Posted on 01/28/2016 12:18:55 PM PST by Elderberry
In a motion filed under the heading "Justice delayed is justice denied," an attorney for biker Matthew Clendennen said he opposes a prosecution motion seeking to delay Clendennen's trial, because he has all the video evidence he needs to prove his client's innocence.
Dallas attorney Clint Broden lost little time in responding to McLennan County District Attorney Abel Reyna's motion, filed Tuesday, to postpone Clendennen's trial scheduled for Feb. 29.
Clendennen, a member of the Scimitars motorcycle group, is one of 106 bikers indicted in November on charges of engaging in organized criminal activity in the May 17 Twin Peaks shootout that left nine people dead and more than 20 injured.
Reyna is seeking a continuance because, according to his motion, it could be up to a year before certain evidence in the complex case, including ballistic and DNA analysis, is completed at various state and federal labs.
Reyna's motion says he is concerned that if a trial is held before the evidence is analyzed and returned, it could jeopardize his obligations under the Michael Morton Act, which requires full disclosure of all evidence.
Broden, who has said his client is ready to go to trial, questioned Reyna's sincerity and commitment to "fundamental fairness."
"Mr. Reyna expresses his deep concern about his ability to provide Mr. Clendennen with the discovery Mr. Clendennen is entitled to . . . and implies that he, and he alone, knows what is best for Mr. Clendennen and his family. The state even posits that some of the discovery might prove Mr. Clendennen's 'actual innocence,' " Broden's motion states.
"If the continuance motion is accepted on its face, Mr. Clendennen and the other motorcyclists arrested in the Twin Peaks incident should now rest easy that Mr. Reyna has their best interests at heart and is truly seeking justice. But alas, Mr. Reyna's track record of circumventing his responsibilities to justice in this case belies his claims of benevolence," the motion says.
Reyna, who sought and obtained a gag order in Clendennen's case, did not return phone messages Wednesday.
Broden declined additional comment because of the gag order. But, his motion charges that Reyna, "in what appears to be a concern for political opportunism rather than a concern for 'fundamental fairness,' " disregarded the law by ordering the arrest of 177 bikers using "fill-in-the-blank complaints sworn to en masse."
Broden goes on to claim that Reyna appeared to violate the Texas Disciplinary Rules of Professional Conduct by making press statements that attempted to paint all bikers as members of "roving biker gangs."
After prejudicing the rights of those arrested, Reyna then sought a gag order, preventing responses to his claims, Broden's motion contends.
Broden also claims that Reyna made a "mockery" of the grand jury system by securing 106 identical indictments that contained flawed information about the number of bikers killed and the identity of one listed as wounded.
Reyna has said those mistakes were clerical errors that can easily be corrected.
"Simply put, it was the state that chose to rush this case," the motion says, asking why the state sought indictments so quickly if the investigation won't be completed for another year.
Judge Matt Johnson of Waco's 54th State District Court has not scheduled a hearing for Broden's motion.
This has smelled bad on ice from day one.
IBTG
Fascinating.
Apparently, the polices don't know how many rounds they fired.
Do the local police department employ 9-year-old children?
I’m enjoying Broden.
Reyna’s motion says he is concerned that if a trial is held before the evidence is analyzed and returned, it could jeopardize his obligations under the Michael Morton Act, which requires full disclosure of all evidence.
= = =
Well, there is Bull Cra*, and Horse Cra*, and now some Motorcycle Cra* [that would be hydrocarbon emissions].
I wonder what DA Cra* looks like. Wait. I really do not want to know that.
SPEEDY TRIAL!!!
I dont know what happened there, let me be clear on that.
But I DO KNOW the police knew something was up IN ADVANCE and positions cameras all around to capture the action.
This seems to me the opposite of their specific orders to KEEP THE PEACE.
If you know something is going to happen, you station 12 patrol cars there and numerous armed officers to maintain order- not escalate it.
“This has smelled bad on ice from day one. “
And yet there are those here on FR who continue to claim that “Waco did it citizens a favor, killing these obviously guilty people.” I can’t wait to see this “good old boy just us system” in Waco exposed for what it is, a criminal enterprise.
Ballsy move.
In other words, he has no evidence and is going to delay as long as he can before he drops the charges, at least in this particular case.
I'd like to see those who committed murder be tried and convicted. I believe that the DA probably can't get that done either.
In other words, he has no evidence and is going to delay as long as he can before he drops the charges, at least in this particular case.
*******************************************************************************
Well, he likely wants to delay at least until after the 2016 general election to protect Obama’s political appointees in BATF and DOJ-—you know, the Obama continuing criminal enterprise.
I haven't read the law, but I imagine it would apply to evidence that the prosecution possesses, not evidence it someday may -- or may not -- obtain.
More government run-amokery in Waco. Is the water?
Some day the government will run out of ways to give itself a pass.
Smart guy. It worked for OJ
Just more proof of the inbred injustice of everything Waco. My guess is TG is related to at least 15 of them by birth. Heehee. ;)
If this was anywhere but Texas it would have been thrown out long ago just to save the careers and lives of those LEO’s who are responsible for it.
Were there some bad actors in the biker groups? Yup. Were they who instigated all this? Nope. Is there more culpability within the LEO community there than the biker community? Yup.
Case closed. Now let’s move on to those responsible for all this. At least that’s what an honest judge would say. I guess they don’t exist in the county Waco resides in.
Not a ballsy move at all.
In addition to stonewalling, we now know that after the shooting law enforcement already at the restaurant secured the site very quickly. ..and then proceeded to disallow rendering of medical care for half an hour. There didn’t have to be that high a body count.
The video of that alone will make things go hard for law enforcement as the civil suits gear up, especially for people who were shot while trying to distance themselves from the altercation.
Reyna knows that Clendennen did not fire a weapon or strike a blow. He's not even charged him (or anyone) with that.
He's got this BS conspiracy charge based on cookie cutter probable cause that Broden will absolutely blow to smithereens.
Assuming he can find an honest and attentive jury.
Look at the indictments again. http://blog.bennettandbennett.com/wp-content/uploads/2015/11/Waco-twin-peaks-indictment-1.pdf
----- cause the death of ------ by shooting and/or stabbing and/or cutting and/or striking -----
I stand corrected.
Did Clendenn’s indictment have that language in it?
I haven't seen his, but it's my understanding that they were all charged with "cookie cutter" indictments.
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