Judge denies speedy trial motion in Clendennen Twin Peaks case

THUMPERRRR's picture

A judge on Friday rejected a motion from former biker Matthew Clendennen to dismiss the charges against him on a claim his right to a speedy trial has been violated.

Judge Matt Johnson of Waco’s 54th State District Court considered a variety of motions Friday from Clendennen’s attorney, Clint Broden, including a motion to disqualify the McLennan County District Attorney’s Office because it has a tape recording of Clendennen and Broden speaking by phone while Clendennen was still in the county jail.

Broden alleges the DA’s office should be disqualified from the case or the indictment should be dismissed because Clendennen’s right to attorney-client privilege was violated by the jail recording.

Johnson took the motion under advisement, saying he wants to listen to at least a portion of the tape to determine the extent of the damage, if any.

Broden said the existence of the tape was revealed by prosecutors, along with three terabytes worth of other evidence the DA’s office provided to Twin Peaks defendants.

Prosecutor Michael Jarrett said his office has not listened to the tape. He said once he learned the tape exists, he instructed prosecutors and staff members in his office not to listen to it or those involving other Twin Peaks defendants. Jarrett said there were 8,557 phone calls recorded from Twin Peaks defendants in the weeks and months following the May 17, 2015, shootout that left nine dead and more than a dozen injured.

The judge instructed that the tape recordings from the jail be placed under a protective order from the court that prohibits prosecutors and law enforcement officers from listening to the conversations.

All outgoing calls from jail inmates are recorded, but attorneys can make arrangements to have private phone calls with their clients that are not recorded, a jail official said.

In arguing the speedy trial motion, prosecutor Brody Burks told Johnson that much of the delay in the Clendennen case was caused by Broden, who challenged two of Johnson’s earlier rulings with appeals to Waco’s 10th Court of Appeals. The progress of the case essentially was placed on hold while the intermediate appellate court was deciding those issues, Burks said.

In other issues, Johnson ordered the state to pare down its potential witness list after Broden complained that prosecutors gave him a list with 600 witnesses, plus 60 potential expert witnesses and 150 Twin Peaks co-defendants, from the state.

“That doesn’t really help me very much,” Broden said. “I doubt the state is going to call 600 witnesses and I would really like to have a reasonable number to work with.”

more HERE

 

Rate this article: 
No votes yet
Country: 
State: 
News Article written by: 
TOMMY WITHERSPOON
Source of News article: 
wacotrib.com




Related Articles


Elk Hunt   Fly Fishing Guide
  Silver Stock
  Biker News

Disclaimer: The opinions in this article are solely those of the writer, and may not reflect the beliefs of anyone at the Biker News Network/Outlaw Biker World. This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, it must meet certain criteria, and you must Click Here to contact acting agent.