Judge releases Twin Peaks video, gags lawyers, bars public viewing in order

F. Clinton Broden

F. Clinton Broden, defense attorney

Waco – Attorneys from throughout central Texas – including flamboyant former DA Vic Feazell – gathered at 9 a.m. in 54th Criminal District Court to watch a masterful performance of pre-trial filings, adroit appeal to public opinion, and a very sincere desire to get the best of a dire situation for a client living a nightmare in the wake of the Twin Peaks shootout of May 17.

As a lead prosecutor for the McLennan County DA’s Office explained, authorities are struggling to process evidence related to 9 dead bodies, 20 wounded by gunshot, and the cases against 177 persons charged with the conspiratorial offense of engaging in organized criminal activity aggravated by capital murder and aggravated assault, their bond originally set at $1 million.

Matthew Clendennen is a Baylor graduate who operates a lawn service franchise employing six workers. He’s a weekend motorcycle enthusiast who favors the V-Twin Harley Davidson and riding in company with others who fly the Scimitars patch.

When he wheeled into the parking lot at the local “breastaurant” and took his place at a patio table, he was there for a political meeting where he was looking for the freedom to associate with others who share his enthusiasms.

When shooting broke out – he never saw between which parties – he fled to the confines of the restaurant, where he hid from flying lead until Waco police officers told he and hundreds of others to prostrate themselves face down and await further instructions. Nearly three weeks later, his attorney, a Dallas lawyer named F. Clinton Broden, persuaded Judge Matt Johnson to lower his bail to $100,000, but Clendennen still struggles with the strictures of electronic monitoring which confine him to traveling only in McLennan County and a nightly curvew of 8 p.m., as well as a cost of $355 for the installation of the device and a $255 monthly user fee.

Clendennen wants relief, and his attorney made a motion to obtain the surveillance video captured by cameras belonging to the former franchise operator of the Twin Peaks location to demonstrate that he clearly participated in no acts of violence.

When attorneys for the City of Waco and prosecutors from the DA’s office arrived to argue their motions to quash a subpoena to discover the content of the video, courtroom dialogue between they and the judge became tense, the clock ticked more slowly, and Judge Johnson sat on the bench for long minutes – as long as a half-hour – in deep concentration as he read legal briefs of both state and federal cases with facts relevant to the discussion.

Broden began his argument by explaining to the judge, that when it comes to the question of “whether they (City of Waco and State of Texas) have standing to quash the subpoena – clearly they don’t…”

He expressed dismay that an Assistant City Attorney referred to “a document or video owned by a third party (Twin Peaks) as a record of law enforcement.”

It is the principle responsibility of the DA, he argued, to seek justice, and he referred to the City of Waco as an “interloper.”

Since there are “no stated cases,” he added, “It’s abundantly clear that interlopers have no standing.”

When the Assistant City Attorney ventured to say that Twin Peaks management has “turned over the evidence,” he pounced, saying he was not asking for evidence, only access to property owned by the former restaurant operators, who had previously and readily agreed to turn it over as of Friday, June 26.

Both attorneys for the city and the state argued that the defense team is “using the subpoena to get exculpatory evidence. They’re using it as a weapon of discovery,” according to Assistant DA Mark Parker. He said that “Our plan is to allow discovery en masse, not piecemeal.”

Parker alleged violation of the Texas Standard of Professional Conduct by Broden’s inclusion of polygraph questions and results, which drew a sharp retort from Broden with a similar counterclaim regarding the same issues of labeling what he terms the property of third party who is willing to turn the item over as evidence.

A fellow prosecutor, Mr. Luce, said “If everyone sees it now, we’ll have no idea whether they’re describing what they saw, or what they saw on the tape.”

Broden countered by saying, “I didn’t hear the city explaining how they have standing. We don’t want the evidence. We want the Twin Peaks property.”

