Broden v. Waco Continued

June 29, 2015

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Broden v. Waco Continued

Clint Broden is starting to look like the last lawyer in Texas with huevos.

Most of the attorneys in the Twin Peaks case are dithering and telling their clients not to make too much noise. This morning Broden, who represents Scimitar Matt Clendennen in a federal civil rights lawsuit and who is trying to subpoena one of the many video recordings of the May 17  massacre, threw an affidavit at McLennan County District Attorney Abelino Reyna, Assistant District Attorney Michael Jarrett, Waco Police propagandist W. Patrick Swanton and Waco Police Chief Brent Stroman.

Broden filed his affidavit in preparation for a hearing in Waco tomorrow on his subpoena, which the city of Waco is trying to block. The affidavit offers a fine review of the Waco disinformation campaign so far and is reproduced at length below.


Prior to filing the subpoena…I was aware that Patrick Swanton, on behalf of the Waco Police Department, held several press conferences in which members of the national, and possibly international, media were present. Included among the statements Swanton made at these press conferences were: The events at Twin Peaks occurred inside the restaurant (where Mr. Clendennen moved during the altercation) and moved to the parking lot.  Those arrested (which would include Mr. Clendennen) were not there to “drink beer and eat barbeque.” Those arrested (which would include Mr. Clendennen) “participated one way or the other in what happened”at Twin Peaks. Those arrested (which would include Mr. Clendennen) came to Twin Peaks “with violence in mind.”


Prior to filing the subpoena…I was aware that McLennan County District Attorney Abelino Reyna made the following statements during a television interview: That nothing was telling him that anybody arrested (which would include Mr. Clendennen) was not guilty. That those arrested (which would include Mr. Clendennen) were not there “just to eat lunch.”


Prior to filing the subpoena…I was aware that, on June 12, 015, Brent Stroman, the chief of the Waco Police Department, held a press conference where numerous media people were present. Included among the statements Stroman made at the press conference were: That he (Stroman) had seen the “surveillance video” and that he believed that there was, in fact, probable cause to arrest all of those arrested (which would include Mr. Clendennen). That he (Stroman) wanted the “surveillance video” released because it would “show what happened.” The implication was that the video supported the prior statements made by Swanton.

Michael Jarrett

Prior to filing the subpoena…I was aware that the McLennan County First Assistant District Attorney claimed to have reviewed the surveillance video and the video showed: A group of Cossacks arriving at Twin Peaks and “spreading out across the patio in sentry positions,” obviously keeping close watch on their surroundings. As a line of Bandidos rode through the parking lot, Cossacks scramble over patio railings as the shootout ensues.

The Associated Press

Prior to filing the subpoena…I was aware that The Associated Press reported viewing the Twin Peaks surveillance video that is the subject of the subpoena and it reported: The video shows bikers on the restaurant patio Sunday, ducking under tables and trying to get inside. 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. 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.

Upsetting The Police

Prior to filing the subpoena… I spoke to Patrick Keating (the lawyer for the former Twin Peaks Waco who has the video Broden has subpoenaed). Mr. Keating told me: Twin Peaks would willingly turn over the surveillance video provided it had a subpoena because Twin Peaks did not want to upset the Waco Police. He reviewed the video and did not see Mr. Clendennen in the parking lot area and that there was a clean shot of the patio area where Mr. Clendennen said he was sitting. His review of the video did not contain the representations made by Jarrett.

Polygraph Exam

Prior to filing the subpoena I was aware that Mr. Clendennen was given a polygraph exam and was found to be truthful when asked the following questions and having given the following responses:

Q1: Did you go to Twin Peaks on May 17th for the purpose of engaging in violence? A: No

Q2: Did you engage in any violence yourself at Twin Peaks on May 17? A: No

Q3: Did you encourage anyone to take part in violence at Twin Peaks that day? A: No

The Video

Based upon the above, I believe that the Twin Peaks surveillance video, which is in the possession of Mr. Keating, will refute public claims made by Swanton, Reyna, Stroman and Jarrett. First, I believe it will show that, in fact, Mr. Clendennen was sitting on the patio and did, in fact, appear to be at Twin Peaks “just to eat lunch.”  Second, I believe it will show that Mr. Clendennen did not appear to be at Twin Peaks with “violence in mind” nor did he participate in any violence. Third, I believe that it will show Mr. Clendennen taking cover near the restaurant bathroom after the violence broke out. Fourth, I believe it will show that Mr. Clendennen was not in any position to have knowledge that bikers allegedly “spread out across the patio in sentry positions keeping close watch on their surroundings.”

