Dallas Attorney Clint Broden, who is doing most of the heavy lifting in the Twin Peaks case, filed a motion for sanctions against the city of Waco this morning.
Broden, acting on behalf of his client, a Scimitars Motorcycle Club patch holder named Matt Clendennen, subpoenaed the “video or set of videos taken by the Twin Peaks restaurant in Waco, Texas on May 17, 2015.”
Broden wrote, “The subpoena is necessary and material to assist (Clendennen) in his upcoming examining trial set in this case as well as in connection with a pending motion to amend his bond conditions. Undersigned counsel had previously discussed the contents of the video with the attorney representing the Waco Twin Peaks franchisee, Patrick Keating, and was told that the video is consistent with Mr. Clendennen’s defense that he did not participate in nor encourage any violence on May 17, 2015 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.”
The subpoena was served yesterday on Patrick Keating, who is the attorney for the former Waco Twin Peaks franchise. Keating “agreed to accept service of the subpoena and has the video in his possession” but the city of Waco immediately filed a motion to quash the subpoena on the grounds that the video relates “to an open criminal investigation.” Waco, has taken a grotesquely North Korean attitude toward evidence in the case. Given the totality of what is known about the Twin Peaks Massacre – it is impossible to understand what motivation Waco officials have except to protect their own reputations, fortunes and liberty.
Many Secret Videos
In a bond hearing a couple of weeks ago an Assistant District Attorney named Michael Jarrett made numerous references to video of the incident. The Waco Tribune-Herald breathlessly described Jarrett’s assertions as “revelations” and “detailed glimpses…of what occurred.”
Jarrett said that some video – he didn’t say which one it was, or who shot it, or where it was as he spoke – showed members of the Cossacks Motorcycle Club “spreading out across the patio in sentry positions.” He alleged, “The video clearly shows Bandidos executing Cossacks and Cossacks executing Bandidos, some at point-blank range.”
On May 20, The Associated Press reported it had seen the video Broden subpoenaed. The AP reported: “only one of the dozens of bikers was seen firing a gun from the patio of the Twin Peaks;” “when gunshots start at 12.24 p.m. on the video most bikers, other patrons and staff immediately run away from the windows and into the restaurant’s interior;” “at least three people can be seen holding handguns;” “One camera angle shows bikers running into the men’s bathroom. When there’s no space left in the bathroom they dash toward the kitchen.”
The motions Broden filed today ask to court to compel Keating to comply with the subpoena and note that “it is clear…that Mr. Keating has been bullied into a Catch-22 position by the City’s Motion to Quash.”
Broden also wants the court to, “impose sanctions against the City of Waco and/or its attorney for filing a frivolous motion in this case without any legal standing in order to attempt to thwart the subpoena process set forth in the Code of Criminal Procedure and in order to thwart Twin Peaks from producing the video in question to Mr. Clendennen so that Mr. Clendennen can begin preparing his defense for the examining trial set in this case. The sanctions should be in the amount of any and all attorney fees that Mr. Clendennen is forced to spend to defend against the City’s motion to quash and in his efforts to enforce the lawfully issued subpoena which the Twin Peaks franchisee has indicated it would comply with absent the interference from the non-party City.”