Meanwhile In Waco

February 3, 2016

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Meanwhile In Waco

Dallas Attorney Clint Broden, who represents Scimitar Motorcycle Club member Matt Clendennen, filed nine pretrial motions yesterday.

Clendennen is scheduled to go to trial February 29, although that proceeding will probably be postponed to accommodate prosecutor Abelino Reyna. Reyna still hasn’t found a way to convict Clendennen although in a motion filed January 26 he promised his former law partner and the judge in the case, Matt Johnson, that he is thisclose. Clendennen is accused of conspiracy to commit murder and assault at the Twin Peaks restaurant last May 17.

Polygraphs And Discovery

Three of Broden’s motions are interesting.

One asks for a hearing on the admissibility of a polygraph examination Clendennen took. The Scimitar was asked if he went to the “Twin Peaks on May 17th for the purpose of engaging in violence;” if he engaged in any violence at the Twin Peaks; and if he encouraged “anyone to take part in violence at Twin Peaks that day.” He answered “no” to all three of those questions and the polygrapher found no deception.

Polygraph exams aren’t admissible into evidence in Texas trials but holding a hearing on whether they might be is a way to introduce the examination into evidence in the court of public opinion. It is unlikely Johnson would allow the results of that polygraph exam into court but if the subject comes up at a public hearing it is possible that even the Waco Tribune-Herald might notice.

The second motion, a discovery request, is equally subtle. The list of potential evidence Broden wants is seven pages long and seems fairly complete. For example Broden would like to see Patrick Swanton’s notes. He also wants to see, “Records, notes, reports gathered, maintained or produced by law enforcement or the prosecutors about the criminal activity of any members of the Scimitar Motorcycle Club or Cossacks Motorcycle Club.”

Near the bottom of that long list, he makes it clear that he wants the items on his list of evidence requests to include, “any items in the possession of any member of the ‘prosecutorial team’ or items to which the ‘prosecutorial team’ has access.”

And finally he lists who he considers to comprise the “prosecutorial team.” And, that list includes the “Texas Department of Public Safety,” “United States Drug Enforcement Agency, Federal Bureau of Investigation,” and the “United States Attorney’s Office for the Western District of Texas.” In other words, if the federal police have Reports of Investigation that are pertinent to the Twin Peaks Massacre or the fusion centers have deconfliction logs (lists of the locations of undercover assets) Broden wants to see them.

Confidential Informants

The most interesting of the nine motions is titled “Motion To Reveal Identity of Confidential Informants And Undercover Law Enforcement Officials.”

“It appears evident that law enforcement officials infiltrated and/or had confidential informants inside the Cossacks Motorcycle Club and/or other motorcycle clubs prior to the incident at Twin Peaks,” Broden writes. “First, DPS reports indicated Waco Police Detective Jeff Rogers was receiving information from a ‘source of information’ regarding the Confederation of Clubs meeting at Twin Peaks and that the Cossacks planned to attend. Second, it also appears that Lorena Police Officer Shawn Board may have received information about the meeting from a confidential source. Third, while all of this was taking place, federal authorities (who also assisted in the instant case) were conducting ‘Operation Texas Rocker.’ That operation recently resulted in an indictment filed in the United States District Court for the Western District. While not explicitly stated in that indictment, it appears law enforcement officials were receiving inside information from within both the Cossacks and Bandidos motorcycle clubs. Interestingly, the indictment chronicles conflicts between the Cossacks and Bandidos from November 2013 to September 2015. Nevertheless, any mention of Twin Peaks incident (occurring in May 2015) is conspicuously absent. A logical conclusion is that this was done in some hope that it would preclude discovery of confidential informants used in connection with ‘Operation Texas Rocker’ that were present at or who had material information regarding the Twin Peaks incident.”

“Any ‘confidential witness who was present at Twin Peaks on May 17, 2015 and who was an eyewitness to the incident in question could testify that Mr. Clendennen did not participate nor encourage any of the violence that took place that day. Moreover, while specious and unsupportable, one of the state’s theories as to Mr. Clendennen’s criminal liability appears to be a theory under which Mr. Clendennen came to Twin Peaks on May 17, 2015 knowing that violence was likely to take place between the Bandidos Motorcycle Club and the Cossacks Motorcycle Club. In fact, Mr. Clendennen knew no such thing. Therefore, the following ‘confidential witnesses’ would be material to Mr. Clendennen’s defense.”

