Posted on 08/09/2015 1:25:12 PM PDT by don-o
The way I read the press report, what has been filed is a conditional agreement, more like an offer than accepting an offer. If the state agrees to relax bail conditions, Clendennen will waive his right to examining trial.
Broden may be reading the tea leaves the same way I am, that the courts are going to find probable cause no matter what, and he and Clendennen would be satisfied if the bail conditions were dropped, for now. Any civil rights case can be filed later, and better to NOT have a judicial finding of probable cause on the record.
Unless someone really competent at data recovery can get that info, it probably can’t be verified. While it is possible micro SD cards and sim cards were merely duplicated and the originals wiped, (most of the phones I am aware of use micro SD cards to store video) chances are those cards are gone (kept by the LEOs and maybe replaced with blank ones), and the original sim cards (where phone account information and contacts are stored) have been taken as well, with (maybe) new cards generated to make the phone usable.
Source for the comment that you gleaned from Aging Rebel. Says that Broden “filed an agreement” so you were (again) correct.
Examining trial scheduleThe following examining trials are scheduled for bikers arrested in the Twin Peaks incident. Retired Judge James Morgan will preside in the courthouse annex visiting courtroom:
Aug. 17
10:30 a.m. Morgan J. English, Brenham
1 p.m. William H. English, Brenham
3 p.m. Daniel Pesina, San AntonioAug. 19
9 a.m. Clayton D. Reed, Burleson
10:45 a.m. Matthew R. Folse, Dallas
1:30 p.m. Noe Adame, Dallas
3:15 p.m. John Robert Wilson, WacoAug. 24
10:30 a.m. Drew David King, Dripping Springs
1:30 p.m. Dalton Davis, Bowie
3:15 p.m. Lawrence Yager, BudaAug. 26
1 p.m. Richard R. Donias, San Antonio
3:15 p.m. John Guerrero, San AntonioAug. 27
Tom M. Mendez, San Antonio
Lawrence Garcia, San Antonio
Juventino H. Montellano, San AntonioAug. 28
Joseph M. Ortiz, San Antonio
Richard Luther, Garland
Whatever the result of the first one is, I figure the others will be the same. While the facts for each accused is different, the allegations are apt to be the same, and what is tested is the allegation vs. either articulable evidence that a crime was committed, or the Texas magic words that substitute for probable cause.
And the article states the Clendennen has withdrawn his request for an examining trial.
I will make a new thread of the article.
It attributes that claim to Peterson. Other reports were that Broden had filed a conditional agreement, but I haven't seen any report, other than the inference here, that the agreement/offer (get rid of bail conditions and I'll waive my right to examining trial) was accepted by the state. Bail conditions were imposed by a court, and have to be reversed by the court that imposed them.
The "agreement" doesn't appear at Broden's Pleadings / Motions - Waco Biker Justice page.
Spotty reporting, and the courts involved don't publish the filings to the internet. Not that it would make much difference, I doubt I'll ever understand the choice of venue in the lower Texas courts!
DA appeals 10th Court's ruling on Twin Peaks biker's case gag order - WacoTrib.com - August 11, 2015
McLennan County District Attorney Abel Reyna has asked the Texas Court of Criminal Appeals to overturn a ruling by Waco's intermediate appellate court that lifted a gag order in the case of a Hewitt man arrested in the Twin Peaks shootout.Reyna filed a petition for writ of mandamus and a motion for stay of writ of mandamus with the state's highest criminal court Tuesday. Reyna is asking the court to rule that the 10th Court of Appeals was wrong last week when it ordered 54th State District Judge Matt Johnson to vacate a gag order he imposed in the case of Matthew Alan Clendennen. ...
In arguing that the gag order be continued, Reyna says the defendants' rights to fair trials are in jeopardy because of "a danger of prejudice from pretrial publicity."
Judge Peterson releases names of 17 other bikers seeking examining trials - Aug 11, 2015
Court Clerk Victoria Perez insisted she did not know of any such cases [examining trials to be conducted by visiting judge Morgan]. She further refused to give her name, saying she has no knowledge of whether legal instruments are filed with the clerk's office when parties to criminal litigation seek to move the Court to act, or that such documents are public record.When Judge Peterson became available, he insisted that no such information could be obtained because "I have to coordinate with the DA's office, Judge (James) Morgan, the police and the defense lawyers. All that will take time."
Upon learning that the request includes only the names of the defendants seeking examining trials once Judge Morgan becomes available, Judge Peterson relented, directing his clerk to release the information. ...
It was further learned by asking those who are not subject to a gag order imposed by 54th Criminal District Court Judge Matt Johnson on attorneys, the defendant, staff and expert witnesses in the case of Matt Clendennen that discovery is underway in the other cases, including video from 16 video surveillance cameras at the Twin Peaks restaurant where the shooting took place, statements taken from defendants and witnesses, and police reports.
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