He gave the judge two examples of his reasoning. “The Waco Police Department has video af an armed robbery on its Facebook page on the day it happened. What the state is telling you is just false…It’s like they are saying my client is guilty of a bank robbery and we ask how do you know. They say, ‘It’s on this video,” and when we ask to see it, they say, ‘You’ll just have to trust us.’”

Judge Johnson agreed with the state by saying he believes secrecy is important to “protect the process” of criminal investigation and litigation.

He denied the City of Waco’s motion to quash the subpoena, then ruled that the state’s motion to quash was denied, but granted their demand for withholding the depiction of events from the general public.

I’m going to impose a protective order for no dissemination in any way.” Only opposing counsel and staff members, as well as expert witnesses may view the video, he ruled.

He further imposed a gag order on all attorneys, ruling the attorneys must remain silent about the case in any public pronouncements, for the duration of the trial, or until he lifts the gag order.

Broden objected, and with genial bonhomie, Judge Johnson said “You can always appeal…The 10th District Court of Appeals is on the fourth floor. I’ve found out it’s not far away,” he said, with a glance at the ceiling, a smile discernible in his tone of voice.

Affidavit refutes cops’, prosecutors’ accounts of video, says lawyer

Waco SWAT

YOU MIGHT BEAT THE RAP; YOU CAN’T BEAT THE RIDE

Dallas – An attorney filed an affidavit in support of modifying the conditions of bail imposed on his client that refutes the entire case as presented to the public by cops and prosecutors regarding a deadly shootout at Twin Peaks Restaurant, Waco, on May 17.

F. Clinton Broden’s affidavit, filed in advance of a 9 a.m. hearing on Tuesday, June 30, into whether 54th Criminal District Judge Matt Johnson will order the release of a video depicting events as they unfolded when bikers and cops shot it out in a melee that within a bare few minutes left 9 dead, 20 wounded, and led to the arrests of 177 persons on the first degree felony conspiracy charge of engaging in organized criminal activity that led to capital murder and/or aggravated assault.

The truth is, the crowd of several hundred motorcycle enthusiasts, all members of various motorcycle clubs, had gathered at the restaurant located in the Central Texas Marketplace shopping center to engage in a political meeting – the Confederation of Clubs. Their aim was to get updated information on the progress of legislation pending in Austin, among other matters.

As one reads the affidavit, the chilling sensation that this represents a historical event chronicling the advent of martial law in a nation taking a serious turn toward utter fascism and away from Constitutional principles begins to take a strong hold upon the mind.

According to the attorney, he has found a diametrically opposing view of what the surveillance depicts between police and prosecutors, and accounts of media representatives from the Associated Press, as well as an attorney, Patrick Keating, acting on behalf of the former Twin Peaks franchisee, Chalak TP, LLC. That corporation lost its franchise agreement when the franchisor learned that its operators had resisted police pressure to allow uniformed officers inside the club in order to quell any anticipated violence.

The City of Waco has intervened in the subpoena of the video, claiming it is an improper discovery procedure, that its aim is to uncover material that is the subject of an ongoing criminal investigation.

Broden’s claim is that he is trying to discover the extent of his client’s culpability in order to negotiate more lenient terms of his bond conditions. He is currently wearing an electronic bracelet, reportedly installed at the cost of $355, for which he must pay an additional $255 monthly. He is furthermore restricted to travel only in McLennan County when his business, that of a lawn service operator, often takes him outside the county’s lines. He is also the subject of an early evening curfew – 8 p.m.

The subpoena was directed at the attorney for the franchisee, Patrick Keating. It is customary for resistance to a subpoena to come from the party from whom material or testimony is requested, and not an intervenor, according to Broden.

The highlights of the document include:

Sgt. Patrick Swanton of the Waco Police Department told the national and international media that events that led to the shooting occurred inside the restaurant and moved to the parking lot.

Those who were there had no plans to “drink beer and eat barbecue.”

Those arrested participated one way or another in “what happened” at Twin Peaks.

Those arrested (which would include Mr. Clendennen) came to Twin Peaks “with violence in mind.”

But the Twin Peaks attorney, Keating, says there is no such evidence on the video.

