Broden Strikes Back

June 26, 2015

All Posts, News

Broden Strikes Back

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.”

Today’s Motions

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.”

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43 Responses to “Broden Strikes Back”

  1. Paladin Says:

    And so begins the financial dismantling of Waco and its political machine. As a back up position, it might be prudent for Waco’s elected and appointed officials to begin mastering the ability to multi-task while mastering the art of burger flipping. Customers might want fries with that.

    Long May You Ride (to those that deserve to),


  2. Ol'LadyRider Says:

    I will definitely want fries. And an apple pie.

    Good luck, Mr. Broden, and thank you. Your actions will set the stage.

  3. WheresMyBoots Says:

    Can’t wait for a motion to cough up all confiscated cell phones and related video.
    Respects there Mr. Broden, and thanks again Rebel – real fine work.

  4. Calvin, John Says:

    Meanwhile, innocent men are remaining in jail for another weekend while vile corrupt men remain in positions of power and authority. 5K per Day right? Hope so. But, who among us is next if this farce festers? AR: Well done as always.


  5. CH Says:

    A real shame there are not more attorneys with balls like Clint Broden.
    One would think Wacko would be under siege by lawyers long before now.
    A sad commentary of just how afraid to question authority the American populace has become.


  6. Johnny D Says:

    It appears the city of Waco has taken the position that they are the arbiters of the law. They seem to believe that 228 years of judicial precedence don’t apply in their special enforcement zone. I wouldn’t hire them to flip burgers, they may try to decide which customers are allowed to order burgers. Thanks again Rebel.

  7. Bone Head Says:

    Hopefully Mr. Broden has someone watching his back. Yes; you could trust the Waco Fuck Department just that much.


  8. Ol' Goat Says:

    All current LEO’s reading this weigh in here if you would be so kind:

    Where do you draw the line? Is there anything that a legislature would pass that you would not enforce?

  9. Phuquehed Says:

    I’m with CH, where’s the fucking lawyers coming to take up the same guns that Broden is to help all those still in jail simply because ‘they were there’?

    Cannot someone go into the jail and visit one of those that are locked up and tell them to join up with a bunch of others and all have Broden be their lawyer also? It seems to me that it would be a win-win for Broden, as he’d get paid well no matter what, and a shitload of others besides one man would be getting the same good lawyer with some guts standing up for *all* of them and not just that one man.

    The few times I’ve ever been in the slam I just let the shit happen and took whatever happened, I’m just presuming and hoping this can be done.

  10. Anonymouse Says:

    Those guys are clearly assholes, but anybody can post anything they want on the inter webs. I don’t think they’re representative of most vets on this subject. They’re like-minded individuals who flock together on that site.

    My husband is heavily involved in vet causes and social media, and to a man (biker or not) all the guys in his network have seen Waco II for what it is from day one: the cops taking advantage of a fight and massacring several people.

  11. Sieg Says:

    Wonder where all that video evidence is being held…my bet is that it’s in the same processing department that handled Dave Burgess’ confiscated external hard-drive.


  12. Wrangler Says:

    @ Sieg – don’t forget the contamination of the chain of evidence as well.


  13. old & stoned Says:

    there are 2 recordings, interesting eyewitness account of the gunfire on #2.

    “15 minutes, not 15 seconds”
    ok call it 12 for Wacko PD + 40ish on the ground = less than 60 shots, if the gunfire continued intermittantly for 12 – 15 minutes, 4 or 5 per minute, or 2 per minute doubletap.

    I wish Mr. Broden all the luck in the world. and then some.

  14. Brad Milch Says:

    It’s starting to get deep at this stage of the game, Rebel. We’re entering the arena where the coin side of the US judicial system that murders, arrests, incarcerates, takes money & possessions from the public is required to justify to courts, judges & juries what they did was legal (the other side of the same coin). If LEO screws it up, their asses go to prison. It’s what separates professional murderers from the amateurs that spend their life in prison or are executed.

    A concerned public is now at the stage where a spectacular investigative journalist with cojones of steel is most needed to report & guide us through the mountain of BS we are about to be subjected to from Waco PD & the bigger sharks above them in their food chain as they worm their way around what they did at Twin Peaks, Waco last month.

    That journalist is you, Rebel. Keep up the excellent work & let us know how we can help you get the rent paid each month. I don’t have a problem with a portion of fund raisers been channeled to the hungry journalist that stayed on top of the event that others lacked the huevos to report honestly on.

  15. Asiashooter Says:

    ” 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.”

    Actually if it were North Korea they would’ve just taken all the arrested bikers out to the firing range and shot them all with antiaircraft guns the way they did their recently departed Defense Minister.

    Waco is behaving more like China, suppressing all video of the shooting, autopsies, and trying to bully any dissenting opinion. But I like the North Korean analogy all the same.

    I think it is an extremely sad indicator that not more Americans are up in arms and demanding some modicum of justice about the handling of this case.