I…note that the City of Waco, through Swanton and Stroman, have repeatedly made public statements about what occurred at Twin Peaks and, in the case of Stroman, what was contained on the video. Nevertheless, the report by The Associate Press and my conversations with Keating appear to contradict those public statements.


37 Responses to “Broden v. Waco Continued”

  1. david Says:

    @david finn

    Have a question for you Counselor Finn, if your law school alumni Broden is a “legal stud”, why hasn’t he moved to have JOP Petersen recuse himself for his State and U.S. Constitutional law violation of being a sitting judge while collecting a DPS pig-pension in violation of the separation of gov. powers inherent in both laws? At the very least,a substantive conflict of interest while double-dipping in state coffers.

    And,why hasn’t Broden filed a motion to have federal judge Smith removed in Clendennens’ Title 42 suit because of his bad track record of overruling the JURY like a tyrant?

  2. david Says:

    @david finn
    Attorney david finn:
    Since when have you attorneys put your paying “clients” ahead of the courts you are officers of, and your private business profits?

  3. Brad Milch Says:


    You site all good points, a meal full of food for thought consideration as we try to make sense of Waco II from ‘outside the loop’. It’s a warning that the law will probably get away with the shooting & the murders in this event & avoid remedy for the arrested that jost jobs & possessions while incarcerated. The justice system kinda reminds one of Burt Reynolds description to his river rapid pals on why they needed to bury the inbreds that had attacked the group; the sheriff, judges & juries are all related to each other. Outcomes for those outside that loop are predictable, said Reynolds in the movie. IOW, the group was screwed.
    I’m reminded of j. Edgar Hoover’s FBI taking over the entire JFK assassination from the Dallas police the day after Lee Oswald was murdered in the basement of the Dallas police headquarters by copper pal, Jack Ruby. That could happen here in II also.
    The vehicle forfeiture documents focus on a small group of bikers, not everyone who was arrested & had their vehicles impounded. This suggests to me that these are the big fish scooped up in the police dragnet that the law in & around Waco wants to shag really bad. If the Feds do enter the case in the future, I’m betting the charges will be gun running in addition to murder. Someone within the law enforcement food chain has a obvious hard on for Bandidos. Maybe one banged the wrong someone’s main squeeze or reneged on a hot gun sale?
    The posse that hunted down Bonnie & Clyde in 1934 made a mistake when one of them (Ted Hinton) took movie film of the pair’s ‘arsenal’ taken out of their death car after the posse murdered the pair in Louisiana. Sharp researchers noted that most of the rifles were the same ones that were used by that posse that had been photographed resting on top of the death car after the slaughter of B&C. Cops simply added their weapons to whatever B&C allegedly had & created an ‘arsenal’. Waco cops could have done the same thing with the Twin Peaks patrons.
    I expect motorcycle clubs will change tactics in the future & meet online in video conferences & not in public (unless it’s on private property).
    I also expect that smaller group of bikers that lost their vehicles in the forfeiture documents will be the ones looking at serious prison time. Charges may be dropped on the ‘minnow’s, but the ‘lunker’s’ are destined for the fish fry IMHO. We don’t know what dirt LEO has on that smaller group of Bikers outside of Waco; I’m betting the Feds have a file cabinet full of dirt on all of them.

  4. David Baldwin Says:

    Thank-you Rebel for all your hard work.
    I was looking forward to today’s ruling. This has to be counted as a victory for the pigs. Not only is the video not released to the public, but now the most vocal advocate has been gagged.
    I don’t foresee any more news coming out of this until August.

  5. old & stoned Says:

    The order not to disclose the video will stand, he may have a shot at the gag order,. Waco’s use of ” contaminating the jury pool” should have gone right out the window after proffering videos of Swanton’s rantings, mostly lies, and the only version the jury pool has already heard. They saw this as a chance to muzzle Mr C and Broden, toss them “in the bag” with the evidence we’ll never see.

    Start some popcorn, this’ll be fun to watch

  6. david Says:

    1)State of Texas JOP Petersen will preside during the Aug.10 examining hearing Broden is attempting to prepare for.
    2)Peterson is a retired Dept. of Public “Safety”, DPS po-lice officer.
    3)Armed DPS agents were among the FBI/ATF/Waco SWAT shooters May 17.
    4)PAID DPS retiree Petersen will enter a ruling in Clendennen’s “engaging in organized criminal activity” prosecution.
    5)Federal judge Smith is presiding in Clendennen’s Title42,sec.1983 civil and constitutional rights violation federal civil suit.
    6)judge Smith overruled the JURY!, in the Waco 1 victim prosecution case. The people’s decision was meaningless in that case.