Chief of Police Brent Stroman held a press conference “where numerous media people were present,” in which he said:

He had seen the surveillance video and he believed there was probable cause to arrest all of those arrested.

Stroman said he wanted the “surveillance video” released because it would “show what happened.”

Said Clendennen’s attorney, Broden, “The implication was that the video supported the prior statements made by Swanton.”

First Assistant District Attorney Michael Jarrett said in a bail reduction hearing that the video showed:

Cossacks “spreading out across the patio in sentry positions.”

As the Bandidos arrived on their motorcycles, “Cossacks scramble oer the patio railings as the shootout ensues.”

But Associated Press accounts hold that:

Bikers on the restaurant patio Sunday, ducking under tables and trying to get inside.”

When gunshots start at 12:24 p.m., most bikers, other patrons and staff immediately run away from the windows and into the restaurant’s interior.”

As the men’s bathroom filled up, the overflow crowd made a “dash toward (the) kitchen.”

The franchisee’s attorney, Keating, told Broden that “He reviewed the video and did not see Mr. Clendennen in the parking lot area and that there was a clean shot of the patio area where Mr. Clendennen said he was sitting.

Based upon the above, I believe that the Twin Peaks surveillance video which is in the possession of Mr. Keating, will refute public claims made by Swanton, Reyna, Stroman and Jarrett…” wrote Broden.

Attorney seeks sanctions against City of Waco

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MOTION TO BLOCK DISCOVERY OF VIDEO TERMED ‘FRIVOLOUS’

Dallas – Showdown time between the Waco Police and a Dallas lawyer bent on justice for his client is 9 a.m. in 54th Criminal District Court on Friday, June 26.

F. Clinton Broden filed a motion to have the City of Waco pay all attorney fees required if his client Matthew Clendennen is forced to spend money in order to obtain evidence from a third party – a video of what exactly happened in a violent shootout at Twin Peaks Restaurant on May 17.

Reportedly, Judge Matt Johnson will not be on the bench, nor in his chambers.

Broden intends to be there along with an attorney representing the City of Waco and the attorney for the former franchisee of a Twin Peaks restaurant where shooting led to the deaths of 9 persons, wounding of 18 more, and 177 arrests for engaging in organized criminal activity, the defendants placed under $1 million bond to “send a message.”

In sum, although the City has absolutely no standing to object to production of a video that the Twin Peaks franchisee owns and which Mr. Keating (an attorney for the Twin Peaks franchisee) has indicated he will produce, the City has intentionally injected itself into this litigation in an attempt to circumvent the Rules of Criminal Procedure.”

The city’s motion to quash the subpoena is placing the former franchisee in a “Catch 22 situation,” according to the motion. Ordinarily, the act of seeking to quash a motion for a subpoena for evidence or testimony is initiated by the party so subpoenaed. But according to Broden’s motion, the Twin Peaks organization had full intentions of turning the video over.

“Undersigned counsel had previously discussed the contents of the video with the attorney representing the Waco Twin Peaks franchisee, Patrick Keating, and was told that the video is consistent with Mr. Clendennen’s defense that he did not participate in nor encourage any violence on May 17, 2015 at Twin Peaks,” he noted.

Should an appeal be necessary in order to obtain an order to obtain the video Matthew Clendennen has asked for, he demands the expenses attached be paid by the City of Waco. Clendennen seeks the information “in his efforts to enforce the lawfully issued subpoena which the Twin Peaks franchisee has indicated it would comply with absent the interference from the non-party City,” Broden wrote in the motion. He added in a citation of case law that “a court has the inherent authority to sanction parties for bad-faith abuses if it finds that to do so will ‘aid in the exercise of its jurisdiction, in the administration of justice, and in the preservation of its independence and integrity.’” Howell v. Texas Workers’ Compensation Com’n, 143 S.W. 3D 416, 446

According to his motion, the evidence is necessary in order to prove that his client did nothing violent – indeed, was not on the scene of shooting and fighting, but had fled from the patio area to a spot inside the building – and in order to prepare his defense against the charge of engaging in organized crime causing capital murder or aggravated assault, as charged.