The Good Part

Specifically Broden wants to know about:

“(1) Any witness, whether present at Twin Peaks on May 17, 2015 or not, who might testify that law enforcement officials encouraged the violence at Twin Peaks in order to support its ‘Operation Texas Rocker.’ Such evidence would indicate that the violence at Twin Peaks was not planned nor anticipated by most motorcyclists present.

“(2) Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that not all members of the Cossacks Motorcycle Club or its support clubs were told that the Bandidos Motorcycle Club would be present at Twin Peaks on May 17, 2015. Obviously, if Mr. Clendennen or others were being told that the Bandidos would not be present, it would not have been possible to anticipate violence between the Bandidos Motorcycle Club and the Cossacks Motorcycle Club.

“(3) Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that one or more members of the Cossacks Motorcycle Club or its support clubs were told that the May 17, 2015 (event) was a ‘peace offering’ meeting. If Mr. Clendennen or others were being told that the purpose of the meeting was a ‘peace offering,’ this would be material evidence to indicate that he could not have anticipated violence between the Bandidos Motorcycle Club and the Cossacks Motorcycle Club.

“( 4) Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that one or more members of the Cossacks Motorcycle Club or its support clubs were told that the May 17, 2015 was merely a ‘Funday Sunday’ outing. If Mr. Clendennen or others were being told that the purpose of the meeting was a ‘Funday Sunday’ this would be material evidence to indicate that he could not have anticipated violence between the Bandidos Motorcycle Club and the Cossacks Motorcycle Club.”

“Mr. Clendennen notes that the above requests relate to any informants known to the ‘prosecutorial team’ or to whom the ‘prosecutorial team’ had access. This would include federal investigative and prosecutorial agencies to the extent they participated in this investigation.”

Broden isn’t going to get any of this, of course, because this could be more embarrassing for the Department of Justice than the “Fast and Furious” decision to let those guns “walk.” But it is going to be fun to watch him try.

Get your popcorn ready.


25 Responses to “Meanwhile In Waco”

  1. dogbreath Says:

    Nice find, popeye.

    “Let’s start at the beginning. We all recall (how can we ever forget) the “Criminal Biker Gang” press releases in May of 2015 after the Twin Peaks Massacre.” This seems to prove Mr. Brodens assertion re: Change of Venue.

  2. popeye Says:

    Just saw this Interesting it sounds like the author is a waco citizen.

  3. Austin Says:

    Hey XYZ – Great Find – Thanks for the post. I may be living in Mayberry – but – Yeah. I think this fellow is exactly right. That is how it should have been handled.

    – IF your agenda is truly to Serve and Protect.
    Therefore – those cops had another agenda (sings to the choir)

  4. Mama G Says:

    Meanwhile in Crystal Springs this happened…….

    One can only hope that this day will come in Waco. Do you think all those crooked f$cks would fit in one bus? Everyday I hope to see a headline about arrests of corrupt McClellan County and the ABC pos”s at the table too. A girl can hope…..

  5. XYZ Says:

    At least one McLennan County lawman gets it –

    Fighting crime often means preventing it: Q&A with sheriff candidate Willie Tompkins

    “And you talk about Twin Peaks? It never should have happened. I mean, this is very basic. In training, you are taught to defuse a situation. So when you say, “I knew they were coming. We knew they were coming,” the question suddenly becomes: What did you do to defuse the situation? I mean, that’s the common-sense factor. If you go to a family disturbance situation and it’s between the husband and wife, you separate them. Same thing on the broader stage (with something like Twin Peaks).

    Q Waco Police Chief Brent Stroman is on record as saying that all the bikers that day should have easily been able to see the Waco police presence in the parking lot.

