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.