Judge Johnson lowered his bond to $100,000; he is now asking the Court to ease travel restrictions and monitoring requirements on his conditions of bond.

 

City of Waco moves to suppress Twin Peaks video

SUBPOENA FOR VIDEO OF SHOOTING MELEE BASED ON LAW

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“It’s like me going into your house and you giving me a bicycle, and your neighbor says ‘I don’t want you to give him a bicycle…'” – F. Clinton Broden, defense attorney for Matthew Clendennen

Waco – The gun-grabbing plot thickened today when the City of Waco moved the 54th Criminal District Court to quash a subpoena to discover video of the shooting melee at Twin Peaks restaurant on May 17.

An attorney for a defendant charged with engaging in organized criminal activity, F. Clinton Broden, who represents Matthew Clendennen, a member of the Scimitars Motorcycle Club, subpoenaed the owners of the Twin Peaks franchise for the video from surveillance footage of the violent incident which left 9 dead, 18 wounded and 177 persons jailed on $1 million bond, charged with the conspiratorial offense of engaging in organized criminal activity.

His stated aim was to challenge restrictive conditions of a $100,000 bond granted for his client’s release, in order to show that his client participated in no acts of violence during the shootout.

The attorney who represents the business was willing to comply by Friday morning June 26, as stipulated in the subpoena, but the City of Waco made an eleventh hour motion to the Court to quash the motion, citing the Texas Code of Criminal Procedure and saying it is improper to attempt to use the subpoena to expand the power for discovery and that in any case, the matter is still the subject of an ongoing criminal investigation.

Broden countered by stating that the video is not the property of the City of Waco, but in fact belongs to the corporation that was at one time the Twin Peaks franchisee. He noted that there is no Texas case law either prohibiting the practice, or upholding its validity.

“While there are no Texas cases on point, it is almost universally accepted that only the recipient of a subpoena can move to quash the subpoena,” he noted in his counter motion .

The City of Waco made its motion through a civil procedural rule.

Reached for comment, Broden stated that he has learned that Judge Matt Johnson of the 54th District Court will not be on the bench or in his chambers on Friday, June 26.

Asked if a hearing has been scheduled, he responded by saying “I’m working on that. I’m not sure when it will be. Who knows. It might be in December some time, knowing Waco.”

Opacity of the Trans Pacific Partnership

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PLAYING CATCH-UP IN THE DIALECT OF HIGH GLAZE (from a White House conference call briefing on a visit by Japanese Prime Minister Abe) – Q: I wondered if, leading up to this, whether there has been some significant narrowing of the gap on (Trans Pacific Partnership) issues regarding U.S. tariffs on autos and Japanese tariffs on beef, which seem to be the main outstanding issues. A: …U.S. growth and job creation is going to have to be supported by our ability to access these markets and our ability to have rules of the road that level the playing field and allow for U.S. businesses to be competitive. And that’s what the TPP process has been all about.https://www.whitehouse.gov/…/record-conference-call-upcomin…

KC Massey’s Medical Complications

Liberty1

Brownsville – KC Massey III in a telephone interview with Lisa Bacchi of World Integrity Network News said he feels like he was “hit in the back with a baseball bat” due to a kidney infection.

He and his men of “Rusty’s Rangers’ were detained by federal officers for patrolling the Mexican border with firearms. They later charged Massey with a firearms violation.

Massey was remanded to the custody of the U.S. Marsha’s Service when he failed to give a urine specimen at the time of a pre-trial conference in early June. He is slated to stand a jury trial in early August for felon in possession of a firearm, a federal charge, in U.S. District Court. Border Patrol, FBI agents and ATF officers arrested him for the violation in April.

He has made numerous requests for medical attention , but a doctor who makes calls to the Cameron County lockup has yet to see him. So far, the authorities have given him an antibiotic that makes him sick to his stomach to combat the condition which is characterized by blood and protein in his urine.

