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.
Sorry I was not trying to state something “out of context” to make a “contrary point”; only to point out that the Scimitars are not an “independent” third group, but a support group of one of the two groups, and in fact a sort of “farm team” for the Cossacks.
And since I had already heard that claim, I added that the prosecutor will have to prove that the third group is also engaging in a continuing pattern of criminal activity.
The claim that they are a "farm team" that supports criminal activity by the Cossacks is an empty accusation, without evidence. I don't know if it is true or not -- I'm just saying that posting it repeatedly without evidence doesn't make it so.
“The claim that they are a “farm team” that supports criminal activity by the Cossacks is an empty accusation, without evidence. I don’t know if it is true or not — I’m just saying that posting it repeatedly without evidence doesn’t make it so.”
“The Scimitars are in the process of patching over to the Cossacks.”
http://www.agingrebel.com/12873
I wrote evidence, not un-sourced statements from an anonymous blog.
Get back to me when you have some. Otherwise, go crawl back under your rock, troll.
Yes, read that earlier and thought the same thing. Not sure why others are not also seeing that, sometimes we have blinders on when it crosses our ideas. We must be aware that just because they have a official title does not make them honest. The higher up the ladder it goes seems the more corrupt it becomes.
“I wrote evidence, not un-sourced statements from an anonymous blog.”
Sometimes a variety of “sources” imply the same thing. Let us say in this case, that a variety of sources imply that the Scimitars are associated with the Cossacks.
If you have evidence that the Scimitars are NOT associated with the Cossacks, that would also be pertinent to the discussion.
Otherwise, it is as you said, up to the Prosecutor to prove the case. Other Freepers are free to post what they have found out about the association of the Scimitars to the Cossacks.
Theagingrebel is a motorcyclist and has been held up here by some as a responsible source. The article is prefaced with corrections he made after being contacted by cyclists that had been referenced in the first article.
Theagingrebel is one of the most anti-WPD sites out there.
“The black shroud the Waco Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives threw over the Twin Peaks Massacre 33 days ago leaks a little more light every day.”
http://www.agingrebel.com/13040
I'm not "some". If an anonymous blog was a reliable source, I could prove almost anything, from "aliens reside at area 51" to "the moon landing was faked".
I can understand your confusion about who might accept information from such a dubious source. But, if you were even the least bit honest, you wouldn't have posted something from that site without acknowledging the problems with it.
TL;DR: stop wasting my time with bogus citations like this. If you want to be taken seriously, start acting seriously.
Sorry, it doesn't work like that.
I'm not obliged to disprove your assertion. You want to make an accusation like that, then let's see your evidence.
Otherwise, you can pound sand.
Sorry, I should have included this in my reply.
"Association" doesn't mean "criminal conspiracy". Association can mean all kinds of things -- including the report repeated widely that the two clubs worked together to build a playground.
Texas statutory and case law establish specific criteria for prosecution for EOCA. Simple association doesn't meet the threshold. It requires agreement to engage in continuing criminal conduct.
And you should be ashamed of yourself for trying to lower the bar for "criminal conspiracy" to mere "association". I'd expect that from a reptilian troll, but I thought you knew better.
“I wrote evidence, not un-sourced statements from an anonymous blog.”
It is not anonymous. The writer of the blog is named and has written three books about outlaw motorcyclists.
The Scimitars rode in with the Cossacks.
The Scimitars wore Cossack support patches.
Two of the dead Cossacks were former Scimitars.
The Cossacks and Scimitars sure looked cozy in the after-shooting photos.
He doesn't bother to identify himself on his website:
http://www.agingrebel.com/about
http://www.agingrebel.com/contact
http://www.agingrebel.com/copyright-and-trademark
The last one is particularly amusing, since it contains this statement:
Under no circumstances, unless for a payment or series of payments to be negotiated and paid in advance, may any author or publisher reproduce or republish any original content from this page under any name other than the author’s name, which is Rebel, and which must be attributed as: “by Rebel, copyright The Aging Rebel, www.agingrebel.com” followed by the year in which that original content was published by the author – whose name is Rebel.
I finally followed one of the links from here:
http://www.agingrebel.com/buy-books
to Amazon.com, where he publishes under the name of "Donald Charles Davis".
Presuming that isn't a pen name, then yes, I'll accept it's not anonymous, although he seems to be trying to avoid identifying himself.
But, it's still not "evidence". He's been reporting hearsay as fact. I'm still waiting to hear actual evidence. The only thing that comes close is public statements by witnesses, but they are also the accused.
The Waco PD's story has changed so many times, that I no longer believe anything they say. If anything, I'm assuming anything they say is an intentional attempt to avoid the truth.
“Richard Hernandez, with Cossack Motorcycle Club, on left, Will Bradford with the Scimitars Motorcycle Club, bottom right wearing Cossack patch.
http://www.oaoa.com/community/article_a0815298-d31c-11e3-b929-0017a43b2370.html?mode=jqm_gal
Scimitar cut with “We Support the Cossacks” patch.
Take a look at #18! Is he serious?
http://www.freerepublic.com/focus/f-news/3304730/posts?page=18#18
“According to legal documents, some allegedly present during Sunday’s shooting were wearing Scimitar T-shirts and Cossack patches together. Others wearing Los Pirados paraphernalia were combining them with “support your local Bandidos” T-shirts.”
“The Scimitars rode in with the Cossacks.
The Scimitars wore Cossack support patches.
Two of the dead Cossacks were former Scimitars.
The Cossacks and Scimitars sure looked cozy in the after-shooting photos.”
LE segregated the arrested persons according to their preferred association based on their colors, etc., SO AS to not mix antoginists with each other. Yes, LE placed the Cossacks and Scimitars together, and I have not seen evidence to dispute their association.
“be ashamed of yourself for trying to lower the bar for “criminal conspiracy” to mere “association” “
I am not doing that. I am merely wondering what the Statute itself allows. Or does not allow. I have stated more than once that I am no fan of RICO-type statutes precisely because they can paint a broad brush.
This has to be a Bump. What Else Can One Say?
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