F. Clinton Broden, the Dallas lawyer who is representing Scimitars Motorcycle Club member Matthew Clendennen in a federal civil rights lawsuit against the City of Waco and McLennan County, served a subpoena today for the video taken by the Waco Twin Peaks restaurant on May 17, 2015. Broden wants the video by nine o’clock tomorrow morning. He is probably not going to get it.
The City of Waco almost immediately filed a motion to quash the subpoena. In legalese the motion reads:
“Now comes the City of Waco, Texas, non-party to the above cause, and files this Motion to Quash the subpoena duces tecum served on Patrick Keating, attorney for Chalak Waco TP, LLC, the franchise license holder for the Waco Twin Peaks. Waco makes this Motion to Quash on the basis that: (1) Defendant is attempting to circumvent the criminal discovery rules by seeking records in a criminal case from a non-party; and (2) the records sought under the subpoena duces tecum relate to an open criminal investigation…. Defendant’s subpoena is contrary to rules of discovery governing criminal matters pursuant to Article 39.14 of the Texas Code of Criminal Procedure. A criminal defendant’s right to pre-trial discovery is limited by Article 39.14 which requires Defendants to obtain documents that constitute or contain evidence from the State. Police reports and other materials in possession
of a police department are not discoverable from non-parties….
In a press release issued this afternoon, Broden wrote:
“It is troubling that the City of Waco would go to such lengths to suppress this 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 continued, “Waco has not only sought to suppress the video but the Waco Police also seized the cell phones of many non-bikers who were present at or around Twin Peaks on that day. Think of the many police incidents in the last six months and imagine if the police had been able just to seize the citizen cell phone videos in those cases.”
Broden said he had been contacted by Melissa Karin (who is represented by Waco attorney Hamilton Lindley) who had her cell phone and purse seized by police on May 17 and then had to crawl through the window of her house upon returning home because her purse contained her house keys.
“The video will show what the video shows, so why can’t the public see it,” Broden asked. “In the United States we encourage transparency over secrecy and the public has a right to decide for themselves whether the police engaged in wholesale constitutional violation on May 17.”
The video Broden subpoenaed is probably the only one anybody will ever see. The Waco police, the Bureau of Alcohol, Tobacco, Firearms and Explosives and other police forces meticulously seized every possible video source. The video evidence that most directly contradicted the official police narrative was probably transferred to ATF custody the first week and sent someplace where it could be easily misplaced. The remaining, less dangerous videos were transferred to the custody of the Federal Bureau of Investigation. An informed source told The Aging Rebel it would be very unusual for the FBI to collect video evidence from the Twin Peaks crime scene “for processing” unless “they have assets on the case.” Even if the FBI is being honest about their part, if any, in the Twin Peaks Massacre, “due to the backlog at the FBI lab, it would likely be 6 months” before any of the video in FBI custody would be released to anybody.
The Waco police have announced that the ATF has all the ballistics evidence collected at the scene over a period of three days. Officially, that evidence amounts to about three score cartridges. If there were “hundreds” of shots fired, as many eyewitnesses have alleged, there will be no hard evidence that those shots were actually fired.
There is also the matter of the nine missing autopsies. Do you know where they are? Nobody else does either. Which laboratories have them? Why are they incomplete? If they stay missing, or if they eventually reappear and say that all the dead men died of the flu, are the dead men’s families really going to have their loved ones exhumed?
What happened in the Twin Peaks parking lot on May 17 was probably an ATF operation gone very wrong. The Aging Rebel has communicated with an informed observer in Texas who suspects it might have been an FBI operation and the ATF “came along” to take the heat in case something went wrong – which it clearly did.
So far the Waco police and the department’s puppet masters have successfully silenced for weeks everyone who was there that day. During the first two weeks after the Massacre numerous news accounts appeared that characterized the incident as an ambush of the Cossacks Motorcycle Club by members of the Bandidos Motorcycle Club. Sometime after public interest in the case began to wane and now, all of the hard evidence appears to have melted into air, into thin air.
And now, all the defendants seem to have lawyered up and their lawyers have told them to shut up. The defendants, most of whom are completely innocent, simply want this nightmare to end. It is telling that so far only Clendennen has filed a federal suit for false arrest. Most of the defenders seem reluctant to rock the boat. There will inevitably be plea deals that will include “statements of fact” that will be used to reinforce the official narrative – whatever the official narrative eventually turns out to be.
That’s how justice works. That’s what “justice” means.
Just last week, police propagandist W. Patrick Swanton wrote on the department’s Facebook page, “I have begun to realize there is a group of individuals who regardless of what we say will have a tainted picture of what actually happened at Twin Peaks”
“Some think we can release everything at this point but that is simply not the truth. This is real life and not a made for TV movie.”
“In the early hours of the incident we put out as much as possible in a very fluid situation to inform our public. We immediately corrected any information if need be as we learned more during the investigation. That is not any indication we misled anyone.”
Any minute now, Waco is going to get a big old federal grant and Swanton is going to get nominated for a Pulitzer Prize. That’s where Waco is headed.