Bandidos reacted lawfully – Attorney

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Waco – Police lied to the public about the deadly attack on Bandidos Motorcycle Club members on May 17 as they arrived for a Confederation of Clubs meeting, their attorney says.

Members of the Bandidos Motorcycle Club were at Twin Peaks Restaurant for a political meeting when they were attacked, according to their attorney. When they reacted to deadly force with deadly force, they were committing a lawful act allowed by Texas law, said Stephen Stubbs in a press release.

The attorney demanded the release of all evidence, including autopsy reports and crime scene video, saying it would “simply clear up rampant misinformation.”

If the Waco Police Department didn’t want to interfere with the investigation or influence a potential jury pool, it should not have released its false narrative in the first place and instead should have remained silent during the entirety of the investigation,” Stubbs said. “They did not, and now, after the false information has been widely reported, the Waco Police Department is content to feed the false narrative and allow the public to believe falsehoods.”

Stubbs declared that:

  1. The Bandidos were in Waco for no other reason than to attend a political meeting held in Waco because of its central location between Austin and Dallas;
  2. There was no other meeting planned, as far as their knowledge, though rumors persist otherwise;
  3. All weapons in possession of members of the Bandidos were legally owned and carried;
  4. Bandidos were not the aggressors, “did not start the altercation, did not strike first, were not the first to pull weapons, and were not the first to use weapons…and all involvement in the altercation by members of the Bandidos was in self-defense.”

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Twin Peaks bond reduction: The Outlook

ALLEGATIONS FLY AS DA’S STAFF DUCKS PUBLIC INFO REQUESTS FOR TEXT MESSAGE OF OFFERS FOR LOWER BAIL IN RETURN FOR HOLD HARMLESS AGREEMENTS NOT TO SUE

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Rick Rousseau, a Harker Heights attorney with long experience as a Staff JAG Officer at Ft. Hood, and his partner Susan Criss, a former District Judge from Galveston, insist a member of the Waco defense bar and “some person at the jail” proffered hold harmless agreements in exchange for an offer of reduced bond

WACO – Adept observers of courtroom drama hold that the real actions which settle the outcome of a criminal trial take place long before an indictment is returned or a  jury is selected.

Spectators, families, and friends are getting a detailed look at the long, slow pitchers’ duel of battling attorneys and highly defensive prosecutors, as judges deny bail reduction for some of the 177 defendants in a mass arrest of bikers which took place on May 17 in the parking lot of a Twin Peaks “breastaurant.” Clearly, in most of those cases, the entire gallery, including court officials are waiting for the civil rights actions in federal court. In all but a few cases, that’s where the issues will be settled in suits filed against police officials, elected Constitutional Officers, and the City of Waco, County of McLennan.

$1 MILLION BONDS UNHEARD OF BY DEFENSE LAWYERS

By setting bond at $1 million, Justice of the Peace Pete Peterson, a non-lawyer with decades of experience as a State Trooper, said he intended to “send a message” to bikers everywhere that this university town in the heart of Texas will not tolerate the kind of violence that led to the gunshot deaths of 9, wounding of 18, and the mass arrests. It’s still not clear who shot whom – with what – cops, bikers, whomever. No ballistics reports are available and the surveillance video – displayed to representatives of the Associated Press – has been impounded as evidence.

Every defense attorney questioned responds with the enthusiastic denial of ever hearing of a $1 million bond set in a criminal case – even murder cases of the smoking gun variety.  All agree that the U.S. Constitution, the Texas Constitution, and the Texas Code of Criminal Procedure preclude sending a message or any such thing by setting an extremely high amount.

