Posted on 06/25/2015 4:33:52 PM PDT by Prolixus
The city of Waco is seeking to quash a subpoena issued to the former Waco Twin Peaks franchise holder for video of the May 17 shootout that left nine bikers dead and 20 wounded.
Dallas attorney Clint Broden, who represents Matthew Alan Clendennen, a member of the Scimitars Motorcycle Club, obtained a subpoena after speaking with Patrick Keating, a Dallas attorney who represents the Twin Peaks franchisee.
Broden said he sought the video to help him prepare for an Aug. 10 examining trial set in Clendennen’s case in McLennan County Justice of the Peace W.H. “Pete” Peterson’s court.
The subpoena for the video was issued on Monday. On Thursday, Assistant City Attorney Judith Benton filed a motion asking 54th State District Judge Matt Johnson to throw out the subpoena, saying that Broden was trying to “circumvent the criminal discovery rules by seeking records in a criminal case from a non-party.”
“It is troubling that the city of Waco would go to such lengths to suppress this video,” Broden said in a release Thursday. “The Waco police have repeatedly given the public contradictory information about the events at Twin Peaks and have said that the video will support its current version of the facts, yet they have now taken this extraordinary measure to interfere with the subpoena process.”
Broden said Keating had previously agreed to accept service of the subpoena on behalf of his client and to produce the video in compliance with the subpoena by 9 a.m. Friday.
“It is important to note that this video is the sole property of the Waco Twin Peaks franchisee and does not belong to the city of Waco, the Waco police nor McLennan County,” Broden said.
Benton said Thursday she was contacted by Twin Peaks representatives about the subpoena, prompting her motion to quash. Her motion claims Broden’s subpoena is contrary to the rules of discovery governing criminal cases.
“On its face, the subpoena at issue exceeds the scope of any legitimate purpose and is an obvious attempt to conduct pretrial discovery. Therefore, it should be quashed,” the motion says.
Broden says in a response to the city’s motion that the video would support Clendennen’s defense that he did not “participate in nor encourage any violence” at Twin Peaks.
“The video would therefore support Mr. Clendennen’s argument that there is no probable cause in his case and that he should not be held on restrictive bond conditions,” Broden’s motion argues.
The Tribune-Herald has filed a Public Information Act request seeking to obtain the video. The city of Waco has opposed that request, arguing that it is not subject to disclosure at this time because of the ongoing investigation. The matter has been sent to the Texas Attorney General’s Office for a ruling.
That was my question. The limits of my understanding are that, under Brady, the prosecution must turn over any exculpatory evidence.
Waco cops and ATF have had over a month to fix the video to suit their story so what’s with these delay tactics? Expect the same thing to happen to the video and all the confiscated cell phones as happened to Lerner’s hard drive.
Obviously, you did not click the link I posted. Make a point for once instead of hurling accusations.
What is an examining trial?
“What is an examining trial?”
The examining trial may be requested by the accused if he thinks he has been wrongly accused. It is a mini-trial before a judge only with rules more lax than a real judge. It does not determine guilt but only whether he should be indicted.
Although the accused can request and obtain an examining trial, the prosecutor may make an immediate indictment and the right to an examining trial is then terminated.
“Obviously, you did not click the link I posted. Make a point for once instead of hurling accusations.”
Obviously, I did and I made my point.
You don't have Grand Jury in Texas? Prosecutors make indictments?
McClennan will have plenty of time to file lawsuits from his perch inside a Texas penitentiary.
Then why would you say I had no idea of what it was? I had made no comment save post the link (after I had read the statute). As usual, you rush to hurl a baseless accusation. It's getting old.
Who is McClennan? Are you referring to some of the officials of McClenan County going to the pen?
>>> What is an examining trial? <<<
The texas code is mostly unreadable, so try this link:
http://sgw-law.com/examing-trials-texas/
So are you saying that since the police have the video and the attorney for one of the defendants that is out on bail from the incident wants to see the video because it might clear his client and the police won’t give it to him, that it is wrong to try to force the police to hand over a copy?
“That was my question. The limits of my understanding are that, under Brady, the prosecution must turn over any exculpatory evidence.”
True, IAW the rules of discovery. I don’t believe they are required to turn over evidence before an indictment unless the accused requests an examination trial.
Nope. ISTM that one function of the examining trial is to confirm that probable cause did indeed exist to arrest. Defendant wants to challenge probable cause and believes that a video would show that he did not conspire (which is all that anyone is charged with.)
What is an examining trial?
“You don’t have Grand Jury in Texas? Prosecutors make indictments?”
GJ indictments are only required for serious felonies.
I think that they are trying to find indictable charges. I don’t think that non-specific conspiracy charges are enough.
More importantly, they are delaying because they can. No Feds or MSM are jumping ugly on them.
GRAND JURY. The function of the grand jury, which seems to have been instituted in England about the middle of the twelfth century, is to determine cause for criminal prosecution. Though instituted as a means of making the local community responsible for bringing its malefactors to justice, it has come to be regarded over the centuries as a safeguard against unwarranted prosecution and, as such, was incorporated in the Fifth Amendment to the United States Constitution, a provision that has not been made applicable to the states by the doctrine of selective incorporation; however, a correlative provision in the Texas Constitution of 1876 requires grand jury indictment for prosecution of a felony (see CRIMINAL LAW, ENGLISH LAW). The indictment is termed a “true bill” against a prisoner; a decision not to indict is termed a “no bill.”
https://tshaonline.org/handbook/online/articles/jlg01
I guess the “Nope” was the answer to “is wrong to try to force the police to hand over a copy?”
OK my bad, I looked at the article again and see that the subpoena is not to the police, but to a private party so, is “seeking records in a criminal case from a non-party” a bad thing?
HAhaahahahahahahahaahahahhaahahahahahaha
ahahahahahahahahahahahahaa
hahahahahahahahahahahahahha
sorry. it's just so funny.
The prosecutor is an agent of the state, and it is his job to execute the will of the state.
Truth and justice have nothing whatsoever to do with his job in today's America.
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