Another couple of angry motions got filed in the courts of Waco’s two super judges yesterday.
Apparently, some of the lawyers in the Twin Peaks case are still all bent out of shape just because, as it turns out, McLennan County District Attorney Abelino Reyna, 19th District Court Judge Ralph Strother and 54th State District Court Judge Matt Johnson all outrank the Supreme Court, the Constitution and the Magna Carta. The angry motions were filed by chronic malcontent Clint Broden.
All of Waco sympathizes with her elected demigods. All the holy ones did was ruin a couple hundred little lives. Nobody important. Nobody famous. Nobody who matters. And what does Waco get in return? The bill. Just yesterday Guns.com, one of the few legitimate news outlets still covering the Twin Peaks case reported “Waco biker shooting has cost county more than $700K.” Poor McLennan County. Does poor McLennan County get any sympathy?
No. Instead all the greater Waco Metropolitan area gets is outside agitators from places that are not Waco and we know that for a fact. Agitators from places like Dallas and Houston. They all have fancy notions about the Constitution. Have you ever read the Constitution? Of course not. Nobody ever has. None of the judges or prosecutors in McLennan County, Texas has ever even seen it.
Go ahead. Go to Waco and try to prove there is a Constitution.
God Bless Waco
Can you imagine the fuss if this had happened in one of those places that are not Waco – like Los Angeles or New York City or, Lord help us, Boston or San Francisco? One of those places with fishing boats. Galveston maybe. Of course Galveston isn’t really Texas. Galveston is just Baja Mississippi. But the “Battle of Twin Peaks” happened in Waco so it is not a big deal. A big deal is Kendrick Lamar’s new album or Kendall Jenner’s Pepsi Ad. The only reason why all the movers and shakers way down yonder in the land of Baylor haven’t gotten a call yet from Scott Pelley, Anderson Cooper. Shane Smith or Bill Maher is that Waco is one of those stealth communities that the journalati call flyover country. The Twin Peaks case is the tree deep in the forest that falls without making a sound.
Nobody cares about a bunch of biker hooligans. Scott Pelley, Anderson Cooper. Shane Smith and Bill Maher are all vigilantes. They all watch CNN so they all think the biker hooligans are getting what they deserve. When they look at photos of biker hooligans like George Bergman or Matthew Clendennen they see the Sons of Anarchy. They see biker hooligans because that is how the story has been played from the beginning,
The great herd of the migrating press did not assemble in the parking lot of the Central Texas Market Place on May 18, 2015 to discover a story. They all already knew the story they would tell. Their producers and editors had already told them what the story was. They were just there, as the saying goes, to “plug in the quotes.” And suddenly, as if by destiny, there appeared a magically quotable idiot named Patrick Swanton who strutted and fretted for three days on the world’s undeniable, mass media stage.
Then other stuff happened. Two weeks later it was “Millions Exposed by Computer Hacking Linked to China.” And then “Gunman Kills 38 Tourists at Beach Resort.” And then Trump and Hillary and Putin and the rights of the transgendered and so on.
It is called the news cycle and that is how Waco became the land the law forgot.
Neither Reyna, Strother nor Johnson are worried. In fact, “I’m not worried” has practically become Reyna’s catchphrase. You know like when Snoop Dog says “Fo shizzle” or Emeril Lagasse says “Bam!” Now Reyna responds to all questions about the case with “I’m not worried.”
Broden’s motions yesterday asked for speedy trials for two of his clients, George Bergman and Matthew Clendennen. It has been two years. Both men have been protesting their innocence since they were falsely arrested and held on $1 million bonds. Here is some of what Broden had to say.
Ralph Strother presides over Bergman’s case and the motion was submitted to him.
“Mr. Bergman’s previous speedy trial demands were made on or about November 12, 2015 and February 3, 2016.”
“It is time to remove the Sword of Damocles hanging over George Bergman’s case. There is conclusive evidence in the possession of the State that Mr. Bergman had just arrived at Twin Peaks on May 17, 2015 when the violence began and that he did not participate in the violence in any way. It is time for him to be exonerated so that he and his wife can move on with their lives. Mr. Bergman currently has a November 7, 2017 trial date. Nevertheless, on April 21, 2017, the Court was quoted in the Waco Tribune-Herald implying that all Twin Peaks cases would be continued.”
“Indeed, the United States Supreme Court has recognized that the right to a speedy trial ‘has its roots at the very foundation of our English law heritage. Its first articulation in modern jurisprudence appears to have been made in the Magna Carta (1215)….’ Klopfer v. North Carolina. Moreover, just last year, the Supreme Court noted that the right of an American citizen to a speedy trial ‘reflects the concern that a presumptively innocent person should not languish under an unresolved charge….’ Betterman v. Montana. Stated differently, the Supreme Court recognized that the right to a speedy trial serves ‘to shorten the disruption of life caused by arrest and the presence of unresolved criminal charges.’ United States v. MacDonald.”
“Inordinate delay between arrest, indictment, and trial may impair a defendant’s ability to present an effective defense. But the major evils protected against by the speedy trial guarantee exist quite apart from actual or possible prejudice to an accused’s defense. To legally arrest and detain, the Government must assert probable cause to believe the arrestee has committed a crime. Arrest is a public act that may seriously interfere with the defendant’s liberty, whether he is free on bail or not, and that may disrupt his employment, drain his financial resources, curtail his associations, subject him to public obloquy, and create anxiety in him, his family and his friends.”
Matt Johnson presides over Clendennen’s case and the motion was submitted to him.
“…the Supreme Court recognized that the right to a speedy trial serves “to shorten the disruption of life caused by arrest and the presence of unresolved criminal charges.” United States v. MacDonald.”
“…this case and approximately 105 other ‘Twin Peaks cases’ were rushed to a grand jury in November 2015 (i.e. more than one year ago). Moreover, the State bamboozled grand jurors into indicting Mr. Clendennen for the death of William Anderson despite the fact that it is now conceded that William Anderson did not die as a result of the Twin Peaks incident. Second, despite rushing this case to the grand jury, when a trial date was originally set in this case the State asked for a continuance intimating that it needed a year to review the evidence in the case. In other words, the State sought an indictment against Mr. Clendennen without a complete review of the evidence. Third, in a hearing held in this case on February 12, 2016 – more than a year ago – the McLennan County District Attorney’s Office represented to the Court that it was in contact with the United State Attorney’s Office for the Western District of Texas about obtaining discovery in the federal case. Fourth, despite representing that it was in contact with the U.S. Attorney’s Office in February 2016, the McLennan County District Attorney’s Office only sought a letter from the U.S Attorney’s Office regarding the status of discovery on or about March 20, 2017 on the eve of the start of some of the Twin Peaks trials.”
“To no one will we sell, to no one will we refuse or delay, right or justice.” Magna Carta (1215).
“The video of the Twin Peaks patio on May 17, 2015 shows Mr. Clendennen standing on the patio while the violence is taking place in the parking lot. He is innocent. He wants his day in both this court and in connection with his civil rights lawsuit. He wants to be exonerated.”
Don’t expect to see any of this reported on 60 Minutes, CNN or Vice. Don’t expect to read Broiden’s words in the Waco Tribune-Herald. Don’t expect the ACLU of Texas to get involved in this case. Forget Greg Abbott. Forget Trump. Forget Sessions. Forget the Constitution. Have a Pepsi instead.