Posted on 07/01/2015 5:10:55 PM PDT by Prolixus
A Dallas attorney who represents Hewitt biker Matthew Clendennen filed an emergency appeal Wednesday seeking to lift a gag order a judge imposed in Clendennen’s case on Tuesday.
Clint Broden, in his emergency petition for writ of mandamus filed with Waco’s 10th Court of Appeals, argues that because his client has not been indicted, 54th State District Judge Matt Johnson had no jurisdiction to impose a gag order, which bars Broden, prosecutors, witnesses and police officials from publicly discussing Clendennen’s case.
The gag order violates Clendennen’s right to free speech and the judge’s findings to adopt the gag order are “insufficient to establish that any unidentified pretrial publicity in this case has risen to the level that it poses an imminent and severe harm to a fair and impartial trial,” Broden’s petition says.
Broden argues that, given the unique nature of the case, “which has 176 identical companion cases,” a gag order is likely to be ineffectual and is not the least restrictive means to prevent harm, the petition says.
“Whether real or perceived, there is a noxious odor surrounding the investigation by the Waco police and the McLennan County District Attorney’s office with regard to the Twin Peaks shooting and the wholesale arrest of 177 motorcyclists based on identical, fill-in-the-name criminal complaints,” Broden claims in his petition.
The petition charges that Johnson abused his discretion by imposing the gag order.
While Broden argues Johnson has no jurisdiction in the case, his appeal contains no jurisdictional questions regarding the judge’s granting of his request for a copy of video from the Twin Peaks franchisee of the May 17 shootout in which nine bikers were killed and 20 others were wounded.
The judge, however, placed the release of the video under a protective order, preventing Broden from making the video public.
Broden complains in his emergency petition that Johnson’s gag order does not cover the parties in the other 176 biker cases; the attorneys, including the DA’s office, in the other 176 cases; law enforcement as it relates to the other 176 cases; and witnesses in the other 176 cases.
Also, Broden’s motion says, the gag order is not clear if it covers statements relating to a federal civil rights lawsuit Clendennen filed in Waco’s U.S. District Court and does not cover a Dallas County lawsuit filed by Don Carlos restaurant against Twin Peaks over loss of business after the shootout.
In response to Clendennen’s emergency appeal, the 10th Court could:
Deny the petition outright,
Seek a response from all interested parties, giving them time to file their responses, and/or
Issue a temporary order to instruct the judge not to enforce the gag order until the court considers the responses and rules.
If the 10th Court denies the petition, Clendennen then has the option of filing similar pleadings with the Texas Court of Criminal Appeals in Austin.
Here’s the thing. The Free Republic is a true conservative site and the true conservatives believe in law and order along with everyone living by one set of laws; the US Constitution.
I would venture to guess 99% of us believe most cops are good and decent which is why when something like this happens; it feels like a back stab. This isn’t how good LEO’s operate. For all we know; every LEO there was good and decent and just made the mistake of following some very bad orders. All that has yet to be determined.
At some point in the NEAR future we need honest answers to this fiasco that left 9 people dead and another 18 wounded by gunfire. It really isn’t anymore complicated than that.
Honest answers about who shot whom in the span of just 2 minutes and why another 177 people on top of those 27 had their lives ruined because of it.
For those who keep saying the bikers are/were criminals, etc; none of that is at issue here. As a LEO you don’t get to be the judge, jury, and executioner regardless of how you feel about anyone. If that were the case we wouldn’t need lawyers, judges, and grand juries.
A LEO’s job is simple. Uphold the law. That’s it. LEO’s don’t get to choose which laws they want to uphold. They don’t even have the luxury of having an (open) opinion about who they are asked/told to protect or arrest. That is for others to do.
Here is what I don’t get about some of those who have been trying to justify what happened on the LEO side of that fateful day that left 27 people either dead or wounded.
LEO’s are civilian counterpart soldiers in a way. They have an extremely difficult job without all this drama. Why would they pile on those who would normally support them by blowing them away or wounding them? Bikers are on average some of the most patriotic and lawful folks in America. We generally support Law Enforcement because many, if not most, of us have been in uniform before and respect the job LEO’s do.
If this isn’t resolved correctly; LEO’s will no longer be looked upon as the good guys like they have for so long.
The tables will have been turned and LEO’s will be the guys who shoot innocent people. In other words; shoot first and ask questions later. That’s a huge shift in Law Enforcement as we know it. Not just for us non LEO’s but for the LEO’s too.
I have to wonder how many LEO’s will stay in Law Enforcement if this is the new normal for them.
If I were a LEO; I would want the truth to come out on this issue even more than I do as a motorcycle rider.
It’s a tipping point issue at this point; wouldn’t you agree?
Exactly!
“Whitewash crew?” You are too kind. I think of them as maoists. They’re waiting for their talking points - maybe Twitter is down at the moment. Prepare to be denounced.
