Posted on 06/26/2015 8:49:35 AM PDT by don-o
A Dallas attorney who is seeking the video of the May 17 biker shootout from Twin Peaks filed a motion Friday to sanction the city of Waco for filing what he called a “frivolous” motion to quash the subpoena for the video.
Dallas attorney Clint Broden, who represents Matthew Alan Clendennen, a member of the Scimitars Motorcycle Club, obtained a subpoena for the shootout video Monday and said Patrick Keating, a Dallas attorney who represents the Twin Peaks franchisee, had agreed to honor that subpoena on Friday morning.
Broden, other attorneys and many from the general public have called for the city of Waco to release the video since shortly after the Sunday afternoon melee.
Broden said he needs the video to help prepare for an Aug. 10 examining trial McLennan County Justice of the Peace W.H. “Pete” Peterson has set in Clendennen’s case.
On Thursday, Waco Assistant City Attorney Judith Benton filed a motion asking 54th State District Judge Matt Johnson to throw out the subpoena, saying Broden was trying to “circumvent the criminal discovery rules by seeking records in a criminal case from a nonparty.”
Broden was in Johnson’s court Friday morning and said he expected Keating to honor the subpoena unless the judge ruled otherwise. Johnson scheduled a hearing to consider the city’s motion to quash the subpoena for 9 a.m. Tuesday. Benton, who also was in court Friday morning, declined comment on the proceedings and on Broden’s motion to sanction her or the city.
Broden said in his motion that the city has no standing to intervene, saying the “video in question belongs exclusively to the Twin Peaks franchisee and that the city of Waco has no ownership interest in the video whatsoever.”
He claims the city is circumventing the rules of criminal procedure and asks the judge to sanction the city or Benton in the amount of Clendennen’s attorney’s fees, which the motion did not specify.
Clendennen, of Hewitt, was one of 177 bikers arrested after the shootout that left nine dead and 20 wounded.
Benton said Thursday she was contacted by Twin Peaks representatives about the subpoena. 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 said it is “troubling” that the city is seeking to “suppress the video.”
“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.
Broden says in his response to the city’s motion that the video will support Clendennen’s defense that he did not “participate in nor encourage any violence” at Twin Peaks.
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.
Thanks for keeping us informed.
We should be very concerned about government officials that are more concerned about protecting themselves than the rights of all Americans. Of course if these guys had Confederate flag underwear , etc on then the media would give the police carte blanch and consider them guilty of every PC crime in the book by association.
We need to put equal justice for all on a pedestal, and demand that those who claim to serve us do it transparently based on our Constitution without regard to political correctness, or their own whims.
It’s not the crime, it’s the coverup.
Although in this case, it might also be the crime.
Anyway, there’s definitely a coverup.
Exactly!
Cops are going to prison over this travesty, and maybe Feds too.
But that’s why they are taking so long. Trying to figure out how to save themselves. And remember, they have all the evidence in their hands. Busy cleansing. Busy, busy, busy. Day and night. Working overtime. Busy, busy, busy, busy.
Broden is the only attorney making waves. Hope he’s doing it pro bono or Clendennen is more wealthy than he appears. Brave man considering the times we’re living in.
>>> On Thursday, Waco Assistant City Attorney Judith Benton filed a motion... <<<
Oh look! The Waco DA has a scapegoat in place!
This is all grandstanding. They’ll get the video in discovery, just like every other defendant.
Lawyer has filed for an Examining Trial for his client. Challenging probable cause.
Won't happen. I'd bet a $10 donation to FR on it, but we won't know the ultimate outcome for probably 3 or more years.
Thinking the same thing, but they have something on their side that is keeping the lid on it. Praying it busts wide open and we see some light shined on it.
attorney Clint Broden, who represents Matthew Alan Clendennen, a member of the Scimitars Motorcycle Club, obtained a subpoena
Which court has decided to enforce such subpoena? It appears this OBG ambulance chaser issued his own subpoena, which ASKS a court to grant summons if the ambulance chaser’s subpoena has merit.
Now, we all understand that OBG sympathizers either do not have much understanding of legal procedures or maybe just option to ignore, but unless I am proven wrong only a judge can cause enforcement of subpoenas, otherwise its nothing more than a lawyer’s REQUEST without force of law.
Are you posting this thread in hopes, again, to fool others on the facts of this OBG shootout case?
“Cops are going to prison over this travesty, and maybe Feds too.”
I’ll bet you a Texas T-Bone they won’t! You’d think the Texas governor and AG would have already been all over this Waco thing. Nothing. Not a peep.
Go play on the freeway.
http://www.freerepublic.com/focus/f-news/3303667/posts
Quoting your post 32 - “If I have an “irrational sympathy” for anything, it is for the Constitution.”
Very noble of you.
Replied on post 33: Then state where you see the Constitution abridged with consideration to the shoot-out at Twin Peaks. I’ll be happy to agree or state where I see you incorrect.
Cat get your tongue? Or are you busy sniveling to Mods about being ‘disrespected’ AGAIN?
You hide behind the Constitution, but run away from it when asked to point out which Rights have been denied to your criminal bike gang brothers? Could it be their Right to terrorize and intimidate law abiding citizens? Or their Right to practice organized crime? To sell drugs? Commit violent assault and murder?
Quit being shy. Speak up, no one can hear you.......
Begone Flamer Troll. Before someone drops a house on you.
“This is all grandstanding. They’ll get the video in discovery, just like every other defendant.”
Yes. The examination trial is scheduled for August 10. By then he will have to be indicted or released. If he is indicted, the examination trial process is terminated.
“Are you posting this thread in hopes, again, to fool others on the facts of this OBG shootout case?”
Do we really even need to ask that anymore?
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