Brodin Responds To Reyna

January 27, 2016

All Posts, News

Brodin Responds To Reyna

Clint Brodin, who is Matthew Clendennen’s lawyer, filed a response today to McLennan County District Attorney Abelino Reyna’s motion that Clendennen’s trial for criminal conspiracy to commit murder or assault be postponed.

The response reads in part:

“First, it was Mr. Reyna , in what appears to be a concern for political opportunism rather than a concern for ‘fundamental fairness,’ who disregarded the United States Constitution and Supreme Court law relating to the necessity of individualized probable cause determinations. Indeed, following the Twin Peaks incident, Mr. Clendennen, along with other motorcyclists, were detained as possible witnesses to the events at Twin Peaks. Mr. Clendennen and these other witnesses were initially told that they would be questioned and then released. Nevertheless, Mr. Reyna ultimately called a meeting of various law enforcement officials and ordered the arrest of Mr. Clendennen and approximately 176 other motorcyclists using ‘fill-in-the-blank’ complaints sworn to en masse

“Second, it was Mr. Reyna that disregarded ‘fundamental fairness’ when it appears he violated the Texas Disciplinary Rules of Professional Conduct Rule 3.07 which prohibits an attorney or a person acting at his/her direction from making extra judicial statements regarding the ‘character’ of a party to a criminal proceeding or to make extra judicial statements expressing ‘any opinion as to the guilt or innocence of a defendant or suspect in a criminal case.’ Indeed , on the day of the Twin Peaks incident, as well as on the days immediately following the Twin Peaks incident, Waco Police spokesman Patrick Swanton was permitted to give at least five different press conferences before local, national and international media with the intent to prejudice the rights of Mr. Clendennen and other motorcyclists to a fair trial by attempting to create the indelible image that members of motorcycle clubs are actually members of roving ‘biker gangs’ and that those in Mr.Clendennen’s position were ‘gang members.’”

“Of course, after Mr. Reyna accomplished his goal of prejudicing the public against Mr. Clendennen, the State only then sought a gag order in the case. Again, the State claimed it was doing so in Mr. Clendennen’s best interest.”

“Third, it was Mr. Reyna who showed no commitment to ‘justice’ and who made a mockery of the check grand juries are designed to play in the justice system by securing 106 identical indictments in less than nine hours. Lest there be any doubt about Mr. Reyna’s manipulation of the grand jury, it should be noted that he was able to persuade the grand jury to indict Mr. Clendennen in relation to a death that Mr. Reyna now concedes never occurred (William Anderson) and for the bodily injury of a Department of Public Safety Trooper who nobody contends was injured (Cory Ledbetter). Moreover, the State sought the indictment against Mr. Clendennen despite the fact that video evidence established that Mr. Clendennen did not participate in any violence at Twin Peaks on May 17, 2015.”

“Now, Mr. Reyna seeks to ignore the American Bar Association Standards for the Prosecution Function 3-2.9(a): ‘A prosecutor should avoid unnecessary delay in the disposition of cases. A prosecutor should not fail to act with reasonable diligence and promptness in prosecuting an accused.”

“In the end, the prosecution should reap what it sowed. Mr. Reyna could have waited to order Mr. Clendennen’s arrest. He could have waited to hold his television interview or, more properly, declined to hold one altogether. He could have waited to seek Mr. Clendennen’s indictment. For whatever reason, the State chose not to wait, but it wants Mr. Clendennen to wait. Nevertheless, Mr. Clendennen is innocent and he should not have to wait for justice. This case has taken an unimaginable toll on him and his family and his ability to make a living. Moreover, he remains under bond conditions while he awaits his day in court. He should not have to continue ‘living under a cloud of anxiety, suspicion, and often hostility.’”


20 Responses to “Brodin Responds To Reyna”

  1. Update Says:

    WACO, Texas (AP) — A judge has postponed the first trial scheduled for one of the many bikers arrested after last year’s deadly shootout at a restaurant in Waco, Texas.

