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Waco: Lawyer for local Twin Peaks defendant files list of motions
KWTX TV ^ | 1/3/16

Posted on 02/03/2016 3:45:44 PM PST by don-o

WACO, Texas (KWTX) A Dallas attorney who is representing a Hewitt man indicted in the Twin Peaks shooting rampage has filed a list of motions with a district court seeking information about the case investigators brought against his client.

Clinton F. Broden represents Matthew Alan Clendennen, of Hewitt, who is one of the bikers who already has been indicted in the Twin Peaks shooting, charged with engaging in organized criminal activity.

In three motions filed late Tuesday in the 54th District Court, Broden is asking the court to force prosecutors to reveal the identity of confidential informants and undercover police officers who were involved in the case, is asking for additional discovery of the state's evidence and wants the court to admit expert testimony about a polygraph examination his client took.

Broden is asking District Judge Matt Johnson to reveal the names of confidential informants and any police officers who were acting under cover in the time prior to the May 17 shootout at Twin Peaks that left nine dead and 20 injured.

The basis of Broden's first motion comes from investigative reports compiled by the Texas Department of Public Safety that details events leading up to the Twin Peaks incident that, he says, prove that confidential informants and under cover law enforcement operatives were well aware of the pending threat.

"It appears that law enforcement officials infiltrated and/or had confidential informants inside the Cossacks Motorcycle Club and/or other motorcycle clubs prior to the incident at Twin Peaks," Broden says in his first motion.

"First, DPS reports indicated Waco police Detective Jeff Rogers was receiving information from a 'source of information,'" Broden's motion says

"Second, it also appears that Lorena police Officer Shawn Board may have received information about the (May 17) meeting from a confidential source.

"Third, while all of this was taking place, federal authorities were conducting 'Operation Texas Rocker'".

"That operation recently resulted in an indictment filed in the United State District Court for the Western District of Texas," Broden's motion says.

"While not explicitly stated in the indictment, it appears law enforcement officials were receiving inside information from within both the Cossacks and Bandidos motorcycle clubs."

Broden goes on to say the indictment liss conflicts between the two motorcycle clubs but "Nevertheless, any mention of Twin Peaks is conspicuously absent."

Broden later says: "Indeed it could be reversible error not to require the state to reveal the identity of a person present at the alleged criminal offense.

Broden goes on to say that the name any informant or witness, whether confidential or not, who was present at the time of the shooting should be turned over to the defense.

In the second motion which is seeking discovery, Broden is asking the judge to force prosecutors to turn over any offense reports, any designated documents or papers, whether written or otherwise recorded or any evidence gathered by investigators that might shed light on his client's participation or lack thereof.

Broden is asking for written or computer records, photographs or video that might shed light on the innocence of his client.

He is asking the judge order the state to produce the requested documents on or before February 11.

Finally Broden is asking the judge to admit as expert testimony information gathered during a polygraph examination completed in Dallas by one of the state's most respected polygraph examiner.

Rick Holden, of Dallas, gave Clendennen a polygraph exam on June 9, 2015.

A check of Judge Johnson's docket does not show these hearings are set yet.


TOPICS:
KEYWORDS: texas; waco
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To: TexasGator

No. You go look it up. Your the one with the issue.


21 posted on 02/04/2016 8:37:14 AM PST by mad_as_he$$ (Huckster for Prez!)
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To: mad_as_he$$

“No. You go look it up. Your the one with the issue.”

LOL! It doesn’t exist and you want ME to go look it up!


22 posted on 02/04/2016 8:37:59 AM PST by TexasGator
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To: TexasGator

Take it up with NOLA.


23 posted on 02/04/2016 8:42:25 AM PST by mad_as_he$$ (Huckster for Prez!)
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To: mad_as_he$$

“Take it up with NOLA.”

LOL. There is NO tweet to support your claim.


24 posted on 02/04/2016 8:52:04 AM PST by TexasGator
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To: TexasGator

I didn’t make the claim NOLA did along with several other sources. Are you such a dunce you can’t tell the difference?


25 posted on 02/04/2016 9:03:30 AM PST by mad_as_he$$ (Huckster for Prez!)
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To: TexasGator

Someone in post 14 above sent:

http://www.nola.com/crime/index.ssf/2015/05/bikers_shooting_in_wacos_twin.html

In addition to local and state police, the federal Alcohol, Tobacco, Firearms and Explosives (ATF) was also on the scene, according to its official twitter account.

Waco has a bad reputation for what happened in the past so I do not much believe police reports. What are the cops hiding anyway?


26 posted on 02/04/2016 3:05:09 PM PST by mountainlion (Live well for those that did not make it back.)
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To: mountainlion

They only thought that because the BATF was photographed and videod at the scene.


27 posted on 02/04/2016 5:56:18 PM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: TexasGator
One point about C not knowing Bandidos would show up at a Bandidos meeting!

Yup...I notice Brodin has also stopped using his client's puppet club affiliation.

-btw that DPS report is an interesting document...

28 posted on 02/04/2016 7:14:24 PM PST by mac_truck (aide toi et dieu t'aidera)
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To: mountainlion

“What are the cops hiding anyway?”

The gangster gunfight took place ‘at high noon’ in a family plaza. Not much to hide.


29 posted on 02/04/2016 7:41:16 PM PST by TexasGator
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To: mad_as_he$$

“I didn’t make the claim NOLA did along with several other sources. Are you such a dunce you can’t tell the difference?”

You only jumped in with your personal attack on me saying it was a valid tweet.


30 posted on 02/04/2016 7:55:17 PM PST by TexasGator
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To: TexasGator

With all the people killed and they will not tell which were killed by cops and which were killed in the meeting? When there was a shootout and one was killed in Denver they did not arrest almost 200 people.


31 posted on 02/05/2016 5:46:10 AM PST by mountainlion (Live well for those that did not make it back.)
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To: mountainlion

“With all the people killed and they will not tell which were killed by cops and which were killed in the meeting? “

There was no meeting. The gangsters started whacking each other before the Bandidos rally.


32 posted on 02/05/2016 6:43:53 AM PST by TexasGator
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To: mountainlion
"With all the people killed and they will not tell which were killed by cops ..."

FYI. From the autopsies:

-----------------

Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back. Head: Medium Caliber NOT from police .223; Back: Medium Caliber NOT from police .223

Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.

Back: Medium Caliber NOT from police .223; Abdomen: Not Determined

Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back. Head: Medium Caliber NOT from police .223; Trunk: Undertermined

Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head. Head: Medium Caliber NOT from police .223

Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks. Knee: Medium Caliber NOT from police .223; Buttocks: Small Caliber .223 or .22

Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head. Trunk: Small Caliber .223 or .22

Daniel Raymond Boyett, 44, Waco, shot two times in the head. Head: Medium Caliber NOT from police .223; Abdomen: Medium Caliber NOT from police .223; Head: Undetermined

Charles Wayne Russell, 46, Tyler, shot once in the chest. Chest: Small Caliber .223 or .22

Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.Neck: Undertermined; Abdomen: Undetermined

Spaz. Arm: Not Available ... yet!

33 posted on 02/05/2016 6:45:53 AM PST by TexasGator
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