  16. StBernardnot Says:

    Nine spooks get shot & the whole country gets turned upside down. Nine white guys get slaughtered & it’s ‘Oh well’! F—ers. I won’t forget.

  17. Gerry Says:

    Considering you can sue and win for spilling a coffee on your self in USA imagine the shitstorm coming !Most of the bikers have noi criminal record but whay would you expect? It was a bikers rights meeting which they have had at Twin Peaks several times!So much evidence against the cops murdering bikers!Its all going to come out,they are shitting their pants now!

  18. David Baldwin Says:

    Thank-you Rebel for keeping the info and editorials coming.
    I’m cynical to the extreme this week.
    Pertaining to this article. The judges that allowed all the victims to be falsely arrested are the same ones who will act on these motions. (Sarcastically) How do you think that will go?
    One ray of hope, the owner of the franchise. However he chooses, he’s in violation of one or the other court order. He’s decided before to support the bikers, he may decide to do it again. Good move by Mr. Broden.

  19. david Says:

    John Q.Public is not upset and not demanding anything because the initial media report was FRAMED by Swineton when he presented a “story” in such a way the TV viewer was given a particular point of view or FRAME of reference and interpretation. By such reporting, the media presented a frame through which the “story” is interpreted by audiences. Like a frigg’n picture frame, which excludes everything else.The frame also sets the baseline for any future reporting on the event.

    Swineton framed the story by providing the FOCUS and environment for reporting the story influencing how audiences will understand, or evaluate it. He told the story FIRST and manipulated the audience. Total psychological operation by an operative.

  20. N P Says:

    Free Dave Burgess NOW.

  21. John Says:

    Rebel had it first. Love your well thought out and well written articles.Keep it coming, nice writing.

  22. XYZ Says:

    Bail bond, ankle monitor companies see bonanza from biker arrests

    “Of those freed bikers, 123 were ordered to wear GPS ankle bracelets, installed and monitored by Recovery Healthcare, as a condition of their releases.”


    Ex-Judge Sues Dallas Rehab Hospital Over Stock Issue

    “RHC operates substance abuse centers in Texas, Louisiana and Oklahoma, and began working with Cunningham when he was a judge, after he referred defendants to the company’s alcohol monitoring program.”

    “Cunningham says RHC shocked him in May when the board voted to fire him, his wife, his daughter and his son”

  23. Moonzoo Says:

    Here is what I do not understand. Either the supporting documents demonstrate probable cause or they do not. There is zero need to “go to the video” to argue that probable cause does not exist.

    In fact, the video is legally irrelevant to the question of probable cause, precisely because the authorities do not rely upon it to establish probable cause.

    I have read the duplicate, fill-in-the-blank supporting doc and it does not state probable cause, for a variety of reasons. For one important aspect alone, it does not specify individualized facts setting forth how the specific person whose named is filled in the blank is connected to the other factual assertions in the doc.

    Is there another document I am missing?

    Why hasn’t Broden obtained a writ of habeas corpus based on the lack of probable cause underlying the arrest and incarceration?

    What am I missing?

  24. Tom Says:

    No one cares anymore, no one feels sorry for your criminal organizations. Criminal bikers recklessly initiated a gun fight around women and children in a parking lot, and some get arrested.
    Stop whining about it – move on and clean up the criminality within your biker gangs.

  25. Base Says:

    Stupidity is a lack of intelligence, understanding, reason, wit or sense.

    Gullibility is a failure of social intelligence in which a person is easily tricked or manipulated into an ill-advised course of action.

    Credulity, which is the tendency to believe unlikely propositions that are unsupported by evidence.

    It is evident that commenter Tom and others are poster boys for all 3.

    How proud his family must be to know he has his head planted firmly in his ass.

  26. CH Says:

    @ “Tom” ———->


    Hurry Officer Tom…..Patrick has a nice soft,vienna sausage treat for you…….just like you love to gobble… YUMMY YUM YUM!



  27. Phuquehed Says:

    Translation of the gutless, senseless, moronic worm known as Tom and his latest post:

    Baaaa baa baa. Baa baaa ba baa-aaa, baa baa baaa.

  28. Sieg Says:

    And somewhere, someone’s lunch-money is STILL missing.


  29. dogbreath Says:

    Texas Attorney General Ken Paxton wasted no time in issuing a statement about the gay marriage ruling, and yet still has not made a single comment about the Waco Massacre.

    As I wait for the release of any type of real information, I have developed the nervous habit of counting all of my ammo, repeatedly. A paranoid voice in my ear insists that I don’t have near enough for the shit storm to come.

