“video would show that he did not conspire”
Wondering how the video could show he did not “conspire”?
“video would support Clendennen’s defense that he did not “participate in nor encourage any violence” at Twin Peaks.”
But for probable cause for conspiracy, he need not be alleged to have personally committed a criminal act.
Don’t blame me or the cops or the DA, that is the law under which he was charged.
Also note that the Cossacks and Scimitars need not have been previously listed as an organized criminal gang for the conspiracy charge. The requirement is three or more etc., not three or more from an organization on a specified list.
I have said before, I am no fan of RICO-type statutes, and deem they would not be necessary in a civilized free society in which there were no organized criminal gangs preying upon innocent citizens and society. The modus operandi of criminal gangs themselves made it seem necessary for legislation to reach persons inside the criminal organization and bring them to justice.
Not liking the law itself is one thing. Legitimately wondering how it might be applied to the events at Waco is another thing.
I am interested in any light which can be shed on the later.
You’re right. The conspiracy piece is worded in such a way that wearing certain patches is conspiring. So, perhaps I was wrong in guessing what Broden wants to do with the video toward exonerating his client.
After all, The DA can keep them all on the hook for 90 days while they investigate this massive conspiracy that 177 cooked up to meet on a Sunday morning and murder people under the watchful eyes of the Waco PD, the BATF and the Texas DPS.
But those laws were intended to be applied to criminals who had already done criminal acts or ordered others to do criminal acts. We know that 115 of the 177 arrested on 5/17 had no convictions, so in the law's eyes they are not criminals.
There is a guide from a Texas DA on when the Texas Organized Crime law may and may not be ADDED to other charges. In every example. it is an added charge. Seems to me that Waco got the cart before the horse. Charge everyone with conspiracy and no one with anything else.
Three’s the key … but you’ll need more
It is this very fact that bothered me from the very start and continues to do so.