not including the costs of conducting pre-trial
litigation, prosecution, housing prisoners, appeals, writs, and appointed
counsel.
Moreover, those with other cases in the McLennan County courts will
inevitably be dramatically inconvenienced. Cases unrelated to the Twin Peaks
incident may be delayed, and significantly, in order to make room for a
virtual flood of litigation. This represents an additional cost to McLennan
County taxpayers, and is unfair to those other defendants who are also
entitled to a speedy and fair trial.

These figures, of course, will be significantly increased if it becomes

necessary to try many if not most of these cases out-of-town. Room, board
and transportation alone could easily run into the hundreds of thousands of
dollars. Judges will be unavailable to deal with other cases, even during
breaks. With a population of under 250,000, the costs of such litigation
cannot be borne by McLennan County, Texas without putting a huge burden
on the county purse.

-4Someone must go first; and the sooner that occurs, the better for all
involved. This Defendant is prepared to proceed to a jury trial without delay.
No motions, beyond routine motions-in-limine, need to drafted or litigated.
This Defendant is satisfied to go to a McLennan County jury and does not
believe it necessary to seek a change in venue. The primary issues in this
case are legal ones; there are few disputed facts. In short, the Defendant
seeks to go to trial as quickly as possible, as a sort of test case, allowing
his case to proceed before this Court, and before the appellate courts if
necessary, in order to determine the validity, or lack thereof, of the States
theory. The Defendant believes that most, if not all, relevant discovery has
been provided and any outstanding discovery that the State must turn over
can be provided quickly, allowing for trial at the earliest possible setting.

WHEREFORE,

PREMISES

CONSIDERED,

the

Defendant

herein

respectfully requests that his trial be scheduled for the earliest possible
setting.
Respectfully submitted,

By:

__________________________
PAUL C. LOONEY
State Bar No. 12555900
CLAY S. CONRAD
State Bar No. 00795301
LOONEY & CONRAD, P.C.
11767 Katy Freeway, Suite 740
Houston, Texas 77079
Ph. No. (281) 597-8818
Fax No. (281) 597-8284
ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing
Demand for Speedy Trial was mailed, postage prepaid, to the District
Attorney of McLennan County, Texas, on November 16, 2015.
PAUL C. LOONEY

CAUSE NO. 2015-2222-C1

THE STATE OF TEXAS
V.
CODY LEDBETTER

IN THE 19th DISTRICT

COURT OF
MCLENNAN COUNTY, TEXAS

ORDER
On this day the Court finds that the foregoing Request for Earliest Possible Trial should
be granted. The Defendant, in open court, has announced ready and waived his right to any
additional time to prepare.
The State is hereby ordered to provide all discovery due to the Defendant under Tex.Code
Crim.Proc. 39.14 no later than ______________________, 201__.
IT IS THEREFORE ORDERED and ADJUDGED that the Defendants trial be scheduled
to begin at _____ __ M. on ___________________________, 201__.

SIGNED

, 2015.

_________________________________
JUDGE PRESIDING
EXHIBIT 1

Transcript of Examining Trial

August 17, 2015

Cause No. J12F-15-167

State of Texas v. William H. English
Justice of the Pleace Court, Precinct 1, Place 2
McLennan County, Texas

Hon. James E. Morgan, Presiding.