But there is the lingering matter of the allegation that a member of the defense bar, Brittany Lannen,  who has recently served as a special prosecutor in the DWI cases of a couple who work at Baylor University, approached other attorneys with a proposed proffer of a hold harmless agreement not to sue city and county or public officials in return for a reduced bond. Houston barrister Paul Looney began the hue and cry on-line on a Sunday preceding a meeting between he, Criminal District Judges Ralph T. Strother and Matt Johnson, the lead prosecutor, First Assistant District Attorney Michael Jarrett, and two law partners who are representing four defendants.   All have denied that any such notion was ever considered after Jarrett declared it would not be proper. But the question remains, are the records of the ex parte communications public – or not. The Open Records Division of the Attorney General’s office is pondering the thorny question,  the paperwork extending to 40 pages of correspondence with bloody claw marks all over it. Rousseau recalled his experience at a recent press conference:

BUBBA’S BOND $1 MILLION OVER SOMETHING HE DIDN’T SEE

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Jorge “Bubba” Salinas is a young Marine who endured two tours of duty in Afghanistan, came home to Bell County, and joined a small chapter of the Cossacks Motorcycle Club. He was busted in the mass arrest for something his attorney Brian Bouffard of Ft. Worth insists he “didn’t even see.”

Nevertheless, he must wait for weeks before he can present his case for bond reduction before a Criminal District Judge. The truth, according to the lawyer, is that within 48 hours, a Magistrate could have reviewed the affidavit of warrantless arrest in which vague allegations of probable cause are directed at he – and everyone else so charged – for engaging in organized criminal activity, a conspiratorial felony offense of the first degree carrying a possible sentence of from 5 years confinement to 99 years. The slim Jim allegations state that Bubba came to Waco from Bell County to engage in gang violence, wearing a patch on his clothing which the legal instrument alleges belongs to a criminal street gang. Attorneys have pointed out that there is no such notation to be found in the Department of Public Safety advisory that so designates the Cossacks Motorcycle Club.

Instead of reconsideration of his bond within 48 hours by Jail Magistrate Virgil Bain, who allegedly signed his order of commitment to the McLennan County Jail, he must wait until a date in July to review the probable cause and an August setting to address the possibility of bail reduction.

In any case, according to co-defendant and fellow alleged conspirator Matthew Clendennen, authorities at the McLennan County Jail made no effort to obtain intake information as to employment history, how long the accused have resided at their present addresses, family, friends, children, or other ties to the community that would ameliorate the prospects of flight risk if released on reduced bond.

DALLAS LAWYER ALLEGES EX PARTE CONFAB WITH JUDGE

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F. Clinton Broden has requested assistance from the acting U.S. Attorney for the Western District of Texas at San Antonio. He alleges there is a massive conspiracy to deprive his client Matthew Clendennen – and others so charged – of his civil rights under the 1st, 4th, 5th, 6th, 8th and 14th amendments to the U.S. Constitution.

He alleges in a civil suit filed against the City of Waco, Police Chief Brent Stroman, McLennan County Criminal District Attorney Abel Reyna, Sheriff Parnell McNamara, and county constitutional officers.

They have denied him the freedom of association and self expression guaranteed by the First Amendment; a seizure of his person without individualized allegations of probable cause constitutes a violation of his Fourth Amendment rights guaranteeing freedom from unreasonable search and seizure; a declaration by DA Reyna that those arrested were not cooperating violates his right to remain silent; the suit alleges he has been denied a speedy trial as asserted by the Sixth Amendment; the Eighth Amendment guarantee against excessive bail constitutes a cruel and unusual circumstance used to punish Clendennen; the Fourteenth Amendment guarantee of due process of law has in any case been thereby violated, according to the lawsuit filed in his behalf in the Waco Division of the U.S. District Court.

He furthermore alleged that an ex parte communication between the Magistrate and the DA’s staff advising a delayed setting for probable cause and bond reduction hearings later in the summer is a violation of the Texas Canon of Judicial Ethics.

Twin Peaks – lawyer calls Waco police liars

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“I was lied to by the Waco Police.” – F. Clinton Broden, defense attorney

Dallas – According to a search warrant affidavit signed by a Waco detective on June 12, police bullets struck “multiple” motorcycle club members on May 17.

