Broden Keeps Throwing Rocks

April 18, 2017

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Broden Keeps Throwing Rocks

Clint Broden, the Dallas defense attorney who has done most of the heavy lifting for the last two years in the infuriatingly bogus and misreported Twin Peaks biker brawl case, filed another four motions this morning in the 54th District Court in McLennan County, Texas.

The motions were specifically made on behalf of Broden’s client Matthew Clendennen, but the points they raise are relevant to the cases of virtually every other defendant. At present, 154 men have been indicted for “engaging in organized criminal activity” that resulted in nine homicides. Prosecutor Abelino Reyna is threatening to indict 38 more.

The criminal conspiracy charge means that Reyna must try to prove that all 192 defendants agreed and conspired among themselves to arrange an affray (or duel or rumble) between the Cossacks and Bandidos Motorcycle Clubs – including clubs connected socially or criminally with the Cossacks and Bandidos. Clendennen was a member of the Scimitars Motorcycle Club, a Cossacks support club, on May 17, 2015 which was how he appeared on the patio of the Twin Peaks when the fight started.

Formally, Clendennen is accused of going to the Twin Peaks “with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang,” and the accusation is full of holes. The motions Broden filed this morning throws rocks through some of them.

Quash

A motion to quash Clendennen’s indictment features a clip art cartoon of a sandwich stamped “indicted.” The cartoon is a reference to a sarcastic one liner by former New York judge Solomon Wachtler. Wachtler complained that a grand jury would indict a ham sandwich if that was what a prosecutor told them to do. Wachtler had just been indicted himself when he uttered the phrase which explains his candor.

Broden continues: “For unknown reasons, the McLennan County District Attorney’s Office apparently sought to even outdo a ham sandwich indictment. Indeed, on or about November 10, 2015, the McLennan County District Attorney’s Office convinced a grand jury to return indictments against 106 motorcyclists in approximately 540 minutes. Even assuming absolutely no lunch breaks or bathroom breaks, each motorcyclist’s case received approximately five minutes and six seconds of consideration. Moreover, the grand jury indicted Mr. Clendennen despite video evidence that he was not involved in any way in the violence that occurred at Twin Peaks on May 17, 2015.”

Broden also argues that his client was indicted for being part of a conspiracy to kill a man named William Anderson, who did not actually die at the Twin Peaks. He argues that the Scimitars were not a criminal street gang and that, “Clendennen’s defense is in a particular quandary when trying to guess as to what criminal actions or inactions the State believes he engaged in, in order to support its unannounced theory of liability.”

Probably, if any of this hot mess ever reaches trial, prosecutors will trot out a cooperating witness who was at the Cossacks alleged conclave in the parking lot of an Atwoods Ranch and Home store shortly before the Cossacks pack rolled the last couple of miles to the Twin Peaks. If there are cooperating witnesses, Broden would like to know who they are.

Compel Discovery

Which is why, in a second motion to compel Reyna to turn over the evidence against Clendennen, Broden asks for: Proof that the Cossacks were a criminal street gang; “notices given by the McLennan County District Attorney’s Office that Manuel Chavez (who wrote and swore to the affidavit that made the arrests legal) committed perjury at a hearing held on August 8, 2016;” “any mobile data transmissions between and among law enforcement regarding the Twin Peaks incident;” and “witness statements from any cooperating defendants charged with criminal offenses in connection with the Twin Peaks incident.”

Broden also wants to know who was killed by police, everything about the police killers and “any emails between law enforcement officials and others (including, but not limited to, other law enforcement officials, members of the press, and prosecutors) regarding the Twin Peaks incident.”

Evidence Dumps

Broden also filed a “Motion To Indentify The Needle In The Haystack” that would “compel the State to identify the discovery material that it intends to use at trial in its case in chief.”

“The State in this case,” Broden complains, “has engaged in what is known as a ‘document dump.’ Indeed, it has produced approximately three terabytes of discovery in this case almost all of which appears to have absolutely no relation to Mr. Clendennen.”

Broden cites substantial case law that seems to say “that due process requires that discovery materials must be sufficiently identified so as not to burden the defense with an unnecessary, time-consuming and costly review of irrelevant materials.”

“In the instant case,” Broden writes, “it would be simply impossible for defense counsel to review the contents of every cell phone seized, every jail call recorded and every police car video (many of which are just hours of looking at an unoccupied area). In addition to due process, fairness, and the ‘pursuit of justice,’ Mr. Clendennen submits that simple prudence dictates requiring the State to identify the discovery material it intends to introduce at trial in its case-in-chief.”