    During a pretrial hearing Friday, Judge Matt Johnson scheduled a hearing for April 1 to consider Matthew Clendennen’s motion for a change of venue. Clendennen had argued that pretrial publicity would taint the jury pool.

    The district court judge also ordered the state to turn over evidence from a federal sting operation that led to the January indictment of top officers of the Bandidos motorcycle club.

  2. david Says:

    Every act and statement made by Un-Abel, evidences his complete dis-regard for the Rule Of Law. Apparently, he feels he is above ANY law ordained by the people who are actually in charge and; he is operating as a law-less, out of control dictator. Dictatorial to the extent he thinks he can obtain a conviction not based on any evidence. Expecting a jury to follow his instructions(orders) without asking any questions, or thinking for themselves, as in Germany from 1933 to 1943.

  3. XYZ Says:

    Change of venue sought in Twin Peaks case

    An attorney representing a biker arrested in the May 17 Twin Peaks shootout is seeking to move his client’s felony case from McLennan County.

    Dallas attorney Clint Broden, who represents Hewitt resident Matthew Clendennen, filed a change of venue motion Friday that seeks to try the case in another county because of what he describes as “pervasive, prejudicial and inflammatory” publicity about the unique case.

  4. Jim666 Says:

    Meh. I would think the state of Texas, the county of Waco, and each individual pig/fed, could, and should, be tried and convicted of wrongful death of all nine death`s

  5. Bone Head Says:

    Meh, I used the term “voters” referring to more than just Waco. Reyna is making anybody connected to any part of government look bad.
    But I will concede you’re right about the perception of bikers.


  6. david Says:

    Mr. Reyna( Brodin’s emphasis on Un-Abel’s PERSONAL liability for 176 arrests ),
    ordered every arrest. As a State prosecutor, Reyna VIOLATED both the U.S.and State constitutional guarantee of separation of governmental powers. Reyna,as a judicial branch member, did not have the peoples’ authority to effect the arrests.

    Power to seize an individual is constitutionally granted by the people to the executive branch of government, of which the po-lice are members of.

  7. Meh Says:

    Precisely what are the applicable Texas statutes when someone is wounded and detained in such a situation? At what point is there a LEO legal duty to care for (“duty to aid”?) wounded and what determines priority?

    Apparently cops know they can be sued for failure to protect, but what technically applies in Texas?

  8. Paula Carroll Swann Says:

    Waco DA is doing the same thing as what was done to the Branch Davidians as it was clearly seen that the ATF agent’s shot their own people, but innocent men are in prison for those 4 murders.

    Yes the WPD took fire, from their fellow officer’s as they was shooting at unarmed American Citizens laying on the ground in fear for their lives. Swanton told 1 truth about how they quickly moved in, oh yeah they opened fire from across 2 parking lots at 56 yard’s away… as 14 officer’s fired 44 shots 12 of those 44 was from the 3 officer’s with the rifles of the. 223 rounds that killed 4 of them. As these 106 people are also being charged for those 4 as well as the living Mr. Anderson.

    Arresting all of the eyewitness to cover up the fact that WPD admitted that they committed PER-MEDITATED MURDER, as allowing 3 men to bleed to death when the hospital is just across the street. 1 being guilty of murder, now I know he would not want his fellow brother’s going to prison for his actions.

  9. TX_Biker Says:

    Hey now, Texas isn’t that bad…Most people treat us very well, even the “bible thumpers” as you put it. Waco isn’t really Texas in that respect. It is a college town (Baylor, Texas Tech) with a distinctly Baptist twist….The rest of the State with the exception of Austin (which is just weird) is biker friendly….