“If I were a LEO; I would want the truth to come out on this issue even more than I do as a motorcycle rider.”
From some of the bikers at the scene:
Bikers on the scene commend the police for their actions.
Peter Graves, Bandidos officer and TCOC president at the Waco shooting, says they respect the police for doing their job.
https://www.youtube.com/watch?v=q_sCRg69TQE
(Big John Snyder, Vice president of the Boozefighters at the Waco shooting) “The police were professional, considering the situation they were in. They were professional and doing their job,” he said.
http://www.latimes.com/nation/nationnow/la-na-nn-waco-biker-20150519-story.html
We have also heard from a biker family member that the police probably saved lives at Waco.
“I would venture to guess 99% of us believe most cops are good and decent which is why when something like this happens; it feels like a back stab. “
Can’t quite make out what you are saying. The cops have been stabbed in the back by being labeled executioners for stopping a gang war?
Nah, Per federal employee Union contract they are on break. Give them 45 minutes
That should give them time to get in their 20 minute break in. ;)
I’m going to break my own rule and respond to you on this one.
TG; it isn’t possible for me to explain anything to you about this issue. I could write a book explaining how wrong you are on every single point but you would not understand a single syllable.
You simply aren’t smart enough to understand basic logic or common sense.
I really feel for you in a way. I can’t imagine going through life without the ability to understand normal thinking.
FWIW; I hear frontal lobotomy’s are doing some good for people with your condition.
Just sayin’...
“TG; it isn’t possible for me to explain anything to you about this issue. I could write a book explaining how wrong you are on every single point but you would not understand a single syllable.”
I am just the messenger bringing to you the views of the bikers at the scene of the Waco shooting. If you have a problem with what they say, take it up with the Bandidos and Cossacks.
“You simply aren’t smart enough to understand basic logic or common sense.”
1. Bandidos and Cossacks were warring.
2. Bandidos and Cossacks bring members from all over the state to the meeting in Waco.
3. All bikers interviewed say the bikers started shooting.
4. Several bikers interviewed say police did a responsible job.
Basic logic and common sense yield only one viewpoint.
“I really feel for you in a way. I can’t imagine going through life without the ability to understand normal thinking.”
LOL! If it makes you feel better to feel sorry for me, you have my blessing.
I have to commend you, most of that post was very well thought out.
The trouble is when you noted “Bikers are on average some of the most patriotic and lawful folks”, which is undoubtedly true, except within the specific situation at Twin Peaks.
Those arrested, had bond set and were not released uncharged, were either active participants, armed, held on prior charges or appeared to be involved (suspicious actions, appearance, etc). From eye witness reports there was a significant number of people stashing weapons and trying to hide. Given all the inter-gang shooting going on, of course the smart thing to do would be try to hide, but that also could be perceived as suspicious.
This shootout was indeed a BIG DEAL, with 9 dead and 20 wounded. Even WPD, likely the DA’s Office and courts were pushed to their function limit.
Now, once the pre-trials and trial start, if we are all still in the dark, then yes we could be having a Constitutional problem, but to jump to the easiest conclusion gets nowhere.
Most of us here want this to be resolved so those innocent are freed and there is no chance one of the actual shooters or someone likely to continue the war will be released to endanger the public.
LOL! World War G, starring Brad Pitt...
I'm confused. Did they lock up the guys in the Magic Suits that were free-firing M-4 assault rifles into the crowded parking lot?
If they didn't, the public is STILL "endangered". We still don't know if one or two guys got shot & killed, and then the rest were executed by trigger-happy Gear-Queers, because we're getting Janet Renoed by the Authoritays.
“I’m confused.”
Your honesty is appreciated.
“We still don’t know if one or two guys got shot & killed, and then the rest were executed by trigger-happy Gear-Queers, because we’re getting Janet Renoed by the Authoritays. “
Bikers on the scene commend the police for their actions.
Peter Graves, Bandidos officer and TCOC president at the Waco shooting, says they respect the police for doing their job.
https://www.youtube.com/watch?v=q_sCRg69TQE
(Big John Snyder, Vice president of the Boozefighters at the Waco shooting) “The police were professional, considering the situation they were in. They were professional and doing their job,” he said.
http://www.latimes.com/nation/nationnow/la-na-nn-waco-biker-20150519-story.html
We have also heard from a biker family member that the police probably saved lives at Waco.
I have been called to a Grand Jury on July 8th
Should I wear a confederate flag shirt or what, lol
“Also why was there enough police there to arrest 177 before anything ever happened. “
Because they got word that the Bandidos and Cossacks were bringing members into Waco from all over the state. Very unusual for them to do that. Obviously something was up considering that the two gangs had had several violent episodes in the past year.
We missed you on a couple of these threads over the last few days. Giving the other screen name a workout? ;-)
Don't drop your Blue pom-poms while you're typing your answer...
I used to feel sorry for Hercules and his tending of the Augean Stables, till I saw a thread visited by the gator...
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