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.
Matthew Clendenan’s bail was $100,000 not $1,000,000 which puts him in the middle of the pack in terms of how ‘serious’ his supposed crime was.
He’s a full patch member of an MC closely aligned with the Cossacks, he was occupying the reserved patio area at Twin Peaks wearing his colors on May 17th, and he more than likely acted in concert with the other Cossacks and their supporters when the fight broke out in the parking lot.
More than enough probable cause for the arrest and the charge without the viseo.
“Some on here believe as long as they are said t be gang members it is o.k. that they are getting their just deserts. They do not have the intelligence to understand that if they can do that to gang members, should the desire to do so, they can do it to them. But that is the way it goes.”
The gangs were lucky the cops were there to stop the slaughter.
Go back and look at 133 and 129. This dude is unreal!
(Smith sees the light ... also, 166 of 177 arrested are out of jail)
“Smith said “it all changed” when the Cossacks decided to put “Texas” on the back of their vests, intensifying mounting tensions with the Bandidos, who view Texas as their territory.”
Anyone know if they quashed this supoena?
I haven’t seen anything posted to that effect.
Smith declined to discuss the events of May 17 on the advice of his attorney, Melanie Walker, including why he was here and what he did. But he did say he was not armed that day.
It sounds like Smith got much better legal advice than Clendennen about making public statements.
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