Doesn't sound like Boomer knows the Mother Road does it?
Posted on 09/14/2017 4:28:05 PM PDT by Elderberry
A Hewitt man indicted in the Twin Peaks shootout alleges his confidential relationship with his attorney was violated two years ago when their phone conversation was recorded at the McLennan County Jail.
Dallas attorney Clint Broden, who represents Matthew Alan Clendennen, 32, has filed a motion asking that the indictment against his client be dismissed or that the McLennan County District Attorney’s Office be disqualified from prosecuting the case for the alleged violation of attorney-client privilege.
“In my 30 years of practicing law, it is one of the most egregious violations of the attorney-client privilege that I have ever seen,” Broden said. “The district attorney’s office should be ashamed of themselves.”
McLennan County District Attorney Abel Reyna did not return phone messages Thursday.
Judge Matt Johnson of Waco’s 54th State District Court has scheduled a pretrial hearing in Clendennen’s case for Friday morning. Clendennen, a former member of the Scimitars group, is set for trial Oct. 9, but that trial date could be changed because of the recent postponement of the Twin Peaks case involving Jacob Carrizal.
Reyna has indicated he wants to try Carrizal first and said Wednesday after Carrizal’s trial was postponed that the state’s preparation time thus far as gone toward Carrizal’s case.
“We are ready to go and expecting to go and demanding to go on Oct. 9, and we were promised we were going to go,” Broden said. “We were absolutely told they are bringing in a jury panel on the (Sept.) 29th on this case.”
Broden said he discovered Clendennen’s call to him from the county jail was recorded because a copy of the recording was turned over to him by the DA’s office along with a massive amount of other materials from the Twin Peaks investigations.
Like the other 176 bikers arrested after the May 2015 shootout, Clendennen was jailed under $1 million bond. He stayed in jail about three weeks until Broden negotiated a bond reduction to $50,000.
“My position is the jail isn’t supposed to turn those recordings over to the prosecution,” Broden said. “This happened in Hunt County, and the Court of Appeals in Texarkana said it is a clear Sixth Amendment violation.”
The Sixth Amendment, among other things, guarantees the right to those charged with crimes to be represented by counsel and the right to a speedy trial.
Another of Broden’s motions also seeks to have the charges dismissed because of a speedy trial violation.
“In short, in the face of a serious breach of the attorney-client privilege, the Hunt County District Attorney’s Office in Woodruff ultimately did the honorable thing and recused itself from Woodruff’s prosecution,” Broden’s motion states. “The district judge even recused himself from presiding over Woodruff’s case to ensure that the attorney-client privilege remained sacrosanct.
“While not expected, Mr. Clendennen hopes that the McLennan County District Attorney’s Office will follow in the footsteps of its brethren in Hunt County and also do the honorable thing now that its breach of the attorney-client privilege has been discovered.”
Baylor law professor Brian Serr, who teaches advanced criminal procedure and criminal law, said dismissal or disqualification normally are not how those matters are resolved.
“Generally speaking, when prosecutors and police officers are involved in evidence gathering that violates constitutional rights, the remedy imposed by the courts is exclusion of the evidence and not dismissal of the prosecution or disqualification of a prosecutor,” Serr said.
Broden said Clendennen called him from jail, and he warned Clendennen at the time that the calls likely were being recorded.
“I assume in most jails that the calls are being taped, but I don’t expect them to turn it over to the DA’s office,” Broden said.
Capt. Ricky Armstrong, McLennan County Jail administrator, said the jail has an attorney phone call system in place. With proper arrangements, attorneys can call into the jail to speak to a client without being recorded. The inmate is set up in a room to speak with the attorney privately, Armstrong said.
Outgoing phone calls from inmates to attorneys are recorded. At the beginning of those outgoing calls, both parties are notified by a recorded message that the phone calls are being recorded, Armstrong said.
Prosecutors sometimes use the content of those recorded phone calls as evidence at defendants’ trials.
Broden also has motions pending seeking to quash the indictments against Clendennen and to suppress evidence from what he contends was Clendennen’s unlawful arrest.
Nice try at attempting to twist this around on me. Nope. So I take you now admit you are my female dog, a bitch, and I am free to do anything I want with you? Is this correct because if it isn't; then you can't say I was threatening you saying I want to put a bullet through your brain.
So are you my bitch or not? When you accuse me of wanting to shoot you in the head then you are admitting you are my bitch to do with whatever I want.
Are you my bitch or are you committing false accusations? You can't have it both ways. It's one or the other.
You are either my bitch or you are a liar. Which one is it?
Talking about shooting me through the brain and calling me your batch sure sounds like you belong in a gang ...
“my female dog, a bitch, and I am free to do anything I want with you”
You really are a gay dude. Which prison did you do your time in?
Bookmark
Alrighty then; now that we have established you’re both a liar and my bitch... howabout we have some fun.
You really are too easy gator bitch. I think I’ll just give you away to some pimp ‘cuz I really have no time for you...........
I hear there’s a Cartel looking for sweet gator bitch meat to have fun with. As far as I’m concerned; they can have you at this point since you have been so rude and nasty to so many people on this forum.
” ‘cuz I really have no time for you...........”
Then why v do you keep posting long-winded posts to me?
Did you ever make it to Flagstaff?
You mouthed a lot of garb age but you never come clean ...
Doesn't sound like Boomer knows the Mother Road does it?
Well duh; you’re my bitch. I can do whatever I want with you. You are property. I own you.
Isn’t that what the courts say about people and their dogs? They’re property?
All you have to do to not be my bitch is admit you’re a liar. We’ve established you are either my female dog, my property, to do with as I wish or you are a liar.
Just admit you’re a liar and poof; I no longer own you.
On the other hand; it sounds like someone else is interested in owning you with the initials m_t. Empty?
BTW, because everyone knows your propensity to turn anything into something ugly, I would never put down a dog that didn’t need it. Most (real) dogs are better than most people on average. You’re one of the two-legged variety.
Property or liar; which is it TG? You can’t double talk your way out of this one. Property or liar?
I think I hit a big nerve with my questions to you which you refuse to respond to!
Now all you do is defecate on FR.
B is one sick puppy.
you sure have a passion for femal e dogs ...
Alrighty then; bitch it is but IMHO you’re still a liar.
You’re the one who diminishes FR like I said before with your lies and 3, 4, sometimes 5 posts to the same post.
Seriously; go back to DU or some other pit where you belong. Stop crapping all over FR. I won’t always be there to clean up after my bitch.
“With everything I have read on this so far, I am dumbfounded as to why the US Attorney hasn’t Charged The DA, Judge, and every thug with a Badge in this case with MURDER.”
Because it was a gang fight at a family plaza where gangsters had a shootout killing other gangsters.
ROTFLMAO!
They knew it was recorded. Doubt anything on the tape affects the case.
“Self defense in a shootout”
You are joking, right?
Something wrong with churches?
“What these jerkwater Texans did was refuse a personal visit “
Of course you can back that up ?
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