Be Fightin’ In The War


This picture snapped of Matt Clendennen at the County Jail 5/17/15

Waco – I have better pictures of Matt Clendennen, but I like this one because it depicts the level gaze of a man who knows he’s right and just keeps on a’comin’.

That counts for a lot around here.

This old boy just flat won’t quit, and his lawyer is in the same notch. It says here that F. Clinton Broden “was successful last week in forcing District Attorney Abel Reyna to step aside voluntarily from prosecuting” his case.

With all due respect to Mr. Paul Gately of KWTX News 10, I must say that’s putting it mildly, but then, he actually works here; I don’t.

Since I’m a guest and he works for the pool news organization, that makes me a guest, so I helped myself to one of the towels from the powder room when I stole his story.

Like any good mouthpiece, Broden’s motions and writs tell a story, beginning, middle and end. And he told the world exactly what legal no no Reyna committed when he became a fact witness in the prosecution, and thereby involved his entire staff, the law firm maintained by We The People of the State of Texas, nullifying their best efforts in the process. Reyna changed coats, became a cop.

Wrong.  It’s hard to understand how Broden did anything in particular to force my man Reyna to do anything – anything at all. He just tells the story in his pleading, which was granted, in a different form and after a lot of legal changes, but nevertheless, it’s the same melody and chord changes as before. It wails.

F. Clinton Broden has written some of the strongest legal be-bop I’ve ever read in my life. Check it out.

In case you haven’t heard, these guys run in a pack.

Which brings up the Senior Judge appointed to hear the Clendennen case. The Honorable Douglas Shaver is from the Bayou City, and he is bringing three well-noted mouthpieces as special prosecutors with him from that venue. Only one of them has any background as a prosecutor. The other two are dyed-in-the-wool hounds at the criminal bar.

They are Brian M. Roberts and Brian Benken. Feroz Merchant “is the only one among the three that shows experience as a prosecutor,” according to Mr. Gately, whose organization assures you, “We’re On Your Side!”

Their job is to prove that Matt Clendennen, who graduated from Baylor University and operates a corporate lawn trimming company with a payroll of  less than a dozen men, rode his Harley Davidson motorcycle to an establishment named Twin Peaks and did there and then engage in organized criminal activity by doing so.

What he did was park his bike in a lot reserved for other motorcycle enthusiasts who are members of a political lobbying organization named the Confederation of Clubs and Independents. He took a seat at a table reserved for those same members and while wearing a motorcycle enthusiasts’ vest with patches colored black and gold signifying his support of the Cossacks Motorcycle Club, which is not affiliated with the COC&I, ordered a bottle of water, and settled down to wait.

For the meeting.

When it came, the reactions were violent, berserk, muderous. There is ample motion picture footage of what happened. It clearly shows Matt Clendennen in full flight from the violence which resulted in the capital murder of 9 men, the aggravated assault of an additional 20, and a massive insult to the peace and dignity of the People of the State of Texas.

Mr. Clendennen ran from the patio area of the restaurant to a place in its interior where he hid until police came and ordered his raise his hands and march to a place outside where they took his boots, his billfold, and the rest of his human dignity.

He was taken prisoner. A magistrate set his bail at $1 million. All this happened 30 months ago. It should be as familiar as the Ten Commandments or the Code of Hammurabi by now.

His alleged crime: Engaging in Organized Criminal Activity

Texas Penal Code – §71.02 (a)(1)

In this chapter,

(a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following:

(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or children, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a Class A misdemeanor;

(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

(5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;

(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;

(7) any offense under Subchapter B, Chapter 43,  [FN1] depicting or involving conduct by or directed toward a child younger than 18 years of age;

(8) any felony offense under Chapter 32;

(9) any offense under Chapter 36;

(10) any offense under Chapter 34, 35, or 35A;

(11) any offense under Section 37.11(a) ;

(12) any offense under Chapter 20A;

(13) any offense under Section 37.10 ;

(14) any offense under Section 38.06 , 38.07 , 38.09 , or 38.11 ;

(15) any offense under Section 42.10 ;

(16) any offense under Section 46.06(a)(1) or 46.14 ;

(17) any offense under Section 20.05 or 20.06;  or

(18) any offense classified as a felony under the Tax Code.

(b) Except as provided in Subsections (c) and (d), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony, except that the offense is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for:

(1) life without parole, if the most serious offense is an aggravated sexual assault and if at the time of that offense the defendant is 18 years of age or older and:

(A) the victim of the offense is younger than six years of age;

(B) the victim of the offense is younger than 14 years of age and the actor commits the offense in a manner described by Section 22.021(a)(2)(A) ;  or

(C) the victim of the offense is younger than 17 years of age and suffered serious bodily injury as a result of the offense;

(2) life or for any term of not more than 99 years or less than 30 years if the most serious offense is an offense under Section 20.06 that is punishable under Subsection (g) of that section;  or

(3) life or for any term of not more than 99 years or less than 15 years if the most serious offense is an offense punishable as a felony of the first degree, other than an offense described by Subdivision (1) or (2).

(c) Conspiring to commit an offense under this section is of the same degree as the most serious offense listed in Subsection (a) that the person conspired to commit.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether in voluntary and complete renunciation of the offense he withdrew from the combination before commission of an offense listed in Subsection (a) and made substantial effort to prevent the commission of the offense.  If the defendant proves the issue in the affirmative by a preponderance of the evidence the offense is the same category of offense as the most serious offense listed in Subsection (a) that is committed, unless the defendant is convicted of conspiring to commit the offense, in which event the offense is one category lower than the most serious offense that the defendant conspired to commit.

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