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.
“If you don’t understand and accept this was a regular political action meeting,”
ROTFLMAO!
Why you haven’t been given a 20 year time out is a real mystery. One wonders why...
You clearly have the mentality of an indoctrinated Antifa child so why are you here except to cause hate and discontent.
Oh wait!
What’s the matter; was one of the other kids in the sandbox mean to you? Those 5 year olds can be really vicious at times. Was it your curlers? Your dress? The ink on the end of your blond hair? Was it because you were 22 and still in kindergarten? You were a little out of place you must admit.
“You clearly have the mentality of an indoctrinated Antifa child so why are you here except to cause hate and discontent.”
Why does my factual anti-gang posts cause you so much hate and discontent?
Never mind. You never engage in a two-way conversation.
“Was it because you were 22 and still in kindergarten? “
Vietnam was not exactly kindergarten ...
“Well the gangsters here have badges.”
Are you calling cops gangsters? BLM is over there.
“Was it because you were 22 and still in kindergarten?”
By the age of 23 I had also been to The Philippines, Guam, Japan, Korea, Hong Kong and more.
You? Flagstaff?
At 24 I was hanging out on the seat of my motorcycle on the streets of Oakland.
At 26, I rode cross country from Washington State to Florida.
“Wiping away tears after the hearing, Harrison said her son has brain cysts that cause seizures and the family needs Kemp at home.”
If he had stayed home ...
Yes, we all know that Sagar believes that religious looks need to be burned alive in their little enclaves. Saver has made that clear.
But the rest of us disagree.
Elaborate on how you believe that was okay Sagar.
And don't try any bullsh!t bluster.
The Waco BATF at the restaurant here is the same BATF that was determined to get rid of the Branch Dividians.
You are the guy who said that doesn't matter. Explain how it doesn't matter
ROTFLMAO!
You have totally lost it!
You can call me ‘Sir’.
” I’d shoot you through the brain”
Interesting. That’s what the gangsters at Twin Peaks did.
Please stop the threats, dude.
“I feel like I need a mental shower ...”
Reading the garbage you post I have to agree.
Nasty woman or just ‘dog’ is far more appropriate now go away kid. You’re bothering me.
This forum desperately needs an ignore feature so people like you are banished to the nether regions of hell where you belong.
Well, dog, unless you are admitting to the world that one, you are a dog, and two, you are my dog, then there is no threat other than the fantasy in your sick, damaged, insane, and twisted mind of mush.
Now run along dog; go fetch but don't come back.
“This forum desperately needs an ignore feature so people like you are banished to the nether regions of hell where you belong.”
LOL!
Dude, YOU are the one making multiple posts to me!
Seriously, you are one sick dude wanting to shoot me through the brain just because I donto support gangs ...
Wanting to shoother dogs and people through the brain is a sign of either a serious sickness or being a member of a gang.
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