Dallas Attorney Clint Broden is still throwing rocks at what he has started to call Waco’s “Publicity Machine.”
In a 30 page emergency petition filed this morning with the Court of Appeals for the Tenth District of Texas, Broden wrote:
“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.
“Nevertheless, as Justice Brandeis said: ‘Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.’
“This sentiment is still recognized today by both federal and state courts. As noted by the United States Supreme Court…‘the criminal justice system exists in a larger context of a government ultimately of the people, who wish to be informed about happenings in the criminal justice system, and, if sufficiently informed about those happenings, might wish to make changes in the system.’”
Yesterday, at the request of McLennan County D.A. Abelino Reyna, State District Judge Matt Johnson issued an order that forbid Broden; his client, Scimitar Motorcycle Club member Matt Clendennen; and any witnesses from publically talking about Clendennen’s case.
What has happened in Waco is that local officials have defined what is true and what is bollocks by bullying, imprisoning or shouting down anyone who dares to disagree with them. Reyna for example, has already given an 18-minute television interview in which he said: Based on what he saw, nothing was telling him that all 177 arrested motorcyclists were not guilty; the motorcyclists were guilty because they were not “acting like victims;” “I’ll bet on our own gang before I bet on their gang;” the motorcyclists were not at Twin Peaks “just to eat lunch;” and the motorcyclists would not get away with what they did, “not in this county, not on my watch.” In other words, Reyna doesn’t object to the vilification of the men he is prosecuting, only their defense.
In this morning’s petition Broden noted that the gag order:
“Does not cover “the parties in the 176 other motorcyclist cases; the attorneys, including the District Attorney’s Office, in the 176 other motorcyclist cases; law enforcement as it relates to the 176 other motorcyclist cases; and any witnesses in the 176 other motorcyclist cases that previously made statements to law enforcement or the District Attorney’s Office. Second, the gag order is not clear if it covers statements in connection with a civil case Mr. Clendennen filed in federal court against the City of Waco, the County of McLennan and various officials. Third, the gag order does not cover the parties in the litigation in the 54th District Court of Dallas County between Twin Peaks and a neighboring restaurant over whether the neighboring restaurant loss business as a result of what happened at Twin Peaks.”
Broden wants the gag order vacated because, he argues, it violates “Clendennen’s right to free speech under both the Texas Constitution and the United States Constitution” and because so far all the prejudicial noise is coming from the police and the prosecution.
Wait There’s More
A second motion filed by Broden this morning highlights the games Waco authorities are playing to railroad Clendennen and the other defendants.
The District Attorney “has requested that the current pick-a-pal grand jury be held over to consider this case as well as the 176 related Twin Peaks ‘ cases,” Broden wrote. “This is despite the fact that a randomly picked grand jury is set to be seated in approximately a week.”
Texas is the last state to use the so-called “pick-a-pal” or “key man” method of selecting grand jurors. The system fills grand jury slots by allowing a judge to ask a crony to create the list of prospective grand jurors. The system is notoriously unfair and the Texas legislature overturned it this year. The grand jury made of political pals is the one Reyna wants to decide the fates of his victims even though he sid just yesterday that his “investigation” will take “months” to complete.
The strangest thing about the aftermath of the Twin Peaks Massacre is that after 46 days important Waco officials like District Attorney Reyna, Police Chief Stroman and braying jackass Swanton still don’t understand that the whole world is watching Waco and the world is embarrassed by what it sees.