Poison Fruit

Finally Broden moved to “Suppress All Fruit Of Unconstitutional Arrest.”

There is a legal idea called the “fruit of the poisonous tree” which correlates illegally obtained evidence with a poisonous fruit. The government cannot violate someone’s constitutional rights in order to gather evidence against him. The constitutional violations are the poisonous tree and the evidence gained by torture, or illegal wiretaps, illegal searches and so on is the poisonous fruit which must be “excluded” from the prosecution’s case.

Broden argues that all of the arrests made after the Twin Peaks brawl were illegal because they were based on a web of lies that were sworn to by a perjurer.

Consequently, Broden wants, “all items seized from him upon his arrest, including, but not limited to, clothing, motorcycle club paraphernalia and his mobile phone; any DNA taken from him; any pictures taken of him; and, any statements he allegedly made” excluded.

Ha Ha

And how the monsters who run Waco must be laughing now. Nothing will come of any of these motions.

They will almost certainly be denied because the judge who will decide their merit and reasonableness is a complacent doofus named Matt Johnson. Johnson is not only the prosecutor’s former law partner but, by inference based on his previous rulings in this case, part of an ongoing conspiracy to obstruct justice and obscure the numerous, obvious connections between what happened at the Twin Peaks restaurant on May 17, 2015 and a racketeering conspiracy case against the former president and vice-president of the Bandidos that is endlessly unraveling in San Antonio.

Usually, corrupt judges worry about the FBI but not Johnson because the FBI is also part of the same ongoing conspiracy.

But someday, somewhere this case may reach a federal appeals court and Johnson’s inevitable denial of the motions Broden filed today will be part of that case.

Someday. Somewhere. Justice may be more than a punch line. Just not today.

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25 Responses to “Broden Keeps Throwing Rocks”

  1. RIDER 1 Says:

    @Gandalf, AKA (Big Spender), that’s a good one! LOL

  2. Gandalf Says:

    Rider 1 (AKA Big Spender) Says….”Bet!”

  3. Thunderbird Says:

    At some point Broden will have to call for a constitutional court to settle this matter. The Administrative court is violating Mr Clendennen’s 14th amendment rights. Mr Broden read Section 1 of the 14th amendment to the constitution. Administrative courts are not constitutional courts. Administrative law is not constitutional law. The administrative court is violating constitutional law. It is violating due process. This case cannot be settled in an administrative court. Constitutional law is common law which is based on christen morality. Administrative law is based on mammon subjective reasoning. It has no foundation in ethics or morals. Administrative law reflects the person or persons applying it. If the person or persons applying administrative law in the administrative court system have no objective conscience or objective reasoning abilities then the interpretation of this law will be flawed. From the statements observed from the Waco legal parties it appears that the charges are derived from subjective reasoning. This will not fly in a constitutional court.

    So to solve this injustice a constitutional lawyer is required.

  4. RIDER 1 Says:

    @Gandalf, Sir I will take you up on that friendly wager as long as the loser makes the donation to this site!

    RIDER 1

  5. ak rack Says:

    “Nobody gives a fuck when it turns out to be massice human rights violation in furtherance of a federal coverup.”

    Actually somebody does … Rebel. The best way I can think of to show that I also give a fuck is to hit the Donate button when I’m a few bucks ahead. If you can, please show that you too GAF …

    Respectfully,

    ak rack

  6. Gandalf Says:

    @ Rider 1 I got a dollar says within 6 months of May 18th all Waco criminal indictments are done…dropped or plea bargained. But done and without Trial.

  7. RIDER 1 Says:

    Although the shit stains in Waco are guilty as hell and need to pay, I will not be happy with them losing jobs, money and going to prison. This travesity has been directed all along by the feds. The results of the future trials will dictate how the next attack on the biker community will be played out.
    Do not think the “game” is over! The feds are still stirring the pot here in TX and trying to instigate shit but cooler heads are prevailing.

    RIDER 1

  8. Phuquehed Says:

    “Someday, somewhere…”, and with any luck it’ll be so fucking harsh on Reyna, Johnson and the rest of their clown crew we get to make it a fucking teevee special – watching each of the useless fucks get boiling tarred then rolled in goose down feathers and left to their own to try and survive it. The show will have guys hidden in the background all over the place ready to sniper round anyone’s head that tries to help the shit-stains in any way. It’ll be a nice message to the fucking pussy pigs/largest criminal gangsters just what the Cuntsacks, Bandidos and everyone else that rode a motorcycle to that place went through that day.

