The Twin Peaks Trial started with another delay on Friday after Defense Attorney Casie Gotro announced she may ask for a mistrial with prejudice.
The jury did not make it into the courtroom before the judge called for a recess. Prosecutors gave Gotro audio tapes of interviews for the first time and she needed time to review them. One of the recordings included a federal agent interviewing a biker, and the other depicted Waco Police Sargent Sam Key interviewing a biker at the county jail.
Gotro said Sgt. Key's interview doesn't follow proper procedure and sounded like a swearing match. Gotro added had she heard the tapes earlier, it would have changed how she cross-examined Key earlier in the trial.
Friday's presented evidence added to several other instances during the trial where the District Attorney’s office introduced evidence that was never made available to Gotro.
The defense attorney said if a similar situation happens again, then she will ask for a mistrial with prejudice. In short, the prosecutors would not able to come after the defendant Jake Carrizal again for the same charges.
“There's not a distinction between the police department and the state,” Gotro said. “These men have distinguished careers your honor, and I just cannot accept that they didn’t know what their obligation was until the middle of trial, especially as old as this case is.”
54th District Court Judge Matt Johnson ordered the state to request every officer go back to review their records and produce any information they may have, and District Attorney Abel Reyna obliged.
On Thursday, jurors heard from John Jacobson, an ATF Firearms and Tool Mark Examiner from California. He was in charge of examining all the guns collected by police at Twin Peaks. The task took him a little under a year to complete. Jacobson testified that out of 154 guns collected, only twelve were fired, and he excluded some fire arms based on their class characteristics.
“Well of course the 12 gage shot guns, the .223's, and the big rifle type fire arms I eliminated immediately,” Jacobson said.
There were twelve other guns determined inconclusive. The guns Jacobson analyzed were not the ones used by Waco police; those guns were taken to a lab in Dallas. Prosecutors went through all twelve weapons that were fired, and as of Friday, it was still unclear if any of them belonged to the defendant Jake Carrizal.