  10. BMW Says:

    @justathought: Yes, a prosecutors MAY voluntarily ask for a dismissal at any time, up to trial, for several different reasons. In fact, unless there is a statute of limitations that would prevent later filing a charge, most COMPETENT prosecutors refuse to file a case UNTIL the investigation is finished. However persecutor Rheyna seems to be absolutely incompetent,and is hoping his law partner, who is the judge in this case, will save his ass. You can be sure that bar association charges will be filed, but most probably ignored. It is Texas, after all, where the Injustice Industry is a way for a minority to CONTROL rather than SERVE the citizens. The judge could add the “with Prejudice” to the dismissal, but do you think that the law partner/crooked judge would do so?

    @Rebel: I am very much interested in the role my old buddy Stevie Cookiestealer played in all this craziness. He was scheduled to promote one of his bizarre “motorcycle gang experts” seminars just about this time in Whaco… Was he offering advice behind the scenes? Since his seminars consist primarily of prejudicial assertions against bikers, did this prime the Whaco Injustice Industry to respond to the apparent threat caused by the beefing between motorcycle clubs? Did his typically incorrect information cause the Injustice Industry to react so poorly?

    Obviously, the entire affray could have been prevented by a few police on the ground, keeping the peace, but the Whaco Injustice Industry chose to station snipers instead. As I remember, professional LEO would definitely have had men on the ground instead, or in addition to snipers. Of course, the Whaco Injustice Industry has never been accused of professionalism!

    One of the things that we might do is send letters to local Congressmen, requesting that all federal funds be based on convictions rather than arrests. I think that the ACLU might actually be interested in that sort of campaign. A small change like that might reduce the harassment and false arrests of ALL citizens. Just a wild hair…


  11. BrianF Says:

    No lawyer here, but mine were “Dismissed with prejudice” which means they can revive the charge with a black robed tyrants sayso

  12. Justathought Says:

    Rebel do you know about this? Or Maybe one of the attorneys on here can answer this for me?? My Attorney tried a “speedy trail” on some charges I had caught, and the DA, just dropped all the charges, and then when he had his prosecution case ready,the DA re filed the charges against me. My attorney said “yeah, he can do that, as long as 1) you haven’t been tried on those charges yet ( double jeopardy), and the statutes limitation ( if any) hasn’t run out.” It was many years ago so have things changed? Or was I just a young gullible guy?

  13. Meh Says:

    Bone Head wrote:
    “Reyna is starting to smell the shit he stepped in. His bosses have surely dressed his ass down about how this will look to voters.”

    “Voters” are the people who want LEO to harass, disrupt and destroy bikers. Bikers tend to forget they are NOT the “public” by numbers, and numbers are what matter.

    Most of the public in Texas are Bible thumping crackers who not long ago were fond of lynching anyone they didn’t like. Now they delegate the lynching….

  14. Dasein Says:

    Reyna needs to have a sex change, immediately. Then she could be a hero.

  15. Bone Head Says:

    Reyna is starting to smell the shit he stepped in. His bosses have surely dressed his ass down about how this will look to voters.

    Then there’s the civil suits to come. This clown will no doubt crap himself when those hit.


    Rebel, I hope you’re healing ok.


  16. Todd Says:

    Reyna has no mind…. It always scares me when I know I am smarter than an educated man. Especially when that man is an elected official with the power this idiot possess… Makes me wonder how intelligent the voters of his county could possibly be.

  17. Rebel Says:

    Dear FXR,

    I don’t believe that it has been “released” to the public. I am under the impression that some news outlets, including CNN, have acquired all the Twin Peaks video, the pole cam video, the dash cam video, all the police reports, witness statements, ballistics reports and full autopsy reports including photos.

    Of course, I am just guessing.


  18. NOS4A2 Says:

    Reyna has lost his mind.

  19. FXR Says:

    was tape of the actual fight ever released? Not just the one on the patio of everyone running away…

  20. Road Whore Says:

    Stay on ’em Rebel! Can’t wait to read your book about this travesty of justice. Hope all is well your way.

    Ride Free

Leave a Reply