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.
“No, a grand jury has the power to subpoena witnesses and review the evidence. Whether they choose to do so is up to them.”
Your post makes no sense in regards to my post. We were discussing discovery by the defendant. Evidence provided to the GJ are not provided to the defendant until after he is indicted.
“Sorry, no. As I posted above, simply showing up at the restaurant doesn’t mean anything unless you can prove that the accused knew that was the intent.
The fact that a crime occurred isn’t sufficient proof. You have to show prior knowledge of the intent to commit a crime.”
The prosecutor will have to show more than just being there. He will have to link past activities of the gang feud to show that conspiracy to ‘eliminate’ the other existed.
“They have not been able to convict 115 of those charged with committing any crime before 5/17. Why does that NOT raise a red flag? “
OMGs are known for recruiting those without a police record. New members are ‘encouraged’ to obtain CC permits.
I didn't say anything about providing evidence to the defendant:
So, now you have graduated from mis-representing the grand jury process in Texas, to mis-representing what I wrote. I'll give you a pass this time, as we all fail at reading comprehension occasionally.
Do it again, and I'll start the process of getting you banned altogether.
So much for, “Don’t mess with Texas!”
Hell, Texans were killed, jailed, held on $1 million bond, bikes stolen for auction, and...nothing. Not a peep out of Texans.
What did we learn boys and girls? Not only can you mess with Texans, you can kill them, jail them, rob them, steal from them, and they’ll walk off with their tails between their legs.
“OMGs are known for recruiting those without a police record. New members are ‘encouraged’ to obtain CC permits.”
If they don’t have records how can they be outlaws? And please prove your assertion about new members. Cite something specific.
“It was dumped in his lap.”
No, it wasn’t. The DA didn’t have to continue the cop’s bad act, they he/she did.
Didn’t one of the DA’s also try to force those arrested and held on $1 million bond that they could get out if they signed that they would not sue the DA??
And, the prosecutor will have to prove that the accused was aware of this feud, and agreed to participate in the 'elimination'.
He won't be able to do that unless someone else is willing to testify to that effect. Since this particular accused isn't even a member of either of the two groups that are allegedly feuding, the prosecutor will also have to prove that a third group agreed to participate in the feud.
No, that turned out to be an unsubstantiated rumor, or at least a "he said, she said" dispute between two competing defense attorneys.
“Didn’t one of the DA’s also try to force those arrested and held on $1 million bond that they could get out if they signed that they would not sue the DA??”
No. That was debunked weeks ago. Seems one of the biker lawyers made it up. Another biker lawyer said they were going to file with the state bar for his unethical conduct.
“So, now you have graduated from mis-representing the grand jury process in Texas, to mis-representing what I wrote. I’ll give you a pass this time, as we all fail at reading comprehension occasionally.”
I did not misrepresent the GJ system in Texas.
I reposted that comment for your convenience. I'll do so again, and deconstruct it so you might be able to understand:
A prosecutor may immediately seek an indictment, if someone exercises their right to an examining trial. But, that means the prosecutor must "show their hand" to a grand jury, and will have to show the evidence against Clendennen, individually.
Moderator: TexasGator has been a persistent troll on threads discussing the incident in Waco, posting disinformation and now is now resorting to mis-representing my own postings, despite the evidence right in front of him.
If this were an isolated incident, I'd let it go. But, you can review his posting history, and decide for yourself if he should be allowed to remain.
Of course you did.
Has anyone noticed the similarities between the Baltimore DA and the DA involved in the Waco incident. Talk about irony!
http://www.cnsnews.com/commentary/david-limbaugh/marilyn-mosby-guilty-what-she-seeks-condemn
One goes after LE unfairly and the other goes after civilians unfairly by LE. You just can’t make this stuff up!
OWWCH. Too true.
1. A person agrees with one or more persons
2. that they OR one or more of them engage in conduct that would constitute the offense
3. and THAT person and one or more of them perform an overt act in pursuance of the agreement
The overt act in the third provision above does not have to be a criminal act, for the conspiracy charge. It can be an act of aid or support to those who do engage in the offense.
The offense and the overt act are two different things, as I read it.
In which case, riding in a support club of the Cossacks does provide support to the Cossacks in this event.
The party has performed an overt act along with others.
That leaves: agreement with one or more that they OR one or more of them [OTHERS of the organization?] engage in conduct that constitutes the offense. The offense here let us say is performed by other Cossacks rather than the “conspirator” personally.
So that leaves: agreement with one or more . . .
I am WONDERING what constitutes agreement? in this situation.
COULD agreement be inferred by riding in support of the Cossacks when called upon to do so, without personally knowing in advance of the offense?
COULD agreement be inferred because part of being in the group IS agreeing that you will ride when called KNOWING you will not necessarily be told why you are riding?
Is “not knowing” a viable defense against: the probable cause? the charge? an indictment? guilt or innocence in a trial?
I don’t have a clear picture of what agreement is in this case.
Aren’t RICO-type statutes worded on the basis of inferring “guilt by association” — given the above three conditions hold for the person charged with conspiracy?
If so, the outrage should be at the statute.
If not, the DA does have that big mess tossed into his lap.
“this particular accused isn’t even a member of either of the two groups that are allegedly feuding”
Scimitars are a Cossack support club. Matthew Mark Smith who was one of those killed, was a recent Cossack, formerly Scimitar. He “graduated” in time to get killed.
The prosecutor has to establish intent to engage in a "continuing course of criminal activities".
Simply riding to the restaurant is not a criminal act, unless it can be proved that the accused intended to commit a criminal act at the restaurant.
Even if the accused spontaneously commits a criminal act at the restaurant, the EOCA requires prior intent.
I addressed that in the part of my posting that you snipped out.
Sorry, but posting out-of-context quotes to make a contrary point isn't going to win you any friends.
I've heard the claim about "support clubs". Unless the prosecutor can prove that another club is also engaging in a "continuing course of criminal activities", then it's an empty threat.
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