Posted on 07/30/2015 8:13:38 AM PDT by don-o
Dallas – McLennan County’s criminal justice community is not trying to “scheme against” defendants in the Twin Peaks shooting, said a lawyer appointed to represent a judge recused in the case.
A supplemental pleading to the 10th District Court of Appeals cites those remarks as evidence a gag order is unconstitutional and unworkable, according to the lawyer who filed the court papers.
“Mr. (Matthew) Clendennen and his counsel are subject to the gag order entered by the Judge of the 54th District Court, Matt Johnson, and cannot publicly speak to this matter of grave public concern to our justice system. Nevertheless, the agent for Judge Peterson is permitted to give statements to the press at will,” wrote F. Clinton Broden, his attorney.
Waco attorney David Deaconson said in a news story about the search for Peterson’s replacement following his recusal in an examining trial to discover probable cause in Clendennen’s case that there is a belief that “the county is totally trying to scheme against these people” is unfounded and that “examining trials are not needed unless defendants are in jail and seeking another way out.”
On the contrary, Broden wrote, Clendennen is seeking an examining trial so that “an innocent person can be promptly cleared of criminal charges wholly lacking in individual probable cause.”
Judge Peterson charged the 177 defendants arrested on a “fill-in-the-blank” affidavit of warrantless arrest in which only the person’s name differered from any of the others. The only allegations of probable cause are that the person so charged is a member of a “motorcycle gang” and was wearing distinctive “colors” identified by the Department of Public Safety as those of an outlaw gang. Clendennen is a member of the Scimitars, a Cossacks support club that is not listed in the DPS manual published at Texas A&M University.
He declared that “this is yet another example of why the gag order in this case is unworkable and one that has arisen since the filing of the Original Petition” because “McLennan County judges (Judge Strother and Judge Peterson through his agent) are not bound by the gag order entered by Judge Johnson and continue to make statements to the media.”
Clendennen is “denied free speech rights to address why he is seeking an examining trial despite the fact that he is not ‘in jail and seeking another way out.’”
At the time when the first shot rang out at the Twin Peaks Restaurant on May 17, Clendennen ran from the patio area and hid inside the building during a bloody melee that left 9 dead, 20 wounded, and is one of 177 persons charged with the identical offense of engaging in organized criminal activity that led to capital murder and/or aggravated assault.
A first degree felony, the offense is punishable by a possible minimum of 5 years imprisonment or a maximum of a life term upon conviction.
“For the reasons set forth in the Petition and for the foregoing reasons, Mr. Clendennen submits that Judge Johnson’s gag order is unconstitutional and unworkable and that the Writ of Mandamus should be issued.”
In re Clendennen amicus action
The state was ordered, on July 16, to file a response within 14 days. It is possible that the state will file a motion to extend time, which would certainly be granted because the court won;t render a decision without hearing from opposing parties who appear to be noticing the court.
The Clenednnen case seems to be the only one that is active at all. Are the rest just waiting to see how it plays out?
There are at least 20 pending examining trials, one of which is Clendennen. See Retired judge sought to hear Twin Peaks bikers' examining trials - Waco Trib - July 28, 2015
Matthew Clendennen, Hewitt Daniel Pesina, San Antonio Mitchell Bradford, Gordon Juventino H. Montellano, San Antonio Joseph Ortiz, San Antonio Richard R. Donias, San Antonio Lawrence Garcia, San Antonio John Guerrero, San Antonio Tom M. Mendez, San Antonio John R. Wilson, Waco Clayton D. Reed, Burleson Matthew R. Folse, Dallas Morgan J. English, Brenham William H. English, Brenham James A. Venable Jr., Mart Royce Van Vleck, San Antonio Drew David King, Dripping Springs William C. Aikin, Talco Jimmy Lee Pond, Austin Thomas P. Landers, Georgetown
There was also a hearing for Ronald Atterbury, reported at Biker attorney challenges 'cookie-cutter' arrest warrants - Waco Trib - July 2, 2015. From the report, it reads as a bail hearing, but the questioning veered into probable cause. I think this was NOT an examining trial, at least not in Judge Johnson's view, otherwise the more recent reports would not included remarks about "how rare" examining trials are without mentioning Atterbury's hearing.
Atterbury's 2003 Harley Davidson is/was the subject of a forfeiture action.
There are a few other legal actions floating around, like two negligence suits vs. Twin Peaks (one for the estate of a dead biker, one by Don Carlos for loss of business); the complaint against Peterson pending in the Judicial Commission.
Feeding the Hussein-licking fascist trolls really muddies up the thread, and they enjoy as well as profit by it.
Let’s prevent one of their evil pleasures whenever we can.
07/31/2015 Reply brief filed Relator [Relator=Broden/Clendennen] 07/30/2015 Brief filed - oral argument requested State 07/29/2015 Supplemental petition for writ of mandamus filed Relator
The Examining Trial is at the end of next week. Right?
With the order to recuse Peterson, that date may be up in the air. I'd take that as the earliest.
I sure would like to find links to the briefs! Meanwhile, Aging Rebel will have to do.
Quite a contrast to what is happening in Cincinnati.
Some parallels too. The DA in both places is working to suppress information from the public.
The attorney representing Clendennen, one of the Twin Peaks defendants charged with engaging in organized criminal activity during a shootout between police, and members of the Cossacks and Bandidos Motorcycle Clubs, wrote to the U.S. Attorney and the Department of Justice saying that the allegations in the affidavit of warrantless arrest are defective because they specify no individual probable cause that he committed the offense. ..."I have also been provided credible information that Reyna and members of his staff were told by Waco Police Sgt. J.R. Price that the criminal complaints did not support most of the arrests and that other police officers refused to sign the complaints."
Found while searching for the reply brief filed by Reyna, in the gag order case, and Broden's response to the State's reply.
This is the first I've seen that some of the Waco police are alleged to have recognized the cookie-cutter affidavit as deficient. Looking forward to seeing the the Examining Trial judge follows my speculation, doubling down and finding probable cause where none exists.
If you feel like doing some "legal reading," Suits Against Public Officials in Their Individual Capacity | Federal Practice Manual for Legal Aid Attorneys gives the broad outlines with case citations for immunity to the judges and prosecutor involved in depriving a person of civil rights. The general rule is "absolute immunity for judicial/prosecutorial acts."
Previously posted this thread. Took eight years to get the probable cause ruling in a mass arrest.
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