The Texas Attorney General's Office has declined to prosecute any upcoming Twin Peaks cases.
Waco's 19th District Court Judge Ralph Strother had asked the state for help after McLennan County District Attorney Abel Reyna recused the DA's office from prosecuting former Cossack Billy McRee. The request was made with the expectation that Reyna might also recuse the DA's office from more cases, which could force the county to hire costly private lawyers to serve as prosecutors in those trials. Help from the AG's office could have saved the county money.
But, the AG's office declined Strother's call for help, arguing it did not have enough qualified personnel to handle the Twin Peaks trials.
"While your request refers only to the foregoing named case, you mention that you anticipate a number of additional recusals in the approximately 150 similar, related cases," Texas Assistant Attorney General Lisa Tanner wrote in a Feb. 12 letter to Strother.
Tanner cited nine pending death penalty prosecutions as the primary reason for the AG's office being unable to help with the Twin Peaks cases.
"Quite simply, we currently have no qualified prosecutors whose caseload will allow them to take on a case of this magnitude," Tanner wrote.
McRee's defense attorney David Conrad Beyer called the AG's decision unprecedented.
"The State of Texas has stated that it is unable to take the case because it frankly doesn't have the resources," Beyer wrote in an email. "Which validly leaves the casual observer to wonder and question how did Abel Reyna expect the hardworking taxpayers of McLennan County to pay for the prosecution of one hundred and fifty five of these cases when the State of Texas doesn't have the resources for even one Twin Peaks case."
Beyer also accused Reyna of prioritizing his political ambitions.
"The political ambitions and opportunistic actions of Abel Reyna are going to bleed the coffers of the hardworking, taxpaying men and women of McLennan County," Beyer wrote. "An attorney pro tem charges by the hour and there is no limit to those hours. It took Abel Reyna three years to dismiss and refuse twenty cases. This leaves one hundred and forty cases to go. It is now clear that Abel Reyna intended to write a multi-million dollar check that he expects the taxpayers of McLennan County to cash. How much longer are the taxpaying citizens of McLennan County going to pay for this man's ambitions and incompetence? How much longer are innocent men and women going to languish under the shadow of prosecution?"
Channel 6 reached out to the DA's Office for a response to Beyer's claims. Reyna released the below statement Wednesday evening.
“There are too many misleading and incorrect statements in Mr. Beyer’s comment to address them fully. His attempt at political smear tactics is nothing more than an effort to distract from the actions of his client on May 17, 2015. Our office is no longer prosecuting this case, and I look forward to testifying in the matter."