    A It’s one thing to see them, but to see them in force is the question. The police should have been seen in force. I’m not just talking about a whole bunch of people showing up, I’m talking about the police directing traffic and making stops and checking folks’ ID and seeing if they got weapons, whatever, because we got the probable cause that something is going to happen. And so why sit there and watch it come? That’s not good police training at all. I think any police officer worth his badge will tell you that this never should have happened. It should have been defused, it should have been stopped. I can’t say it wouldn’t have happened somewhere else, but that day at Twin Peaks nine folks should have never died. And 17 others or more were injured and 177 people went to jail. It never should have happened. And another thing — with collective law enforcement, there ought to be more cooperation. And so the sheriff being top cop, he should have been able to talk to the chief. He should have said, “Chief, this ain’t going to look good for us. We need to do something about this.””

  6. david Says:

    @Ted Unlis ,
    Competent Broden is not “putting on a show” for his client. or anyone else. The highest State appellate court he can turn to, if any motions are denied in the lower Kangaroo County court, is the Texas State Supreme Court. If stone-walled there, direct appeal to the U.S. Supreme Court.

    Contrary to your government can do no wrong opinion, the State Supreme Court MAY not want to make the ENTIRE state of Texas a U.S. Constitution free Zone.

  7. Nags Says:


    Your last line was going to be my comment as I got about 3/4 of the way through this piece.
    “Get your popcorn ready kids shits about to get interesting”.

  8. pops Says:

    Good article Rebel, very well read. Keep up the good work. Thanks

  9. stracc Says:

    Thank you for the update Rebel

  10. Lou Sassel Says:

    What ever happened to the 71 people that were not indicted back on November 10th? 106 of the 177 were indicted in a one day grand jury review.



  11. Paula Carroll Swann Says:

    Under the Michael Morton act. . DA has to give Broden the information & evidence.
    If my memory serves me right. Big O is who said Mitchell invited them. As word got around it was rattlecan who said bring all the guys. However as for the SAID SUPPORT clubs… is who did the Palo Pinto case on March 22, 2015 operation Texas Rocker began, as now back dating to the Abilene of 2013, as after the court hearing from this didn’t go as planned. .then the new fed. indictments… I find it of now turning the table from what was 1rst being the C’s as now being the B’s. Reyna in my opinion is stalling because 1 he has no proof of either club conspiring acts on the other, because there isn’t any such as… March 28,2015 proved the PD wrong.

  12. Tango Says:

    If this kind of thing was happening in Britain there would be uproar in Parliament, ridiculous to think that when this happened. It was the filth that fired and killed the members of the various MC’s, they instigated the fight then went around arresting 100’s of people and holding them on remand on bullshit charges that wouldn’t never stick in a just honest law of court, even a slightly corrupt court room would have trouble pinning some of the charges against the various detainees.

    But what is more of a joke, is the fact the shooting in Denver not one person has been arrested or charged. Isn’t it about time that Congress and your Senators stick their pennies worth in and sort out the corruption within the supposed LE and the rest of the alphabet squads.

    MLHR to those that deserve it, the rest go earn it!

  13. IronRider Says:

    One has to wonder if Broden is poking the bear a little. Broden knows that court is never going to approve these motions and as in previous motions filed by the defense in the WACO cases. I would be of the belief that Broden is making some tactical moves with regards to the information he is seeking and sending a shot across the bow to Reyna and friends in that it is Broden and his clients belief that there was a concerted effort by Law Enforcement to entice the notion to the MC’s and it members that there will be violence.

    Everyone is more than well aware that Law Enforcement had been propagating to the various MC’s that violence is in the air and that anyone who goes to Twin Peaks is in danger. Many have repeated this was the mantra being thrown out by Law Enforcement well before this massacre took place in Waco.

    Broden knows this as do other defendants counsel, hence why Broden is making the motions he has put forth with the court. Were confidential informants being told to stoke the idea to club members that a rival MC was planning to do battle with them at Twin Peaks? Were there undercover Law Enforcement who were hangarounds, prospects or patch members being told to propagate the violence is imminent to those clubs of which they were targeted to embed with? Were paid informants within an MC instructed to propagate the violence is going to take place by their handlers?

    Those are important question Broden is asking and it would fit the cause and the position that Law Enforcement was taking with regard to Operation Texas Rocker Would anyone be surprised if part of Law Enforcement plan was to push the idea and bombard the MC’s and their members with the violence between your Club and Club B is going to happen, our intel leads us to this. It wouldn’t be out of the realm for the associated Law Enforcement agencies to manufacture the scenario to the clubs to further their own means and to achieve their goal with Operation Texas Rocker.