    Judicial process and procedure over justice. System over substance. An outward show with a pre-planned outcome by the gov.criminal gang.

    Other attorney “officers of the court” are not proceeding in any defense or Title 42 case because Broden is the government’s POINT MAN, while they are observing outcomes. All attorneys are “officers of the COURT” who are primarily answerable to the government, secondarily their paying “clients”.

    If Texas office-holders wish to continue to receive federal monies, they will continue to follow FBI director Comey’s instructions, the prime motivator of all events May 17. Remember, all attorneys ARE officers of the court in which they “practice”.

  7. david finn Says:

    Broden is a legal stud. Go get em Clint!

  8. Rojas Says:

    Additional info here says bond restrictions were reduced

    “The state did agree in court to modify Clendennen’s bond conditions by changing his curfew and lifting his travel restrictions.”

  9. Primo RAY Says:

    The United States of America is in a constitutional crisis, in my opinion it is no accident that the outcome of this battle falls on the MC world and the men that refuse to live by slave morality. For what is a religion or credo except a philosophical world view you live your life by, as Aristotle clearly states “philosophy is the religion of great men”. Now these battles the MC’s are engaged in are about more than the first amendment, they also impact the fourth, fifth, sixth, seventh, and eighth, amendments. As John Locke so clearly understood man is more then just his thoughts, he is the sum total of his tools, symbols, and property, that he identifies himself with. What is the Farmer without a plough, a Priest without his church, or an MC member without his patches or motorcycle. The reason property was so highly regarded by our constitutional framers was they clearly understood these are the symbols mankind has always used to identify who he is in the Cosmos! These battles that are being fought out in our legal system from Texas to California are bigger than the clubs involved, they are for the soul of a nation. The days of turf battles and patch wars need to be put to the past. These battles may determine for future generations whether they live in a nation based on the liberty and freedom that protects the spirit that made them great or tyranny and oppression that has crushed the soul of so many that have come before???

    read this awhile ago and I agree with it 100%

  10. XYZ Says:

    Broden cites a case about gag orders written by former 10th Court of Appeals Justice Felipe Reyna.

    He notes the irony that Reyna’s son, DA Abel Reyna, is now arguing for a gag order.

    This must the case?

  11. Tommy Says:

    Looks like broden’s subpoena stands and he will be able to receive a copy of the video but looks like the damn gag order is not gonna allow us to see it. What a joke! Keep covering shit up. We are paying attention

  12. Jim Fry Says:

    Let there be no mistake, what sort of “Justice” system we have.

    While it may seem to be a partial victory, only one question needs to be asked: Why do authorities promptly release video when it supports their case, yet not related to this incident? Oh yeah, there is another question, too: Why the gag order? How is this supported by the “Constitution” or the “Rules of Law”?

    “Judge Matt Johnson of Waco’s 54th State District Court has ruled to allow a Dallas attorney to obtain Twin Peaks surveillance video from the restaurant franchisee to help him prepare for an August hearing, but the judge placed a protective order on the video, preventing it from being released to the public.

    The judge also placed a gag order on prosecutors and attorneys involved in the case, limiting both sides from discussing the case in the media.”

  13. Rojas Says:

    Waco judge closes barn door all cows present and accounted for NOT

    Judge Matt Johnson of Waco’s 54th State District Court has ruled to allow a Dallas attorney to obtain Twin Peaks surveillance video from the restaurant franchisee to help him prepare for an August hearing, but the judge placed a protective order on the video, preventing it from being released to the public.

    The judge also placed a gag order on prosecutors and attorneys involved in the case, limiting both sides from discussing the case in the media.
    Johnson said he is concerned about causing a problem with jury pools if the video is released.

    Attorney Clint Broden, who obtained the subpoena, objected to the protective order on the video and the gag order and said he will appeal both decisions.

  14. Caretaker Says:

    Just came across this. If it’s true,it’s about damn time and excellent news.


  15. Ed Says:

    The one you should follow any time there is a court hearing on this is

    Judge just denied both motions to quash, but imposed a gag order on the video and on state and defense attorneys from discussing the case in the media. Just when Broden was kicking their asses…

  16. VAGO 1%er Says:

    Good God almighty Swanton is an idiot.

