A Waco criminal court judge has issued a gag order in the Twin Peaks biker case preventing lawyers and prosecutors from talking to the media. He also shielded a Twin Peaks restaurant surveillance video from release to the public.
Last week, an attorney for one of the bikers, Clint Broden, procured a subpoena for the Twin Peaks restaurant’s May 17th surveillance video.
In his motion to enforce the subpoena, Broden argued that the video would support his client’s argument that there is no probable cause for his arrest and that he should not be held on restrictive bond conditions.
In response to the issuance of the subpoena, the City of Waco filed a motion to stop its release
Broden responded to the Asst. DA saying that the surveillance video was not “state’s evidence.” He urged that it belongs to the Twin Peaks restaurant chain. He also reportedly accused the DA’s office of being in violation of the Michael Morton Act by fighting the disclosure. Last week, an attorney for one of the bikers, Clint Broden, procured a subpoena for the Twin Peaks restaurant’s May 17th surveillance video.
In his motion to enforce the subpoena, Broden argued that the video would support his client’s argument that there is no probable cause for his arrest and that he should not be held on restrictive bond conditions.
In response to the issuance of the subpoena, the City of Waco filed a motion to stop its release
The Michael Morton Act provides that a prosecutor must produce and permit the inspection and copying and photographing of evidence by the criminal defense. The Act is named after a case where a prosecutor, who later became a judge, was found to have had knowingly withheld evidence of Morton’s innocence. DNA evidence exonerated Morton of his wife’s murder 25 years later. The judge lost his law license and served jail time.
Broden said he intends to appeal the protective order and the gag order to Waco’s 10th Court of Appeals.
http://www.wacotrib.com/news/twin-peaks-biker-shooting/city-seeks-to-block-subpoena-for-twin-peaks-video/article_37bd518d-0c6b-52f8-9374-d573e366f05b.html
http://www.breitbart.com/texas/2015/07/01/waco-judge-stops-twin-peaks-video-release-issues-gag-order/
Reminder, Waco police, who rounded up about 170 people, charged bikers with felony engaging in organized criminal activity and set their bonds at $1 million for attending a meeting (constitutional right to assemble, see amendment #1) in a restaurant in Waco Texas. 9 were shot by SWAT, Waco PD, DSP and killed with multiple head, neck, and torso bullet wounds, 20 were injured.
http://www.wacotrib.com/news/twin-peaks-biker-shooting/vehicle-forfeiture-documents-reveal-new-details-about-deadly-biker-shootout/article_0491c81d-7009-52f1-9120-d9cb08b1609e.html
http://justacarguy.blogspot.com/2015/05/the-most-thorough-accounting-of-events.html
In a nutshell, the rumor is that there was a shoving match in the restaurant, this prompted a fist and knife fight, and when the bikers spilled outside the restaurant, the police opened fire. I expect that eventually, when the evidence is aired in court, we might find that the whole thing was due to undercover cops provoking the situation, ergo, bringing up a reason for law enforcement to stomp on bikers they've been trying to keep out of Waco.
Or we'll find that the police spokesman had no facts, made shit up, and what happened was completely something else entirely... as the vehicles seized, and weapons found, suggest http://www.wacotrib.com/news/twin-peaks-biker-shooting/vehicle-forfeiture-documents-reveal-new-details-about-deadly-biker-shootout/article_0491c81d-7009-52f1-9120-d9cb08b1609e.html because you can read what the charges are for seizing the vehicles are... this is a way to get info about who was there, what they had stashed in their cars and trucks, and consequently not carrying on them
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