Houston lawyer predicts DA’s entire office will be disqualified…
Paul Looney of Looney and Conrad called out cops’ and DA’s veracity
BULLETIN: Attorney F. Clinton Broden, who is representing Matthew Alan Clendennen of the Scimitars MC, reached us to say, “Just so it is clear, I will write my own brief for Judge Johnson. While I am happy to accept any suggestions from Mr. Conrad or anybody else who would like to contribute, the ultimate work product will be mine. I do not allow other attorneys to ghostwrite briefs for me.”
Hempstead, TX – Appeals attorney Clay Conrad will prepare the legal brief for disqualification of Criminal District Attorney Abel Reyna in the Twin Peaks massacre of May 17, 2015.
The principal partner in his firm, Paul Looney, volunteered his services, which the attorneys representing the defendants in the motion readily accepted. He noted his firm did the research and initial draft of the motion.
Looney predicted the likely outcome by saying, “Reyna is in serious danger of having his entire office disqualified from all Waco biker cases.”
The central point in the argument is that Reyna became a “necessary witness” when he took charge of the investigation and made the decision as to what charges to file against suspects. He cannot legally do both jobs – serve as an investigator and prosecutor simultaneously – under the rules of criminal procedure.
He further called into question the veracity of the testimony heard in a Monday hearing into the matter, saying “Either all of the police are lying, or, Reyna is. There is no way to reconcile the contradictions. Somebody is telling abject lies.”
Looney pointed the finger of blame at Reyna, saying Reyna caused 177 people to be arrested “even though not one Waco Police official agreed with the appropriateness of such an over-the-top course of action.” He added that “no valid theory in law supports the extreme actions taken at Reyna’s instruction following the Twin Peaks episode last year.
“A horrible situation was made much worse. I can only attribute Reyna’s decisions to extreme ambition. It had nothing to do with seeking justice,” said Looney. “Seeking justice, as we all know, is the only thing any District Attorney has the power to do.”
In predicting a favorable ruling in a “couple of months,” Looney termed illegal the mass Twin Peaks arrests and identical charges of engaging in organized criminal activity following a gang fight between rival motorcycle clubs and a police massacre of the assailants with assault rifles.
Evidence that emerged in testimony included then Police Chief Brent Stroman’s account of giving permission in a long distance phone call from the east coast to make the arrests because he thought Reyna meant he could obtain convictions for capital murder. All the police who were there said they thought they were doing an investigation of capital murder cases in officer-involved shootings.
Each in turn gave testimony that reflected their memory being that they were identifying potential witnesses to the melee in preparation for their release. They further agreed in their testimony that when Reyna and members of his staff arrived at the Waco Convention Center, he instructed them they were to arrest every person with either a Bandidos, Cossacks, or support club patch on their clothing. They also said the affidavit of warrantless arrest, identical in every case, had been prepared members of Reyna’s staff.
On the other hand, Assistant District Attorney Mark Parker recalled that it looked as though the detainees were “under arrest” because their hands were restrained by zip-tie temporary handcuffs. “It didn’t look like they were free to go,” he said. He also noted that none of the detainees had been advised of their rights.
Reyna’s testimony, which was vague and included much ado about what he did not recall, was to the effect that he was convinced that Manuel Chavez, the detective who signed an affidavit of warrantless arrest, either had already, or would assure himself that the allegations in the sworn affirmation were true, though he had no personal knowledge of the events because he was not there.
Reyna further testified that he urged Chavez to take pains to verify the information.
Chavez when re-called to the witness stand, admitted that he did not do any such thing, that he never talked to Reyna.
“In any event, Looney is of the opinion, based on the evidence in the Monday hearing, that Reyna’s grandiosity resulted in the illegal arrest of most of the people facing charges as a result of the Twin Peaks mess.
Detectives noted during the hearing that the cases of suspected capital murder that occurred on May 17, 2015 at Twin Peaks restaurant at a meeting of the Confederation of Clubs and Independents are still open case, the subject of ongoing investigation.