  17. Road Whore Says:

    Fucking Wacko assholes! I hope Mr. Broden tears them such a huge asshole they can’t even make noise when they fart!

    Ride Free

  18. XYZ Says:

    Old & Stoned:

    I’m hoping that once the criminal cases start to fall apart some attention will be paid to other parts of the law enforcement/corrections for-profit complex.

    Why is $100 up front per ankle monitor and $255 per month fee (only offered through one company) the correct amount? Who sets the fee? Who gets to choose the exclusive vendor, and what do they get in return?

    Next week there may be some interesting information coming out of the 5 civil cases in Dallas. There is a hearing on a motion to consolidate the four cases between the Twin Peaks franchisor and franchisee.

    There is also an answer due from Twin Peaks in the fifth lawsuit, the one filed by Don Carlos against Twin Peaks. You may recall that is the lawsuit wherein the petition alleges thousands of rounds were fired.

    I’m hoping as things pick up speed in the civil cases more and more information comes out. There is a lot of money and business reputation involved, and high dollar lawyers.

  19. old & stoned Says:

    one needs to remember these are Citizens, who have been told they’re charged with Organized Crime, 15 years, and asst weapons charges for their jewelry. there is no doubt ‘the fear of God’ was put into everyone. “If you don’t think we can make it stick,, look around,,, we did THIS, didn’t we,,?” or “do you think you have the resources to fight a federal racketeering case,,,?”

    no, it’s gonna be the rare exception that fights like this. with that spurious charge against them, and bail conditions that can be modified for better compliance,, until they are dropped,, everyone is pretty much ‘owned’.
    even if they do drop them,, there’s always the “there’s new evidence has surface, and we’ve decicded to re-file”

    motherfuckers at Waco tribune did a piece on what a “bonanza” this is for bail and monitoring companies.

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

    Ronnie Marroquin, Waco office manager for Recovery Healthcare, declined to discuss proprietary information about the company. ”

    where’s the human interest about the family’s lives destroyed by Wacko PuD?

    Godspeed, Mr Broden

  20. Bill Says:

    Rebel: This guy writes more than a little like you, probably thinks along much of the same lines too. He’s just one man, but now your force has perhaps doubled, and he’s on the “inside” here. There’s hope yet.

  21. dogbreath Says:

    @CH, I too would be raising the roof. But I am old and have very little left to lose. The “motorcycle enthusiasts” that were rounded up and illegally incarcerated come from all walks of life, and I am sure most of them do not have the same experience with LE that many of us here share. I can’t fault any of those folks from Christian groups and other mom-and-pop RCs that are just trying their best to figure out why the “good guys” are fucking THEM over, and trying to salvage what may be left of their lives. There will be a lot more heard from these folks as lawsuits begin to get filed – they will go from a trickle in the beginning to a flood as the lawyers begin to find their footing.

    And the men with the cojones to speak up are notorious for their unwillingness to make their business public.

    @UnaffiliatedObserver, I don’t know Mr. Clendennen, nor his Club, but they have apparently been around for 45 years, presumably as a 3PP. There have been speculation and inferences made about the Cossacks and their support club the Scimitars, but without definitive proof otherwise I must assume that these are good men who were duped and manipulated by LEO/ATF. They may be partially responsible for their own infiltration and misuse/abuse by those organizations, but they are hardly alone in that respect.

    Rebel, can’t thank you enough for being here and doing what you do.

    Increasingly, TOSIAR.

  22. Brad Milch Says:

    Several possible reasons for the silence & lawyer wimpiness: Fear of the feds & losing Federal assistance funds; waiting for the county DA to file charges (Reyna told the press he had 90 days that he could hold people before formally charging them; over 30 of those days have come & gone). Reyna’s charges (plus those in higher authority eligible to file charges that may jump in the game unexpectedly) will reveal which of several directions LEO is attacking from. The alleged cache weapons the police claim they found at Twin Peaks (inside, outside & buried in the ground), the arrestees’ vehicles & on their persons will come into play for either public violence and/or gun running charges. How many of those weapons came from Waco PD’s stash of confiscated weapons, borrowed from police officer’s private collections, gun retailers, rod & gun clubbers or other collection means would be of interest to defense lawyers defending clients as well as an interested public that suspect the police are lying though their teeth every step of the way.
    Contrast Waco II to the OJ & Anthony murder trials. In those trials, high profile, cream of the crop attorneys were climbing all over each other to get a piece of the action in Court. Why not with Waco II? The answer may be that no one’s been charged with murder or some other felony crime yet.