    Even better would be wishing the just-us system made it legal to hunt down all the pigs involved with shooting, coordinating and leading the onslaught on all the riders, giving the general public a free one week get-out-of-jail-free card to find all the pigs involved and off them. One can dream and wish!!

  9. RIDER 1 Says:

    I believe this whole Waco mess will continue to drag out for years. In the end the general concensus will be that yes there were rights violations but the general public will be too consumed with other matters to really care. Unfortunately, I don’t believe the biker community alone has the power that it would take to force the Feds to make things right. What took place at and after Twin Peaks is much bigger than Waco. A Fed agency instigated Waco and now the DOJ has circled their wagons and is directing all of the fuckery that is going on. Reyna and the other jokes in Waco are small fish who were and still are following the orders of the DOJ. The Waco justice system will evetually be replaced and made to look like a bunch of small town hicks that fucked up but the real crooks will walk away like nothing ever happened.
    One only needs to look back at what happened after the first Waco conspiracy, public outrage… then what? The Davidians are still around but the public has forgotten about them and the numerous DOJ directed violations that were committed.
    My prediction is that most of the cases will eventually be dropped and some will receive short prison sentences. In order to keep the masses at bay, the DOJ will use the media to portray an image that most got away with murder. John Q. citizen who isn’t a biker and wasn’t directly affected will shake his head and go on about his worthless life.

    RIDER 1

  10. david Says:

    The long-running virtual(defined as: very close to being something without actually being it) legal process is merely a “game” being played in a “court”(read: the “playing” surface upon which the “game” is “played”. As in basketball, tennis,etc.

    And it’s all a word magic game in “court”, presided over by the Magi-strate, ever ready to pound the Masonic Magic gavel, if ever things get out of the magicians control or order.

    The entire legal system and process is actually a LANGUAGE mind control, mind-fuck.

    Edmund Burke in a letter(c.1795) – “A very great part of the mischiefs that vex this world arises from words.”

  11. Steel Says:

    Rebel

    Thanks for your response and totally agree with you. Certainly appreciate your reporting on this. Reyna will drag this out as long as he can hoping it will go away at some point to cover up for what LE did as well as himself. Reyna and his buddies created one big clusterfuck and aren’t sure how to get out of it. Longer it goes the deeper the shit gets.

    Much Respect Rebel

    Steel

  12. Rebel Says:

    Dear Tom Barker,

    Thanx.

    Rebel

  13. Rebel Says:

    Dear Steel,

    The Twin Peak case is riddled with constitutional violations. If it ever gets to the federal Fifth Circuit, everybody’s case will probably be dismissed. The problem is the prosecution is playing World War One — a stalemated war. And the other problem is that nobody cares. This was a big deal case when it could be portrayed as a cheesy biker movie. Nobody gives a fuck when it turns out to be massice human rights violation in frtherance of a federal coverup.

    Rebel

  14. Gandalf Says:

    Mr Broden is actually rolling rocks… that will get bigger and/or cause an avalanche. They might not seem so big at the beginning.

  15. Steel Says:

    Mr. Broden fighting the good fight. Rebel, my question would be if these motions are indeed rejected as expected, could it be Broden is setting up the case for an appeal if needed? This whole thing by Reyna and his cohorts stinks.

    Respects,

    Steel

  16. Tom Barker Says:

    Rebel;, great blog.

  17. IcemanB&W Says:

    I can’t wait for the class action lawsuit that will bankrupt Waco, the county and the state of Texas. This farce has gone on too long, and it’s time to release those wrongly imprisoned.

  18. AZGhost Says:

    @Rebel. How do I email you? Your email in the contact section is not working. Says invalid. Thanks.

  19. deuce Says:

    Hats off to Clint Broden for fighting the good fight. May he prevail!

  20. Badd Guye Says:

    Anal Reyna can’t hide down under Judge Matt’s “Johnson” forever!

  21. Gandalf Says:

    Dear Mr Broden, “Speak Friend and Enter”
    https://www.youtube.com/watch?v=BaeNJX5gDok

  22. Neuro Says:

    William Pierce 9/11/33-7/23/02 RIP. The Day of the Rope starts in Los Angeles.

  23. Sharon Cox Says:

    This whole case is infuriating because you know LE at minimum shot at club members if not at maximum set this meeting up. This whole thing has always stunk from the get-go due to LE presence.

    LL&R

  24. Sieg Says:

    Day of the Rope.

    Not coming soon enough, that’s for damn sure!

    FTF/FTP
    TOSIAR

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