SUBPOENA FOR VIDEO OF SHOOTING MELEE BASED ON LAW
“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.”