But Waco Police Chief Brent Stroman said in a press conference two hours later that it was “undetermined’ whether police fire struck any bikers – the case “was still under investigation.”

The Waco police seem unwilling or unable to tell the public the truth, which is why the Department of Justice must intervene in this case,” said F. Clinton Broden, a Dallas attorney who is representing Matthew Clendennen in the criminal case filed against him for engaging in organized criminal activity, a federal civil rights suit against Waco Police Chief Stroman, Detective Manuel Chavez, the City of Waco, McLennan County, Sheriff’ Parnell McNamara, and Criminal District Attorney Abel Reyna.

Broden has also asked for the help of the U.S. Attorney for the Western District of Texas at San Antonio to examine the possibility that a conspiracy to defraud the defendants in a case of mass arrest may exist and require corrective action in federal court.

The criminal defense team has uncovered numerous discrepancies in the police investigation, including a statement by Detective Sam Key (click here for a previous post regarding Det. Key) who states in an affidavit of probable cause for a warrantless arrest – identical to all the other 177 filed in the mass arrest dragnet following the shooting at Twin Peaks restaurant on May 17 in which 9 were killed, 18 wounded at a Confederation of Clubs meeting – that the Cossacks Motorcycle Club is listed as a “criminal street gang.”

Nevertheless, in the recent DPS ‘gang threat assessment’ (click highlighted phrase to read the document) there is absolutely no mention of the Cossacks,” said Broden.

The dispute centers on a search warrant for Clendennen’s mobile phone, which was seized at the time of his arrest on May 17.

A Waco police detective told Broden the phone could not be returned because it was being searched pursuant to a search warrant. He later learned that the warrant for the phone was not obtained until June 12.

I was lied to by the Waco police,” said Broden. 54th Criminal District Judge Matt Johnson signed the instrument on that date. “One would have hoped that Waco and McLennan County officials would have learned from the fiasco surrounding the 177 arrests in this case that affidavits in support of warrants must be tailored to the individual, yet, almost a month later, they are still using fill in the name affidavits…The Bill of Rights, including the Fourth amendment, was enacted more than 223 years ago and the United States Supreme Court decided the case of Ybarra v. Illiinois (click highlighted phrase to read the case) more than thirty-five years ago. Apparently, Waco and McLennan County have still not gotten the message.”

Co-counsel in the case, former District Judge Mike Snipes said, “He (Clendennen) is not even mentioned in the body of the affidavit. The search warrant does not pass constitutional muster.”

In the Ybarra case, the Supreme Court held that “a search or seizure of a person must be supported by probable cause particularized with respect to that person.”

Biker shootout signals Balkanization of American Southwest

Waco SWAT

Now, all of the authorities, they just stand around and boast, about bribing the Sergeant at Arms into leaving his post, and then picking up Angel, who just arrived from the coast. You know he got here looking so good, but left, looking just like a ghost. – “Just Like Tom Thumb’s Blues” – Bob Dylan

Waco – It’s official, signed, sealed, delivered, and filed in the District Clerk’s office.

Petitions involving vehicle forfeiture cases to seize 17 motorcycles, 8 pickups and two SUV’s reveal the extent of the Balkanization of alleged criminal enterprises in the Southwest and central Texas.

When members of the Bandidos Motorcycle Club of San Antonio rolled onto the parking lot at the Twin Peaks restaurant shortly after high noon on May 17, Cossacks from chapters throughout the state were ready to rumble and waiting for them.

Here’s why, according to an Associated Press pool report published by the local daily, which quotes from petitions filed in support of the forfeiture cases in which “the people’s law firm” headed by McLennan County Criminal District Attorney Abel Reyna is seeking to seize as contraband the vehicles owned by members of both clubs.

The one elephant in the living room that goes unmentioned is the state of the case against KC Massey II, a former Sergeant-at-Arms of the eastern division of the Cossacks’ national club.