    While Broden is making a shot across the bow, he may also be making a case that Johnson should not be overseeing these cases as he has a conflict of interest with Reyna and could make an application to have Johnson reassigned from this case.

    Broden’s motions could also be targeted at getting a higher court to review the attempted challenges that defendants and their counsel are having in getting the disclosure that Reyna and co are thwarting at every turn and trampling over defendants constitutional and legal rights in the cases at hand.

    There are long days ahead for the defendants and their various counsels in this case and the silence is deafening from rights groups as to how Reyna and co have been able to violate those charged rights and nary a whimper of any of the rights group as to how Reyna and co have been allowed to do this for months and months.

    If these individuals charged and having their rights denied to them weren’t associated to an MC would there be more of an outcry? One has to wonder.

  14. Ted Unlis Says:

    Man oh Man, it doesn’t take a legal scholar to see that Broden’s pipe dream motions demanding any and all 1%er intel and info ever developed or obtained by any and all LE Agencies have zero chance of being granted by the trial court or any appellate court.

    You also don’t have to be very smart to spot a lawyer putting on a good show to make his client feel better about a staggering debt from tens of thousands of dollars in attorney fees he burning through to pay for these loser pre-trial motions.

  15. von Zipper Says:

    Looks like the entire justass system are a bunch of inbreeedin’ cousin humpin’ booger eatin’ butt scratchin’moe’rons that are itchin’ for Rebel to bringing attention to this mess. Time for the Constitution to open up a can of whoop ass on these ball lockers.
    Thanks for the great work Rebel. Much respect to the Red and Gold!
    von Zipper

  16. david Says:

    Any and all pre-trial defense motions DENIED by conflict-of-interest prosecutor-friend Matt Johnson, are in fact appealable to a higher court PRIOR to any trial on the merits of the bull-shit “lawsuit” not based upon any evidence.

    Broden is also able to move to have the “trial” presided over by someone OTHER than the prosecutors good friend and “former” law partner Johnson, who will in fact do any and everything possible to protect the federal, state, and local government pigs, AND his buddy “Un-Abel” Reyna.

    The entire court has, and continues to, VIOLATE every defendants’ Bill Of Rights PROTECTED inalienable right to Due Process at every turn, and in every way possible, in the Extra-Constitutional Zone known as Waco.

    Remember, judicial officer Reyna un-constitutionally usurped the local executive branch of government by commandeering it, and giving orders to all the pigs, from the git-go of the entire fiasco.

  17. Bone Head Says:

    When this is all said and done, it would be extremely interesting for Mr. Broden and Rebel to take some time together and collaborate on a book. That would be a hell of a read.


  18. RtC Says:

    FUCK YOU REYNA! You are a true POS!

  19. ak rack Says:

    Yeah, what Road Whore said!

  20. Road Whore Says:

    I can not say this strongly or emphatically enough: FUCK WACO!

    Thank you, Rebel…stay on the bastards…don’t even let ’em have enough air to breathe!

    Ride Free

  21. old & stoned Says:

    hmm, smells like Mr. B has knowledge & proof of something he knows they don’t wanna, and won’t give up,,

  22. NCRider Says:

    Has a “Motion To Reveal Identity of Confidential Informants And Undercover Law Enforcement Officials” ever been granted before in a “court of law” involving MC’s?


  23. rollinnorth Says:

    Thank you, Rebel; keep up the good work.
    I think the Texas just-us system wishes everyone would stop paying any attention, so this could all be broomed away.

    Nice touch using Phuquehed’s favorite photo.


  24. Punisher Keeper Says:

    I say, good luck with the on going government take over of the American peoples rights…. It been a sad time in our history… To see the Nazi take over And I can’t believe the true American people are letting it happen…

  25. oldskewl Says:

    Best of luck to Broden and the defense to bring this unjust and disgusting piece of shit, Reyna, and his team of alphabet agencies to dismiss the case altogether.

    The Codsacks and their support clubs had rats festering within and probably knowingly let them patch and be part of the kiddie club.
    I don’t think it’s to the extent of the UO but I have no doubt the feds are everywhere in that club.

    Good work Rebel,


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