The Twin Peaks Massacre case just got a lot more focused.
Ruling from the bench, District Judge Matt Johnson ordered the state of Texas “to reveal the identity of confidential informants and undercover law enforcement officials who were either present at Twin Peaks restaurant in Waco, Texas on May 17, 2015 or who were material witnesses related to the incident that took place.”
The order includes the discovery of the identities “of confidential informants used in connection with ‘Operation Texas Rocker’ that were present at or who had material information regarding the Twin Peaks incident.” The information should be turned over to Dallas defense attorney Clint Broden.
Operation Texas Rocker, announced on January 6, was a “joint investigation by the DEA, the FBI, the Texas Department of Public Safety and the U.S. Attorney’s Office” that accused three national officers of the Bandidos Motorcycle Club of declaring they were “at war” with the Cossacks Motorcycle Club. The point of the “war,” according to the indictment, was to get “‘that Texas rocker back,’ referencing the ‘Texas’ bottom rocker worn by Cossacks OMO members without Bandidos OMO permission.” The federal racketeering indictment of Jeffrey Fay Pike, John Xavier Portillo and Justin Cole Forster describes the two clubs as the “Bandidos Outlaw Motorcycle Organization” and the “Cossacks Outlaw Motorcycle Organization.”
The indictment accuses the “Bandidos OMO,” of “Preserving, protecting and enhancing the power, territory, reputation and profits of the enterprise through the use of intimidation, violence, threats of violence, assaults, murder, attempted murder and robbery against rival motorcycle organizations.” The indictment glaringly omits any mention of the spectacularly violent brawl involving Cossacks, Bandidos and members of 21 other motorcycle clubs at the Twin Peaks restaurant in Waco last May.
Broden represents Scimitar Motorcycle Club member Matt Clendennen who was arrested, indicted and must now defend himself against the accusation that he conspired to kill and assault the nine dead and score of wounded who were victims of the Twin Peaks Massacre. One hundred and six people have been indicted in the case.
Broden’s discovery motion, granted by Judge Johnson today, seeks to discover the identity of :
“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.’”
“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.”
“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.”
“Any witness, whether present at Twin Peaks on May 17, 2015 or not, who could testify that one or more members of the Cossack Motorcycle Club or its support clubs were told that the May 17, 2015 was merely a ‘Funday Sunday’ outing.”
The motion granted today stipulates “that the above requests relate to any informants known to the ‘prosecutorial team”’or to whom the ‘prosecutorial team’ had access.”
That “‘prosecutorial team’ includes, but may not be limited to: McLennan County District Attorney’s Office; McLennan County Sheriff’s Department; Waco Police Department; Lorena Police Department; Texas Department of Public Safety; Texas Alcohol & Beverage Commission; Texas Parks & Wildlife Department; United States Drug Enforcement Agency; Federal Bureau of Investigation” and the “United States Attorney’s Office for the Western District of Texas.”
In the same session today, Judge Johnson postponed Clendennen’s trial, which had been scheduled to begin on February 29, and scheduled a hearing for April 1 that will determine whether Clendennen can get a fair trial in Waco or if his trial must be relocated.
Broden, who has been restrained by Judge Johnson from discussing the case with the press, declined to comment on today’s rulings.