    Broden is a rare gladiator in a weird, sick time in US history where fags & dykes somehow rose from perverts to the new norm legally by equally sick fags & dykes appointed to the Supreme Court. How Broden’s peers & colleges in law across the land sleep at night as he fights this Waco travesty solo is beyond my comprehension at the moment. I hope more than one ‘grow a pair’ & get in the ring with him & do the right thing.

  23. Mama G Says:

    @ CH Well said. I am not sure what I am missing but I would think that there has to be some bull dog attorneys out there, out of town of course, who would love to take on some of the victims as clients. Between the ongoing obvious cover up and the information available right here on AG, I would think that some aggressive attorney out there looking to make a name for themselves as a warrior for those who were kidnapped and held for a million dollars just for being a WITNESS!!! I know lawyers require a lot of money and hopefully the go fund me will help at least a few people. It just sickens me that 177 people were held for witnessing the murder of 9. My heart aches for their families and the long struggle they have ahead of them. I just keep hoping some bad ass lawyer would step up and take the good old boys to the cleaners and get justice where justice is due.

  24. RLG Says:

    @CH, the DA’s are on salary. Lawyers for citizen defense cost money by the minute. And at the end of the day all the attorneys work together — and will again in the future.

  25. chris Says:

    I feel that none of the other lawyers are causing waves due to the fact they
    are probably public defenders. Public pretenders are on e of the biggest frauds
    Of this nations judicial system.

    FTP, FTF


  26. XYZ Says:

    I think it is great just one attorney is taking the lead. Broden has the ideal client to upset the Swantonian narrative apple-cart. Clendennen is a nerdish, non-threatening, family man. A succesful business owner. He has no criminal history. Perhaps equally important he is a Baylor graduate, with substantial professional and family ties to the Waco/McLennan County area.

    All it takes one, just one, and the dominoes of lies and misrepresentaions beging to fall.

    Hopefully we will hear more soon from Jorge Salinas and his attorney Brian Bouffard.

  27. 55 Says:

    The only pair of testicles in the entire state of Texas belongs to Mr. Broden. The rest must be steers and queers.

  28. CH Says:

    Rebel reported at the begining of this article —>

    “Most of the attorneys in the Twin Peaks case are dithering and telling their clients not to make too much noise.”

    Ya know….I’ve been hearing this for weeks. And frankly this disturbs me greatly.


    Because I can not believe just how gutless so many of the arrested are. PERSONALLY, I would have my lawyer making tidal waves of this, like the above mentioned lawyer is doing. IF HE/SHE WOULDN’T…I fire their sorry boot licking, ass PRONTO.

    If you roll over to these swine, well…. you kinda deserve what you get.

    AGAIN…PERSONALLY……..I’d go down swinging. SCREW NOT MAKING WAVES. This is exactly what porky wants…..for everyone to be real quiet and take their medicine and not make waves or upset porky.


    The biggest problem these days in this country…….worse than the majority being so stupid….is the majority being so gutless. And the combination of being stupid and gutless will get you screwed fast.

    Reckon these folks never learned that school yard bully lesson when they were young.


    If you do not fight for your freedom—–>
    1- NOBODY is gonna give it to you for free.
    2- You DO NOT deserve it anyway.

    RUIN & JAIL the REAL CRIMINALS in this!

  29. UnaffiliatedObserver Says:

    It will be a welcome irony if the useful idiots who joined a facebook club (or a support club of a facebook club) wind up as sympathetic victims of law enforcement in this thing.

    I think Matt Clendennen should not be wearing a three piece patch, but tossing guys like him in jail for nothing sure does screw up the official ‘criminals on Harleys’ narrative.

    The actions of law enforcement are obscene in this case, and I hope another dozen guys like Clendennen grow the nuts to sue.

    Condolences to those who lost brothers in this madness.

  30. ChiTownRocco Says:

    Thanks for the continued excellent coverage of the incident in Waco,Tx. Generally in life the people who truly believe they are right in their actions have no fear of ANY evidence to the contrary…of course those who believe they are wrong usually just wish that he whole thing would go away! I think those who follow your site truly know who is who in this case !

  31. VAGO 1%er Says:


  32. Phuquehed Says:

    Kick their air-wasting collective ass, Mr. Broden!

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