In the wake of a massive national outcry that the United States is either unwilling, or unable to defend the U.S. – Mexican border, Massey and an armed contingent set out to patrol a choice piece of real estate on the Texas side of the border at Brownsville, where smugglers engaged in both human and drug trafficking on behalf of the Cartel del Golfo make short work of jumping the Rio Grande on a nightly basis.

They were doing just fine, repelling smugglers on the muddy banks of the river by simply maintaining an armed presence on private property following U.S. District Judge Andrew Hanen’s order of injunction sought by 28 states’ Attorneys General to stay the actions of the government in enforcing a five-year amnesty program granted by executive order of President Barack Hussein Obama that would allow immigrants who arrived without papers due to official oppression in their home countries.

Massey demonstrated that without licenses as security guards or a standard operating procedure order from the Governor, they could operate as friends allowed to patrol private property in border areas. The mere sight of armed men dressed in fatigues cause many smugglers to turn around and swim back to Matamoros in the area of a private farm owned by Rusty Monsees – hence, the nickname of the small armed force, Rusty’s Rangers.

ATF agents filed the charge of felon in possession of a firearm against Massey following a shooting incident involving a Border Patrol Agent who fired five shots at an armed member of Massey’s contingent, and missed.  The Cameron County Sheriff could find no violation of the law, but confiscated the weapons carried by Massey’s men. Judge Hanen ordered him to stand trial with jury selection beginning on July 28.

There is little doubt that Massey and his men interfered with the lucrative shipments of drugs and undocumented aliens slated for transshipment to other points throughout the U.S.

But the violent and often armed skirmishes between Bandidos and Cossacks stretch back several years, according to the paperwork filed in State District Courts to seize as contraband the vehicles used by the members of both clubs to arrive at Twin Peaks on the ill-fated Sunday when 9 died, 18 wounded, and 177 people who stood by during the attacks were arrested, charged with engaging in organized criminal activity, their bond set at $1 million.

A Cossack arrested following the melee of May 17, Timothy Satterwhite fought with Bandidos in the parking lot of a Logan’s Roadhouse in 2013 at Abilene after the rival club damaged motorcycles owned by Cossacks. Two others involved in the Abilene incident were in Waco that day.

A lone Cossack suffered injuries from hammer blows and a group stomping after he refused on March 22 to remove a rocker from his jacket stating Texas as the exclusive territory of his club. The Bandidos then confiscated his colors, jacket and all

A Waco police criminal intelligence officer discovered that Bandidos were waiting at the Flying J Truck Stop at the corner of I-35 and New Road while just north of that location Cossacks stood by at the Legends Cycles dealership, owned by Cossacks Chapter President John Wilson. When the intel officer visited Wilson’s place of business, he observed an assault rifle on the premises of Wilson’s motorcycle shop.

The next month, on April 16, Twin Peaks’ management hosted a Bike Night at the restaurant at which 55 Cossacks and members of Los Caballeros, a Bandidos support group, kept uneasy company while members of at least 5 law enforcement agencies stood by. Nothing happened that night, but that was soon to change.

A week later, police arrested a Cossacks member in a nearby parking lot who was holding a gun, a knife, and a bandana with a padlock tied to it. He said he was merely waiting for fellow Cossacks to arrive. Police also arrested him following the May 17 shootout.

Fighting and gunfire erupted when Cossacks arrived early to a Confederation of Clubs meeting at Twin Peaks on May 17, took up positions on the patio, and according to newsmen and prosecutors who have viewed video of the incident, checked their holsters as members of the Bandidos arrived on their hogs.

An uproar ensued when a member shouted out to arriving Bandidos that they were parking in an unauthorized spot. Fighting and gunfire ensued when a Bandido allegedly nearly hit a Cossack with his scooter, fists flew, a gun wheeled out of a vest pocket, and the trigger played the old one-two. Bandido Reginald Weathers would up shot through and through the arm, the bullet exiting and becoming embedded in his torso.

According to the affidavits filed in the forfeiture cases, Cossacks had threatened that Waco is a Cossacks town, that no one other than members of the Cossacks are allowed to ride there.