The attorney for the second biker scheduled for trial in the deadly Twin Peaks shootout says prosecutors have not complied with discovery motions and should be assessed fines for disregarding court orders before his client’s upcoming trial.
Clint Broden, Dallas attorney for Matthew Clendennen, of Hewitt, filed the emergency motion, asking the state to show cause as to why the McLennan County District Attorney’s Office has not submitted a “realistic” exhibit and witness list before his client’s Nov. 6 trial date. Broden stated that in a Sept. 15 pretrial hearing, the state agreed to provide the documents earlier this week, but has not done so by the agreed-upon date.
“I have rarely seen such utter contempt for orders of a court designed to ensure a defendant a fair trial,” Broden said in a statement. “The state’s actions are a transparent attempt to put Mr. Clendennen to the Hobson’s choice of giving up his two-year delayed trial date or timely obtaining the materials that the State agreed on the record to provide him and which the Court ordered to be provided him.”
Clendennen, a former member of the Scimitars group, was one of 154 men indicted for the May 17, 2015, melee that left nine dead and dozens injured. He is scheduled to go on trial on one count of engaging in organized criminal activity with the underlying offense of murder and one count of engaging in organized criminal activity with the underlying offense of aggravated assault with a deadly weapon.
McLennan County District Attorney Abel Reyna, who is currently prosecuting the first trial of a Twin Peaks shootout defendant, Jacob Carrizal, the Bandidos Dallas chapter president, said he has not seen Broden’s motion and declined comment.
Broden contended that the state agreed to provide documents to the defense by Oct. 17. He said he felt forced to file the emergency order Wednesday as no exhibit, witness, or expert lists were provided.
The motion requests that any “gang experts” for the state be precluded from testifying in Clendennen’s trial. Broden also asked to impose a $500 per day fee to the state for the first seven days that the state does not produce exhibit and witness lists and a $1,000 fine per day after the first seven days.
The emergency filing comes one day after the district attorney’s office request a continuance for Clendennen’s trial date. Broden immediately filed a response, saying the state’s request continues to violate his client’s right to a fair and speedy trial.