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



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.

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