  30. Mama G Says:

    Tom you truly show how absolutely clueless you are with every word you post. Thanks for entertaining us with your sheople views. *shakes head in disgust*
    Let someone in your community stuck in the pokey for being A WITNESS and have their rights violated and your bitch ass would be crying like a little girl with bunched up panties. Why don’t you leave to commenting to those who actually are educated on the circumstances, the obvious covering up of murder and destruction of evidence by LE, as well as, everything else that is with what took place in Waco. Not to mention the good men who are hard working tax paying Americans who just so happen to passionately love their motorcycle’s, the freedom of the open road, wear a patch with pride and who have spent their lives committed to their brothers and sisters standing by them, protecting them, honoring them, loving them without judgement and are more generous with their time and money then you probably will ever be. Our entire motorcycling community is about taking care of each other and giving. And, don’t give me your criminal bullshit when people like Jamie Diamond and George Bush who have committed more crimes than 100 years worth of bikers have collectively. Excuse me but shut the fuck up already. I doubt you can even begin to fathom the honor, love and respect our community is built on.

  31. Lost Cause Says:

    The point that you were missing, Tom, is it was the POLICE that were firing into a crowd of bikers, women, and children. The bikers pulled guns and weapons out when they heard gunfire. Why? Because they thought they were being fired upon by who else other than a rival club? I’m sure none of them had any clue it was the police doing the shooting at them. Show me you wear in any police or tactical training manual where it says to fire into a crowd. Surely to God they had the ability to shoot teargas, rubber bullets or some other less-than-lethal crowd control round.

    Also note how no reports of any police officers being shot or injured in this whole incident. They will be hard pressed to justify “self defense” in this fiasco.

  32. Brad Milch Says:


    I have this feeling that somewhere in the future our Supreme Court will issue more rulings guaranteed to offend whatever put us all here in the circular outhouse & make life more miserable. This may include things like it’s ok to marry your dog, cat, Grandmother and for armed law enforcement to attack & murder bikers gathered together because such a gathering appears suspicious & indicates organized criminal activity is surely occurring somewhere on the premises. I expect it will be ok’d for LEO to blame the victims they kill for their deaths too.

    Until that happens, I’m sticking with rebel. I intend to stay with this story to where LEO presents their evidence of criminal activity in Courts or has to admit they held an empty hand all along from day 1. We might even learn what sting operation the Feds were planning on pulling on the Twin peaks bikers. With the huge amount of allegedly ‘found’ weapons, some of us feel the feds were planning on nailing the C&C & I or the Bandidos on gun running charges. Swanton described the scene as a stockpile of weapons. Time will tell; cops gotta prove their allegations at some point down the road. The burden of proof resides with the accuser until the Supreme Court changes that too.

  33. massa Says:

    “Advice is a cheap commodity some seek it from me about crime — I know only one thing for sure — If you want to make crime pay — ‘Go to Law School” -Whitey Bulger

  34. Tommy Says:

    Tom is all whats wrong with the U.S. He proudly goes out of his way to ensure everyone knows he is a robot controlled by the media. I’m hoping he follows all the other lemmings to their deaths when shit hits the fan.

    I feel disgusted to share my name with you….Fucking sheep

  35. Thunderbird Says:

    Today’s media coverage of events is the modern day version of Plato’s Cave where the prisoners only see shadows on the wall and not the truth about reality around them. We are the new prisoners in the cave. The snake has raised it’s head! All the events happening NOW in rapid succession is the sign of much more to come.

  36. VAGO 1%er Says:

    @ Paladin
    I wouldn’t buy even a fucking burger from those pricks.

  37. VAGO 1%er Says:

    You really are kinda stupid aren’t you.

  38. ak rack Says:

    Hey Tom — its not about being felt sorry for. It’s about demanding the police and the courts to comply with Constitution. Sig heil motherfucker.

  39. Rashomon Says:

    Cops destroying video evidence – who would have thunked it:

  40. largeAndy Says:

    I am just a “citizen” but have ridden thousands and thousands of miles and hobby wrenched Harleys since shovelhead days of the early 1970’s. I do need to pretend to be someone I am not. Want the MC communities to know were not all a bunch of GUTLESS RUBS and do give a shit about 1st amendment rights and freedom of expession applied EQAULLY including someone else’s right to wear a Patch and be a part of an MC regardless of your reasons for wanting to be there. I do give a shit about the Mongol’s case and am strongly in favor of them winning their case, Just look at the CONFEDERATE Flag issue, in time the current administration will try to take that completely away too. Rebel, I have just begun your book, Twilight of the Outlaws, seems well researched and a very worthwhile read. All bikers need to give a shit about the so called “legal process” going on with respect to arrests made in Waco. Does not matter if you are in an MC or not, seems there is zero question the local DA and LE have broken the law to enforce so called laws?

    Look people, there are a bunch of us out there who love to ride and feed on throttle therapy are not in MC’s but totally respect your LEGAL right to be in one, As for Waco and Zach Tipton, all I want is truth to come out because it is the only thing that sets us all free. Surely there must be Waco video out there somewhere taken by some non LEO who saw this mess and it can be put on YouTube that can clarify some of this story?

  41. largeAndy Says:

    Meant I do not need to pretend…sorry typo

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