Options limited for replacement prosecutor for Twin Peaks

KWTX ^ | 10/30/2017 | Paul J. Gately

[Elderberry]

Since McLennan County District Attorney Abel Reyna has voluntarily disqualified himself and his office from prosecuting a pending Twin Peaks case, a new prosecutor must be appointed in his place, but who might that be?

Reyna recused himself, and therefore the rest of his office, from prosecuting the state’s case against Matthew Clendennen last week after Clendennen’s lawyer successfully argued Reyna would be called as a witness in his case and under state law, would be prohibited from acting as an attorney in the same case.

Clendennen, of Hewitt, is charged in connection with the May 17, 2015 shootout at Waco’s Twin Peaks Restaurant that left nine dead and more than 20 injured.

Section 2.07 of the Texas Code of Criminal Procedure provides: “(a) Whenever an attorney for the state is disqualified to act in any case or proceeding, … the judge of the court in which he represents the state may appoint any competent attorney to perform the duties of the office during the … disqualification of the attorney for the state.

Section 2.07 Para. B goes on to say if the attorney appointed already is a state’s attorney, the special appointment is to be considered part of his regular duties.

But if the attorney appointed is a private or retired attorney, he is to be paid at the same rate as any attorney appointed to defense of an indigent person.

So, someone has to be appointed to prosecute the case for the state, and it can be anyone who is a qualified attorney, not necessarily a prosecutor, but not someone out of Reyna’s office.

[MileHi]

i dint really think i needed a tag...

I see that, lol. Some actually think that

[Chode]

heh heh heh heh